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HomeMy WebLinkAboutMcDonalds Corporation (PA2001-155)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 7 September 4, 2003 TO: Planning Commission FROM: James Campbell, Senior Planner (949)644 -3210 j ca m pbe I l(cD city. newport- beach. ca. us SUBJECT: Use Permit No. 2001 -029 and Development Plan No. 2002 -001 APPLICANT: McDonald's Corporation Discussion This item was continued from the last meeting to gather additional information regarding the ability to address the roof of the proposed building. Additionally, the Commission suggested some changes to the elevations, requested clarification of proposed roofing materials and requested additional review of the requirement to replace the sewer main. The applicant has prepared revised elevation drawings and a letter in response to issues that were raised at the last meeting Roof Design & Equipment Screening Based upon the discussion at the last meeting, the applicant has focused upon the screening features of Option No. 2. They have lowered the height of the screening structures, which will make them less visible from the street. The area of the roof that they cover has not changed. The applicant has had a new mechanical engineer evaluate the ventilation needs of the equipment located on the roof of the proposed restaurant building. The letter identifies minimum needs for plumbing vents, grease ducts and air circulation for air conditioning and refrigeration condensers. It notes that the plumbing vents and grease ducts must extend through a roof a minimum 24 inches. Additionally, it states that should a solid or partial roof structure be required, positive air circulation through the attic of the structure would be necessary to make the equipment operate effectively. In essence, fans within the exterior of the roof or walls would be necessary to push air through the structure for the equipment to work. What such a system would look like is not available, but the concept is theoretically possible. The applicant has indicated to staff that they are not willing to implement such a concept due to economic considerations. Mariner's Mile McDonald's September 4, 2003 Page 2 Staff consulted with the Deputy Building Official regarding the mechanical engineer's letter and opinions. The need to have the grease ducts and plumbing vents extend through a roof is confirmed and the need to provide adequate air flow for the mechanical equipment is required. However, staff cannot confirm the quantification of air flow as insufficient detail and information about the equipment is available. Should an open trellis roof, open beam roof or louvered roof be provided, venting of the grease ducts and plumbing vents through the top of the structure will be required and the mechanical engineer will need to demonstrate that adequate air flow through the partially open roof structure is provided. The Commission did identify an important aspect of the Design Framework with the question regarding whether or not the proposed roof screening elements would meet the intent of the guideline to provide "five- sided" architecture. The need for ventilation of equipment makes it very difficult to treat the roof with the same deference as the other four elevations are treated. The Design Framework and the Zoning Ordinance also states that buildings should be sensitive to views from above. With that said, staff believes that the Planning Commission can find the applicant's proposal consistent with both goals. It should also be noted that other design options to address the 5th side of the building may exist and any particular design would need to be evaluated by a mechanical engineer and the Building Department to ensure proper functioning. In conclusion, staff believes that the applicant to date has not met the burden of showing that the 5th elevation of the proposed building cannot be made an integral part of the overall design. In staffs opinion, numerous design options are available to a creative architect: partial roofing with open beam and heavy timber construction is one example. What other options would look like is not available. The applicant has requested additional sketches to be prepared by their architect, which will be provided at the hearing. Elevation Changes The applicant has increased the height of the parapet by 6 inches, which will assist in screening the roof screens. Additionally, the gable end parapets of Option No. 2 have been eliminated for flat topped parapets similar to Option No. 1. This change should eliminate the concern about the visibility of the back of the gable end parapets from the street. These changes coupled with the lowering of the equipment screens should reduce the visibility of the screen elements. Roofing Materials The Commission commented upon the use of corrugated metal as possible screening features or roofing materials. The revised elevations and use of screening Option No. 2 has eliminated the use of exposed corrugated metal. One comment was to treat or paint the roof and any equipment on the roof in a consistent manner so that it all blends together and minimizes the appearance of the equipment on the roof. The applicant agreed to this condition at the last meeting. Mariner's Mile McDonald's September 4, 2003 Page 3 Sewer Main The applicant has requested relief from Condition #19 requiring the replacement of the existing sewer main that crosses the property. Staff has re- evaluated this condition and suggests its elimination. However, the applicant must obtain an Encroachment Agreement/Permit to construct the proposed improvements within the sewer easement. Those improvements are the parking lot, curbs, landscaping, lighting and the retaining wall. Through the process of issuing the encroachment agreement, the City and the applicant can address the issues of cost, liability and scheduling. It is the desire of the City to have the sewer line replaced when the project is under construction so as to reduce or eliminate future construction related disturbances. Coordinating the construction through the applicant's contractor will ensure that the applicant's schedule is not hampered by the sewer project. The Public Works Department has given a preliminary indication that they can fund the project; however, the ability to follow through on that possible commitment will depend upon fund availability. The details of the replacement of the sewer maim will be addressed through the review of the Encroachment Agreement/Permit. In conclusion, staff has amended Condition #19 to require an Encroachment Agreement/Permit and coordination of the replacement of the sewer main with the project. Changes to Conditions Staff has made several changes and additions to the draft conditions of approval due to previous discussions and further review. • Condition #9 was modified to clarify that all aspects of the use, including patrons, restaurant operations, drive -thru operations and mechanical equipment shall be subject to noise control provisions of the Municipal Code. • Condition #10 was modified to eliminate the closure of the parking area after 11:30PM. • Condition #18 was modified to require an evening inspection of lighting levels prior to occupancy to ensure that excessive lighting is not created. • Condition #19 was modified as stated in the previous paragraph. • Condition #39 was added such that the roof, screens and equipment be painted or treated in a consistent fashion such that they blend together in harmony with the overall design of the building to reduce their visibility from Coast Highway and above. • Condition #40 was added to require an environmentally sensitive washout area in compliance with water quality standards. This is a standard condition now applied to all restaurant projects. • Condition #41 was added to prohibit deliveries and refuse pickup between 10:OOPM and 8:OOAM. This condition was added due to a concern about noise expressed during the December 2002 hearing. • Condition #42 has been added to require air scrubbers on kitchen exhaust to control smoke and odor. Mariner's Mile McDonald's September 4, 2003 Page 4 Conclusion Should the Planning Commission conclude that the issues about the roof have been adequately addressed, the Commission can approve the project by adopting the revised resolution attached to this report. The Commission can direct the applicant to make further efforts in roof design; however, the applicant has made it clear to staff that the latest proposal is what they wish approved. The applicant is preparing additional sketches that will be available at the meeting. Should the Commission find something within those sketches that should be pursued, staff would recommend providing the applicant clear direction. Should the sketches be unsatisfactory, the Commission may consider denial of the project based upon its inconsistency with the Mariner's Mile Strategic Vision and Design Framework. Prepared by: mes W. Campbell Senior Planner Exhibits 1. Applicant's response letter 2. Revised draft resolution 3. Revised elevations Submitted by: AM a', Lillild, Patricia L. Temple Planning Director • HOGLE- 1ULAND A Land Planning & Development Consulting Firm August 29, 2003 Mr. James Campbell Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 SUBJECT: REVISED PLANS FOR CONDITIONAL USE PERMIT No. 2001 -029 AND DEVELOPMENT PLAN No. 2002 -001); MCDONALD'S DRIVE -THRU RESTAURANT; LOCATED AT 700 WEST COAST HIGHWAY, NEWPORT BEACH,CA Dear Mr. Campbell: On behalf of McDonald's Corporation, I am pleased to provide the revised elevations as requested by the Planning Commission at the August 21, 2003 hearing. At the August 21st hearing, the Planning Commission continued McDonald's request to scrape and rebuild the existing restaurant and requested that McDonald's revise their building elevations to help minimize the view of the roof screening from Pacific Coast Highway. In satisfying this request, McDonald's selected the Option #1 building elevation and the Option #2 roof screening design. To help minimize the visibility of the roof screening fr.)m Pacific Coast Highway, the height of the roof structure was reduced and the parapet wall was increased approximately 6 ". To illustrate the visibility of the roof structure from Pacific Coast Highway, a line of sight diagram has been prepared. Please see attached Sheet A -5. In addition to the revised elevations, the Planning Commission also requested data from McDonald's mechanical engineer that would adequately support McDonald's position related to the difficulty to enclose the roof mounted equipment. In satisfying this request, McDonald's utilized the expertise of a second certified mechanical engineer as requested by the Planning Commission. A letter identifying the issues and difficulties related to an enclosed structure was submitted to Staff under a separate cover August 29, 2003. To help provide McDonald's with an additional alternative, Commissioner Selich discussed a hip roof design made completely of louvers. Continually searching for alternative designs to satisfy the Mariner's Mile five sided architectural guidelines, McDonald's discussed the possibility to utilize this louver roof design both internally and with their architects. Internally, McDonald's has significant concerns related to difficulty of maintaining the louvers and replacing equipment should the equipment ever fail. Replacing equipment will require removing and replacing a major portion of the louvered roof. 42 Corporate Park, Suite 250, Irvine, California 92606 • 949 / 553 -1427 • FAX 949 / 553 -0935 • w .hogleirelandxom IRVINE . RIVERSIDE August 29, 2003 Newport Beach CUP No. 2001- 029/DP No. 2002 -001 Page 2 The issues identified by the architects were related to code compliance and the three (3) exhaust fans that will still need to extend above the louvered roof thereby not screening a significant amount of the equipment nor complying with the guidelines. McDonald's is excited about remodeling this existing restaurant and is hopeful that you will find their revised elevations and mechanical data acceptable. If you have any questions concerning this information, please contact me at (949) 553 -1427. Sincerely, Z<7 Randal Kimoto Project Manager Attachments: Six (6) color elevations Twelve (12) reduced sets of revised elevations and line of site drawings cc: Don Ikeler, Construction Project Manager for McDonald's Corporation Vol [mVcDrc)naic11a August 28, 2003 Mr. James Campbell Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RECEIVED BY PIANNI N DEPARTMENC CITY o AM AUG 2 8 2003 PM 41819110111112111218141818 Re: New McDonald's Restaurant Located at 700 West Coast Highway McDonald's Site ID# 004 -0306 McDonald's Corporation One McDonald's Drive Oak Brook, Illinois 60523 -1900 Direct Dial Number 630 - 623 -8139 Mr. Campbell: The request, that the McDonald's Restaurant to be built at 700 West Coast Highway be constructed with a completely covered roof so that no equipment will be visible, is not a practical alternative due to operational, fire safety, and code compliance issues. In order to provide a clear understanding of all these issues, each type of equipment related issue is discussed below. Plumbing Vents Based upon the 2000 Uniform Plumbing Code, Section 517.1, the domestic water heater flue must vent straight up through and above any roof structure for fire safety reasons. Additionally, terminating the flue below the roof may trap the flue gases under the corrugated metal roof, allowing them to be drawn back into the fresh air intakes of the air conditioning units. This could create a life safety issue, since lethal combustion gases could circulate through the restaurant's HVAC system. Also, the plumbing soil stack vents must also vent above the roof to ensure sewer gas does not get trapped under the corrugated metal roof and drawn back into the fresh air intakes of the air conditioning. This would create a health issue since sewer gas would circulate through the restaurant's HVAC system. HVAC Units Even if the vent pipes are allowed to penetrate the roof, there is still the requirement of sufficient fresh air for the HVAC units and the condensing units. Adequate fresh air to satisfy both the restaurant's code required ventilation (per ASHRAE Standard 62: Ventilation for Acceptable Indoor Air Quality, which is referenced in the 2000 Uniform Building Code) and the manufacturers' operational requirements for the units will be impractical to impossible to satisfy Page 1 of 2 with a full roof structure. The condensing units used for the walk -in cooler require approximately 5,300 cfm of air. Similarly, the two HVAC units' condensor fans require a total of 14,800 cf n's of air. (Each unit has two fans rated at 3,700 cfm). Thus, the total required fresh air is 20,100 cfm. The louvers required to handle this air quantity, based on 70% free area and 500 feet per minute air velocity, equates to an area of 57 sq.ft of louvers. Two of this size would be required; one to let air in and the other to let air out. As a result, louvers would be located around the entire building's facade. Modifying the roof structure and/or parapet to add these louvers would significantly impact the building's elevations. In addition to the louvers around the perimeter of the building, the design would require fans to draw air into the enclosure and fans to push air outside. Due to the amount air exchange required, the fans would be substantial in size to handle these requirements Grease Ducts Finally, the grease ducts are required to be vented to the outside air. Given the code requirement, the ducts would have to extend through the proposed roof structure by 24 inches minimum as per the 2000 Uniform Mechanical Code, Section 508.9. Furthermore, if the grease exhaust fans were not vented properly, the design would create a fire hazard under the roof structure. In summary, a typical McDonald's Restaurant has on its roof two packaged air conditioning units, three cooking grease exhaust fans, a domestic water heater flue, a toilet exhaust fan, multiple air cooled condensing units serving in -store refrigeration equipment, and plumbing vents. Some of these items are restricted from being covered by code requirements. Enclosing the roof at this location would not meet all code requirements and would not be recommended. Still, if it were feasible to fit all of the equipment and additional fans on the roof with the louvers on the building, the code would still require the grease exhaust ducts to penetrate the roof. The end result would be an elaborate roof structure with louvers that only screens the two HVAC units. I hope this answers any questions. Please fell free to contact me with any questions. Sincerely, McDonald's Corporation Francis J. Kohout, PE Corporate Mechanical Engineer California License # M 31953 cc: Don Ikeler, , McDonald's Corporation �,u Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -029 AND DEVELOPMENT PLAN NO. 2002 -001 FOR PROPERTY LOCATED AT 700 W. COAST HIGHWAY. (PA2001 -155) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by McDonald's Corporation, with respect to property located at 700 W. Coast Highway and legally described as Parcel 1 of Parcel Map No. 88 -181, requesting approval of Use Permit No. 2001 -029 and Development Plan No. 2002 -001 to authorize the redevelopment of the existing McDonald's restaurant where the existing restaurant will be demolished and a new 3,113 sq. ft. restaurant building will be constructed with a reconfigured drive -thru. The application also requests a partial waiver of parking. Section 2. A public hearing was held on December 5, 2002, August 21t and September 4" of 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. Drive -thru restaurants are permitted within this category. 2. The proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The objectives of the Zoning Code are to promote the public health, safety, peace, comfort, and general welfare and to protect the character and social and economic vitality of all districts. The existing fast food use has been operating at the project site since 1971 and has proven to be compatible with surrounding uses. The property is zoned RSC (Retail and Service Commercial), which permits the proposed use pursuant to obtaining a Use Permit. The proposed use as modified is consistent with these primary objectives of the Zoning Code and the purpose of the RSC zone as the location is designated for commercial uses. 3. The proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The project site is located on a major highway and the use has been operating at the site for many years without incident. The project should not prove detrimental to the area under the proposed draft conditions requiring a reduction in operating hours and strict compliance with landscape, screening, lighting and sign standards applicable to Mariner's Mile. The site plan minimizes vehicle conflicts associated with exiting the drive -thru lane. The time period at which the drive-thru �3 Planning Commission Resolution No. _ Page 2 of 8 queue might create possible vehicle maneuvering is limited based upon the queuing analysis prepared for the project. Conditions of approval have been included requiring the applicant direct vehicles in a safe manner to reduce vehicle conflicts and enhance safety when the drive -thru queue affects access to the site. 4. The proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The Zoning Code provides no specific conditions on how the proposed fast food, take -out or drive -thru restaurants must operate other than the restaurant development standards. Although the project as designed requires a waiver of parking and perimeter walls, expected parking demand indicates that adequate parking is incorporated within the project and perimeter walls are not necessary due to the location of the property, abutting uses and landscape hedge across the front of the property. 5. The Development Plan application is consistent with the Mariner's Mile Strategic Vision and Design Framework and applicable ordinances and policies provided the following changes to the project are incorporated: a. Modification of the landscape plan to comply with landscape standards of the Zoning Code. b. Reduction in hours of operation to promote compatibility with nearby residential uses. c. Strict compliance with lighting and sign standards of the Zoning Code. The use of the building requires increased ventilation requirements making a roof on the building difficult. The project incorporates screening elements that provides some screening of roof -top mechanical equipment. 6. The requested parking waiver is acceptable as the expected parking demand will fall below that anticipated by the Zoning Code. This is based upon a parking demand survey at the existing site, which is comparable to the proposed restaurant, indicating that parking demand will be less than the 30 spaces to be provided. The City Traffic Engineer has reviewed and accepts the conclusion of the parking demand study. The probable long -term occupancy of the building, based on its floor plan and the design and presence of the drive -thru operation, will not generate additional parking demand. The drive -thru restaurant is located in an automobile oriented area of Mariner's Mile along W. Coast Highway, which takes the focus off dining within the restaurant and thereby reduces parking demand. The lack of a children's play structure also reduces parking demand. 7. The project qualifies for a Class 2 exemption for the replacement or reconstruction of an existing commercial structure located on the same site of substantially the same size, purpose and capacity. The existing fast food restaurant is 3,141 sq. ft., which will be replaced with a 3,174 sq. ft. fast food restaurant with a reconfigured drive -thru. Section 4. Based on the findings above, the Planning Commission hereby approves Use Permit No. 2001 -029 and Development Plan No. 2002 -001, subject to the conditions set forth in Exhibit "A." J� Planning Commission Resolution No. _ Page 3 of 8 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4th DAY OF SEPTEMBER, 2003. Wa M Earl McDaniel, Chairman Michael Toerge, Secretary AYES: NOES: 0 Planning Commission Resolution No. _ Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001 -029 & DEVELOPMENT PLAN NO. 2002-001 The development shall be in substantial conformance with the plans identified as follows except as modified by other conditions of approval: Sheet Date Sheet Date C1 4 -22 -02 Al 4 -25 -03 C2 4 -29-03 A2 8 -29 -03 C3 4 -2 -03 A3 8 -29 -03 L -1 4 -25 -03 A4 8 -29 -03 Color Elevation 8 -29 -03 2. Use Permit No. 2002 -029 & Development Plan No. 2002 -001 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 4. Changes in operational characteristics, hours of operation, expansion in area or operation characteristics, or other modification to the floor plan or site plan may require an amendment to this Use Permit or the processing of a new Use Permit. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. The exterior of the restaurant shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 8. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. N Planning Commission Resolution No. _ Page 5 of 8 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, restaurant operations, drive -thru operations and mechanical equipment. Background music, if provided, shall be limited to the interior of the facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 10. Hours of operation shall be from 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. 11. The proposed trash enclosure shall have a decorative, solid roof for aesthetic purposes and sound attenuation. Gates shall be self - closing. Every effort shall be made by employees of the applicant to ensure that refuse disposal is conducted in a sensitive manner and that excessive noise is not generated. 12. The landscape plan shall be revised to be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. The applicant shall revise the conceptual plan to include the use of Washingtonia robusta palms as required by the Zoning Code. The applicant shall re -use and or relocate existing queen palms to the maximum extent. 13.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 14.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation 11 Between the hours of TOOAM and 10:0013M Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 10. Hours of operation shall be from 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. 11. The proposed trash enclosure shall have a decorative, solid roof for aesthetic purposes and sound attenuation. Gates shall be self - closing. Every effort shall be made by employees of the applicant to ensure that refuse disposal is conducted in a sensitive manner and that excessive noise is not generated. 12. The landscape plan shall be revised to be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. The applicant shall revise the conceptual plan to include the use of Washingtonia robusta palms as required by the Zoning Code. The applicant shall re -use and or relocate existing queen palms to the maximum extent. 13.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 14.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation 11 Planning Commission Resolution No. _ Page 6 of 8 systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 15. The project shall incorporate a nautical flag pole design similar to that used by Newport Beach City Hall. 16. Signs shall be in compliance with the Zoning Code, including but not limited to those applicable standards of the Mariner's Mile Overlay zone. 17. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 18.The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19.An Encroachment Agreement/Permit shall be required for the construction of improvements within the public sewer easement. The applicant and their contractors shall coordinate with the City to ensure that the existing sewer main is replaced. 20.The applicant shall provide a new sewer lateral to the restaurant if deemed necessary by the Utilities Department based upon the condition and location of the existing sewer lateral. Sewer cleanouts shall be provided in accordance with Utilities Department standards. A grease interceptor of adequate size shall be provided and it shall be maintained throughout the operation of the use. 21.All cooking equipment that has the potential to produce grease laden vapors shall be provided with a fire protection hood and fire suppression system to be reviewed and approved by the Fire Department. 22.All improvements shall be constructed as required by Ordinance and the Public Works Department, and shall be completed prior to issuance of a Certificate of Occupancy. 23.The intersection of the driveways with West Coast Highway shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD - 110-L. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside J� Planning Commission Resolution No. _ Page 7 of 8 the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. 24. The noses of the curbed landscaped islands at four locations (at the ends of the double - loaded aisle way) shall be pulled back two feet from the rear of the parking spaces. 25. The drive -thru aisle at the rear of the proposed building (easterly side of property) shall have a minimum width of 12 -feet rather than 11 -feet. 26.The onsite parking and vehicular and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 27. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 28.The applicant shall agree that the proposed development will not increase the need for on- street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the re- striping or widening of West Coast Highway on the grounds of loss of on- street parking. 29. Public Works Department plan check and inspections fees shall be paid. 30. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagpersons. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 31.Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 32. New curb and gutter, sidewalk and driveway approaches shall be constructed along the entire West Coast Highway frontage of the property in accordance with an encroachment permit issued by the California Department of Transportation ( Caltrans). Street improvements as well as drainage and utility improvements within Caltrans right -of -way shall be shown on standard improvement plans prepared by a licensed civil engineer. 33. Catch basins are to be constructed at all locations where drainage from surface runoff is proposed to be discharged through curb outlets. Each catch basin shall be bottomless and constructed over permeable material, as well as having a fossil filter system. The objective is to improve the quality and decrease the quantity of water runoff by providing for on -site percolation to the maximum extent possible. 34.An alternate site plan shall be prepared demonstrating that on -site parking, vehicular circulation, and pedestrian circulation systems can be modified and still function 11 Planning Commission Resolution No. _ Page 8 of 8 satisfactorily if West Coast Highway is widened into the full 12 -foot width of additional right -of -way dedicated to the City in 1988 with the recordation of Parcel Map 88 -181. 35.An Encroachment Agreement shall be executed prior to the issuance of a building permit for new construction covering the rights and obligations associated with the use of the 12- foot strip of additional street right -of -way for on -site improvements in accordance with the approved site plans for the proposed project. 36.A hydrology and hydraulic study for the project shall be prepared by the developer's licensed civil engineer, along with a master plan of water, sewer, and storm drain facilities for the on -site improvements prior to issuance of a grading permit. Any modifications or extension to the existing storm drain, water and sewer systems that the study shows to be required shall be the responsibility of the developer. 37.The site plan shall be revised to include painted markings on the pavement in the on -site drive isle leading from the eastern driveway for the drive -thru lane indicating "Keep Clear at all times." These markings shall be painted on the pavement in a contrasting color (white or yellow) and shall be repainted as necessary. 38. The drive -thru facility shall be operated in such a manner that vehicles will not be allowed to block driveways or impact Coast Highway. Drive -thru operations shall be monitored at all times by the applicants' representatives on -site. To prevent vehicle queuing in the eastern driveway, incoming customers shall be directed to queue along the on -site parking aisle parallel to Coast Highway while maintaining the "keep clear" zone specified above open at all times. Traffic congestion problems occurring on West Coast Highway related to the drive -thru facility shall be immediately corrected. Should traffic congestion above. 40.A wash -out area for refuse containers and kitchen equipment shall be provided and the area shall not drain into the storm drain system. The area shall directly into the sewer 41. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 :00 p.m. and 8:00 a.m.. dais, unless otherwise approved by an amendment to this food service permit. 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