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HomeMy WebLinkAbout3.0 - Gelson's Supermarket Conditional Use Permit - PA2015-214 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 22, 2016 Agenda Item No. 3: SUBJECT: Gelson's Supermarket Conditional Use Permit - (PA2015-214) 1660 San Miguel Drive Conditional Use Permit No. UP2015-048 APPLICANT: Mark Motsenbocker, Gelson's Supermarket OWNER: The Irvine Company, LLC PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A conditional use permit to allow the establishment of a new wine and tapas food service with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control license, a Type 86 (Instructional Tasting) Alcoholic Beverage Control license, and a waiver of the required parking. The food service includes a 636-square-foot interior net public area and a 700-square-foot outdoor dining patio at an existing grocery store, Gelson's. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2015-048 No. (Attachment No. PC 1). INTRODUCTION Project Setting The site is located at the southeast corner of the intersection of San Joaquin Hills Road and San Miguel Drive. The 5.35 acre site is currently developed with a retail shopping center, Harbor View Center, with a service station and a bank. It is bounded to the north, east, and south by multi-family residential apartments and condominiums. To the west across San Joaquin Hills Road is a single-family residential tract known as Broadmoor Hills. Harbor View Center includes approximately 73,401 gross square feet of commercial building area. The center accommodates retail, food service, and service uses. The service station and bank within the shopping center are located on separate 1 V� QP �P Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 2 freestanding pads on individual properties. These sites are not a part of the subject application. The project site is primarily served by a 281-space surface parking VICINITY MAP Food Service Location 1 - GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CN (Neighborhood CN (Commercial Retail Commercial Shopping Commercial Nei hborhood Center NORTH RM (Multiple-Unit PC-3 (Harbor View Hills Multi-Family Residential Residential Planned Community) Apartments SOUTH RM (Multiple-Unit RM (Multi-Unit Multi-Family Residential Residential Residential Apartments EAST RM (Multiple-Unit RM (Multi-Unit Multi-Family Residential Residential Residential Condominiums 3 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 3 WEST RS-D (Single-Unit R-1-6,000 (Single-Family Single-Family Residential Tract Residential Detached) Residential) lot. The property is in the CN (Commercial Neighborhood) Zoning District. Refer to the site photos provided as Attachment No. PC 3. Project Description The applicant requests a conditional use permit to allow the establishment of a new wine and tapas food service at Gelson's with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control, a Type 86 (Instructional Tasting) licenses, and a waiver of the required parking. The applicant requests instructional tasting to enhance customers' shopping experience by providing an opportunity for patrons to evaluate and sample fine wines and other alcoholic beverage products available for purchase in the grocery store. Physical improvements for the food service area include a 636-square-foot interior net public area with 29 seats at an existing 35,692-square-foot grocery store, Gelson's, and a 700- square-foot outdoor dining patio with 28 seats. The applicant's project description and a sample menu are provided as Attachment No. PC 4. The requested hours of operation for the establishment including the outdoor dining patio are from 11:00 a.m. through 9:00 p.m., daily. Gelson's currently operates from 7:00 a.m. through 11:00 p.m. If the applicant's request is approved, approximately 26 parking spaces would be waived through a parking management program. Table 1. Surnmarf of Applicant's Request UP2015-048 (PA2015-214) Alcohol License Type 41 On Sale Beer and Wine and Type 86 Instructional Tasting) Net Public Area 636 square feet interior 700 square feet patio 1,336 total net public area Seats 29 interior seats and 28 outdoor dining patio seats 57 seats total Hours 11:00 a.m. through 9:00 p.m., daily (including outdoor dining patio) Background County records indicate the Harbor View Shopping Center was originally constructed in 1971. On February 10, 1977, the Planning Commission approved Variance No. 1060 to allow a second floor 4,300-square-foot warehouse addition to the grocery store with a waiver of 18 parking spaces. 4 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 4 On November 6, 1977, the Planning Commission approved Use Permit No. 3617 to allow a new storage building at the loading dock area at Gelson's with a waiver of two parking spaces. The Harbor View Shopping Center includes other food service locations (Fresh Brothers and Pick-Up Stix) and the City waived the required parking associated with these establishments. Gelson's recently underwent renovations in 2014 and the proposed application would be the second phase of improvements to the store. DISCUSSION General Plan/Zoning Code The General Plan Land Use Element and Zoning Code designate Harbor View Center as CN (Neighborhood Commercial) and CN (Commercial Neighborhood), respectively. These designations are intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed wine and tapas food service would be a part of an existing grocery store that serves the surrounding community and would be consistent with this land use designation and Zoning District. Alcoholic Beverage Sales When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Zoning Code Section 20.48.090 (Eating and Drinking Establishments) requires the Planning Commission to evaluate the potential impacts upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to consider the proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. The adjacent uses in the shopping center are retail and food service. The nearest residential use is an adjacent apartment complex, Bayport Apartment Homes, located 200 feet at the rear of the shopping center to the south. The draft resolution includes conditions of approval to minimize negative impacts that the proposed establishment may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. In order to approve a CUP for alcohol sales, the Planning Commission must also find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In doing so, the following must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 5 b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Police Reporting District No. 53, which includes the Harbor View Hills Community to the northeast and is bounded by San Joaquin Hills Road, San Miguel Drive, and Spyglass Hill Road. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 5. A data sheet, which includes alcohol related statistics from 2015, is provided in Attachment No. PC 6. A discussion of these factors is provided below: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes Part Two Crimes Part One Crimes (Serious offenses) (All other offenses) Rate (per 100,000 people) RD No. 53 17 21 1,287 RD No. 47 15 27 971 RD No. 51 33 48 780 RD No. 52 25 22 1506 Newport Beach 2,338 3,836 2,739 The Part One Crimes Rate in Reporting District 53 (RD 53) is lower than the Part One Crimes Rate for the City and adjacent districts. The crime rate in RD 53 is 53 percent below the Citywide reporting district average. The lower crime rate is largely due to the greater amount of residential development in this reporting district and the Police Department characterizes the area as a low crime area. The service of on-sale alcoholic beverages would provide additional menu options for customers, enhances the grocery store, and won't likely contribute to increased crime due to the accessory nature of the proposed use. b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 6 Reporting District DUI/Drunk Arrests Total Arrests Calls for Service RD No. 53 0 8 945 RD No. 47 1 2 1,287 RD No. 51 1 3 1,575 RD No. 52 0 0 820 Newport Beach 146 516 102,056 RD 53 has a lower number of DUI/Drunk Arrests and Calls for Service and a higher number of Total Arrests recorded in 2015 compared to adjacent reporting districts. From January 1, 2015 through December 31, 2015, the Police Department reported 77 calls for service to the subject property for various reasons including parking/traffic, medical aid, theft, and code violations. Of the 77 calls for service, four were alcohol related calls for persons drunk in public. The Police Department does not anticipate the rate of alcohol-related calls to change significantly. c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The proposed establishment is located in a neighborhood retail shopping center. Residential Zoning Districts are located immediately adjacent to the shopping center to the southeast and across the street to the north, east, and west. The nearest place of recreation, Lincoln Athletic Center and San Joaquin Hills Park & Lawn Bowling Center, are located approximately 430 feet to the southeast. The nearest church and daycare, Lutheran Church of the Master and Pacific Shores Day Care, are located 880 feet to the northeast of the subject property across Pacific View Drive. The nearest school, Lincoln Elementary School, is located approximately 850 feet to the southeast. The Harbor View Hills Shopping Center is a retail shopping center designed to serve the surrounding neighborhoods. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that on-sale alcohol remains compatible with the surrounding community. d) The proximity of the other establishments selling alcoholic beverages for either off-site or on-site consumption. As reflected in the approved Parking Management Program, Harbor View Shopping Center is designed to accommodate multiple retail and food service tenants and is expected to be located in close proximity to other food service establishments. This includes Fresh Brothers (1616 San Miguel Drive) and Pick-Up Stix (1614 San Miguel Drive) in the center, which both have with a Type 41 (On Sale Beer and Wine) alcohol license. The RD 53 statistics indicate an overall low concentration of alcohol licenses within this statistical area. Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 7 Reporting District Active ABC License Per Capita RD No. 53 3 1 per 440 residents RD No. 47 1 1 per 1,545 residents RD No. 51 0 1 per 0 residents RD No. 52 3 1 per 553 residents County-wide 5,704 1 per 505 residents The per capita ratio of one license for every 440 residents is higher than adjacent districts and the average ratio for Orange County. While the per capita ratio is higher, this is still considered a low-crime community in the City and the sale and consumption of alcohol at the proposed establishment does not pose a concern for the Police Department. The location, together with the proposed operational characteristics and conditions of approval, would make the on-sale service of alcoholic beverages appropriate. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The proposed alcohol licenses are new and are not in response to objectionable conditions at the site. Refer to Attachment No. PC 7 for a copy of the Police Department Memorandum. Offering on-sale beer and wine alcohol service will complement the food service and provide for the convenience of customers to the grocery store. The Police Department has no objections to the on-sale consumption of alcohol given the proposed hours of operation, license type, and location of the use within a grocery store. The draft resolution includes conditions of approval that should control and avoid objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training (Condition No. 27). Outdoor Dininq Patio The requested 700-square-foot outdoor dining patio with 28 seats is located within existing common areas in the shopping center and will not inhibit access to other tenant spaces or conflict with nearby residential development. The patio is shielded from the nearest residential uses by the building. The shopping center already includes a number of common open seating areas and the proposed establishment would provide a delineated private seating area for patrons where beer and wine would be served. The establishment and patio hours (11:00 a.m. to 9:00 p.m.) do not include late hours of operation. The proposed outdoor dining patio provides an additional amenity for patrons to enjoy the outdoors during their visit to the shopping center. 8 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 8 Parking Refer to the current parking calculation for the shopping center provided as Attachment No. PC 8. Section 20.40.060 (Parking Requirements for Food Service Uses) requires an analysis of the physical design characteristics, operational characteristics, and location of the establishment in order to determine the appropriate parking rate for a food service use, which may be one space for every 30 to 50 square feet of net public area. The proposed use is distinguished by the following physical, operational, and location characteristics: • The establishment includes a Type 41 (On Sale Beer and Wine) and a Type 86 (Instructional Tasting) alcohol license. • Interior seating includes 29 seats for patrons with 636 square feet of net public area. • The floor plan includes a 700-square-foot outdoor dining patio with 28 seats. • Late hours (after 11:00 p.m.), live entertainment, and dancing are not proposed. • The subject property is located in a neighborhood shopping center that is conducive to walk-in patrons who may make several stops. Based on the operational, physical, and location characteristics of the establishment, the appropriate parking requirement is one parking space for every 40 square feet of net public area, which equates to 30 spaces. The restaurant will occupy space presently devoted to retail use that is parked at a rate of one parking space per 250 square feet of gross floor area, resulting in a three space credit. Additionally, there is one surplus parking space available within the shopping center parking pool. Thus, a reduction in the off-street parking requirement of 26 parking spaces is necessary. The table below provides a summary of required parking: Table 2. Code Required Parking Interior Net Public Area (NPA) 636 Outdoor Dining Patio (above 25% NPA) 700-159(25% NPA)=541 Total Area Calculated for Required Parking 1,177 Total Code Requirement(1/40 sq ft of NPA)l 30 Retail Parking Credit (1/250 sq ft of GFA) -3 Surplus Parking Available in Shopping Center -1 Additional Spaces Required 26 The Newport Beach Municipal Code requires parking for restaurants to be based upon the individual operational characteristics with a parking ratio between 1:50 and 1:30 of the Net Public Area. 9 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 9 Parking Management Plan When a Conditional Use Permit for a parking reduction is requested, Section 20.40.110 (Adjustments to Off-Street Parking Requirements) requires the preparation of a Parking Management Plan (PMP). The purpose of a PMP is to mitigate any impacts associated with the requested parking waiver. The applicant has prepared a PMP as an integral component of the requested parking waiver to ensure that parking demand is satisfied (Attachment No. PC 9). The PMP includes the following items: 1. Captive Market. Harbor View Shopping Center provides several retail and food service tenants within proximity of one another, which generates the opportunity for shared trips. The proposed food service establishment is an ancillary use of the Gelson's grocery store. Primary access occurs from the grocery store and the majority of patrons are likely to also patronize the grocery store. Parking Utilization Analysis A parking utilization analysis was prepared by the traffic engineering firm of Pirzadeh & Associates, Inc. dated August 4, 2016 (Attachment No. PC 10). The analysis includes a parking count of existing uses within the Harbor View Shopping Center and it projects future parking demand for build-out of the food service. The highest occupancy occurs on Thursdays between 1:15 p.m. and 1:30 p.m. The occupancy during this time period is 82 percent (230 spaces occupied) occupancy for the site overall. The area closest to Gelson's market (Zones 2, 3, and 5) is at 86 percent occupancy during the same time period. When parking lots are at 80 percent to 85 percent occupancy or higher, vehicles tend to circulate the lot and parking trends to be difficult to find. Public Works has noted that the preferred occupancy for a parking lot is typically 80 percent utilization to ensure that vehicles are not excessively circling the lot to look for spaces. The Study uses Institute of Transportation Engineers (ITE) parking demand rates for a High-Turnover (Sit-Down) Restaurant rather than City Zoning Code requirements as a predictor. The analysis shows that with build-out of the proposed establishment, the parking pool would operate at a surplus of 34 parking spaces at 1:00 p.m. on Thursdays (88 percent utilization). The parking demand analysis further shows that sufficient parking will be available for occupancy of the proposed food service. Using the observed peak parking demand for the site with credit for the space conversion (228 parking spaces) and the ITE parking generation rate for High-Turnover Restaurant (19 spaces), the total parking needed would be 247 parking spaces. The site has 281 parking spaces, further supporting a conclusion that the shopping center parking pool will be sufficient to accommodate the use without creating parking conflicts. 10 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 10 Applicable General Plan Land Use Policies follow: • Policy LU 6.8.4 (Shared Parking Facilities) — Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. • Circulation Element Goal CE 7.1 of an adequate supply of convenient parking throughout the City. Harbor View Shopping Center consists of a mix of retail and food service uses with a shared parking pool. The Parking Utilization Analysis has been prepared to demonstrate that there is sufficient parking available to accommodate the anticipated demand for the food service at Gelson's. Staff believes the project land uses and the parking arrangements are consistent with these General Plan goals and policies. Use Permit Findings In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits, Findings and Decision), the Planning Commission must make the following findings for approval for a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As indicated previously, the proposed project includes uses consistent with the CN (Neighborhood Commercial) General Plan land use category and Zoning District. Staff believes sufficient facts exist in support of each finding. The operation is defined as an eating and drinking establishment (Food Service, No Late Hours) with alcohol service and is consistent with allowed uses and the purpose and intent of CN (Neighborhood Commercial) General Plan land use designation and Zoning District. Food Service uses with alcohol service can be expected to be found in this area and 11 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 11 similar locations and are complementary to the surrounding commercial shopping center through compliance with the proposed conditions of approval. The proposed establishment is expected to serve as a supporting food service tenant within the Harbor View Shopping Center. The building is physically suitable and the location and area proposed for outdoor dining are compatible with the area. As conditioned, it is expected to operate in an effective manner that is compatible with the surrounding tenants in the shopping center. The proposed establishment will comply with Newport Beach Municipal Code standards for food service uses with alcohol service. The establishment is expected to help the grocery store compete economically with other grocery stores in the area. Therefore, staff believes that the proposed food service and operational characteristics are appropriate for this location. A reduction of required parking must satisfy the following conditions pursuant to Section 20.40.110(B)(1) of the Zoning Code: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); b. A parking management plan shall be prepared in compliance with subsection (C). Parking is provided in the existing 281 space surface parking lot for Harbor View Shopping Center. The parking demand analysis shows that existing parking demand for the shopping center combined with the projected parking demand for the food service establishment is less than that required by the Zoning Code. The tenants in the shopping center will be complementary and compatible with the proposed food service establishment. Parking management plans are intended to mitigate the potential impacts associated with a reduction in the number of required parking spaces. Plans may include, but are not limited to the following, when required by the review authority: 1. Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking in compliance with Section 20.40.100 (Off-Site Parking); 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. The parking utilization analysis shows that the various land uses can coexist without significant conflict within the shopping center. The shopping center is characterized by a 12 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 12 captive market. Based upon the information provided and the suggested conditions of approval, staff believes that the conditions required pursuant to Section 20.40.110 are satisfied. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation or parking management plan. If the changes are substantial, the item should be continued to a future meeting to allow for the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the draft resolution for denial provided as Attachment No. PC 2. Environmental Review The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. The project involves the conversion of a portion of an existing grocery store for a food service use (696 square feet) and the addition of a 700-square-foot outdoor dining patio. The scope of work thus complies with the thresholds identified under the Class 3 exemption. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Mak a N a Associate Planner 13 Gelson's Wine and Tapas CUP Planning Commission, September 22, 2016 Page 13 ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Site Photos PC 4 Project Description and Sample Menu PC 5 Police Department Reporting Districts PC 6 Alcohol Related Statistics PC 7 Police Department Memorandum PC 8 Harbor View Center Existing Parking Table PC 9 Parking Management Plan PC 10 Parking Utilization Analysis PC 11 Project plans 1-� Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 15 V� QP �P 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2015-048 TO ALLOW A WINE AND TAPAS FOOD SERVICE USE WITH A TYPE 41 (ON SALE BEER AND WINE) ALCOHOL LICENSE, A TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOL LICENSE, AN OUTDOOR DINING PATIO, AND A PARKING WAIVER LOCATED AT GELSON'S AT 1660 SAN MIGUEL DRIVE (PA2015-214) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Motsenbocker representing Gelson's, with respect to property located at 1660 San Miguel Drive, and legally described as Parcel 2 of Parcel Map No. 35-01 (Resubdivision No. 284), being a portion of Block 93, of Irvine's Subdivision per Map recorded in Book 1, Page 88, Miscellaneous Record Maps, Records of Orange County, California, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow the establishment of a new wine and tapas food service at an existing grocery store, Gelson's, with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control, a Type 86 (Instructional Tasting) licenses, and a waiver of the required parking pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.40. The food service includes a 636-square-foot interior net public area and a 700-square-foot outdoor dining patio. 3. The subject property is located within the CN (Commercial Neighborhood) Zoning District and the General Plan Land Use Element category is CN (Neighborhood Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 22, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion 27 Planning Commission Resolution No. Ott Page 2 of 13 of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. 2. The project involves the conversion of a portion of an existing grocery store for a food service use (696 square feet) and the addition of a 700-square-foot outdoor dining patio within the common area of an existing, neighborhood shopping center. The scope of work falls below the thresholds identified under the Class 3 exemption and no special circumstances such as environmentally sensitive resources are present. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to maintain a healthy environment for residents and businesses. Alcohol service is intended for the convenience of customers dining at the restaurant, which is proposed to be located within the existing grocery store. 2. The subject property is located in a shopping center that is intended to serve the surrounding residential neighborhoods. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses. 3. Reporting District No. 53, where the project site is located is considered a low-crime community in the City and does not pose a concern for the Police Department based upon crime rates for the area, the location, together with the proposed operational characteristics and conditions of approval make the on-sale service of alcoholic beverages appropriate. 4. The draft resolution includes conditions of approval to avoid and minimize potential negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. In accordance with NBMC Section 20.40.110(B)(1) (Reduction in Off-Street Parking), the following conditions are set forth for the parking reduction and parking management plan: Finding: 05-26-2016 12 Planning Commission Resolution No. #### Page 3 of 13 B. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed-use development). Facts in Support of Finding: 1. A Parking Utilization Analysis dated August 4, 2016, and prepared by Pirzadeh & Associates, Inc., concluded that parking demand for the proposed project can be accommodated within the existing surface parking lot. Using the observed peak parking demand for the site with credit for the space conversion (228 parking spaces) and the Institute of Transportation Engineers (ITE) parking generations rate for High- Turnover Restaurant (19 spaces), the total anticipated parking demand would be 247 parking spaces. The parking pool has 281 parking spaces; therefore, existing parking is sufficient to support the new use. 3. Parking within Harbor View Center includes a 281 space shared surface parking lot. All of these spaces are within a convenient distance to the businesses they serve. 4. Harbor View Center provides several retail and food service tenants within close proximity of one another, which generates the opportunity for shared trips and results in reduced parking demand. The proposed food service establishment is an ancillary use of the Gelson's grocery store. Primary access to the food service area occurs from the interior of the grocery store and the majority of patrons are likely to be patrons of the grocery store. As a result, the parking demand for the new food service is likely to be less than it would be if it were operating as a separate business. Finding: C. A parking management plan (PMP) shall be prepared in compliance with NBMC Subsection 20.40.110(C) (Parking Management Plan). Fact in Support of Finding: 1. A PMP dated September 12, 2016, has been prepared for Harbor View Center. The PMP provides a comprehensive strategy to manage the existing parking including a discussion of captive market conditions and off-set peak hour conditions at the center. Condition No. 15 requires implementation of the PMP. The PMP is attached to this resolution and incorporated herein by reference. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: D. The use is consistent with the General Plan and any applicable Specific Plan. 05-26-2016 19 Planning Commission Resolution No. #### Page 4 of 13 Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the properties at Harbor View Center as CN (Neighborhood Commercial). This designation is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed wine and tapas food service would be a part of an existing grocery store that serves the surrounding residential communities and would be consistent with this land use designation and zoning district. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis under the proposed Parking Utilization Analysis and implementation of the proposed PMP will ensure that an adequate supply of parking is provided for Harbor View Center, including the proposed project, based upon the parking pool available within the shopping center. 3. The project site is not located within a Specific Plan area. Finding: E. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Land Use Element of the General Plan and Zoning Code designates the properties at Harbor View Center as CN (Commercial Neighborhood). This designation is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed wine and tapas bar would be a part of an existing grocery store that serves the surrounding residential communities and would be consistent with this land use designation and zoning district. 2. The existing development at Harbor View Center provides 0.31 FAR and complies with the maximum 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures will not result in increases to the existing gross floor area and resulting FAR. 3. The proposed parking reduction and PMP are consistent with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements) based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Improvements are largely interior to the existing grocery store and the exterior patio complies with all setbacks and building regulations. Finding: 05-26-2016 20 Planning Commission Resolution No. Ott Page 5 of 13 F. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. This is a neighborhood shopping center that is compatible with other commercial uses in the area. The food service uses within Harbor View Center serve visitors, area businesses, and residents. The proposed establishment is expected to serve as a supporting food service within the Harbor View Shopping Center. The building is physically suitable and the location, including the outdoor patio, is compatible with the area. As conditioned, it is expected to operate in an effective manner that is compatible with the surrounding tenants in the shopping center. 2. The proposed outdoor dining patio is located in the common open space of the center and does not hinder pedestrian circulation, parking spaces, or access to existing tenants. 3. The establishment will comply with NBMC standards for food service uses with alcohol service. The establishment is expected to help the grocery store compete economically with other high-end grocery stores in the area. 4. The parking reduction and PMP will allow for the food service with alcohol service consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking meets actual parking demand over time. The applicant is not seeking any additional building area; however, the proposed changes in uses and the provision of exclusive restaurant dining areas will increase required parking as identified by the Zoning Code by 27 spaces based upon a one per 40 parking ratio. The total anticipated parking demand for the site is 247 parking spaces based upon the parking utilization analysis where the site has 281 parking spaces; therefore the provided parking is sufficient. The PMP discusses the captive market based upon the mixture of uses and off-set peak hours based upon the parking utilization analysis that occur within the center. As a result, the project site, with the implementation of the PMP, is physically suitable for the proposed mix of uses planned as parking will be supplied to meet actual parking demands. Finding: G. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The facts in support of Finding F above support this finding and are incorporated by reference. 05-26-2016 21 Planning Commission Resolution No. Ott Page 6 of 13 2. Emergency access to and through Harbor View Center is currently provided from San Joaquin Hills Drive, San Miguel Drive, and Pacific View Drive. Fire access driveways and fire hydrants are currently provided and have been reviewed and approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 3. Harbor View Center is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public and private services and utilities. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and the food service use will be reviewed by the Orange County Health Department prior to the issuance of building permits. Finding: H. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The facts in support of findings A through G above support this finding and are incorporated by reference. 2. The proposed use is small and is within an existing grocery store. The existing building shields the proposed outdoor dining patio from nearby residences. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. 4. The hours of operation are compatible for a neighborhood shopping center where the food service and accompanying outdoor dining patio will close at 9:00 p.m., daily. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-048 to allow a wine and tapas food service use with a Type 41 (on sale beer and wine) alcohol license, a Type 86 (instructional tasting) alcohol license, an outdoor dining patio, and a parking waiver, subject to the conditions set forth in Exhibit 05-26-2016 22 Planning Commission Resolution No. #### Page 7 of 13 "A" and the Parking Management Program as set forth in Exhibit "B", which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF SEPTEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 05-26-2016 23 Planning Commission Resolution No. #### Page 8 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 3. Use Permit No. UP2015-048 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060(A)(1) (Time Limits and Extensions), unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 6. This Conditional Use Permit may be modified or revoked by the 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 8. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. The hours of operation for the wine and tapas food service establishment and associated outdoor dining patio at Gelson's shall be limited from 11:00 a.m, through 9:00 p.m., daily. 05-26-2016 24 Planning Commission Resolution No. #### Page 9 of 13 11. That the "net public area" of the restaurant shall not exceed 636 square feet for the interior of the subject restaurant facility. 12. The accessory outdoor dining patio shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 700 square feet in area. 13. The restaurant and patio seats shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. 14. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 15. The establishment shall implement the Parking Management Plan prepared September 12, 2016. A minimum of 281 parking spaces shall be maintained on the subject property for Harbor View Center. 16. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the intensification of general commercial area (currently$8,132.00 per thousand square feet) to restaurant floor area (currently $13,600 per thousand square feet) in accordance with NBMC Chapter 15.38. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 17. Should the property 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. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of- way. 20. The exterior of the business 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. 05-26-2016 2.5 Planning Commission Resolution No. Ott Page 10 of 13 21. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 22. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 23. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Gelson's Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2015-048 (PA2015-214). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 24. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 25. There shall be no live entertainment or dancing on the premises. 26. All owners, managers, and employees selling alcoholic beverages shall undergro and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 27. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 05-26-2016 20 Planning Commission Resolution No. Ott Page 11 of 13 28. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 29. There shall be no reduced price alcoholic beverage promotions. 30. Food Service from the regular menu must be made available to patrons during all open hours. 31. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 32. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 33. Strict adherence to maximum occupancy limit is required. 34. The operator of the restaurant shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall be comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Fire Department Conditions 35. A Type 1 hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code Section 609.2. 36. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type 1 hood shall be protected with an approved automatic fire- extinguishing system installed in accordance with this code. CFC Section 904.2.1. 37. Fire extinguishers with a Class K rating shall be provided for hazards where there is a potential for fires involving combustible cooking media (vegetable or animal oils and fats). Maximum travel distance shall not exceed 30 feet from the hazard to the extinguishers. Also a 2A 10BC type fire extinguisher will be required for the control of other classes of fires for the occupancy. 05-26-2016 27 Planning Commission Resolution No. Ott Page 12 of 13 Building Division Conditions 38. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. 39. Prior to the issuance of building permits, gates and doors must comply with Section 11 B- 404 of the CBC. 40. Prior to the issuance of building permits, the plans shall reflect accessible seating in the new patio dining area in accordance with Section 11 B-221 of the CBC. 41. Prior to the issuance of building permits, accessible seating at the bar and other locations shall not be located in the required exit clear width and or common paths to exits or common paths of travel in accordance with Section 11 B-305 of the CBC. 42. Prior to the issuance of building permits, counters, bars, and tables and point of sales must illustrate compliance with Chapter 11 B of the CBC. 43. Prior to the issuance of building permits, plans must illustrate compliance with Section 11 B-202 of the CBC. 44. Prior to the issuance of building permits, iustification for the required number of plumbing fixtures, per Section 422.0 CPC must be illustrated on the plans. 45. Prior to the issuance of building permits, architectural, plumbing, mechanical, electrical, and energy plans shall be provided. Public Works Conditions 46. County Sanitation District fees shall be paid prior to the issuance of any building permits. 05-26-2016 22 Planning Commission Resolution No. #### Page 13 of 13 EXHIBIT "B" PARKING MANAGEMENT PROGRAM 05-26-2016 �9 V� QP �P 30 Attachment No. PC 2 Draft Resolution for Denial 31 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. UP2015-048 FOR A WINE AND TAPAS FOOD SERVICE USE WITH A TYPE 41 (ON SALE BEER AND WINE) ALCOHOL LICENSE, A TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOL LICENSE, OUTDOOR DINING PATIO, AND A PARKING WAIVER LOCATED AT GELSON'S AT 1660 SAN MIGUEL DRIVE (PA2015-214) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Motsenbocker representing Gelson's, with respect to property located at 1660 San Miguel Drive, and legally described as Parcel 2 of Parcel Map No. 35-01 (Resubdivision No. 284), being a portion of Block 93, of Irvine's Subdivision per Map recorded in Book 1, Page 88, Miscellaneous Record Maps, Records of Orange County, California, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow the establishment of a new wine and tapas food service at an existing grocery store, Gelson's, with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control, a Type 86 (Instructional Tasting) licenses, and a waiver of the required parking pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.40. The food service includes a 636-square-foot interior net public area and a 700-square-foot outdoor dining patio. 3. The subject property is located within the CN (Commercial Neighborhood) Zoning District and the General Plan Land Use Element category is CN (Neighborhood Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 22, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. Planning Commission Resolution No. Page 2 of 3 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Zoning Code, eating and drinking establishments classified as "Food Service, No Late Hours" located within the CN (Commercial Neighborhood) Zoning District require the approval of a use permit. The Planning Commission may approve a use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed use permit for the food service, no late hours use is inconsistent with the legislative intent of Title 20 of the NBMC. 2. The proposed alcohol license would lead to a proliferation of alcohol licenses in an area that is already over-concentrated with alcohol licenses. The sale and service of alcohol could lead to increased alcohol-related calls for service. 3. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. 4. The site is not physically suitable in terms of design, location, shape, size, operating characteristics. The property does not provide sufficient on-site parking to accommodate the proposed use based upon the requirements of Chapter 20.40 of the Zoning Code. The parking utilization study indicates that the surface lot may be utilized up to 88% of its capacity, which could be detrimental to vehicle circulation as employees and patrons potentially seek off-site parking at peak demand times. This could pose a detriment to surrounding properties. The Planning Commission does not consider the existing structure on the subject property a unique circumstance resulting in any necessity to warrant approval for a reduction in the off-site parking requirement through the approval of a parking management program. 5. The proposed eating and drinking establishment is neither required by code nor necessary for the enjoyment of the property. If desired, and as shown through previously approved building permits, the subject property can be utilized to comply with the requirements of the NBMC and be used for general commercial or retail uses. 6. The subject property is consistent in orientation, size and shape with typical lots in this neighborhood which are designed with commercial and mixed-use development. Parking is already deficient in this shopping center and parking waivers have been granted for the existing food service establishments. Operation of the use at the location proposed would be detrimental to the harmonious and orderly growth of the City. 05-26-2016 34 Planning Commission Resolution No. Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-048, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF SEPTEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 05-26-2016 S5 V� QP �P 3C Attachment No. PC 3 Site Photos 37 V� QP �P 3g � � s *,t Al 1 1 0 lb F ` V� QP �P �o Attachment No. PC 4 Project Description and Sample Menu 41 V� QP �P LIQUORLICENSE .com 2222 Damon St. • Los Angeles,CA 90021 Phone: 1-80D-222-5777 • Fax:1-800-771-0254 Attachment A Project Description Gelson's Market#6- Harborview Center Conditional Use Permit for Alcoholic Sales/Service/Instructional Tasting Newport Beach Municipal Code §20.52.020 1660 San Miguel Drive Newport Beach,CA 92660 Summary of Request Pursuant to Newport Beach Municipal Code §20.52.020,the Applicant, Gelson's Market, Inc. ("Gelson's" or"the Applicant"), is seeking a Conditional Use Permit ("CUP") for three purposes: 1) to add a restaurant with beer and wine service pursuant to a type 41 ABC license within an existing full-service supermarket, along with a new patio area; 2)to authorize instructional tastings of a full line of alcoholic beverages within the full-service supermarket (ABC license type 86); and 3)for a parking reduction based upon the fact that the restaurant and patio will trigger an additional parking requirement per Code. The requested use, if approved, is to take place within a 35,692 s.f. supermarket located at 1660 San Miguel Drive in a 73,401 s.f. shopping center("Center") in the North Newport Center Planned Community District (PC 56 zone). The Applicant already sells a full line of alcoholic beverages for off-site consumption pursuant to a type 21 ABC license,along with a full line of supermarket items, and has since it opened this location in 1989. As shall be set forth in detail below, Gelson's believes that its request for conditional use approval for the proposed service of beer and wine at the proposed restaurant and for instructional tasting events is warranted based upon the company's excellent record of compliance with the California Department of Alcoholic Beverages ("ABC"), the appropriateness of the location for the requested use, its history of being a responsible operator, and its overall reputation as a well-established, responsible company which can be trusted to manage the requested ABC license appropriately. The Applicant also believes that its request for conditional use approval for a parking reduction is warranted based upon the fact that there appears to be ample excess parking on-site to accommodate the proposed restaurant. Instructional Tasting(Tyne 86) In addition to the food, grocery items, and extensive selection of wine, beer, and spirits that the Applicant offers at this location, Gelson's seeks a Conditional Use Permit for an instructional tasting license as an adjunct to its type 21 license.The purpose of adding this license type is to further enhance customers'shopping experience by providing an appropriate mechanism for them to evaluate and understand the fine wines and other alcoholic beverage products that the Applicant sells.The instructional tasting license, a "Type 86," is a relatively new license type that was created pursuant to Business and Professions Code §§23396.6 and 25503.56 in January of 2011.This license is available to holders of qualified off-sale retail licensed businesses.The Applicant would like the City's permission to invite its vendors in from time to time to present its products to interested adults and educate them on the nuances of fine wines, craft beers, and spirits.To that end,the Applicant is requesting a CUP to enable instructional tastings at this location. 1 (March 1,2016) Conditional Use Permit Gelson's#6 1660 San Miguel Drive www . IIquorIIcense . com 43 Gelson's offers a wide array of food and beverage products that have been researched and specially curated by expert merchandisers to appeal to the discerning consumer. Many of the beers,wines, and spirits at Gelson's are selected from boutique wineries and local craft breweries, giving Gelson's customers an opportunity to learn about and sample fine products that may not be available elsewhere. As an adjunct to the Applicant's type 21 license,the type 86 license allows tastings in any location within the establishment that is covered by the type 21 license, in conformance with California State Business and Professions Code regulations pertinent to this type of alcohol license. As a practical matter, however, occasional instructional tastings will take place at the indoor seating area toward the northerly side of the store.While tastings are being conducted by authorized licensees, the area will be partitioned off, and signs that identify the area for tastings and clarify age limitations will be prominently displayed. No permanent physical changes will be made to the store as a result of the type 86. Additionally, instructional tastings will only take place between the hours of 10:00 a.m. to 9:00 p.m.,which is a requirement the ABC places on this license type. In-Store Restaurant(Type 41) Another feature that Gelson's has planned for its Newport Beach location is a restaurant/dining area where food can either be obtained by self-serve or by ordering it, and where beer and wine can be ordered from staff. The Applicant has a restaurant area planned for the northwest corner of the store in a dedicated total area within the supermarket that is approximately 696 s.f. in size. Seating for approximately 57 patrons will be provided, 29 inside and 28 on a new 700 s.f. outdoor patio that will flank the northwest corner of the building. In this area, beer and wine will be available, along with a limited menu of items, both of which patrons can order at the "bar" area and take to their seats within that portion of the store or in the adjacent patio. Patrons may also select from any of the many prepared food options that will be available along the southerly part of the store, such as pizza, sushi, sandwiches, salads, soups, and other deli and hot food items, and then take those items to the restaurant/bar area and order beer and wine to enjoy with their meal. The proposed restaurant will require interior tenant improvements and changes to the patio area. Customers will not be permitted to take any of the alcoholic beverages outside of the designated interior area or the adjacent patio. Both the interior area and the patio will be monitored and supervised by team members. The interior area will have employees at the registers and taking orders; the patio will have employees at hostess stations on the patio, as well as cameras that will be monitored at all times. The restaurant area will be open from 8 a.m.to 10 p.m. daily, although the supermarket itself will open at 7 a.m. Request for Parking Reduction Conditional use approval for a reduction of parking is also required for the proposed restaurant. Gelson's is located in an existing shopping center which contains a variety of retail, restaurant, neighborhood services, and other commercial uses in several buildings which total 73,401 square feet in all. Presently,the approximately 10 acre shopping center has 281 parking spaces for the benefit of the uses in the Center. Currently, 123 spaces are attributable to Gelson's, which is classified as "retail" for parking purposes and would require 1 space per 250 s.f. of floor area, or 143 spaces (35,692/250 = 143) per Newport Beach Municipal Code Sec. 20.40.040, Table 3- 10. However, pursuant to Use Permit 3617 and Variance 1060, 20 spaces have been waived. The attached document, "Harbor View Parking Summary," which is dated February of this year, summarizes the other uses on the site, the parking requirements, and prior use permits that have adjusted the total number of spaces required. At this writing, 280 spaces are required for the shopping center as a whole, and 281 spaces are provided. 2 (March 1,2016) Conditional Use Permit Gelson's#6 1660 San Miguel Drive www . IIquorIIcense . com 44 In terms of the restaurant use, the patio and the "net public' interior part of the restaurant trigger additional parking requirements. The "net public" part of the restaurant will be 636 s.f. in size. That results in a 159 s.f. "credit" for the 700 s.f. patio. The rest of the patio is required to be parked at a ratio of between 1 space per 30 and 1 space per 50 s.f. The letter from Staff dated January 15, 2016, stated that a 1 per 40 ratio may be most appropriate. Regardless, 1177 s.f. (541 for the patio and 636 s.f. for the interior) will need to be parked at this higher ratio, minus a 3 space credit for the fact that the restaurant is occupying space previously parked at "retail." (Please see email from Gregg Ramirez, attached to this Application.) The exact number of spaces that would be required is somewhat up to the City's discretion, in terms of the ratio selected. The Applicant believes that the 1 per 50 ratio is appropriate here, given the fact that the restaurant is located within a full-service supermarket, which is itself located in a shopping center with a variety of uses. In addition, the revisions submitted with this writing change the square footages around and hence the parking count, but the number of seats remains unchanged. Regardless, however, in order for Gelson's to be able to proceed with its restaurant plans, a use permit for reduced parking will be required. The City's parking requirements are based upon assumptions about the amount of parking spaces a typical use of a certain type and size will typically generate. In order to get a more precise sense of how much parking the uses in the Harbor View Center actually need, Staff opined that a parking study should be conducted on three consecutive days,Thursday through Sunday,from 11 a.m.to 9 p.m. To that end,the Applicant and the property owner commissioned a parking study to take precise counts between 11 a.m. and 9 p.m. on three consecutive days in September — Thursday, Friday, and Saturday, September 24-26`h. The results of that study, which is attached to this Application, indicate that the busiest time for the shopping center as a whole was 1:15 p.m. on Thursday afternoon. Even at that time,230 spaces were used, leaving a surplus of 51 stalls. This finding is supportive of the Applicant's request. First, the busiest time for the shopping center is not likely to be the busiest time for the restaurant. Gelson's anticipates that the busiest time for the restaurant will be around 4 pm —8 pm, which is based upon the company's experience at other locations. Furthermore, Gelson's anticipates that most of its restaurant customers will be people who are already at the shopping center to purchase grocery items from Gelson's or to patronize other tenants of the Center, or both. Thus, the expectation is that there will be very little additional traffic to the shopping center as a whole as a result of the new restaurant. For these reasons, the Applicant believes that the 1 per 50 ratio is appropriate here. Finally, Gelson's has been operating successfully at this Site for over 16 years, since 1989, and anticipates that it will continue to do so for many years in the future. The supermarket is large enough, and has enough staff, that it may be feasible for Gelson's to implement a parking management plan if need be based on Planning Department recommendations. For all these reasons, the Applicant believes that the parking supply on-site is adequate to serve the proposed restaurant with outdoor dining. The Applicant Gelson's opened its first store in 1951 in Burbank, and now, more than half a century later, has 18 successful supermarkets scattered at prime locations throughout Southern California. In addition to its Newport Beach location,the Applicant has 13 locations in Los Angeles County,and an additional 4 locations in Orange,Ventura, and Santa Barbara counties. Gelson's has long been recognized for the outstanding quality of its products and its exceptional customer service. Gelson's customers rely on the company to provide the highest quality produce, meat, seafood, deli, and general grocery items, along with an unmatched selection of wine and liquor. 3 (March 1,2016) Conditional Use Permit Gelson's#6 1660 San Miguel Drive www . IIquorIIcense . com 45 The Applicant's Newport Beach location is certainly no exception to this tradition.The Applicant's vision for its Newport Beach location is to continue to include all of these types of products and services, but to including periodic instructional tastings of wine, beer and spirits and dedicated areas where patrons can either select food from aisles of pre-made items or order them to be prepared hot at a counter, and sit down with a glass of beer or wine.The ability to host instructional tastings will be a pleasant and inviting amenity to help ensure the long- term economic success of the store, in a responsibly managed and appropriate location. Gelson's offers a curated array of items, and would like to offer its customers the ability to taste some of the finer offerings on an occasional basis in a supervised, instructional setting. This is an amenity that has become increasingly expected in upscale full-service supermarkets such as Gelson's. Background The subject property is a irregular-shaped parcel of land,totaling approximately 10 acres, located in the Harbor View Center and is composed of three parcels:the southwesterly parcel is occupied by a Mobil service station; the northwesterly parcel is occupied by Union Bank; and the primary parcel is occupied by a parking lot and a mixture of commercial uses, anchored by Gelson's Market and Thrifty Drug Store. Surrounding properties are within the RM, PF, and CG zones and are characterized by flat topography and improved streets.The surrounding properties are developed with multi-family dwellings, single-family dwellings, condominiums, commercial buildings, shopping centers, and surface parking lots. Adjoining properties to the northeast, across Pacific View Drive, are residential condominiums.To the southeast is the Bayport Apartment complex.To the southwest,across San Joaquin Hills Road, are single family dwellings. To the northwest, across San Miguel Drive, is the Baywood Apartment complex. Conclusion On the basis of the foregoing, the Applicant, Gelson's Markets requests a Conditional Use Permit to add a restaurant with beer and wine service pursuant to a type 41 ABC license within a full-service supermarket and the ability to conduct instructional tastings,ABC license type 86, of a full line of alcoholic beverages within, is warranted based upon the company's outstanding record of compliance with the California Department of Alcoholic Beverages,the appropriateness of the location for the requested use, its history of being a responsible operator, and its overall reputation as a long-standing, responsible company which can be trusted to manage the requested ABC license appropriately. 4 (March 1,2016) Conditional Use Permit Gelson's#6 1660 San Miguel Drive www . IiquorIIcense . com 40 THE GATEWAY � 1 TAPAS Caprese Salad $9 Heirloom tomatoes, burrata, extra virgin olive oil, aged balsamic vinegar, sliced rustic baguette Sausage & Caramelized Onion Flatbread Pizza $8 Hot and sweet pork Italian sausage, sweet tomato jam, roasted garlic, mozzarella, baby arugula Vegetable Meatballs $8 Lentils, mushrooms, onions, celery, walnuts, parmesan cheese, herbs, light tomato sauce Mini Crab Cakes $7 Jumbo lump crab, onion, celery, bread crumbs, remoulade sauce Mini Lobster Roll $7 Lobster claw meat, green onions, celery lemon zest, mayonnaise, buttered soft roll, cole slaw California Cheese Plate $7 Humboldt Fog (goat cheese), Purple Haze (goat Cheese), Point Reyes Toma (farmstead cheese, cow's milk), almonds, dried cherries, orange blossom honey, sliced rustic baguette Charcuterie Plate $7 Aged Parma prosciutto, Parma salami, Emilia salami, peppadews, balsamic marinated onions, artichoke hearts, dijon mustard, sliced rustic baguette Assorted Olive Plate $5 Pitted and herb marinated kalamata, green and cerignola olives, extra virgin olive oil, sliced rustic baguette Pretzels $5 German style pretzels served with horseradish mustard BEVERAGES Pure Cane Sugar Coca Cola $1.39 Gelson's Finest Spring Water 83¢ San Pellegrino Sparkling Water $2.19 BEER ON TAP Stella Artois Lager — Leuven, Belgium $5 Strand Brewing Beach House Amber Ale — Torrance, CA $5 Allagash White Wit Beer — Portland, ME $5 Widmer Rotator IPA — Portland, OR $5 Ask your server for beer pairing ideas 47 WINE Grath Sauvignon Blanc $6 Napa Valley — Lush and full, with melon and citrus character. This wine has crisp acidity in the backbone with rich and creamy "sur lie' aging. It's a perfect pairing with Mini Crab Cakes. Chateau Pampleonne Rose $6 Provence, France — "Sur lie" aging in temperature controlled stainless steel tanks preserve the aromas of this blend of Grenache, Cinsault, Syrah and Tibouren. Try it with a California Cheese Plate, Santa Margherita Pinot Grigio $9 Trentino-Alto Adige, Italy — The benchmark by which all other Pinot Grigios are judged — crisp and elegant, well structured and sophisticated. Pair with a Caprese Salad. Rodney Strong Pinot Noir $6 Russian River—This elegant Pinot Noir is soft and silky with floral and pomegranate aromas. The wine is oak aged for nine months giving it structure and depth while adding a hint of toasty vanilla and spice. Pair with Vegetable Meatballs. St. Francis Cabernet Sauvignon $7 Sonoma County— Full-bodied with firm structure, generous tannins and deep color. Classic aromas and flavors of ripe black currant, cassis, dusty cocoa and saddle leather. Pair with Sausage & Caramelized Onion Flatbread Pizza. Donati Sorelle per Sempre Chardonnay $5 Central Coast — Fermented in too-io stainless steel, this wine offers tropical and citrus aromas, a soft and creamy mid palate with a crisp finish. It's a perfect pairing with a California Cheese Plate or Mini Lobster Roll. Mer Soleil Unoaked Chardonnay $8 Monterrey County— Tank fermentation and aging brings out the mineral driven nose of citrus in this wine. Soft and round with acid backbone tells you that these grapes are grown in a cooler climate. Laser sharp minerality carries throughout from start to finish. Pair with Mini Crab Cakes. something special Duckhorn Merlot $12 Napa Valley — A lush wine with inviting aromas of amaretto, sweet spice and cedar. The palate is rich with flavors of plum, blackberry and cherry. We suggest Charcuterie Plate or a Sausage & Caramelized Onion Flatbread Pizza. THE GATEWAY WINE BAP AT GELSON'S Open Daily: Noon-8:00p.m. (Last Call 7:45P.M.) All items are taxable. WARNING: Drinking Distilled Spirits,Beer,Coolers,Wine and Other Alcoholic Beverages May Increase Cancer Risk,and, During Pregnancy,Can Cause Birth Defects. 11.2 Attachment No. PC 5 Police Department Reporting Districts 49 V� QP �P �o Reporting Districts P' Newport Beach Police Department Effective Jan 1,2008 Flu— UPPER �1y��I,, 21 i NEWPORT DAY 1,5 s F—�' ! CANAL K t — uuu j> � s 240 17 J � �'°•� yv 32 25������� 38� � � I 54th ST� 1 W ... .. ..... -;:r: �L��6� /jJ W o X52 l 3 61 9 37th ST 15 22 ��� 4�2�0 �;, SAIV loth ST� 13 43 47 JOAQUIN 64 j 12 k4'8 P 7th ST B ST 11 G 6 i W N BUCK GULLY W+E 8 MORNING 67 'J J i „,n=3000 feet CANYON PACIFIC OCEAN 0.5 1 CRYSTAL COVE mays CRYSTAL COVE STATE PARK STATE PARK S oe02007 ReoonmgDsmas-nxn. 0 V� QP �P Attachment No. PC 6 Alcohol Related Statistics 53 V� QP �P Oe NEWPORT BEACH POLICE DEPARTMENT �P.WP°RT oQ m� Chief Jay R.Johnson 870 Santa Barbara Drive - Newport Beach - CA 92660 - 949.644.3791 2015 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Public Alcohol Active License Pe Semi%Subject ' I Crimes Part 11 Crimes Crime Rate All Arrests' rIntoxication Related Licenses Capita ILI Liquor Law i 1660 San Miguel 77 1 1 not applicable 1 0 1 0 1 notapplicable aim Subject RD: RD53 945 17 21 1,286.90 16 2 1 0 4 3 440 Adjacent RD: 1,287 15 27 970.87 7 1 1 1,545 RD47 in Adjacent RD: 1,575 33 48 779.59 17 1 3 0 8 0 0 RD51 Adjacent RD: _ 820 25 22 1,506.02 6 0 3 553 RD52 Newport Beach 102,056 2,339 3,841 2,739.65 3,523 449 666 28 1,185 432 197 California noto,oilable 1,100,901 not available 2,955.13 1,217,089 155,28589,901 15,673` nbtavditdtiTe 97,653 381 National not available 9,443,212 not available 3,052.79 11,205,833 1,117,852 414,854 321,125 not available not applicable not applicable Summary for Gelson's at 1660 San Miguel (RD53) In 2015, RD53 had a total of 38 reported crimes,compared to a city-wide reporting district average of 163 reported crimes. This reporting district is-125 crimes,or-77%, UNDER the city-wide average. The number of active ABC licenses in this RD is 3,which equals a per capita ratio of one license for every 440 residents. Orange County averages one license for every 473 residents and California averages one license for every 381 residents. This location is within an RD that is OVER the Orange County and UNDER the California per capita averages of ABC licenses. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape, Robbery,Aggravated Assault Burglary,Larceny-Theft,Auto Theft,and Arson. This report reflects City of Newport Beach raw crime data for 2015,through December 31,before unfounded crimes are removed. California and National crime figures are based on the 2014 Uniform Crime Report which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 0110712016. All Population figures taken from the 2010 US Census. 1515 1/27/2016 Additional Information Highest Volume Crime in Calls for Service RDS3 at 1660 San Burg/Theft From Auto ANIMAL LOCKED IN VEHICLE 4 BURGLARY ALARM AUDIBLE 5 Highest Volume Crime in CITIZEN ASSIST 2 RD47 COURT ORDER VIOLATION RPT 1 Residential Burglary DISTURBANCE 6 DRUNK IN PUBLIC 4 Highest Volume Crime in GENERAL SERVICES CALL 2 HIT AND RUN PKD VEH REPORT 1 Burg/Theft From Auto KEEP THE PEACE 3 MEDICAL AID NO PD RESPONSE 3 Highest Volume Crime in MUNICIPAL CODE VIOLATION 1 RDS2 NON INJ ACCIDENT CITY PROP I 1 Residential Burglary OFFICER FLAGGED DOWN 1 OUT ON FOOT 1 PATROL CHECK 5 PEDESTRIAN STOP 2 PETTY THEFT REPORT 1 ROBBERY ALARM SILENT 1 SKATEBOARDING DISTURBANCI 2 STRAY IN CUSTODY 1 SUSPICIOUS PERSON 5 TRESPASS IN PROGRESS 1 UNWANTED SOLICITOR 9 VEHICLE STOP 9 VEHICLE STORAGE OR IMPOUN 3 WELFARE CHECK 3 S(o Attachment No. PC 7 Police Department Memorandum V� QP �P �g NEWPORT BEACH POLICE DEPARTMENT . DETECTIVE DIVISION MEMORANDUM TO: Makana Nova, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: January 19, 2016 SUBJECT: Gelson's Supermarket 1660 San Miguel Drive Use Permit No. UP2015-048 (PA2015-214) At your request, the Police Department has reviewed the project application for a conditional use permit to allow a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control License for a new wine and tapas restaurant addition to the supermarket. The applicant currently holds a Type 86 (Instructional Tasting) Alcoholic Beverage Control License and a Type 21 (Off-Sale General) Alcoholic Beverage Control License. Per the project description, the proposed restaurant includes a 400 square foot interior with 29 seats, and a 670 square foot outdoor dining patio with 28 seats. The requested hours of operation for the restaurant are from 11:00 a.m. to 9:00 p.m. daily. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 1660 San Miguel Drive. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 53 which is triangular in shape between San Joaquin Hills Road, San Miguel Drive, and Spyglass Hill Road. RD 53 is a low-crime community. • In 2015, RD 53 had a total of 38 reported crimes, compared to a city-wide RD average of 163 reported crimes. • In 2015, RD 53 had 16 total arrests. • Of those 16 arrests, (2) were for Driving Under the Influence (DUI) and (1) was for Public Intoxication. Over-Saturation and Public Convenience or Necessity The applicant property is within the only commercial area in RD 53. There are 3 licensed establishments within the Reporting District with a resident population of 1321. 59 Gelson's Supermarket UP2015-048 • RD 53 has 3 ABC licensed establishments. • RD 53 is technically over saturated with a total per capita ratio of 1 license for every 440 residents compared to the Orange County per capita ratio of 1 to 473. • RD 53 is under the California per capita ratio of 1 to 381. Comments and Recommendations The Police Department has no objections to the proposed project. We do have concerns regarding the specific delineation of the alcohol service area. The Police Department suggests any perimeter shall be designed to clearly suggest that alcohol is not allowed outside the dining/seating area. This can be achieved by a fence, wall, and/or landscaped planter(s) on the outdoor patio, as well as narrowing the proposed entrance on the interior from the supermarket space to the restaurant space. In addition, we strongly suggest the main ingress and egress to the outdoor patio be from the interior restaurant only. Appropriate signs indicating "no alcohol beyond this point" should be displayed. These suggestions would aid the employees in maintaining more effective control regarding the consumption of alcoholic beverages. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 2. There shall be no dancing allowed on the premises. 3. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6. There shall be no reduced price alcoholic beverage promotions. 7. Food service from the regular menu must be made available to patrons during all open hours. 2 �D Gelson's Supermarket UP2015-048 & A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 10. Strict adherence to maximum occupancy limit is required. 11. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject 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. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe,ot(949) 644-3705 or wjoe@nbpd.org. Wendy Jot Police Civilian Investigator, Special Investigations I Brad Miller Sergeant, Special Investigations Jay Short Lieutenant, Detective Division 3 �2 V� QP �P Attachment No. PC 8 Harbor View Center Existing Parking Table O3 V� QP �P Harbor View Parking Summary February 2015 Adress Trade Name Square Feet Required Reference 1610,1620-1640 Rite-Aid, Other Retail 27,737 111 1/250 1614 Pick-Up Stix 1,980 10 UP 3544 1616 Fresh Brothers Pizza 1,275 6 UP 3187 (24 spaces waived by PC) 1660 Gelson's 35,692 123 UP 3617 and VA1060 20 spaces waived 1666 Bank 4,850 20 1/250 2500 Mobil Gas Station 1,867 10 UP 1491 Totals 73,401 280 Summary Total Stalls Provided 281 Total Stalls Required 280 Parking Surplus/(Deficit) 1 05 V� QP �P Attachment No. PC 9 Parking Management Plan 07 V� QP �P �g Parking Management Plan 1660 San Miguel Drive Harbor View Center September 12, 2016 The following Parking Management Plan for the food service, eating and drinking establishment, located at 1660 San Miguel Drive (Gelson's), is provided per Section 20.40.100 (Off-Site Parking) and Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with a modification of the off-street parking spaces: Hours of Operation • Gelson's Wine and Tapas o Gelson's • 11:00 a.m. to 9:00 p.m., daily On-Site Parking • A minimum of 281 parking spaces shall be provided within the surface parking lot for Harbor View Center. Captive Market • Harbor View Shopping Center provides several retail and food service tenants within close proximity of one another, which generates the opportunity for shared trips. • Gelson's wine and tapas establishment is an ancillary use of the Gelson's grocery store. Primary access occurs from the grocery store and the majority of patrons are likely to also patronize the grocery store. • The location of land uses within walking distance of one another generates the opportunity for shared trips and there is a component of walk-in patronage from nearby residential areas. Off-Set Peak Hours • Peak hours for the wine and tapas establishment are expected to occur in the late afternoon and early evening hours whereas the peak parking demand within the shopping center typically occurs during the lunch hour at 1:00 p.m., as demonstrated by the Parking Utilization Analysis prepared on August 4, 2016 by Pirzadeh &Associates, Inc. 69 Harbor View Center Parking Management Plan UP2015-048 (PA2015-214) September 12, 2016 Parking Summary Strategy Parking On-Site Parking 281 Existing Code Required Parking On-Site 280 Waived-U P3544 42* Waived-UP3187 24* Surplus Parking Available 1 Gelson's Required Parking -30 General Commercial Parking Credit for 3 Gelson's TOTAL SPACES WAIVED FOR GELSON'S 26 Surplus Parking Available 0 *Waived parking spaces do not contribute toward the code required parking on-site. 70 Attachment No. PC 10 Parking Utilization Analysis 71 V� QP �P nrzadeh Su to 27 Executive Pad :(949)851-1367 _iTi v Suite 270 f(949)851-5179 ASSOCIATES, INC. Irvine,CA 92614-4726 w v pirzadehxom August 4, 2016 Mr. Mark Motsenbocker Sr. Director of Human Resources and Risk Management Gelson's Market 16400 Ventura Boulevard, Suite 240 Encino, California 91436-2123 Subject: Harbor View Center Parking Utilization Analysis 1660 San Miguel Drive, Newport Beach, California, Gelson's Market Conditional use permit UP2015.048 (PA2015-214) Dear Mark: Pursuant to your request, we are pleased to submit this Parking Utilization Analysis for Harbor View Center to determine the current parking demand for the existing uses in relation to the current parking supply. This report provides an evaluation of the existing Harbor View Center parking characteristics and the parking requirements that have been approved with various discretionary actions. The report also addresses the potential impacts, if any, that converting existing retail use into accessory restaurant use within Gelson's Market and adding an exclusive outdoor dining area will have on the current parking supply in the center. Proiect Description Harbor View Center is an existing retail center located in the City of Newport Beach at the southeast corner of San Joaquin Hills Road and San Miguel Drive. The existing uses within the center are situated on three (3) parcels that contain approximately six (6) acres that are bounded by San Miguel Drive to the north, Pacific View Drive to the east, existing residential development to the south, and San Joaquin Hills Road to the west. The center is comprised of three (3) in-line buildings that contain 66,684 square feet of retail, food, and service use and two (2) freestanding pads that include a 4,850 square foot financial institution and a 1,867 square foot service station, see Figure 1. The center originally consisted of 62,723 square feet of gross floor area excluding the financial institution and service station with an applicable parking rate of one (1) parking space per 250 square feet that required 251 parking spaces. Subsequent discretionary actions evaluated each proposed use for consistency with the parking requirements contained in the City's Zoning Code and were adjusted or waived by the approval body. Project Management 74anvponation P1a,,.hg&Engineecing Cocemmenl Liaison 73 ma I �1 I EXISHDPG BUILDING PARKING EXISTING {}'( ��----------�-----�- - LOT TO REMAIN, ;_� µE 3 N E%ISIING NO WORK REWIRED (NIC) '`I•�a 0;,1 11h, PARKING LOT TO REMAIN. iS - II NO- WORK REO-- (NIC) IF _ ____ - •{ I ----------- (NIC) -------___- - ftm, ONR m wlGCw \ T __••e• 1T1 STM PA1p.NM-REGWIFD ETL `\ ` mss j, ! '�• .DIW�T EXISTING 35,692 .F. EXISTING ���� . RESTAURANT BAR SHOP SEASLING k �lLF4QJ dm, OUTDOOR DINING PATO \ BUILDING EXISTING EXISTING GELSON'S SHOP SNBP \ V BUILDING BUILDING T H E d::: M A R K E T b m w y AADe ne / L 7 -. ------ -- ------ - a �" NARBpi VIEW ,y, ^ 5 : i stanto`— •IRVINE COMPANY Essmavle —� i $ug r;l EXISTING SITE PLAN , /I\ LEGEND U'^FOR REFERENCE ONLY £YY.L SD.1 --- PRELIMINARY DATE: 02-09-16 8/4/2016 Source:Stantec,Inc. Figure 1 Overall Site Plan -'��� Pirzadeh Gelson's Market at Harbor View Center / :p Newport Beach, California 74 Mr. Mark Motsenbocker Page 3 August 4, 2016 Based on the most recent information contained in the discretionary approvals and research of City case files, the center contains approximately 73,401 square feet of gross floor area including the financial institution and service station. Using the applicable parking rates the current mix of uses require 280 parking spaces and 281 parking spaces are available that results in a parking surplus of one (1) parking space, see Table 1. TABLE 1 HARBOR VIEW CENTER EXISTING-ENTITLEMENT AND PARKING SUMMARY-MAY 2016 ADDRESS - TENANT(FOR EXISTING REQUIRED REQUIRED SAN MIGUEL DRIVE REFERENCE ONLY) BUILDING PARKING PARKING G.S.F. RATIO IN-LINE RETAIL 1610, 1620-1640 RITE-AID, OTHER RETAIL 27,737 1/250 111 1614 PICK UP STIX 1,980 UP 3544(1) 10 1616 FRESH BROTHERS 1,275 UP 3187 (2) 6 1660 GELSON'S MARKET 35,692 UP 3617 (3) 123 VA 1060(4) IN-LINE RETAIL SUBTOTAL: 66,684 0 250 FREESTANDING PADS 1666 UNION BANK OF CALIFORNIA 4,850 1/250 1 20 2500 SAN JOAQUIN MOBIL 1,867 UP 1491 (5) 10 HILLS ROAD FREESTANDING PADS SUBTOTAL: 6,717 30 TOTALS 73,401 - 280 PARKING PROVIDED 281 PARKING SURPLUS/(DEFICIT) 1 (1)Planning Commission approved the waiver of 42 required parking spaces for the use. (2)Planning Commission approved the waiver of 24 required parking spaces for the use. (3)Planning Commission approved the waiver of 2 required parking spaces for the use. (4)Planning Commission approved the waiver of 18 required parking spaces for the use. (5)Planning Commission approved the minimum of 10 required parking spaces for the use. Gelson's Market is an anchor tenant within Harbor View Center and consists of 35,692 square feet of gross floor area. The proposed project will convert 696 square feet of existing retail use to restaurant use and add 700 square feet of exclusive outdoor dining area. The reduction of 696 square feet of retail use results in a decrease of three (3) required parking spaces (696/250=2.78). There is no change to the existing building square footage. The 696 square feet of new restaurant use is comprised of 60 square feet of service area and 636 square feet of net public area. A total of 57 seats are provided with 29 seats located indoors and 28 seats within the outdoor dining area. The restaurant and outdoor dining area are 715 Mr. Mark Motsenbocker Page 4 August 4, 2016 intended to serve the patrons of the market. The menu will feature small plates and beverages similar to other tapas style restaurants. Patrons that purchase sandwiches and other food items and beverages in the store may also use the proposed seating area. The proposed restaurant component is expected to operate Monday through Sunday between the hours of 11:00 AM and 9:00 PM, which is consistent with the parking accumulation analysis that was conducted and discussed in detail below. Existing Land Use Table 1 summarizes the existing use, building intensity, and required parking. Existing Parking Supply A parking inventory was conducted on September 24, 2015 to determine the amount of parking spaces currently available in Harbor View Center. The parking inventory verified that the center has a total of 281 parking that include seven (7) accessible parking spaces. Existing Parking Demand versus Sunnly At times, a site's actual parking demand may not be consistent with the Code required parking rates due to the location of the site, mix of uses, and the level of synergy within and/or adjacent to the site. To determine the observed parking rate, parking accumulation surveys were conducted on Thursday, Friday, and Saturday, September 24 through September 26, 2015 between the hours of 11:00 AM and 9:00 PM at 15-minute intervals. The days and the hours that the surveys were conducted are consistent with the City's Traffic Engineer's requirements. Six (6) parking zones were established to conduct the counts, see Figure 2. The survey was conducted during the same hours that the restaurant is expected to operate. A copy of the parking accumulation counts are provided in Appendix A for reference. The center was 100-percent occupied at the time the parking accumulation surveys were conducted. The surveys show that the peak parking demand observed on Thursday was at 1:15 PM and on Friday at 1:30 PM when 230 and 216 parking spaces were occupied, respectively. Whereas, the peak parking demand on Saturday was observed at 11:30 AM when 168 parking spaces were occupied, see Figure 3. The data demonstrates that Harbor View Center is utilizing approximately 82-percent of the 281 available parking spaces on Thursday, 77-percent on Friday, and 60-percent on Saturday. To determine the site's actual parking demand for the current mix of uses, the peak parking demand of 230 parked vehicles that was observed on Thursday at 1:15 PM was divided by the total square footage of the center. Using this information, Harbor View Center is currently parked at approximately one (1) parking space per 319.13 square feet (73,401/230=319.13) of gross floor area that equates to 3.13 parking spaces per 1,000 square feet of gross floor area. Therefore, applying the observed parking rate to the retail center would require 230 parking spaces that results in a parking surplus of 51 parking spaces. 70 SAN MIGUEL DRIVE HARBOR VIEW CENTER Il � illlllllilil � l . l ANIONBANK OF 8500 �� CALIFORNIA i,B505F 0)6F ZONE 1 2 �� ZONE-3 z 5 \\\ \ 008 Q _I MIC6HAEL Q _I NNSSKERN 0 _ 20OSF N ~ 1610 166D R7MIE GELSON'S MARKET !— 1NEWPORT 34,055 SFsraie seas 6 f Newpwi8wil,CA �F�^�•;Ay��— 4Y �^yam:—•�:=. O IRVINE COMPANY RETAIL PROPERTIES 8/4/2016 Seume:Irvine Company Retail Properties Figure 2 Parking ZonesxC4W91071K pirzadeh Gelson's Market at Harbor View Center K ASST Newport Beach, California Harbor View Center Parking Accumulation 300 250 — 200 —Parking Inventory 150 tThursday m I Friday O +Saturday 100- 50 0 e Ql�' Time 8/4/2016 Source:National Data&Surveying Services Figure 3 Parking Accumulation Graph � Pirzadeh Gelson's Market at Harbor View Center Newport Beach, California 72 u sit I�Ii n LOW �A,FL W/ GLASS ABOVE BECTON Ll o go 0 M' � q� .�...a,w... \'�� agEaY vwws \ W, I \ V \ y(• _y.run.ur -py� Si. 3 OW y/ALL W/ GLASS ABOVE ELEVATION ate° y,}J kif L J LTJ za Sns `{ L:1 LL$ r m m sw� n. ( .-v.wxn i wwm I .✓ � g9� l Y o s (j1 AOA,By AR COUNTER COUNTER ENL" a RESTAURANT WIN R k PATO ��� p 4 " ' A2.0 PRELIMINAR ATE: 02-09.19 8/4/2016 Source:RMCA Figure 4 Proposed Project /--` Pirzadeh Gelson's Market at Harbor View Center x ASS0CIA 'a' ' Newport Beach, California �9 Mr. Mark Motsenbocker Page 8 August 4, 2016 Proposed Parking Demand The proposed project will convert 696 square feet of existing retail use into restaurant use that consists of 60 square feet of service area and 636 square feet of net public area and add 700 square feet of exclusive outdoor dining area, see Figure 4. There will be 29 indoor seats and 28 outdoor seats provided for a total of 57 seats. In accordance with the City's Zoning Code, Chapter 20.40 — Off-Street Parking, the methodology for calculating the number of required parking spaces for food service with/without alcohol, with/without late hours is one parking space per 30 — 50 square feet of net public area, including outdoor dining areas that exceeds 25-percent of the interior net public area or 1,000 square feet of outdoor dining, whichever is less. Based on the operation characteristics of the proposed restaurant the City has recommended that a parking rate of one parking space per 40 square feet of net public area would be appropriate for the proposed use. Using the information shown on the architects floor plan the proposed indoor restaurant area will have a total of 696 square feet of floor area of which 636 square feet is considered to be net public area and, 700 square feet of exclusive outdoor dining area. Applying the City's adopted parking rate the indoor restaurant area and exclusive outdoor dining area will require 30 parking spaces, which was calculated as follows: • Interior Net Public Area = 636 Square Feet. • Exclusive Outdoor Dining Area = 700 Square Feet. Outdoor Dining Area Calculation • 636 Square Feet (Net Public Area) x 0.25% = 159 Square Feet. • 700 Square feet (Outdoor Dining Area) - 159 Square Feet (credit) = 541 Square Feet. • Total area for calculating parking: 636 + 541 = 1,177 Square Feet. • Number of parking spaces required: 1,177 Square Feet/40 = 29.42 Parking Spaces. • Use: 30 Parking Spaces. Using the above methodology a parking waiver of 26 parking spaces would be required. The conversion of 696 square feet of retail space equates to three (3) parking spaces and presently the center has a surplus of one (1) parking space (30 parking spaces - 1 surplus parking space - 3 parking spaces associated with the conversion of 696 square feet of retail space = 26 parking spaces). Although an observed parking rate was developed for the center and the City has adopted parking rates for restaurant uses that was used to calculate the required parking shown above, the Public Works Department has suggested that it would be more appropriate to use the parking rate for a restaurant use shown in the Institute of Transportation Engineers (ITE) Parking Generation Manual, 4th Edition. Using the ITE parking rate for a High-Turnover (Sit-Down) Restaurant (Land Use Code 932) and applying the rate to the gross floor area for the restaurant use and outdoor dining area (1,396 square feet) would 20 Mr. Mark Motsenbocker Page 9 August 4, 2016 require 19 parking spaces (1,396 square feet/1,000 = 1.396 x 13.3 = 18.57 parking spaces). The ITE rate assumes gross floor area and does not make any deductions for service areas. As can be seen above, there is a considerable difference between the number of parking spaces required for the proposed use when the City's adopted parking rate is applied to the net public area square footage as compared to applying the parking rate shown in the ITE Parking Generation Manual, 4th Edition for a High-Turnover (Sit-Down) Restaurant - Land Use Code 932 (30 Code required parking spaces versus 19 ITE projected parking spaces). To demonstrate that the waiver of parking spaces will not affect the availability of parking opportunities for the patrons visiting the center, when the observed parking rate of 3.13 parking spaces per 1,000 square feet is applied to the retail center, less the 696 square feet for the proposed restaurant use, the center requires 228 parking spaces (73,401 SF - 696 SF = 72,705 square feet/1,000 x 3.13 = 228). Applying the applicable ITE parking rate for a restaurant use would require 19 parking spaces that results in a parking surplus of 34 parking spaces during the peak parking demand. Therefore, based on the observed parking demand and the required parking for the proposed project shows that adequate parking will continue to be available for the existing and proposed uses within the center. This results in a maximum 88-percent utilization of the parking area. Conclusion Gelson's Market consists of 35,692 square feet of existing retail use. The project proposes to convert 696 square feet of the 35,692 square feet of retail use to restaurant use and add 700 square feet of outdoor dining area with no change to the building square footage. The new restaurant use is comprised of 60 square feet of service area and 636 square feet of net public area with 29 indoor seating and 28 outdoor seating provided for a total of 57 seats. Applying the applicable parking rates as shown in the City's Zoning Code to the proposed restaurant use and considering the reduction in retail use floor area and one (1) surplus parking space results in a deficit of 26 parking spaces. Therefore, a parking waiver of 26 parking spaces would be required. However, based on the findings of the parking accumulation survey Harbor View Center has an observed peak parking demand of 230 parking spaces that results in a surplus of 51 parking spaces that equates to a parking utilization of approximately 82-percent. When the observed parking rate of 3.13 parking spaces per 1,000 square feet is applied to the retail center, less the 696 square feet for the proposed restaurant use, the center requires 228 parking spaces. Applying the applicable ITE parking rate for a restaurant use would require 19 parking spaces that results in a parking surplus of 34 parking spaces. This results in a maximum 88-percent utilization of the parking area. Therefore, based on the observed parking demand and the required parking for the proposed restaurant shows that 21 Mr. Mark Motsenbocker Page 10 August 4, 2016 adequate parking will continue to be available for the existing and proposed uses within the center. Please call me if you have any questions regarding the above parking utilization analysis or, if you need any additional information. Sincerely, Peter S. Kolibaba Principal Associate Attachments c: Makana Nova, City of Newport Beach PAI 30021(1)-Gelsons-HarborV iew-08042010-MMotsenbocker-3rdSub,ParkingAnalysis-ltr.psk 22 Appendix A Parking Accumulation Counts 2S ". .ay w.wm o.n awn.w .... PARKING LOT STUDY Luation:SE Corner of San Joaquin Hills Rd&San Miguel Dr Day Thursday City:Newport Beach Date:9/2412015 _ W (Begs , I� nptm atl w6lorAl' Ixag1soHi05uJ INc su6rOrAi! FW SUetoTAL `llig SPACES 30 1 1 31 131 1 131 24 1 ZS 1 28 28 45 1 5 SO 1 13 1 2 1 11 16 281 C11}o21 0 2P223 66 66 5 0 5 5 5 21 3 24 11 0 0 11 134 -1115 19 0 2 79 79 5 0 5 5 5 25 3 28 13 0 0 13 151 ii{30. 22 0 3 77 77 9 0 9 8 8 29 5 34 13 p 0 13 166 5 26 0 5 87 87 9 0 9 8 B 27 5 32 13 0 0 13 180 20 0 6 83 83 14 1 15 8 8 28 4 32 11 1 1 13 177 (✓19'116r� 21 0 6 106 106 14 0 14 9 9 30 5 35 11 1 1 13 204 _]230 23 0 6 101 101 14 0 14 9 9 30 5 35 9 0 1 30 198 =12l 25 0 6 106 106 15 0 15 9 9 33 5 38 8 0 1 9 208 (_•100 18 0 5 94 94 18 0 38 10 10 35 5 40 13 1 1 15 200=13Ti5CJ L_�21C IDI 1 sil._.1 _110--. IiD! z011, zi ;Lu. , L iil ! 41 !: �s+ ,: X46'_[ 1i3� —A 1' ' ! 'iso !�i3DX13,30 19 0 4 115 115 31 0 11 13 1 13 39 4 43 12 0 1 13 218 (`73:45= 23 0 4 2] 96 96 ] 0 ] 9 9 27 4 31 13 0 1 14 184 22 0 4 26 85 85 10 0 10 12 12 25 5 30 12 0 1 13 176 �1 WS= 21 0 4 25 78 78 11 0 11 12 12 27 5 32 12 0 1 13 171 23 0 5 28 80 80 8 0 B 12 12 27 4 31 12 0 1 13 172 22 0 4 26 64 64 15 1 16 11 11 29 3 32 13 0 1 14 163 `15P 27 0 4 31 70 70 9 0 9 12 12 33 4 37 13 0 1 14 173 EL�--107- �DQRIdl—j a23 0 5 28 89 89 13 0 13 11 11 35 5 40 12 0 1 13 194 025 0 4 29 93 93 16 1 1] it 11 32 5 37 12 0 1 13 200 5T— 29 0 5 34 9fi 96 15 1 16 12 12 36 5 41 11 0 1 12 211 '020 0 4 24 B] 87 e 1 9 14 14 35 4 39 12 0 1 13 186 L._� 19 0 3 22 89 89 11 1 12 13 13 33 4 3] 12 0 1 13 186 0]_ ] 19 0 3 22 93 93 11 0 11 12 12 33 5 38 11 0 1 12 19B 5T] 19 0 3 2295 95 13 0 13 12 12 32 5 3] 11 0 1 12 191 17 0 3 20 99 99 15 0 15 13 13 35 5 40 11 0 1 12 199 y'_ f18 0 3 21 91 91 11 0 11 13 13 33 5 38 10 0 1 11 185 {1� SS 0 3 21 93 93 14 0 14 13 13 31 4 35 9 0 1 10 186S 19 0 3 22 BS 85 9 0 9 13 13 29 4 33 9 0 1 10 172 ]B 19 0 3 22 74 74 11 0 11 12 12 29 2 31 9 D 1 10 160 Q .1 l 17 0 3 20 63 63 ] 0 7 12 12 30 3 33 11 0 1 12 147 C111sl 17 0 3 2D 67 67 9 0 9 12 12 26 4 30 11 0 0 11 149 I—'18µ5{__ 18 0 4 22 55 55 9 0 9 12 12 26 4 30 12 D 0 12 140 13 0 4 17 49 49 6 0 6 11 it 29 5 34 6 0 0 6 123 4 15M41 41 3 0 3 10 10 24 5 29 6 D 0 6 1041%90 30 0 4 14 43 5 0 5 10 10 27 5 32 6 0 0 6 110 9 0 5 14 39 2 0 2 9 9 29 4 33 7 0 0 ] 10410 0 5 15 25 4 0 4 9 9 20 3 23 6 0 0 6 82 11 0 4 152] 5 0 5 6 6 23 3 26 5 0 0 5 84 it 0 3 14 22 2 p 2 4 4 26 5 31 6 0 0 6 79 7 0 2 921 3 D 3 4 4 16 5 21 6 0 0 6 64 6 0 2 8 i] 2 0 2 3 3 13 2 SS 6 0 0 6 51 24 a.w�.4 M wa..a ar.a wn.H.[servkas PARKING LOT STUDY location:SE Corner of San Joaquin Hills Rd&San Miguel Dr Day Friday City:Newport Beach Date:9252015 L71N1E li mNE l� -� 20 4 �—Z N�� _ }20NEdl -- tf'AF1@3f 4/fNEy6 - ale', ugnd w6mria. slfa7mrti ,nag file u`sr3rA_l RaBi wsmrAP.: I" L.310 )�sueT°rAE � 1D'^f^pres " l1 SPACES 3D 131 131 131 24 1 25 28 28 4S 5 50 2 2 1 16 281 L:11:011)_ 20 0 3 23 73 73 4 0 4 5 5 23 2 25 9 a 0 9 139 20 0 3 23 76 76 10 0 10 6 6 26 2 28 11 0 0 11 154 �11387.� 19 0 5 24 84 84 11 0 11 6 6 27 3 30 11 a 0 it 166 14:95 22 0 4 26 89 89 11 a 11 ] 7 29 4 33 13 0 0 13 179 I12. 23 0 4 27 97 97 13 0 13 9 9 31 4 35 13 0 0 13 194 $51- 22 0 3 25 105 105 10 0 10 12 12 35 5 40 13 1 0 14 206 20 0 6 26 107 107 13 0 13 10 10 35 5 40 12 2 1 15 211 12;45Cf 1B 0 6 24 106 106 14 0 14 9 9 34 5 39 li 0 1 12 204 1=�;5`.QD= 20 0 4 24 93 93 13 0 13 8 8 34 4 38 ii 2 1 14 190 0;13;15>. 19 0 6 25 104 104 15 1 16 8 8 33 5 38 30 2 1 13 204 L-oL _1 r6, - 1_- 27/ [ .lisp 7 L-5isL� -..J1$_ A. _ f-iz�_'I —.m i '101-F_-'361"-]L_s..__ Z (4� 10l-:7 f-- of I_ _ 1 3i4__J Ln 2i6i C- 132315-J 21 0 6 27 110 110 15 a 15 11 ll 34 4 38 11 0 1 12 213 �w-:^vgWZ] 18 a 5 23 98 98 9 a 9 9 9 31 4 35 12 0 a 12 186 _'19{16!_.] 17 0 5 22 84 84 11 0 11 11 31 29 5 34 11 a a 11 173 19 0 6 25 81 81 11 0 11 33 13 30 3 33 30 a 0 la 173 1- -l:45= 20 0 5 25 76 76 10 0 30 13 13 33 3 36 30 a 0 10 170 16 �� 20 0 4 24 69 69 7 0 7 13 13 25 5 30 11 a 1 12 155 �15T, 19 0 5 24 ]] 77 7 0 7 11 11 31 4 35 10 a 1 11 165 18 0 5 23 84 84 11 0 11 10 30 36 5 41 11 0 1 12 181 P,k6� 19 0 6 25 91 91 13 0 13 10 10 33 4 37 11 0 1 12 188 Cie`d0= 19 0 4 23 93 93 9 0 9 13 13 31 4 35 10 0 0 10 183 1&15= 16 0 4 20 58 58 9 0 9 11 31 34 3 37 9 a 0 9 140 _- i16 .= 17 0 4 21 81 81 ] 0 ] 13 13 37 3 40 9 0 0 9 171 =1645= 16 0 4 20 83 83 10 0 30 12 12 35 4 39 7 0 a 7 171 173=b 14 0 4 18 83 83 9 0 9 13 13 33 4 37 6 0 a 6 166 =1]55)] 16 0 4 20 80 80 13 0 13 14 14 34 5 39 8 0 0 8 174 = 17 0 5 22 81 81 16 1 17 13 13 32 5 37 8 0 0 8 178 (_1•;4b)- 16 0 5 21 77 77 15 1 16 13 13 30 3 33 8 0 1 9 169 15 0 4 19 70 70 13 a 13 13 13 25 3 28 7 0 1 8 151 x.387@J� 15 0 3 18 72 72 5 0 5 13 13 23 4 27 6 0 1 7 142 18;30 13 0 3 16 45 45 3 0 3 11 11 25 3 28 6 0 1 7 110 C19�.03= 14 0 3 17 41 41 3 0 3 11 li 24 3 27 7 0 1 8 107 1990 13 0 3 16 39 39 1 0 1 li 11 20 5 25 7 0 1 8 100 12 0 3 15 35 35 1 0 1 30 30 19 0 23 6 0 0 6 90 }„] 13 0 3 16 45 45 1 0 1 8 8 20 2 22 7 0 0 7 99 C4 46L= 12 0 3 is 37 37 2 0 2 7 7 SO 1 15 6 0 0 6 82 2 . 12 0 3 15 28 28 3 0 3 7 7 12 1 13 6 0 0 6 72 C•-.�ti lsL_ 10 0 3 13 25 25 2 0 2 5 5 16 2 38 5 0 0 5 68 L_.i2 -T—i 10 0 3 13 31 31 2 0 Z 3 3 19 2 21 4 0 0 4 74 L._W451-_J 6 0 3 9 29 29 0 0 11 3 3 15 3 S8 4 0 0 4 63 C'^k29at7 5 0 3 8 25 25 0 0 0 3 3 13 2 35 5 0 0 5 56 25 ,.,..a,nnoee...a o-e"SeMeea PARKING LOT STUDY Location:SE Corner of San Joaquin Hills 8E&San Miguel Dr Day Satins, Clty:Newport Beach Date:91262015 umurke0 Tm(sl. 8eQ ZDNEESU_CD_jOTgLY TONE'9J 1pig { _ ; _ —, I� �� �UrtmA1 xesJ �lrc J smlm. 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SPACES 30 1 1 31 131 11 131 24 1 1 25 28 1 a 45 5 SD 23 2 1 16 2B1 '--.';2LW= 16 0 0 1 17 72 72 9 0 9 5 5 27 2 29 10 0 0 0 10 142 CSfias=] 17 0 0 0 17 79 79 7 0 7 0 8 26 5 31 10 0 0 0 10 152 1�r11:313L-I Il9L J L 0 - ' 0- -IF--.1-fin 1 87- - 87i 1 L-10..�L Oi---�(_ 110' J-81 J I__18L-I-_ML-u�5�L-35L-' III-- 1 Ia `1 ATO C bl..,_l 1n'13-1 L�1isk - J C—lJ AStL— 13 0 0 4 17 74 74 9 0 9 7 ] 27 5 32 11 0 0 0 11 150 13 0 1 4 10 71 71 6 0 6 J 7 29 3 32 12 0 0 0 12 146 (.W$ 51= 10 1 1 4 16 77 D 8 0 8 7 7 28 5 33 13 0 0 0 13 154 1 _..`3 WT._I 14 0 0 4 18 81 81 11 1 12 7 7 27 5 32 12 0 0 1 13 163 =m--Cp5[__ 12 0 0 4 16 73 73 10 0 30 6 6 28 5 33 12 0 0 1 13 I51 L-mS1bmr_]1 14 0 0 4 18 71 Jl 4 0 4 2 ] 25 1 5 30 8 0 0 1 9 139 -:T- 14 0 0 4 18 63 63 5 0 5 9 9 31 5 36 10 0 0 1 11 142 i. .13.30� 12 0 0 4 16 69 69 4 0 4 7 7 26 4 30 10 0 0 0 30 136 13A5L�. 14 0 0 4 18 67 67 4 0 4 7 7 33 5 38 10 0 0 0 10 144 f4!DU[] 16 0 0 4 20 78 78 5 0 5 ] 2 34 5 39 10 0 0 0 30 159 [__ iwl.I TLL--Jl 17 0 0 4 21 82 82 8 0 8 7 7 35 5 40 8 0 0 0 0 166 r=14WLJ 13 D 0 4 17 86 86 6 0 6 7 J 27 3 30 9 0 0 0 9 155 =Y04S= 12 0 0 4 16 67 62 7 0 7 7 7 27 4 31 9 0 0 0 9 137 C T36401 14 0 0 4 18 64 64 3 0 3 8 8 30 5 35 7 0 0 0 7 135 C^FSS'15L� 12 0 0 3 15 65 65 3 0 3 8 8 29 2 31 9 0 0 0 9 131 L_35:3UC� 13 0 0 4 17 70 70 1 0 1 0 8 26 4 30 11 1 0 0 12 138 J35plSLJ 12 0 0 4 16 fib 66 3 0 3 7 7 32 4 36 11 0 0 0 11 1 139 i5 0 0 5 20 62 62 3 0 3 B 1 8 24 4 28 11 0 0 0 11 132 Ali Tls= 13 0 0 4 17 62 62 Z 0 2 30 30 26 4 30 11 0 0 0 11 13Z L 16.3U1-1 15 0 0 5 20 56 56 5 0 5 10 10 27 5 32 13 l 0 1 15 138 -114ASL: l8 0 1 4 23 57 57 2 0 2 10 10 35 5 40 13 1 1 0 15 147 =A1,W= l5 0 0 5 20 54 54 3 0 3 11 11 25 4 29 13 0 0 0 13 130 L'Ski5Eli 13 0 0 4 17 45 45 3 0 3 11 11 27 4 33 11 0 0 0 11 118 C,iJL- it 0 0 4 15 48 48 5 0 5 12 12 28 3 31 10 1 0 0 11 122 T-14T45L 1 11 0 1 4 16 56 56 3 0 3 11 11 21 4 25 12 0 0 1 13 124 --�L� 12 0 0 3 15 48 48 3 0 3 12 12 23 4 27 8 0 0 D a 113 L=iiXas,-=Ji 13 1 0 3 17 46 46 2 0 2 13 13 28 3 31 8 0 0 0 8 117 �rL1$30,^ 12 1 0 3 16 41 41 1 1 2 12 12 21 5 26 0 0 0 0 a 105 12 1 0 3 16 43 43 2 0 2 li 11 23 4 27 le 0 0 0 10 109 (--19,OU1 1 12 1 0 3 16 44 44 2 0 2 13 13 23 4 27 11 0 0 0 11 113 r�19i15L� 32 1 0 3 16 44 44 2 0 2 9 9 21 2 23 10 I 0 0 it 105 12 1 0 3 16 34 34 3 0 3 9 9 21 2 23 0 1 0 0 9 94 30 1 0 3 14 30 38 1 0 3 6 6 16 1 17 8 1 D 0 9 85 =2D90t_1 10 1 1 4 !6 30 20 1 0 ! 6 6 13 1 14 8 1 D 1 10 67 9 1 D 4 14 22 22 0 0 0 6 6 13 1 14 5 0 0 0 5 61 Qmw[-j 9 1 D 4 H 14 14 0 0 0 5 5 13 1 14 5 0 0 0 5 52 L-�2k'A5� 9 1 0 5 15 17 17 0 0 0 5 5 1 32 2 14 4 0 0 0 4 55 L:23.o0L� 9 1 0 5 15 15 15 0 0 0 0 4 I31 1 12 5 0 0 0 5 51 20 Attachment No. PC 11 Project Plans 27 V� QP �P gg PA2015-214 Attachment No. PC 11 - Project Plans OVIN WIW SAN-MIGUEL`DIRIVE — — — — e e — — — — — _ _ - — — — — — — — — — — — — -A =90• Go' 00' N omaR -25.00 11" a '�------- ""'a----------- - ' �_------ - a _ .,_.- __ ', co i5 r --------m--- 2S __ 2B _ 26r 260 R -25.00' w ��z \ ag L -38.86' r� N_7.0' 34' 21" E 487.23 ------me-- i ------, ---- ,67.84'1 ' —L' 3927 26 i' fm � >,1 �� r \ T =25.00' �3 O N rn U o z , �vP--I 93 T =24.6 ' / ° •1 '1 I"'1 _ ^ ^1� w+r'."^"`1 �' 'r'0 O _ °° HO ' o202 Z 27 I i 99 ♦ \ u J,�' 1� OQ� Q oQz I , I d v I I 1 I J I I I a IF w 0 Ino o z ° j w zza w O =g © ' ' ° EXISTING ° L. Ia' , I o W Awa e ; I N i r-S.H 0P o ► y W I I I u N ❑ r D BU I LD.LN.G ' =mow + I JI TA_ -A LA �W NOiTN-CONTRACT WWQ II I ass, Cz W I , i k � I { � ALL PARKING STALLSJ LANDSCAPE AREA, ` 11 WWW 9 1 I I ? I I ° A ,1 TREES IU MAIN. NO'WORK REQUIRED 100.4' I+ o , a o f ! m ro }zUU _ 1 �., q - !-- - - a'°� � — - - ` , - EXISTING 1w zwoin I I 1 ° i I° o f m 1 26y$� c0 , , 150' cP A.R -;I�N G LOT T�0 R.E�M'A.I;N t� a r W� - E.X.I_ST-IN_G 4 ANO WORK REQUI-REED N.I'C) 3 �ao� - - , 4 y, 1 0 0 o LU o u LU o OW= N Wo=< �� I ' I + ; y fl P—ARKING�LOT T_0 REMA:I_N-, � I �; � I I ' a � � I �__ I a N=0 WORK REQUtR.ED (N:I-C) y� o z I o - -, ' EXISTING ACCESSIBLE PARKING 1 10 ° STALLS &"SIGNAGE,oTO'REMAIN. ,� r aop \ Ln -® NO WORKzREQUIRED a 9 -° �A k.> \\ o woo Ili I I + I I I - w PATH OF TRAVEL WATER-LINE \ \ oz I + I I z o J z �� + I a y/�OPERT-Y-L-INE,-` -''I -- - - - N_70' 34 21" E ° --—- _-- --- =-- --= -- �EASEMENT� -- vl --- --- --- -- \ U_ _w' ',l- �.�}_ _ 4i B _ ^. 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SHEET NO.din SD • 1 � a OF SHEET PRINTED: 09 Feb 2016 PRELIMINARY ®ATE : 02-09-16 g9 PA2015-214 Attachment No. PC 11 - Project Plans F I D C B A \ wiz L = _ AREA CALCULATION 0 175,_1" m a � 33'-7" 54'-0" 54'-0" 33'-6" �o EXISTING GROUND LEVEL N S zoz SALES AREA 18,890 SF Z o 3 = 4 - E SERVIC O rn ) o ® � STORAGE AREA ------------------------------------------------------------------------- 5,341 SF O N a_o U0a ELI COOLE p p SERVICE DEPT. AREA ---------------- ----- 6,507 SF j °O Sao p� }w p p OFFICE AREA ----------------------------------------------------------------------------416 SF V� m m �o� p (E) GROCERY (E) RODUCE ACCESSORY SPACES, EXTERIOR WALLS & INTERIOR WALLS ---------------------------------------------- 1 ,588 SF WAREHOUSE C OL a p p NEW RESTAURANT SERVICE AREA ---------------------------------------------60 SIF z v `z p (E) GROCERY p I a > o w� n p FREEZER p RESTAURANT DINING AREA & COFFEE/JUICE AREA---------------------------------- 636 SIF o z p p L — � z pow w - - - - - - - - * TOTAL 33,438 SF p p p p L LWT J L J L J L J E MEAT EXISTING MEZZANINE LEVEL z �a� r - - (E) FISH ( ) �zZ (E) ACCESSIBLE p COOLER p STORAGE o ��a L J - - EMPLOYEE p p BREAKROOM 235 SF ZON F L _ _ J BREAKROOM _ (E) MEAT COOLER r �=g (E) SERVICE F- �M� PREPROOMr I (PREP ROOM EMPLOYEE LOCKERS ----------------------------------------------------------------------- 137 SF E DELI KITCHEN _ I _ a w�J L T J 7 F - L J MECHANICAL EQUIPMENT -------------------------------------------------------------------- 900 SF o =?a >> k { L IF , (E) STORAGE x L _ _ J I ACCESSORY SPACES, EXTERIOR WALLS & INTERIOR WALLS ----------------------------------------------- 982 SF J3 o L J L _ _ J (E) SER 1. ICE n 11 E) MEAT I� �7 <�o DELI COpLER IL J FREEZER �z 1� TOTAL 2,254 SF � � LJLJI- - � . L � �� L JI wvl ® (E) SEAFOOD (E) MEAT J J BUILDING AREA GRAND TOTAL 35,ssz sF r IJ (E) DAIRY �% a - Q �� - � 1 � I - - - - 1 - z www LJ COOLER l/ � _ _ _ = _ _I_ _ � � _ _ - - - - - � - - - NEW OUTDOOR DINING 700 SF (E) SERVICE �I C (E) SEAFOOD SALES (E) MEAT SALES x DELI �I T T w n� n 1 - 1 -L - NOTE I: EAT * NO NEW BUILDING SQUARE FOOTAGE HAS BEEN ADDED TO PREVIOUSLY PERMITTED BUILDING AREA. aQoz ���� �zzg J (E) DAIRY SALES X � 71XII wwa I I L - -I- - � � 74 ��Nz� PLUMBING FIXTURE ANALYSIS ¢wzw (E) DELI L -- J _ - me_W wa III SALES - - �i REQUIRED PLUMBING FIXTURES. PER 2013 CPC TABLE 422.1 r m � � � -1 � � I L I I I I I �� °°r I m o =e=® 0 w o W�3= L J u �J �� L J J �� h �i : : :a M - MERCANTILE OCCUPANCY: 35,056 S.F./200 PER PERSON ----------------------- 176/2 = 88 M. AND 88 F. o z Y a za�w h� MALE: FEMALE: w 3 _J_ - - uo LU u LU aI - - r•I - -�� - ,1 3 WATER CLOSETS: 1: 1-100 1: 1-100 I� X I I URINALS: 0: 1-200 N/A II III c� L����L I I z=a LAVATORIES: 1: 1-200 1: 1-200 HH HI c III �� A2 - RESTAURANT OCCUPANCY: 1,336 S.F./30 PER PERSON ----------------------- 44.5/2 = 23 M. AND 23 F. o El MALE:MALE: FEMALE: CID owao � c '` III 2'�z III I�I� • WATER CLOSETS: 1: 1-50 1: 1-25 ow URINALS: 1: 1-200 N/A ACCESSIBLE SEATS ANALYSIS �oN= C HHI� II c� II III <� } c' �� III II �� � - LAVATORIES: 1: 1-150 1: 1-150 z��m �ZI�zNZ� REQUIRED ACCESSIBLE WHEELCHAIR SPACES. OQgow � — _ � III � � L J X - I II PER 2013 CBC TABLE 11B-221.2.1.1 Q Iowa 'i c h TOTAL OF OCCUPANTS (176 + 45) = 221 OCC. RESTAURANT SEATING AREA: 29 SEATS o =w f K �I (E) PRODUCE DRINKING FOUNTAIN: TOTAL OF OCCUPANTS 221. 1: 1-250. <�wW N C �� SEE DETAIL 3. o �= SALES AREA OCCUPANCY: M / A2. 2 SPACES REQUIRED. C7 agWQ ° c� III o Z n �z v c� �f /' 71 N o REQUIRED WATER CLOSET LAVATORIES URINALS DRINKING CIO n 2 SPACES PROVIDED. Z zo� o�� °° FOUNTAIN J °° MALE: 1 + 1 = 2 1 + 1 = 2 0 + 1 = 1 Z M o Ulm as �� s FEMALE: 1 + 1 = 2 1 + 1 = 2 -- 0- °° PATIO DINING AREA: 28 SEATS d �Z0z (E) WOLFGANG ❑ I`LL SEE DETAIL 3. r Qa�o PUCK EXPRESS �� � PROVIDED WATER CLOSET LAVATORIES URINALS DRINKING z�ww � FOUNTAIN 2 SPACES REQUIRED. m =_Ja �_ �L MALE: 4 2 1 �� L �� T c� �L W __ / 2 SPACES PROVIDED. d �I��I��I��I FEMALE: 4 3 1 HI LOW W a? o ❑ ��� c L LJ� _ FAMILY: 1 1 -- 0 �� CH �_ ��� II c� n - -� �7I�7I�7In71 w Lu w T77 <wo� SII III c _ __ _ 48" MIN. 30" o L -1 ' h (E) BAKERY / 7rl NOTE: U — _ SALES _ _ 2 I I CLEAR OF OBSTRUCTION uJ r � -L - i 1. EXTERIOR DOOR LANDINGS SHALL o - ro z I „ I „ BE PROVIDED WITH A LEVEL AREA 2 U (E) BAKERY d 36 12 SERVICE (E) BAKERY MIN. CLR. NOT LESS THAN 60' SQUARE AT A 14 14 a v e v e e i COOLER I I DOOR THAT SWINGS TOWARD THE Q WALK, AND NOT LESS THAN 48' o (E) LIQUOR II (M) SALES AREA i o STORAGE L H i WIDE BY 44" DEEP AT A DOOR _ _ _ L _ _ _ d q J y THAT SWINGS AWAY FROM THE m to ROOM - - - - - - // T // / ` oz / i WALK. ISA SYMBOL 9 w00U FT \ r L� L� L� L� L,i / i � � I 2. LEVEL AREA OF EXTERIOR WALKS ROUTED INTO TOP r/ _ p LI / (� - I SHALL EXTEND 24" TO THE SIDE 1 OF THE STRIKE EDGE OF A DOOR - — — — — — — — — — - - - - - - - E (E) LIQUOR (E) )KIOSK SE I ILII II III ILII i a a. M J F i M 11 THAT SWINGS TOWARD THE WALK. d 3 _ SALES AREA II i L - - - - - J 3 0 ® I T � - 3 O (E) I L _ _ - II L E) BAKERY PREP ROOM 18" CLR. INT. MIN. 3. DOOR ADDITIONAL INFORMATION, Z I II Li- - - - - - - -IZ - - u J u -1 _ 24" CLR. EXT. MIN. RE: DA-1, DA-2, DA-3 & DA-4 � s°E�r II L1= = = = = = = =IL - - - L� b b b b b'a In � (D-DOOR CLEARANCE I PATH OF TRAVEL TO SCALE: 1/4" = V-O" I m a F- I I r r RESTAURANT SEATING W r c v Lj[_A�f � �I m ❑0� m p ' r°-7 r � 0LDUCE BAR AREALi (E) OFFICE L � �O E COFFEE & I RESTRM. W RESTRM. _ _ 1 -_ _ I1II �L— I�_ ac u� Z / L®Jm L IIIIIII - - ) ACCESSIBLE ROOM E) BAKERY 01 30 19" POST EACH p I IIIIIII i RESTRooM r � ISA SYMBOL MIN. SIDE � L L� IIIIIII Y (E) BAKERY ORALE RMI (fl ^ � 0-5 � (E) CONCAREOURSE PATACCESS TRAVEL hill I III I� L - - - - - - " (E) OFFICE FREEZER L J ROUTED INTO TOP TABLE PLAN -4 SEATS Q LLJ / �� ❑,❑ ❑ ❑ I T RESTROOMS, TYP. �� I 30 19 J • � � � �� T — T — ` E FLORAL DEPT. POST EACH SIDE L S - O (IR STORE MIN. 0 U s . DIRECTOR'S (E) FLORAL OFFICE - - - - - 0 J = 0 I / �� I ( ( l COOLER r - ❑ Q - - - - - - - - - - - - - - 3 �, L J EXIT �1 1 EXIT F - -� - - TrL7 (E) OFFICE I(E) OFFICE - _ - -i Z ( LLJ (D - I T � � L1_ - m L J Z Of m I J I O Q0z xa z J Z Q 0 rn �, —2" DIA. POST J O a £ I � Q L ` I 1 == J M a 10 2"x2"x24" LG. FOOT ; CD Z i �: ❑ T ZE TO BE CL L- - - - - - - - - - -- - - - - - - �DEITERMIINED) 0 Vl ll{ ' t_0A Iy T a OVERALL FLOIOR PLAN NORTH 48°° MIN. 30" OPTION: EXPAN. BOLTS JOB�, CLEAR of TABLE OBSTRUCTION PLAN-2 SEATS TABLE SECTION LL � \ / z D SCALE 3/32 = 1 -0 _ _ _ _ _ _ _ _ _ _ _ 7863 R-17 G 4'-9" 33'-7" 54'-0" 54'-0" 33"-6" SHEET NO. � a 179,_10" ACCESSIBLE TABLES D C B A SCALE 3/4' = 1 '-0" Al . 0 OF SHEET PRINTED: 09 Feb 2016 PRELIMINARY DATE : 02-09-16 9° PA2015-214 Attachment No. PC 11 - Project Plans uu wz L- L � i' r Nr y L —ISI W�4 II I II 4 � � o <0ru0z L J II Wo� in � 00 � _ T.O. GLASS — � � I- - - ¢L J > M rn W��NZ KEY NOTES: � - - - - - - z a v I L - - - - - - - - - - - - - - - - - - - - - =oz (D CMU LOW WALL \ \ L > o L- L - - - - - - - - - - - - - - - - - - - - J- -1 \ \ o z jz� O EXISTING CONC. PAVERS, TO REMAIN IoW 3 3/8" THICK TINTED TEMPERED GLASS 1 w ZUtt O _ _ _ ZQ <�� ® STONE VENEER 4zz (E) COFFEE/JUICE (E) SALES AREA o 2'-6" 00 T.O. WALL CAP PREP AREA 1 wig i W L, . - - _ PATIO DINING AREA II i L-- A SIDEWALK uL -LJ I n � 1 1LJ- JI ���1 [ II j1 11 LJ L LI- - -❑ A L — — L I 11 7 24'-5" 5'-0" � � � II Z�J �F �i (E) COFFEE/JUICE SERVICE AREA IL -1I UZ 1 _ r �� _ IIS - - - �� o �� — II - -i — w — I I\ II� � r= - - - _— — I IL =U'Qo- Ew,z ° LIL / �—L Planning Commission - September 22, 2016 Item No. 3a Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Subject: FW: Gelson's proposed restaurant/employee parking concerns From: Wisneski, Brenda Sent: Wednesday, September 21, 2016 4:54 PM To: 'Corena Dusek' Cc: Campbell, James; Palmer, Cassi; Biddle, Jennifer Subject: RE: Gelson's proposed restaurant/employee parking concerns Thank you. Your comment will be distributed to the Planning Commission for their consideration. Brenda Wisneski From: Corena Dusek [mailto:cdusek@yahoo.coml Sent: Wednesday, September 21, 2016 2:36 PM To: Wisneski, Brenda; Campbell, James; Palmer, Cassi Subject: Re: Gelson's proposed restaurant/employee parking concerns Ms. Wisneski; I have observed that Gelson's employees are parking in this same area, on Crown Drive adjacent to Newport Harbor Lawn Bowling. If Gelson's proposed restaurant is given a CNB Permit, where will the employees working in this restaurant park? Both Gelson's and Roger's employees are now parking along Crown Drive all the way down to Ebbtide Road, which leaves no room for lawn bowlers/tennis players/pickle ball players to park when the parking lot is full. The people using the City Tennis and Lawn Bowling facility then park inside Broadmoor Hills, and then these residents have no space for their own guests/gardeners/ contractors/etc., to park. My suggestion is that before approving Gelson's Tapas Wine Bar Restaurant, the CNB should have a written agreement that states exactly where provisions have been made for their employees to park, whether in an adjacent church parking lot on Pacific View Drive, or elsewhere, so that Crown Drive isn't so heavily impacted. Regarding Roger's employees parking on Crown Drive and Ebbtide Road, my suggestion is to revive the promise made by Roger's owner to rent space in a church parking lot on Pacific View Drive for his employees to park, and relocate Roger's employee parking off of Crown Drive. Thank you, Corena Dusek From: "Wisneski, Brenda" <BWisneski(a)newportbeachca.gov> To: 'Corena Dusek' <cdusek(@yahoo.com>; "Campbell, James" <JCampbell(a)newportbeachca.gov> Sent: Tuesday, September 20, 2016 4:36 PM Subject: RE: Gelson's proposed restaurantlemployee parking concerns Ms. Dusek, i Planning Commission - September 22, 2016 Item No. 3a Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Thank you for providing this additional background for Roger's Garden. I will forward this information to Cassi to aid in in enforcing the Roger's Garden Use Permit. In that the below comment pertains to Roger's Garden, is there an issue with Gelson's that you would like to forward to the Planning Commission? Brenda From: Corena Dusek lmailto:cdusek@yahoo.coml Sent: Tuesday,September 20,2016 4:30 PM To: Wisneski,Brenda; Campbell,James Subject: Fw:Gelson's proposed restaurant/employee parking concems Hello Ms. Wisneski and Mr. Campbell; Please include all of my comments below in your informational packet to the Planning Commission. At the time that Roger's Gardens restaurant was granted its Permit, the owner stated that he had an arrangement for employee parking at a church parking lot behind Lincoln School. Perhaps that arrangement could become activated so that the employee parking can leave Crown Drive, and this area can revert back to overflow parking for the City Lawn Bowling and Tennis/Pickle Ball facility. Thank you very much, Corena Dusek Ms. Dusek, Your request will be assigned to Code Enforcement Officer Cassi Palmer. Cassi will contact you if additional information is needed. for now, can you answer the following questions if possible: 1. Is there a time that the employee shuttle generally runs such as mornings, late afternoons, etc? The shuttle runs during Roger's Gardens business hours. 2. How do you know its an employee shuttle for Rogers? Because I have witnessed (1) Roger's Gardens employees dressed in khaki-colored pants and black shirts which is their uniform, embarking into the shuttle while the vehicle was parked in a "No Parking" zone on the West side of Crown Drive, (2) the vehicle parked in front of 1132 Ebbtide Road with a Roger's employee sitting in the driver's seat, and(3) the same vehicle pulling into the Roger's Gardens parking lot. 3. How do you know these are employees of Rogers and Gelson's? Besides what is stated above, I have witnessed employees of Gelson's parking in this same area. They wear Gelson's logo shirts, and some are also wearing aprons. 4. Do you happen to have pictures of any of the vehicles in question? I do not have any, but could certainly take some for you this week. Thank you for your help. Cassi will follow up with you. Matt Cosylion By: Corena(user) 9/19/2016 8:32:27 PM Type: Details Hello! A business license for Roger's Gardens "Farmhouse" restaurant was recently granted, even though 1 2 Planning Commission - September 22, 2016 Item No. 3a Additional Materials Received spoke at the meeting, expressing concerns about 4sj%j? t (PA2015-214) neighborhoods. I wish to report that both Roger's Gardens and Gelson's employees vehicles have now taken up the entire length of Crown Drive North, and are now parking in front of homes in Harbor View Hills on Ebbtide Road. It is not even the Halloween or Christmas sales seasons yet, and I cannot imagine how much worse it is going to get. Roger's is running an employee shuttle vehicle which is a Mercedes Sprinter van that is white with burgundy lower trim. This vehicle is doing unsafe U-turns on Crown Drive, often holding up traffic. Since Roger's and Gelson's employees have taken up this street parking area, the overflow vehicles from citizens wishing to use the Lawn Bowling facility, or play tennis/pickle ball, are forced to park inside Broadmoor Hills, taking up the spaces in front of private residences. All parties are upset and inconvenienced! And now, Gelson's has applied for a permit to open a wine bar/restaurant, so where are these additional employees going to park?! Please forward this e-mail to the person in charge of business permits, so that I along with my neighbors, can be in e-mail contact with the correct person at the City. We all pay huge amounts of property taxes to live here, and it is not right that our parking is being infringed. This also presents a significant hassle for the lawn bowlers and tennis players to have to park so far away from their destinations. Thank you! I got a notice in the mail from the CNB stating that Gelson's is seeking a permit to open a wine bar/restaurant, and the public comment will be held September 22 at 6:30 p.m. in City Council Chambers. I spoke out against the Roger's Gardens restaurant permit application during their public comment meeting, stating that they use Crown Drive North for employee parking, and this is a residential neighborhood. With Roger's and Gelson's using up all the Crown Drive parking, it pushes the vehicles of the lawn bowlers and tennis players into Broadmoor Hills. It looks like Roger's Gardens employee parking now extends down Crown Drive to Ebbtide. They are running an employee shuttle, which is a white Mercedes Sprinter Van with burgundy- colored lower body color. The number of employees who are parking on Crown Drive can only get more numerous for Halloween and Christmas! And how much more parking intrudes into our neighborhood if Gelson's gets their restaurant permit?! I plan to be at the meeting. Best wishes, Corena 3 Planning Commission - September 22, 2016 Item No. 3b Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Subject: FW: Gelson's new restaurant on San Miguel From: Wisneski, Brenda Sent: Wednesday, September 21, 2016 4:49 PM To: 'Margaret Lai' Cc: Campbell, James; Biddle, Jennifer Subject: RE: Gelson's new restaurant on San Miguel Thank you. Your comment will be distributed to the Planning Commission for their consideration. Brenda Wisneski,AICP Deputy Community Development Director (949) 644-3297 City of NeWuort Beach Plannin¢Division 100 Civic Cents Drive I Newport Beach,CA 92660 A responsive,kiowledgeable zeam ofpmfessionalsguidingcommunify developmmtm the pubhcimemst. From: Margaret Lai [mailto:maroarethmlColamail.coml Sent: Wednesday, September 21, 2016 4:39 PM To: Campbell, James; Wisneski, Brenda Subject: Gelson's new restaurant on San Miguel Dear Mr. Campbell and Ms. WIsneski: I live on Ebbtide. There are cars of employees from Gelson's and Roger's Gardens parked on our street and Crown north already. This is a residential area with limited parking for ourselves and our guests. Employees of any commercial outfits should not be parking on a regular basis on in front of our homes. It would be irresponsible for the City of Newport Beach or Gelson/s to open another business facility before the parking issue is taken care of. Best, Margaret Lai 1 Planning Commission - September 22, 2016 Item No. 3c Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Subject: FW: Concerns about Gelson's Expansion From: Wisneski, Brenda Sent: Thursday, September 22, 2016 7:21 AM To: 'Judy Bernstein' Cc: Biddle, Jennifer; Campbell, James Subject: RE: Concerns about Gelson's Expansion Thank you. Your comment will be forwarded to the Planning Commission for their consideration. Brenda Wisneski,AICP Deputy Community Development Director (949) 644-3297 City of NeWuort Beach Planninx Division 100 Civic Cents Drive I Newport Beach,CA 92660 A responsive,knowledgeable zeam ofpmfessionalsguidingcommunify developmmtm the pubhcimemst. From: Judy Bernstein [mai1to:iudvbb12Ca1amail.coml Sent: Wednesday, September 21, 2016 9:28 PM To: Campbell, James; Wisneski, Brenda Subject: Concerns about Gelson's Expansion Dear Planning Commission, There is an over abundance of parking occurring along Crown Drive. Roger's Gardens lost parking spaces due to the FannHouse Restaurant, and increased customer services, causing their employees to park all along Crown Drive. I understand they use a shuttle bus to bring their employees to and from their cars. Occasionally, they park Roger's Gardens trucks along Crown Drive. Gelson's employees also park along Crown Drive. The shortage of employee parking at these 2 businesses causes employees to park into our neighborhood, Broadmoor Hills. It is also crowded and unsightly along Crown Drive. I have no objection to Gelson's proposed expansion, but it is timely to bring your attention to the parking issues these neighboring businesses bring which impact our quiet, little,neighborhood. These businesses should have a plan to provide parking, other than imposing into our neighborhood streets. Thank You, Judy Bernstein 1 Planning Commission - September 22, 2016 Item No. 3d Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Subject: FW: GELSON'S SUPERMARKET CONDITIONAL USE PERMIT (PA2015-214) From: Jan Landstrom<janmlandstrom(d),gmail.com> Date: September 22, 2016 at 12:07:51 PM PDT To: Beth Hallett<bethhallett(a,gmail.com> Cc: Jane Hsu<jane.hsu(dcox.net>, <JCampbell(&newportbeachca.gov>, <BWisneskignewportbeachca.gov>, Dan Trevino <DTmCA&aol.com>, Margaret Lai <margarethmind,gmail.com>, Greg Hansen<gregmhansenna,gmail.com>, Paul Fruchbom <pfruchbom(a kdfcommunities.com>, Debra Allen<debraeallen(a-),yahoo.com>, "Barry Allen" <barryla(a,mail.com>, Corena Dusek<cdusek(dyahoo.com> Subject: Re: GELSON'S SUPERMARKET CONDITIONAL USE PERMIT (PA2015- 214) Dear Mr. Campbell and Ms. Wisneski, I stand beside the emails from Jane Hsu and Beth Hallett. We have been used to having Rogers Gardens employees parking on these streets during the holidays.... understandably so. However, it now seems to be more permanent. With Gelson's and their request to expand their services, the parking situation needs to be resolved. Thank you for your consideration of this matter. Jan Landstrom On Thu, Sep 22, 2016 at 10:52 AM, Beth Hallett<bethhallettkemail.com>wrote: Dear Mr. Campbell and Ms.Wisneski, I live at 1115 Ebbtide Road, next door to Jane Hsu (who wrote to you last night- her email is below), and I share her concerns regarding Gelson's employees parking on Crown, in Broadmoor and in Harbor View Hills. Gelson's needs to find another solution to its parking issues. Best regards, Beth Hallett On Wed, Sep 21, 2016 at 8:33 PM, Jane Hsu<jane.hsukcox.net>wrote: Dear Mr. Campbell and Ms. Wisneski, t Planning Commission - September 22, 2016 Item No. 3d Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) My name is Jane Hsu and I live on 1121 Ebbtide Road, Corona Del Mar, CA in the Harbor View Hills community. Recently, we have been experiencing "parking creep" onto our private residential street in front of our houses due to the Roger's Gardens employees parking off site. This is troubling since there is more traffic and shuttles that are going up and down Crown and Ebbtide to drop off and pick up employees for Roger's Garden. Gelson employees are already parking on crown and with the additional permit application for a wine and tapas bar, there will be more need for off site parking for the businesses in the Harbor View Shopping Center. I would suggest that if these commercial businesses are expanding, they should build a parking structure on their property to accommodate for the additional traffic they are trying to create. It is not appropriate nor the intended purpose for the residential streets of Harbor View Hills or Broadmoor to bear the congestion created by commericial business activity. A viable plan to accommodate for additional parking should be addressed by any commercial businesses trying to expand within the confines of their private property. Respectfully, I would like to submit this concern to the Planning Commission in considering the Gelson's permit application. Also, I will be in attendance at the Planning Commission meeting tomorrow at 6:30. Please feel free to contact me with any questions about this concern. Thank you. Kind Regards, Jane Hsu 2 Planning Commission - September 22, 2016 Item No. 3d Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Subject: FW: GELSON'S SUPERMARKET CONDITIONAL USE PERMIT (PA2015-214) From: Beth Hallett<bethhallettna,email.com> Date: September 22, 2016 at 10:52:09 AM PDT To: Jane Hsu<jane.hsu(iDcox.net> Cc: <JCampbell(a)newportbeachca.gov>, <BWisneski(&newportbeachca.gov>, "Jan Landstrom" <janmlandstromgIzmail.com>, Dan Trevino <DTinCAgaol.com>, Margaret Lai <margarethml0,email.com>, Greg Hansen<g_regmhansenna,¢mail.com>, Paul Fruchbom <pfruchbom(akdfcommunities.com>, Debra Allen<debraeallen(q-),yahoo.com>, Barry Allen <barrYla(a,mail.com>, Corena Dusek<cdusek(dyahoo.com> Subject: Re: GELSON'S SUPERMARKET CONDITIONAL USE PERMIT (PA2015- 214) Dear Mr. Campbell and Ms. Wisneski, I live at 1115 Ebbtide Road, next door to Jane Hsu (who wrote to you last night- her email is below), and I share her concerns regarding Gelson's employees parking on Crown, in Broadmoor and in Harbor View Hills. Gelson's needs to find another solution to its parking issues. Best regards, Beth Hallett On Wed, Sep 21, 2016 at 8:33 PM, Jane Hsu<jane.hsu(a,cox.net>wrote: Dear Mr. Campbell and Ms. Wisneski, My name is Jane Hsu and I live on 1121 Ebbtide Road, Corona Del Mar, CA in the Harbor View Hills community. Recently, we have been experiencing "parking creep" onto our private residential street in front of our houses due to the Roger's Gardens employees parking off site. This is troubling since there is more traffic and shuttles that are going up and down Crown and Ebbtide to drop off and pick up employees for Roger's Garden. Gelson employees are already parking on crown and with the additional permit application for a wine and tapas bar, there will be more need for off site parking for the businesses in the Harbor View Shopping Center. I would suggest that if these commercial businesses are expanding, they should build a parking structure on their property to accommodate for the additional traffic they are trying to create. It is not appropriate nor the intended purpose for the residential streets of Harbor View Hills or Broadmoor to bear 1 Planning Commission - September 22, 2016 Item No. 3d Additional Materials Received the congestion created by commericial (PA2015-214) additional parking should be addressed by any commercial businesses trying to expand within the confines of their private property. Respectfully, I would like to submit this concern to the Planning Commission in considering the Gelson's permit application. Also, I will be in attendance at the Planning Commission meeting tomorrow at 6:30. Please feel free to contact me with any questions about this concern. Thank you. Kind Regards, Jane Hsu 2 Restaurant in ( elson"s s A V. pi ra \ r ... J Zt V \ Planning Commission Public Hearing September 22, 2o16 (PA20'C Introduction Gelson 's Restaurant with Beer& Wine (PA2015-214) Conditional Use Permit No. UP20i5-048 166o San Miguel Drive * Restaurant with beer & wine, and instructional ABC licenses ■ 636 sf interior dining and 700 sf outdoor patio ■ Converts existing coffee/juice bar with seating 57seats, Zs: oo a . m . to g : oo p . m . hours ■ Parking waiver ( 26 spaces) 09/22/2oi6 Community Development Department- Planning Division 2 a . . Vicinity Map r 1 Hills Site Photograpns Wiw1 . , , 1r1 �/� � ,� . Site Plan a Cq �P GiF00.N SNry NiGUEI IXiIVF _ IJam IhhI' EXISTING HOP _^ BUILDING I I i EXISTING A a I. pPARKING LOT TO REMAIN, s� EXISTING NO WORK REQUIRED (NIC) PARKING LOT TO REMAIN, NO WORK-REQUIRED (NIC) — . -__________________________ _______ _____ _ _ __ ------------- w lee r+Ew ourooc, _ :Ess m- ro au EXIT 0.Nd!-RFWaiFD oar \ \ Darn Exmr EXISTING 35,692 S.F. �\ EXISTINGRESTAURANT BAR SEATING @ .SII SHOP •^-•�• aRv/o T OUTDOOR DINING PATIO �� \ .I XBUILDING �• ESHOPG ESHOPG GE�LSSON'S I,I XBUILDING BUILDING T H E j%7�IM A R K E T Y I � v FAS11Na oar R i &MT MP coxc. rAtxw�r a oar NIJI __ __ _y�r__ og/22/2oi6 Community Development Department- Planning Division 5 Floor plan ?. C �P T. GOGA O nmm S � � r^r III 1` �ra� eemmu�e /nom r. o n \1 W W% W/ GLASS ABOVE SECTION .. 3 6&W W% W/ GLVEASS ABOELEVATION � FSI XA LE �� w- R ` m Bio `w siu.w.nmw AOA,By AR COUNTEREED RESTAURANT/ VANE BAR & PATIO «a.m41 " MIURY . 09/22/2oi6 Community Development Department- Planning Division 6 Neighborhood Parking ' Roger's Gardens \ � A At wik\ jet- W 1' �•f.t , Lawn C ' . \ 40 zowli Applications ti: (PA201_ '= Parking utilization analysis shows adequate parking availability Percent utilization of 281-space parking pool will increase from 82% to 88% ( high but functional) Gelson 's employees park off-site at church on Pacific View Exempt from CEQA 09/22/2oi6 Community Development Department- Planning Division 8 1 t 1• *• 1 f 1 T r I For more information contact: James Campbell, Principal Planner 949-644-3210 Jcampbell@riewportbeachca.gov www.newportbeachca.gov