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HomeMy WebLinkAboutMcDonalds Corporation (PA2001-155)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 December 5, 2002 TO: Planning Commission FROM: James Campbell, Senior Planner (949) 644 -3210 icampbell@city newport- beach.ca.us SUBJECT: Use Permit No. 2001 -029 and Development Plan No. 2002 -001 APPLICANT: McDonald's Corporation 11682 El Camino Real #400 San Diego, CA 92130 ISSUE: Should the Planning Commission grant approval of the application requested by the McDonald's Corporation to redevelop the existing McDonald's Restaurant located at 700 W. Coast Highway in the Mariner's Mile Area as proposed by the applicant? RECOMMENDATION: Hold a public hearing and approve Use Permit No. 2001 -029 and Development Plan No. 2002 -001, modifying the project subject to the findings and conditions of approval within in the attached draft resolution (Attachment No. 1). DISCUSSION: Background: The site was first approved for a fast food restaurant in 1971 with the approval of Use Permit No, 1534. In 1978, the Use Permit was amended to enclose an outdoor eating area and a proposed drive -thru window was denied due to inadequate area for vehicle maneuvering. This amendment was never implemented and subsequently expired. In 1987, the Use Permit was amended to allow the expansion of the restaurant and a drive -thru. The existing on -site circulation pattern was established with this approval in 1987 and a 17 space parking waiver was granted. Mariner's Mile McDonald's December 5, 2002 Page 2 Proiect Description: The existing 3,141 sq. ft. fast food restaurant located in the middle of the site will be demolished and a new 3,113 sq. ft. restaurant with 56 seats will be constructed on the same property, but located further to the west than the existing building. The entire parking lot and drive -thru lane will be reconstructed. The drive -thru lane will be separate from the parking area, and the parking lot will have 31 parking stalls. The two existing drive approaches from Coast Highway will be reconstructed with the westerly approach being relocated approximately 30 feet to the east. New landscaping, site lighting and signage are proposed. The existing concrete retaining wall located at the base of the bluff will be reinforced as the existing wall is beginning to fail. The new wall will have a natural stone veneer finish. The restaurant is proposed to be operated 24 -hours a day. The applicant has prepared drawings of the project that are attached as Attachment No. 2. Surrounding lands uses are: Boat sales to the east Residential uses to the north and south Restaurant to the west Mariner's Mile McDonald's December 5, 2002 Page 3 Analysis: General Plan — the Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. Restaurants are permitted within this category. Mariner's Mile Strategic Vision and Design Framework— This policy document, adopted in October of 2000, contains guidelines for the general improvement of the Mariner's Mile area (Attachment No. 3). In order to approve the Development Plan application as required pursuant to Section 20.42.060, the Commission must find the project consistent with the Strategic Vision and Design Framework and applicable ordinances and policies. Staff has evaluated the proposed project against these guidelines and finds that the project generally complies; however, the project does not comply with several goals: "5 sided" architecture, landscaping and the color palette. The primary goal of the Design Framework is to encourage high quality designs that are responsible and sensitive to the surroundings. Additionally, specific landscaping and signage guidelines are specified and the use of nautical materials is encouraged. The following discussion relates to the major topics covered by the guidelines: a. Architecture — building designs should be "5- sided," meaning that attention to the design of the roof is important and "buildings should respect views from above (kings Road) in an aesthetically pleasing manner. This issue is important due to the increased need for mechanical equipment for a fast food restaurant that would potentially be visible from above. The difficulty in screening the roof is the increased need to ventilate roof -top equipment due to the nature of the use being higher than that typical of other uses commercial uses. The original proposal received over 1 year ago had a roof screening element (Attachment No. 4). The City sought design assistance from Keenan Smith, AIA of City Lights Design Alliance who is the design professional who crafted the Design Framework in regards to the roof as the proposed screen structure seemed out of scale for the building. Mr. Smith provided a sketch of the proposed building with a different roof screen while incorporating open areas for air circulation Attachment No. 5). The applicant expressed appreciation for the City's effort and expense, but after evaluating the physical needs of the project, they choose not to incorporate any roof screen, instead relying upon the roof parapet to screen the equipment. The applicant indicates that the new roof equipment will be smaller and more energy efficient and can be painted to match the roof to reduce its visibility. The roof parapet provides adequate screening of the mechanical equipment from the ground provided that the equipment is no higher than the parapet; however, it provides little to no screening from above. Staff recommends that a roof or screen structure be required. The applicant's original submittal indicates that a roof screen structure is feasible. b. Color and Materials Palette — The Mariner's Mile Design Framework establishes a basic color system where the base building color is neutral and is 90% of the building. Contrasting trim elements, being light or dark, are to be no more than 10% Mariner's Mile McDonald's December 5, 2002 Page 4 of a building and accent elements with bright colors being up to 5% of the exterior of the building. The majority of the exterior of the building is neutral with only a light contrasting trim. Accent colors on the awning and upper corrugated metal band of the building well exceeds 5% of the exterior. The corrugated metal band can be painted a neutral tone similar to the clapboard and the two bands of wood trim can be darkened. The red awnings might remain as the color fits the McDonald's corporate colors and sign colors. With these simple changes, staff believes that the colors would be consistent with the Mariner's Mile Design Framework. Staff has included a condition requiring these changes. The Design Framework encourages the use of nautical building materials and or other details. The project incorporates the use of clapboard siding, which is a listed, and therefore acceptable, nautical building material. The project has no other overt nautical features. Staff suggests that the flag poles, which are a common McDonald's design element, incorporate the ship's mast design seen at City Hall and other properties on Mariner's Mile. c. Landscaping — The Design Framework establishes specific landscape requirements that have been incorporated within the Zoning Code, which makes compliance with the standards mandatory. Three primary elements are required: 1) a 5 -foot wide hedge and palm row at the back of the sidewalk across the site from east to west; 2) interior parking lot landscaping; and 3) bluff landscaping within a specific palette of species. The conceptual landscape plan prepared does not include the hedge and palm row and the applicant does not plan to re- vegetate the bluff. The hedge and palm row is probably the single most important feature established by the Design Framework as it will provide a unifying design element for the Mariner's Mile over time. Staff has included a condition of approval related to compliance with all landscape standards including requiring re- vegetation of the bluff in accordance with the planting guidelines of the Mariner's Mile Strategic Vision and Design Framework. d. Signs - The Design Framework establishes specific sign guidelines, which were also incorporated within the Zoning Code making compliance with the standards mandatory. The applicant plans to comply with applicable sign standards. Staff has included a condition of approval requiring compliance with sign standards. e. Lighting — The Design Framework states that "lighting should be purposeful and respectful" Lighting must be contained on the site using down lighting wherever possible, and incorporate shielding. Parking lot lights cannot be taller than 20 feet and "walpak" type fixtures are prohibited, as they create harsh glare for residents and drivers. Although a specific lighting plan has not been prepared at this time, the applicant has indicated they will comply with these guidelines. Staff has included several standard conditions of approval that address lighting to ensure compliance with these guidelines and standards. f. Walls — The Design Framework specifies the use of split -faced block, textured concrete or crib -wall systems with landscaping for retaining walls. The existing 10 to Mariner's Mile McDonald's December 5, 2002 Page 5 15 -foot high retaining wall along the base of the bluff is a smooth block that is beginning to fail due to its age. The applicant plans to construct a new wall with a natural stone veneer finish in front of the existing wall to provide structural support. Staff believes this proposal meets the intent of the Design Framework of having a more aesthetically pleasing finish for retaining walls. g. Site access — The Design Framework encourages the elimination of drive approaches where feasible to reduce potential vehicle conflicts. The site presently has two driveway access points and the proposed site plan retains both of them; however, the western driveway will be relocated approximately 30 feet to the east. Both of these driveways are necessary for convenient access and circulation due to the design of the parking lot and drive -thru lane and volume of traffic. If the western driveway were eliminated, all the traffic would be forced to use the one driveway, which may lead to vehicle conflicts. Therefore, staff believes that the proposed site access scheme is acceptable. Zoning Code — The zoning of the property is RSC -MM (Retail and Service Commercial — Mariner's Mile Overlay). Eating and drinking establishments are permitted subject to obtaining a Use Permit. The Mariner's Mile Overlay requires that the project comply with the Mariner's Mile Specific Area Plan as it implements the Mariner's Mile Strategic Vision and Design Framework discussed previously. The project complies with setback standards, building height and the 0.3 floor area ratio as shown in the following table: Standard Required Pro osed Setbacks: Front: 12' 23' Side (E): 0' 200' Side (W): 0' 20' Rear: 5' 82' Height: 26' 22' Floor Area Ratio: Lot area: 44,393 sf. 44,393 sf. 0.3FAR: 13,317 sf. 3,113 sf. a. Parking - Proposed parking falls short of that required for a take out restaurant. Required parking is based upon gross floor area (1 space: 50 square feet) and employees (1 space per employee on duty. Therefore, the required parking for the project is 62.28 plus 10 for employees for a total of 73 total spaces. The project provides 31 parking spaces. The applicant has prepared a parking demand study using the existing site that is supportive of the request to reduce required parking (Attachment No. 6). The Traffic Engineer has reviewed the study and application and supports the reduction in parking as the site is presently used more for its drive -thru than for on -site dining. One of the following findings must be made to approve the requested parking waiver: Mariner's Mile McDonald's December 5, 2002 Page 6 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the sites; 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously, 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100(B); or 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. There are no facts to support items 1, 2, & 3, in staff's opinion. The applicant and the Traffic Engineer believe that there is sufficient support for approval based upon Item 4a. regarding expected parking demand falling below that anticipated by the Zoning Code. Additionally, staff believes that the 31 spaces provided will be sufficient for the project. Item 4b can be supported by the floor plan and design of the drive -thru operation. The presence of the drive -thru in an automobile oriented area such as this segment of Mariner's Mile takes the focus off dinning within the restaurant and reduced parking demand. The lack of a children's play structure also helps reduce parking demand as these features tend to increase parking needs and length of stay. b. Restaurant Development Standards - Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040 (D) of the Municipal Code states that any of the development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Development Standards AIEWFIF . Site Site shall be sufficient size and confi guration to Complies. The she meets minimum commercial size as" all requirements for off - street parking, requirements; however, the site is not large enough to setbacks, curb cuts, walls, landscaping and refuse accommodate the project while providing the minimum storage as provided by Section 20.62.040 of the required parking. The she does accommodate ample vehicle Municipal Code. storage for the drive -thm lane. The City Traffic Engineer believes that the parking provided is acceptable; therefore, staff believes that the site is of sufficient size to support the use. Setbacks: Setbacks required in accordance with RSC zone. Com Iles. See previous discussion above. Of!- street Off- street parking in accordance with the provisions Walver Requested. The she provides 31 spaces of me total Parking of Chapter 20.66 of the Municipal Code wired in of 73 spaces. Circulation: Parking areas and driveways to facilitate traffic and Complies. Traffic circulation has been reviewed by the City circulation of vehicles on and around the facility and Traffic Engineer, who believes the site will function acceptably. to Drovide adequate sight clearances. Mariner's Mile McDonald's December 5, 2002 Page 7 In staff's opinion, the site is adequate to accommodate the proposed use. All site .development standards are currently being met and operational issues can be conditioned to require compliance. c. Hours of Operation - McDonald's desires to operate the facility 24 hours a day. The hours of operation are currently not limited by Use Permit No. 1534. However, the hours cited in the staff report for are 6AM to 11 PM Sunday to Thursday and 6AM to 12 midnight Friday and Saturday. The current operating hours are 5:30AM to 11:30PM daily. Staff recommends that the hours of operation be limited due to the presence of residential uses located in Bayshores to the south and on Kings Road to the north. Staff suggests that the hours be similar to those granted to the nearby Taco Bell: 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. Additionally, the parking lot should be secured, similar to the Taco Bell, to prohibit vehicle entry between 11:30PM and 5:OOAM for security purposes. These provisions should make the use more compatible with nearby residential uses. d. Use Permit Findings — In order to approve a Use Permit, the following findings must be made: 1. That 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. Staff does not view the use as modified and proposed to be inconsistent with these primary objectives of the Zoning Code. The property is zoned RSC wails ll b erected A solid masonry wall 6 feet high shee on Waiver suggested. Staff suggests a waiver of the 6-foot high (adjacent to all interior property lines of the subject property. wall for the interior property lines due to abutting commercial the interior Walls 3 feet in height shall be erected between the uses and topography. The impact of the 3-foct wall between Property on -site parking areas and the public right-of -way. the parking area and the street can be accomplished with the lines): continuous hedge required pursuant to the Mariner's Mile landscape standards. Landscaping: 10% oT entire site, afoot wide landscape area shall Complies. The site plan presently provides in excess of 10% be provided to screen the parking area from the of the site area and compliance with Mariners Mile landscape public right-of -way. A 3 -foot wide landscape area standards will ensure compliance with this standard. adjacent to the interior property lines shall be Provided. lighting: Parking lot and site illumination height and intensity; Complies. "Walpak" style lighting is prohibited by code and to minimize the reflection of lights to the streets and lighting standards cannot be over 20 feet in height. A neighboring properties. photometric study will be required before final approval of the lighting plan and field verification of lighting levels and lack of late will be r uired before occu Utilities All utilities required to be undergrounded. Complies. A condition of approval has been included requiring all utility connections to be underground. Supply Supply storage to be contained within a building. Complies. No outdoor storage of supplies is permitted and storage areas for store a have been included on the floor plan. Refuse Refuse storage outside of a building shall be hidden Complies. A trash storage area or "corral" with screening walls storage from view by a solid masonry wall 8 feet in height is located at the northeast comer of the site plan. with self-locking gates. In staff's opinion, the site is adequate to accommodate the proposed use. All site .development standards are currently being met and operational issues can be conditioned to require compliance. c. Hours of Operation - McDonald's desires to operate the facility 24 hours a day. The hours of operation are currently not limited by Use Permit No. 1534. However, the hours cited in the staff report for are 6AM to 11 PM Sunday to Thursday and 6AM to 12 midnight Friday and Saturday. The current operating hours are 5:30AM to 11:30PM daily. Staff recommends that the hours of operation be limited due to the presence of residential uses located in Bayshores to the south and on Kings Road to the north. Staff suggests that the hours be similar to those granted to the nearby Taco Bell: 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. Additionally, the parking lot should be secured, similar to the Taco Bell, to prohibit vehicle entry between 11:30PM and 5:OOAM for security purposes. These provisions should make the use more compatible with nearby residential uses. d. Use Permit Findings — In order to approve a Use Permit, the following findings must be made: 1. That 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. Staff does not view the use as modified and proposed to be inconsistent with these primary objectives of the Zoning Code. The property is zoned RSC Mariner's Mile McDonald's December 5, 2002 Page 8 (Retail and Service Commercial), which permits the proposed use pursuant to obtaining a Use Permit. The use as modified and conditioned is consistent with these primary objectives of the Zoning Code and the purpose of the RSC -MM zone, as the location is designated for commercial uses and conditions have been applied such that the project is consistent with the Mariner's Mile Overlay, which requires a consistency finding with the Mariner's Mile Strategic Vision and Design Framework. 2. That the proposed location of the use permit 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 under the proposed conditions should not prove detrimental to the area; however, staff is concerned about the hours of operation. When traffic volumes diminish during the late evening and nighttime hours, sound from the drive -thru might become a nuisance to nearby residents on Kings Road and Bayshores. Additionally, lighting of the site all night long may also be a nuisance. Commercial activity after midnight and before 5AM is not typical and the Commission should consider curtailing the proposed hours of operation to make the use more compatible. The site is designed to minimize vehicle circulation and access conflicts due to the drive - thru lane being separate from vehicular parking areas. Staff also suggests that a roof screen be required similar to that proposed by the applicant originally or one more in line with the sketch provided by the City's design consultant. The Mariner's Mile design framework calls for such a screen, and if implemented, the project will be more compatible with the area. Lastly, staff believes that strict compliance with landscaping, lighting and signage standards will alleviate any detrimental issues. 3. That 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 restaurant must operate except for the restaurant development standards discussed previously. Although the project as designed requires a waiver to parking and walls, staff believes that sufficient facts exist to support the application as conditioned. Mariner's Mile McDonald's December 5, 2002 Page 9 Environmental Review: 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 3,113 sq. ft. fast food restaurant with a reconfigured drive -thru. The reconfigured drive -thru should decrease vehicle maneuvering conflicts and the Traffic Engineer believes that traffic increases will be negligible. Additionally, the reduction in on- site parking is supportable based upon anticipated parking demand. Therefore, staff believes that the project qualifies for a Class 2 exemption. Public Notice: A public notice was prepared in accordance with the Municipal Code and was made available more than 10 days in advance of this hearing. It was published in the Daily Pilot, posted at the site and mailed to property owners and nearby homeowners associations as required by Section 20.91.030 of the Municipal Code. Conclusion: Staff believes that the findings for approval of the Use Permit and Development Plan can be made subject to the conditions of approval contained within the draft resolution. The conditions of approval require several modifications to the project as discussed above: Inclusion of a roof or roof screen structure to screen roof -top mechanical equipment from views from above. 2. Reduction in accent colors and use of a darker contrasting trim compatible with the color of the clapboard siding pursuant to the Mariner's Mile Strategic Vision and Design Framework. 3. Modification of the landscape plan requiring compliance with the Mariner's Mile landscape requirements. 4. Reduction in hours of operation from 24 hours a day to 5:00 AM to 2:00 AM with the dining room closed between 11:30PM and 2:OOAM daily and securing the parking lot between 11:30PM and 5:OOAM for security purposes. 5. Requiring the flag pole to have a nautical design similar to the flag pole at City Hall. Staff believes that these modifications to the project are important as they will implement the Mariner's Mile Strategic Vision and Design Framework as well as make the project more compatible with the area. Alternatives: The Planning Commission has the following alternative courses of action in addition to the recommended action, which is to approve the modified project: Mariner's Mile McDonald's December 5, 2002 Page 10 Further modify and approve the project — staff recommends this action if the Commission believes that additional alterations to the project are minor in nature and need not be re- evaluated by the Commission before project approval. 2. Modify and continue the project — this alternative is recommended when changes to the project are substantial and the Commission desires to review them before project approval. The length of a potential continuance should be commensurate with the amount of time the applicant might require to implement the alterations to the project sought by the staff or the Commission. 3. Deny the project —this option is recommended should the Commission be unable to make the required findings for project approval. Findings for denial are attached as Attachment No. 7. Prepared by: 6WC04vyti James W. Campbell Senior Planner Attachments: Submitted by: Patricia L. Temple Planning Director 1. Draft Resolution for project approval including findings and conditions. 2. Project plans. 3. Portion of the Mariner's Mile Strategic Vision and Design Framework 4. Original project elevation with roof screen. 5. Project with roof screen designed by the City's design consultant. 6. Parking demand study prepared by LSA for the applicant. 7. Findings for denial. Attachment 1 Draft Resolution for project approval including findings and conditions Page Left Intentionally Blank /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 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. Take -out and 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 use as modified and proposed 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 permit 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, screening of the roof and strict compliance with landscape, lighting and sign standards applicable to Mariner's Mile. The site is designed /3 Planning Commission Resolution No. Paae 2 of 6 to minimize vehicle circulation and access conflicts due to the drive -thru lane being separate from vehicular parking areas. 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 except for 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. Incorporation of a roof or a roof screen structure to screen roof -top mechanical equipment. b. Reduction in accent colors and the inclusion of a darker contrasting trim. c. Modification of the landscape plan to comply with landscape standards of the Zoning Code. d. Reduction in hours of operation to promote compatibility with nearby residential uses. e. Strict compliance with lighting and sign standards of the Zoning Code. 6. The requested parking waiver is acceptable as the expected parking demand will fall below that anticipated by the Zoning Code. Additionally, based upon the parking demand survey, the 31 spaces that will be provided will be sufficient for the use. 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 segment 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 3,113 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." Planning Commission Resolution No. Page 3 of 6 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 5th DAY OF DECEMBER 2002. 71-W My Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: /5 Planning Commission Resolution No. Paqe 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001-029 & DEVELOPMENT PLAN NO. 2002 -001 1. 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 422 -02 At 9 -26 -02 C2 12 -05 -02 A1.2 12 -05 -02 C2.1 12 -05 -02 A2 12 -05 -02 C2.2 12 -05 -02 A A 9 -26 -02 L -1 6 -18 -02 2. Use Permit No. 2002 -029 & Development Plan No. 2002 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. 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. lb Planning Commission Resolution No. Paae 5 of 6 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility including recorded background music. Background music, if provided, shall be limited to the interior of the facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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. The parking lot must be secured to prohibit vehicle entry between 11:30PM and 5:OOAM for security purposes. 11. The landscape plan shall 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. 12. The project shall provide a roof or roof screen structure atop the proposed building to provide screening of roof -top mechanical or ventilation equipment. 13. The elevations shall be modified as follows: The upper band of corrugated metal shall be painted to match the clapboard siding (Sherwin Williams - #SW1032 "City Loft'). The wood trim shall be painted a darker contrasting color that is compatible with the color of the siding and other colors selected for the project. The contrasting trim shall not be red and the final colors shall be subject to the review and approval of the Planning Director. 14.The project shall incorporate a nautical flag pole design similar to that used by Newport Beach City Hall. 15. Signs shall be in compliance with the Zoning Code, including but not limited to those applicable standards of the Mariner's Mile Overlay zone. 16. 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. Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 6OdBA 10. Hours of operation shall be from 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. The parking lot must be secured to prohibit vehicle entry between 11:30PM and 5:OOAM for security purposes. 11. The landscape plan shall 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. 12. The project shall provide a roof or roof screen structure atop the proposed building to provide screening of roof -top mechanical or ventilation equipment. 13. The elevations shall be modified as follows: The upper band of corrugated metal shall be painted to match the clapboard siding (Sherwin Williams - #SW1032 "City Loft'). The wood trim shall be painted a darker contrasting color that is compatible with the color of the siding and other colors selected for the project. The contrasting trim shall not be red and the final colors shall be subject to the review and approval of the Planning Director. 14.The project shall incorporate a nautical flag pole design similar to that used by Newport Beach City Hall. 15. Signs shall be in compliance with the Zoning Code, including but not limited to those applicable standards of the Mariner's Mile Overlay zone. 16. 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. Planning Commission Resolution No. Paqe 6 of 6 17.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. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 18.The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. All work within the public right of way must be completed under an encroachment permit issued by the Public Works Department. 19.Street, drainage and utility improvements shall be shown of standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer. 20.Westedy access shall be redesigned as a one -way exit only driveway. Signs depicting such shall be provided and maintained. The re- designed driveway access shall be subject to the review and approval of the Public Works Department. 21.The intersection of the private streets and drives shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. 22. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 23.The applicant shall provide a new sewer lateral 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 maintained throughout the operation of the use. 24.A drainage plan shall be prepared and modified as necessary to comply with Council Policy L -22 regarding water quality management plans. The drainage plan shall provide for and incorporate the existing drainage from residential properties above. 25.AII 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. Ir Attachment 2 Project plans 0 Page Left Intentionally Blank IfD x z 0 a w O w a w a °z z 0 w w w O w w A O ge y R, R' aQN w O W =�z O 3 v � o o� C4 n "llill i !{ ! eq� 6F 'il ff {i 4 0 • F k f ! ! 94 =� _a jif gi�� S S $$$$ � $E � $! (! f�$E! ; ;} ! �9 ;; vial � �yg � ii16! ! �� ! {! $$ �� srii EE� $i !4E g!. {° pa^ g8S9 [E l s.e9 mil? 5' i I I z rw nr q-wl am In - r. 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Civ 'lYNOd PW t Q a imp f EFL Q nnnnnr Yn��]vil it. /V Yd 1NM�1i11 NOI1 ° e: 3 €� ggo tg il a �4 T Ab MIK)III lSbd) S, 0® s z Y h b 4 3d-OOCl1 /QLGM Y C 9NIO11190WdWbE Q � OM 9 14 z 0 r a �1-,? �La 31 Page Left Intentionally Blank MA Attachment 3 Portion of the Mariner's Mile Strategic Vision and Design Framework 63 Page Left Intentionally Blank 3� MARINER'S MILE 2.70 LAND USE CONSIDERATIONS DESIGN FRAMEWORK Mariner's Mile is closely surrounded by and easily visible from several existing neighborhoods: a) Bayshores b) Newport Heights C) King's Road d) Cliff Drive e) Santa Ana Avenue /Avon Street f) Lido Isle 2.71 Sensitivity to Existing Neighborhoods Sensitivity to the adjacencies of the existing neighborhoods with proposed new uses and development projects is encouraged and should be reviewed on a case - by -case basis. Mitigation of potential impacts to existing residents should be considered and balanced against the business interests of Mariner's Mile. Mitigation of impacts may be accomplished through landscaping, equipment screening, limitations on signage, lighting and glare spill-off, building colors, or other appropriate measures. 2.72 Balance Neighborhood, Marine and Tourism Traditional marine uses, commercial businesses and restaurants lend character and are enjoyed by nearby residents and visitors alike, especially in the Village area, but these activities can sometimes impact residential uses. . New uses along Mariner's Mile should seek to strike a balance between commer- cial businesses, traditional marine uses, restaurants, the pleasure of Newport Beach visitors and the privacy of Newport Beach residents, by encouraging Compatible Land Uses: a) Encourage neighborhood retail in Mariner's Village b) Encourage high - quality professional offices C) Allow a range of residential uses where feasible d) Allow limited auto - serving retail at Inland East and Inland Vest e) Encourage Visitor - serving facilities along the waterfront f) Encourage marine sales and service businesses g) Seek relocation of USPS distribution facility out of Mariner's Village 10/4/00 PACE 37 DESIGN FRAMEWORK 2.73 Encourage Diverse Economic Development MARINER'S MILE Mariner's Mile already contributes significantly to the business climate and economic health of Newport Beach. By capitalizing on its unique assets, location and character, and by promoting a strong and diverse economic development activities, Mariner's Mile has the potential to make an even greater contribution to Newport Beach's business venue and fiscal viability. Objective: City policies which provide revenue benefits to the City or promote richer diversity of businesses and uses along Mariner's Mile should be encouraged, including: a) Emphasize tourism as an element of new uses along Mariner's Mile. b) Promote the enhancement of Mariner's Mile as a potential tourism site. C) Create more user - friendly vehicular access and entrances to businesses. Policies which hamper broadening the range of business development activities or are "non- business - friendly" should be reviewed for potential discontinuation including: d) Discontinue Specific Plan stipulation of 40% Marine Use formulti-tenant properties. 3C� PAGE 38 1014/00 MARINERS MILE DESIGN FRAMEWORK 3.00 LANDSCAPE This section of the Design Framework concerns itself with landscape issues and opportunities on Mariner's Mile, both general and in specific. Of all the aspects of environmental design on the Mile, improvements to its landscapes, whether public or private, large or small, have the greatest potential to promote positive change and visual coherence and quality. Fragments of the proposed framework already exist in the form of palm tree rows and clusters, bits of hedge, isolated masses of bougainvillea and disparate pieces of unrelated streetscape. Many of the following opportunities and recommendations derive directly from a desire to build upon this existing framework. 3.10 LANDSCAPE OBJECTIVES The landscape is an crucial contributor to the perception of quality of Mariner's Mile. d j / T ummg MW MW 6cin�t #_F L-� a 11 A ' -_�I� (�/�i� jFF; • t f ~! 4 F li hk L'do CtvnrcA Sw C '� C„ � eRNBay�Clu FIG. 3.1 LANDSCAPE FRAMEWORK .3 �' 10/4/00 PACE 39 DESIGN FRAMEWORK MARINER'S MILE The central idea of the Landscape Framework is to create continuity through common landscaping improvements throughout Mariner's Mile. These individual improvements contribute to improving the larger whole, and over time have great potential to transform the visual character of the district. Therefore, trees and shrubs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consistency and to hide the bumpers and tires of parked vehicles. Existing unused paved areas should be converted to planting areas. The creation of strong, coherent streetscapes, scaled appropriately to vehicular and pedestrian activities, land uses and planting conditions should be promoted over time to improve property values and boost the overall sense of place within Mariner's Mile. The following recommendations provide a blueprint for achieving the landscape design objectives outlined in Fig. 3.1. 30C, PAGE 40 10 /4 /00 MARINER'S MILE DESIGN FRAMEWORK 3.20 PACIFIC COAST HIGHWAY EDGE LANDSCAPE A minimum 4 -foot wide planting area (from back of sidewalk to parking lot or building) with a palm and hedge is required at each site fronting Pacific Coast Highway in Mariner's Mile for palm and hedge plantings. However, a 6 -foot wide planting area is recommended. This continuous planter area shall be required across the entire frontage of the property and shall contain a continuous hedge and palms except where existing buildings or driveways occur and are to remain at back of walk. PALM: WASHINGTONIA ROBUSTA HEDGE: ,/-LIGUSTRUM HEDGE RIGHT -OF -WAY 4' CLEAR MIN. �` VARIES 6' CLEAR RECOMMENDED PRIVATE PROPERTY PUBLIC RIGHT -OF -WAY FIG. 3.2 PACIFIC COAST HIGHWAY EDGE LANDSCAPE In addition, a parkway planter located between the walk and curb is proposed for locations where possible. In conditions when a palm row is planted at back of walk, the parkway planter on the highway side of the walk can be a minimum of 2' to 3' clear (excluding curb) with hedge only. When no palm row exists at back of walk, the parkway landscape between walk and curb is to include a palm and hedge in a planter that is a minimum of 4' clear (excluding curb) but 6' clear is recommended. 21 10 /4 /00 PAGE 41 DESIGN FRAMEWORK MARINER'S MILE 3.21 Tree: Washingtonia robusta (Mexican Fan Palm) with 8' trunk height and a subdrainage system at a minimum of 18 feet on center. The minimum number of palm trees shall be calculated by dividing the total linear feet of street frontage including driveways by 18. The number of palms resulting from this calculation is the minimum standard. Palm spacing can be modified slightly or palms can be clustered in groups of three (3) minimum as long as the number of palms installed is equal to the minimum standard. Retain existing Eucalyptus trees when possible. If Eucalyptus trees are added or replaced Eucalyptus citriodora are recommended. 3.22 Hedge: Ligustrum j. `Texanum' (Texas Privet) at 30 inches on center located at back of walk and/or between walk and curb, trim to 30" high. 3.23 Groundplane: Festuca e. `Marathon II' (Tall Fescue) sod. yo PAGE 42 10 /4/00 MARINERS MILE 3.30 RrvERSmE/T usTIN AvENUE LANDSCAPE DESIGN FRAMEWORK 3.31- Tree: Washingtonia robusta (Mexican Fan Palm) with an 8' trunk and a subdrainage system at 18 feet on center. Alternate: An evergreen tree such as Cupaniopsis anacardioides (Carrotwood) to shade sidewalks and to reduce glare in the "Mariner's Village" area. 3.32 Hedge: Ligustrum j. `Texanum' (Texas Privet) at 30 inches on center located at back ofwalk and/or between walk and curb, trim to 30" high. 3.33 Groundplane: Festuca e. `Marathon II' (Tall Fescue) sod. 3.40 TRAFFIC ISLAND LANDSCAPE The existing and any new traffic islands or medians along Pacific Coast Highway should be land- scaped to reinforce the concepts at the bridges. 3.41 Groundcover /Shrub: Carissam. `Green Carpet' at 24 inches on center for islands medians up to 6 feet wide; or Bougainvillea `Crimson Jewel', `La Jolla' or `Temple Fire' at 42 inches on center for islands/medians that are 6' wide or wider. 3.50 PROPERTY WALL LANDSCAPE 3.51 Vine: Bougainvillea `Barbara Karst' and Bougainvillea `San Diego Red' at 5 feet on center in front of the wall if space available, or behind the wall. In tighter conditions use Ficus pumila (Creeping Fig) at 5 feet on center. The following are the Bougainvillea varieties recommended for Mariner's Mile: Botanical Name Common Name Height Spacing Bougainvillea 'Barbara Karst' Bougainvillea 8' to 12' 6' on center Bougainvillea `San Diego Red' Bougainvillea 8' to 12' 6' on center 3.60 PARKING LOT LANDSCAPES 3.61 Tree: a) Inland of PCH: An evergreen tree such as Cupaniopsis anacardioides (Carrotwood) to shade the parking lot and to reduce glare in the parking lot from homes on the bluff. One tree to be planted for every 4 cars. b) Waterfront side of PCH: Palm trees such as Washingtonia robusta (Mexican Fan Palm) with an 8' trunk and a subdrainage system to break up expanse of parking lots. One tree to be planted for every 4 cars. H/ 10/4/00 PACE 43 DESIGN FRAMEWORK MARINERS MILE 3.62 Perimeter Shrub: Ligustrum j. `Texanum' (Texas Privet) at 30 inches on center located at back of walk to create hedge to hide the bumpers and tires of parked vehicles. 3.63 Shrub internal to parking lot such as Raphiolepis i. `Clara' (India Hawthorn) at 30 inches on center. 3.70 Bluff Landscape Strengthen the boundaries of Mariner's Mile and improve the consistency and appearance of the bluff above Pacific Coast Highway by: 3.71 Planting Red Bougainvillea at the top and toe of the bluff 3.72 Recommending a common hydroseed mix design for slopes to residents 3.73 Removing existing iceplant from the slope to avoid failure of the bluff surface due to the heavy weight of this plant material 3.74 Removing existing invasive plant material such as Pampus Grass from the bluff 3.75 Retaining existing Phoenix canariensis (Canary Island Date Palm) on the bluff 3.76 Planting 15 Gallon Phoenix canariensis on the bluff if additional palms are desired. Other palm species should be reserved for the street tree planting. �{Z PACE 44 10/4/00 MARINER'S MILE DESIGN FRAMEWORK 3.77 Retaining existing healthy trees and pruning them to shape, such as "lacing out" the existing Ficus trees, rather than "topping" trees which can accelerate new growth resulting in more frequent tree trimming and possible loss of the tree from excessive weight on upper branches. 3.78 Specific recommendations for the bluff landscape zones are as follows: a) Top of Bluff: Plant a minimum of two rows of Bougainvillea `San Diego Red' at 5 feet on center with triangular spacing approximately 10 feet below the crest of the bluff. b) Bottom of Bluff. Plant a minimum of two rows of Bougainvillea `San Diego Red' at 5 feet on center with triangular spacing approximately 10 feet above the toe of the bluff or a retaining wall. c) Central Bluff Zone: Plant the central bluff zone with shrubs, groundcover, and scattered, informally- placed trees. Trees are to be placed with sensitivity to views from bluff -top residences. The following is a recommended plant list for the central zone of the bluff: Botanical Name Common Name Height Spacing Ceanothus g. h. `Yankee Point' Yankee Point Ceanothus 2' -3' ht. On Coprosma kirkii NCN F -3' ht. Center i. Trees & Palms: Myoporum 2' ht. 4' Eucalyptus lehmannii Spotted Gum 15 Gallon Sparse Ficus m. nitida Indian Laurel Fig 15 Gallon Sparse Phoenix canariensis Canary Island Palm 15 Gallon Accent/ Sparse ii. Medium to Tall Shrubs: Arbutus uendo 'Compacta' Dwarf Strawberry Tree 5' ht. 30" Myoporum carsonii Carson's Myoporum 6' -8' ht. 4' Myoporum lateum Myoporum 20' -30' ht. 10' -12' Rhamnus californica Coffeeberry 6' -12' 8' Rhamnus californica 'Eve Case' Eve Case Coffeeber y 4' -6' ht. 30" iii. Groundnlane: Baccharis p. `Twin Peaks' Dwarf Chaparral Broom 1' -3' ht. 8' to 10' Ceanothus g. h. `Yankee Point' Yankee Point Ceanothus 2' -3' ht. 8' to 10' Coprosma kirkii NCN F -3' ht. 42" Myoporum m. 'Pacificum' Myoporum 2' ht. 4' Lonicera j. 'Halliana' Hall's Honeysuckle 2' ht. 2' iv. Nurse Crop during Establishment: Achillea millefolium Common Yarrow Hydroseed y3 10 /4/00 PAGE 45 DESIGN FRAMEWORK 3.80 Dover Drive/Back Bay Bridge Intersection Treatment MARINER'S MILE The Back Bay Bridge is-the southern boundary of Mariner's Mile. The following landscape modifi- cations are recommended to strengthen the boundaries of Mariner's Mile by relating this entry to the northern entry at the Arches Bridge: 3.81 Add clusters of (6) min. Washingtonia robusta (Mexican Fan Palm). 3.82 Add masses of `San Diego Red' & `Barbara Karst' Bougainvillea. 3.83 Add a newly- designed lighted monument signage for Mariner's Mile. 3.84 Add nautical flags and decorative pedestrian light fixtures on bridge rails. i PAGE 46 10 /4/00 MARINER'S MILE 4.00 SIGNAGE DESIGN FRAMEWORK 4.10 Signage Objectives Commercial properties on Mariner's Mile display a veritable profusion of signs many of which violate the existing signage ordinance or are of questionable taste. Signs are an important element contributing to the perception of quality of Mariner's Mile. Exterior signs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consis- tency. Objective: Adopt new sign regulations to encourage legibility, visual coherence and coordination. The first step in improving signs on Mariner's Mile is to enforce the standards of the existing signage ordinance of the City of Newport Beach. Existing nonconforming signs should be removed. Beyond enforcement, the next step is to develop acceptable signage criteria which fits the needs of businesses within the district. To that end, the following specific signage recommendations and criteria were developed in cooperation with the Mariner's Mile Business Owner's Association. qS 10 /4 /00 1 PAGE 47 DESIGN FRAMEWORK MARINER'S MILE 4.20 GENERAL SIGN CRITERIA All signs in Mariner's Mile should conform to the following general criteria: 4.21 To the greatest extent possible, signs for each site should be limited to those identifying businesses, giving directions for on -site circulation and providing leasing information. 4.22 Advertising is discouraged on any sign (i.e.: product/service information, prices and sale information, phone numbers, website addresses). 4.23 Sign copy should be located no closer than one -half letter height to any sign edge or other line of copy to provide sufficient blank space around the letters for the sign to be legible. 4.24 Temporary Banners are allowed, subject to City permit requirements. 4.25 Lighted signs are allowed, subject to City ordinance requirements. 4.26 "Heritage Sign" designation may be granted, subject to City ordinance require- ments, for signs which have historical or local identity significance to the City of Newport Beach. 4.30 SIGNS NOT PERMITTED The following types of signs should not be permitted. Existing signs of this type should be removed: 4.31 4.32 4.33 4.34 4.35 4.36 4.40 POLE SIGNS Roof - mounted Signs (higher than the building roofline). Permanent Banner Signs. Painted Signs, including Window Signs or "Soap" signs. Multi -Tenant Pole Signs. Changeable Copy Signs. Illegal Signs (signs not permitted by existing Signage Ordinance). New pole signs are permitted subject to conformance with the design standards outlined below. 4.41 Modifications. Existing pole signs do not require modification in conformance UAA PACE 48 10/4/00 MARINER'S MILE DESIGN FRAMEWORK with these standards unless leasable area of the property is increased by 25% or 2,500 square feet, whichever is less, or if a pole sign is remoldeled or relocated. 4.42 Pole signs shall consist of distinct base, column and sign panel elements (see example sketch Fig. 4.4). Design and proportional relationships between sign elements are important, although variations are possible. Articulation and detail of the pole is encouraged as suggested by Fig. 4.4. 4.50 MULTI - TENANT SIGNS Multi -Tenant Signs shall be mounted on monument signs or flush - mounted on building walls (see example sketch Fig. 4.5). Pole- mounted multi -tenant signs or "ladder" signs are not permitted. 4.60 SINGLE - TENANT MONUMENT SIGNS Ground - Mounted Single -Tenant Monument Signs for the purpose of business identification shall be allowed (see examples Fig. 4.6 and sketch 4.61). 4,70 LEASING AND MARKETING SIGNS Leasing signs are non - illuminated, ground level signs or wall signs that identify or provide basic information about for sale /for lease opportunities and construction activities. They may not be used for any other purpose. (see example Fig. 4.7). Maximum Number: One (1) leasing sign is permitted per site. Maximum Size: Twenty (20) square feet. Recommended Design: Aground -level sign with the sign copy on a panel mounted to a dark- colored background as shown in Fig. 4.7. y� 10/4/00 PACE 49 DESIGN FRAMEWORK 6'pPlmlr41���1lyTl 14,v 616160T- MARINER'S MILE rp l �� �.._.. L-o4a ofw r 4EL•rty W 1"C "^ 4i II ve rrrr 1.-awao ei 1'pW Pi1�vN /E1•• . ?1►1�. 3� 4K s4ftE� s _Q5 N�>r � snarl /esea s .. P•1.� l�+sC FIG. 4.4 POLE SIGN DESIGN PROTOTYPE PAGE 50 Ite . 10/4/00 MARINER'S MILE &I 4wr- H -� i4e«Wr DESIGN FRAMEWORK 14 P"rwtiL T It ts9�cNTli`f' . Yfx4i.� -rw. fprt,�HT, •w ° A ' �eo�to{aTIONI�d► �►iw� ,;ilQti Ait6/► •G.st �� �.�s x i •s FIG. 4.5 MULTI- TENANT SIGN DESIGN PROTOTYPE 7 q 10/4/00 PAGE 51 DESIGN FRAMEWORK MARINER'S MILE FIG. 4.6 SINGLE - TENANT MONUMENT SIGN DESIGN PROTOTYPE 50 PAGE 52 1 1 10/4/00 MARINER'S MILE 00%s MAX DESIGN FRAMEWORK SALU _ 10-i''roWT)N4 LeAsm iwolmrob f � 1Nfoe.t•1MtOK f 010FWL iaRAI- h'lys . f i44 AWAIF �> w �( i •-g W. `i4 f- sfi oe . u x►•S �r FIG. 4.61 SRVGLE- TENANT MONUMENT SIGN DESIGN PROTOTYPE 10/4/00 PAGE 53 DESIGN FRAMEWORK MARINERS MILE FIG. 4.7 LEASING SIGN DESIGN PROTOTYPE 6Z PACE 54 104100 MARINER'S MILE 4.80 THEniE SIGNS The following types of thematic signs are permitted on Mariner's Mile: DESIGN FRAMEWORK a) Mariner's Mile Entry Monuments (Arches Bridge; Back Bay/Dover Drive) b) Newport Harbor Visitor's Bureau Sign C) Directional Signs Recommended Design: A coordinated systems of nautical- inspired signs as seen at Marina del Rey and Santa Monica. 53 1014/00 PAGE 55 DESIGN FRAMEWORK MARINER'S MILE 5.00 ARCHITECTURE Buildings are significant-functional, visual and symbolic elements of the built environment. They serve to house human activities and present themselves as expressions of the ambitions, aspirations and public identity of their owners and users. Mariner's Mile, due in part to its history of uses and generally overriding commercial nature, encompasses a vast range of building types, whose functional requirements, sizes, scale and symbolic needs vary greatly. These building types range from large automobile dealerships and marine supply outlets to high -rise residences, mixed -use and strip retail centers, small shops, restaurants, drive - throughs and individual offices. Architecturally, this variety makes for a highly eclectic mix of buildings on Mariner's Mile. In turn, this variety and mix; overlaid by the predominant auto - reliant bias of the district, favors buildings of individual expression and strongly resists efforts towards any unified architectural theme. Thus the imposition of a rigid architectural theme is considered inappropriate for the study area. The nature and character of Mariner's Mile call rather for establishing key design principles and promoting thoughtful and tasteful design while allowing creative flexibility. 5.10 ARCHITECTURE OBJECTWES The key objectives of an architectural approach to Mariner's Mile are as follows. 5.11 Responsible and Sensitive Design a) Design should respect and "fit in" to its surroundings. b) Roofs and roof elements should respond to views from above. C) Design freestanding buildings as "five- sided" (walls+ roof). 5.12 Site Planning Considerations a) Site planning should accommodate the larger design concepts of the Mariner's Mile Design Framework (Urban Design, Landscape). b) Buildings should orient to the street in the Village areas and when surrounded by parking. C) Promote pedestrian connections and pedestrian amenities. 5.13 Landscape Considerations a) Use landscaping to complement and highlight buildings and site. b) Develop a landscape concept as a fundamental component of the site design. C) Coordinate utility locations to support the landscape framework and to screen utilities from Pacific Coast Highway or entries. 54 PAGE 56 10/4/00 MARINER'S MILE DESIGN FRAMEWORK 5.14 Palette of Colors, Materials and Details a) Consider "neutral" building color schemes with nautical trim. b) Paint fences, metal bollards, and light poles a dark background color. C) Use common fence/wall designs developed for Mariner's Mile. 5.15 Purposeful and Respectful Lighting a) Contain all site lighting on site (zero glare spill -off) b) Develop lighting plan with photometric study C) Use downlighting wherever possible d) Accent lighting at key architectural/landscape elements e) Avoid harsh, intense lighting and hard shadows f) Coordinate colors of light sources 5.16 Organize and Coordinate Signage a) Develop a comprehensive sign program b) Design buildings to strategically accommodate signs C) Coordinate building and signage design (forms, colors, motifs) 5.20 COLOR AND MATERIALS PALETTE Harmonious building and sign colors can contribute greatly to the overall visual continuity and coherence of Mariner's Mile. 5.21 Basic Color System The marine context of Mariner's Mile is one of predominantly white sails and hulls complemented by striking, deep -hued accent colors. A range of "Neutral" shades and hues are therefore proposed to predominate the color palette for Mariner's Mile. 10/4 /00 PAGE 57 DESIGN FRAMEWORK MARINERS MILE For multiple -color schemes, a balanced and proportional color system is recommended: a) Base Building: Predominately Neutral hues and shades (90% of building, minimum). b) Contrasting Trim Elements: Dark or Light shades (upto 10%ofbuilding, maximum). c) Accent Elements: Bright Colors (up to 5% of building). 5.22 Trim Elements Elements which might receive trim or accent colors include: a) Doors, window sashes or mullions b) Awnings or Sunshades C) Exterior Stairs and Railing Systems d) Roof Screens e) Architectural Features 0 PAGE 58 10 /4/00 MARINER'S MILE DESIGN FRAMEWORK 5.23 Nautical Materials and Elements While avoiding an overt theme, the appropriate use of nautical building materials, elements and details is consistent with the history and character of Mariner's Mile could enhance the overall character of Mariner's Mile. 5} 10/4/00 PAGE 59 DESIGN FRAMEWORK a) Nautical Materials MARINER'S MILE Representative nautical materials to be considered during the architectural design process include: i) Shiplap/clapboard/shingled siding for building walls ii) Varnished teak for balustrades and handrails iii) Navy blue or other dark canvas for awnings and sunshades iv) White nylon or Dacron for shade spaces V) Brass or bronze for hardware and ornament vi) Stainless steel/polished chrome for rails, cable and fittings, hardware and ornament vii) Wood or aluminum poles w /stays /spreaders (masts/spars) for signage or theme elements. b) Other Nautical Elements and Details Similarly, the appropriate decorative use of othernautical elements, forms,andreferences is consistent with its waterfront context and could potentially contribute to the visual character and feeling of Mariner's Mile. Decorative elements to be considered during the design process might include: i) Windvanes ii) Ship's flags or international signal flags iii) Charts, sextant, dividers and other navigational tools iv) Portholes, ships wheels, compass rose or cards V) Ships and sailor icons vi) Cleats, bollards, and other dock motifs ,4e PAGE 60 10/4/00 MARINERS MILE 5.30 LIGumG DESIGN FRAMEWORK As with signs, landscape, and architecture, improving the quality of exterior lighting can contribute to the perception of quality of Mariner's Mile. All exterior on -site lighting to be shielded and con- fined within site boundaries. No direct rays or glare should be permitted to shine onto public streets or adjacent sites. Specific lighting standards and recommendations for Mariner's Mile are outlined below: 5.31 Parking Light Fixtures. All parking lot lighting should have zero cut -off fixtures. Light standards shall not exceed 20 feet high, measured from natural grade. 5.32 Tilted light fixtures. Tilted fixture heads and lights mounted to the roof parapet are discouraged due to their negative impact on residents and drivers caused by the glare. Wall - mounted light fixtures used to illuminate parking lots should not permitted. 5.33 Wall- mounted utility lights. "Walpak" type fixtures that cause off -site glare should not be permitted. Zero - cutoff "Shcebox" lights are preferred. 59 10 /4 /00 PACE 61 DESIGN FRAMEWORK MARINER'S MILE 5.40 EQUIPMENT Exposed mechanical equipment and utilities contribute to the visual clutter of Mariner's Mile and should be sensitively located and screened from view to promote a high - quality image for the district. 5.41 Exterior equipment. All exterior equipment including, but not limited to: mechanical equipment, electrical equipment, communications equipment, storage tanks, risers, electrical conduit, gas lines, cellular microcell facilities, and satellite dishes -- should be located in underground vaults or otherwise screened from both on -site and off - site view. 5.42 Roof- mounted equipment. All roof- mounted equipment including, but not limited to, skylights, vents, air handlers, exhaust fans, smoke hatches, and ducts -- should be below the top of the parapet or behind an equipment screen so as to be hidden from off -site view. Rooftop equipment screens must be fully integrated into the architectural design. 5.43 Ground - mounted equipment The top of all ground- mounted equipment including, but not limited to, backflow preventers, vents, air handlers, generators, boilers, trash bins, transformers- - should be behind and fully below the top of a screen wall or a solid hedge. Screen b� walls of same or similar material as adjacent building walls. Chain link fencing is not allowed. PAGE 62 10/4/00 MARINERS MILE 5.50 WALLS AND FENCES DESIGN FRAMEWORK Upgrading the quality and developing a family of walls and fences is recommended for Mariner's Mile to provide a consistent and high- quality image. 5.51 Fences a) Fences Not Permitted: i) Chain -link fencing is not permitted along the Pacific Coast Highway frontage of any property on Mariner's Mile. ii) Razor -Wire fencing. b) Fences Allowed But Discouraged: i) Residential -types of wooden fencing. C) Fences Allowed: i) Property frontage. • Wrought iron or PVC fencing. • Recommended colors: Dark Navy Blue, Black, Dark Green. ii) Side and rear yards and lot -line conditions: • Wrought Iron or PVC (as above) • Vinyl- coated chain link (with or without attached fabric screening) • Recommended colors: Dark Navy Blue, Black, Dark Green. d) Recommended Design: 6I 1014/00 PAGE 63 DESIGN FRAMEWORK 5.52 Walls a)- b) C) MARINER'.S MILE Walls Not Permitted: i) Solid walls over 36" in height are not permitted along the Pacific Coast Highway frontage of any property on Mariner's Mile. ii) Walls topped with Razor -Wire fencing sheet metal or broken glass. iii) Sheet metal enclosures (except at trash areas at rear of properties). Walls Allowed: i) Pacific Coast Highway frontage: Low walls (36" maximum height). May be topped with wrought iron or PVC fencing to a maximum height of 72" (6'). ii) Side and rear yards and lot -line conditions: • Low walls (36" maximumheight). Maybe toppedwith wrought iron or PVC fencing. (as above) • Low walls (36" maximum height) topped with vinyl- coated chain link (with or without fabric screen) • Full height walls (maximum height 96" (8') may begin 15' back from front property line at Pacific Coast Highway. . iii) Retaining walls. • Split -face block. • Poured -in -place concrete with sandblasted, bush - hammered or textured form -liner finish. • Crib -wall systems with integral landscaping. Recommended.Wall Designs: i) Intergral color split -faced concrete block with precast cap or stucco on block with precast cap. ba. PAGE 64 10/4/011 Attachment 4 Original project elevation with roof screen b3 Page Left Intentionally Blank �4 NOIIYWOJNC,P 5 aldNOaow i Y_ s =nnnnnnai� N 4 2W O WII 4 T Fes/ ;��attnaw,., ,�_.,�;;,.� 6(0 Attachment 5 Project with roof screen designed by the City's design consultant 6-7- Page Left Intentionally Blank M IL -44 \� . .�j~ fi 11 i t Attachment 6 Parking demand study prepared by LSA for the applicant -4I Page Left Intentionally Blank --�� LSA September 25, 2002 LSA ASSOCIATES, INC. OTHER OFFICER: ET. COLLINS 20 EXECUTIVE PARK, SUITE 200 949.553.0666 TEL BRIIKELXY RIVERSIDE IRVINE, CALIFORNIA 92614-4731 949.553.8076 PAX PT. RICHMOND ROCKLIN Mr. Don Ikeler McDonald's Corporation 11682 El Camino Real, Suite 400 San Diego, CA 92130 Subject: Parking Demand Analysis for 700 W. Pacific Coast Highway Dear Mr. Ikeler: LSA Associates, Inc. (LSA) is pleased to submit this analysis for the proposed McDonald's restaurant in the City of Newport Beach. This analysis has been prepared consistent with Section 20.66. 100 of the City's code in order to demonstrate that the parking demand of the proposed McDonald's restaurant will be less than the requirement in Section 20.66.030 of the City's code. The project proposes the demolition of the existing 2,900 square foot McDonald's restaurant located at 700 West Coast Highway and the replacement with a 3,113 square foot McDonald's restaurant. Access to the proposed project is provided through two driveways along West Coast Highway. The project site plan is shown in Figure 1 (attached). Because the proposed project will replace an existing land use with the same land use, it is reasonable to expect that the proposed project will require the same number of parking spaces per square foot, or per seat, as the existing use. To determine the parking demand for the existing McDonald's restaurant, a parking accumulation survey was conducted by Southland Car Counters on Saturday, September 14, 2002, and Tuesday, September 17, 2002, between 5:00 a.m. and 11:00 p.m. The 18 hour survey period was selected to ensure that the highest parking demand was included in the study. Table A (attached) provides the parking counts for the McDonald's parking lot for each half hour between 5:00 a.m. to 11:00 p.m. on both days. The highest observed parking demand was 24 vehicles at 12:00 p.m. on Tuesday and 25 vehicles at 2:00, p.m, on Saturday. The existing site . provides a total of 41 parking stalls, which indicates that the existing parking demand is less than the overall parking supply. Based on these results, LSA calculated the parking rate for the existing restaurant based on both square feet and seats, The existing McDonald's restaurant is 2,900 square feet with 64 seats. Based on the peak hour volume of vehicles parked and the square footage of the existing establishment, it was observed that the existing parking demand is 0.43 space per 50 square feet. The City of Newport Beach's city code states that off -street parking for take -out service restaurants shall provide one stall per 50 square feet, plus one for each employee on duty. The parking survey included both customer- and employee parking in the observed parking rate. It should be noted that the existing restaurant is patronized heavily by drive through customers and that the observed parking rate represents typical weekday and weekend activity. To provide an alternative measure of the site's existing parking :13 925 1020PA[ion2301Parking Analysis.wpd)) PLANNING I ENVIRONMENTAL SCIENCES I VISION .LSA ASSOCIATaS. INC. generation, the observed peak demand of 25 vehicles was applied to the 64 existing seats to arrive at a parking rate of 0.39 space per seat. To determine the peak parking demand of the proposed project, LSA applied the observed parking rates to the proposed 3,113 square foot, 56 seat restaurant. Application of the observed rate of 0.43 space per 50 square feet results in a forecasted demand of 27 spaces. Application of the observed rate of 0.39 space per seat results in a forecasted demand of 22 spaces. Therefore, the peak parking demand of the proposed project is forecast to be 27 spaces. The site plan indicates that the site will provide 31 parking stalls, which is more than the forecasted parking demand. Therefore, the parking supply is adequate for the proposed project. On -Site Circulation With the proposed project, the restaurant will be located on the west side of the site, and an exclusive drive through lane will be provided along the north perimeter of the project. This configuration will improve the on -site circulation given the extensive drive through patronage. In the existing condition, there are two access driveways that serve the parking area and drive through lane. The west driveway is mainly used to access the drive through lane. Patrons traveling west on Coast Highway and entering the site via the west driveway must make a "U -turn" onto the drive through lane. This is an awkward move, which could cause stacking onto the street. The east access driveway is mostly used by patrons that park their vehicle in the provided parking stalls. The preliminary site plan indicates that a new drive through lane will be constructed along the north side of the project site. The proposed design indicates that a side -by -side drive through will be constructed to provide efficient service during peak hours and to reduce the amount of queuing on site. The drive through lane is designed as a counter - clockwise "loop." The entrance to the drive through will be provided along the southeast side of the site via the east driveway, will continue north along the perimeter of the site, and then will split into two drive though lanes at the northwest comer. Two menu boards will be present at the side -by -side portion of the drive through so that two patrons can place their order simultaneously. After the order is taken, the drive though loop merges back into one lane, continuing south and then east to the pickup window. Drive through patrons then exit out the west driveway. The proposed parking stalls are located in the inner section of the drive through loop, effectively reducing conflict between vehicles entering and exiting the drive through and those backing out of parking spaces. Parking will be accessed through both driveways. In comparison to the existing McDonald's restaurant, the proposed project is an improvement to the on -site circulation. The separation of the drive through lane and the parking stalls will reduce vehicle and pedestrian conflicts. The alignment of the drive through lane and the use of the side -by -side drive though will provide more on -site stacking for vehicles using the drive through, thus minimizing the possibility that drive through patrons will stack onto the public street or in parking aisles. Furthermore, the design of the drive through lane effectively separates parking vehicles from drive through patrons, increasing the efficiency of on -site circulation. 14 9125f02<(P:\Don230 \Parking Analysis.wp&) 6SA ASSOCIATES. INC. Conclusion Based on the parking surveys conducted on Saturday, September 14, 2002, and Tuesday, September 17, 2002, the forecasted peak parking demand of the proposed McDonald's restaurant is 27 vehicles. It has been demonstrated on both weekdays and weekends that the parking demand at the existing McDonald's is 0.43 space per 50 square feet, which includes both customer and employee parking. As a result, the 31 spaces proposed by the project will be adequate to meet the forecasted parking demand. The proposed new drive through lane will provide greater on -site stacking for vehicles using the drive through. In comparison to the existing McDonald's restaurant, the new drive through lane will minimize the possibility that drive through patrons will stack in parking aisles or onto the public street. Additionally, the design of the drive through lane provides separation of the drive through traffic from parking areas, which will increase the efficiency and safety of the on -site circulation. I trust you will find this information useful for your planning purposes. If you have any questions, please call our office at (949) 553 -0666. Sincerely, LSA ASSOCIATES, INC. Meghan Macias Project Manager Attachments IS 91251020PADon MPuking Analysis.wpd)) W 0.i V H W O R O QI u �C Y O¢ Sep 'S 1 1 1 1 V Z F FAQ u V a C s �b e �� w °� �� 6SA ASSOCIATES. INC. Table A: Parking Accumulation Survey Time _ Tuesday September 17, 2002 Saturday September 14, 2002 5:00 a.m. 1 0 5:30 a.m. 3 0 6:00 am. 2 1 6:30 am. 2 2 7:00 a.m. 7 3 7:30 am. 10 5 8:00 a.m. 8 10 8:30 a.m. 9 8 9:00 am. 6 16 9:30 am. 7 11 10:00 a.m. 12 20 10:30 a.m. 12 14 11:00 am. 15 13 11:30 am. 15 11 12:00 p.m. �+ 'W� 6 12:30 .m. 22 15 1:00 P.M. 19 20 1:30 p.m. 15 21 2:00 p.m. 11 2:30 p.m. 6 19 3:00 p.m. 10 15 3:30 p.m. 9 17 4:00 p.m. 6 12 5:00 P.M. 9 7 5:30 p.m. 6 6 6:00 p.m. 6 8 6:30 p.m. 5 9 7M p.m. 3 7 7:30 p.m. 4 4 8:00 p.m: 6 5 8:30 p.m. 5 7 9:00 P.M. 5 8 9:30 p.m. 5 7 10:00 P.M. 6 8 Shading indicates peak hour of parked vehicles. 9/25 /02((P:\Don230 \Parking Analysis.wpd» 11 Page Left Intentionally Blank -1d Attachment 7 Findings for denial -44 Page Left Intentionally Blank FINDINGS FOR DENIAL USE PERM]T NO. 2001-029 & DEVELOPMENT PLAN NO. 2002 -001 The proposed restaurant has seating for 56 people and 10 employees are expected. Anticipated parking demand is likely to exceed 31 spaces, and therefore, a parking shortfall is expected. This parking shortfall will occur during the mealtime periods and will impact street parking to the detriment of the area. 2. The proposed project is inconsistent with the guidelines of the Mariner's Mile Strategic Vision and Design Framework in the following areas: a. The design of the structure does not take into account the need to screen the roof from above. b. The proposed exterior colors do not closely adhere to the stated objectives to have 90% of the building be neutral with up to 10% of the building exterior being a contrasting color with accent colors being no more than 5%. The contrasting trim color is absent and accent colors appear to be approximately 25% of the exterior of the building. c. The proposed landscape plan does not incorporate the hedge and palm row as specified. 3. The proposed project is inconsistent with the Zoning Code. Specifically, the project does not provide landscaping in accordance with Section 20.57.040. Additionally, the proposed project is not consistent with the Mariner's Mile Strategic Vision and Design Framework, and therefore, the project is not eligible for approval of a Development Plan in accordance with Section 20.57.050 of the Municipal Code. 4. The proposed hours of operation (24 hours a day) will introduce commercial activity during hours that are not customary, which will be detrimental to nearby residential uses.