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3.0_Jan's Health Bar Conditional Use Permit_PA2016-141
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 8, 2016 Meeting Agenda Item No. 3 SUBJECT: Jan's Health Bar Conditional Use Permit (PA2016-141) 3021 E. Coast Highway#A Conditional Use Permit No. UP2016-037 APPLICANT: Poppy Holguin of Jan's Health Bar OWNER: Chip E. Morris Smith PLANNER: Chelsea Crager, Assistant Planner (949) 644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY A conditional use permit to establish a 1,243-square-foot restaurant, Jan's Health Bar, with 410 square feet of net public area in a vacant space within a shopping center. The restaurant would have a maximum of eight employees onsite at one time . Proposed hours of operation are 8:00 a.m. to 6:00 p.m. Monday through Saturday and 8:00 a.m. to 5:00 p.m. on Sunday. There will be no alcohol, live enterainment, or dancing. Also included is a request to waive 4 parking spaces. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ approving Conditional Use Permit No. UP2016-037 (Attachment No. PC 1). 1 V� QP �P Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 2 VICINITY MAP Q° 0 F J� P F� Subject ' Property a� r .Sg y '4 .K• ._.ate v � � moi# jI Y� j GENERAL PLAN ZONING Jelf q q� 9 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITECC Corridor Commercial CC Commercial Corridor Commercial center CC (Corridor Commercial) CC (Commercial Corridor) Cmercial center and two- NORTH and RT (Two-Unit and R-2 (Two-Unit [ omn Residential Residential it residential dwellings SOUTH CC Corridor Commercial Zonina District Grocery store EAST CC Corridor Commercial CC Commercial Corridor Restaurant WEST RT (Two-Unit Residential) R-2 (Two-Unit Residential) Two-unit residential dwellings 3 Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 3 INTRODUCTION Project Setting The tenant space is located in a shopping center at the intersection of East Coast Highway and Iris Avenue in Corona del Mar. The shopping center also has frontages on First Avenue and Jasmine Avenue. The property is developed with two one-story buildings containing 25,333 square feet of commercial uses and 71 parking spaces, including two ADA spaces. Other uses in the center include a Smart and Final grocery store, two restaurants, dry cleaners, a Verizon retail store, and Orange Theory Fitness (fitness facility), which is expected to open in February 2017. Surrounding uses include one and two-unit residential dwellings along Iris Avenue, First Avenue, and Jasmine Avenue. Commercial uses, such as retail stores and restaurants, are along East Coast Highway. On-street parking is free; however, there are one-hour time restrictions on East Coast Highway and Jasmine Avenue. There is a municipal parking lot located on Bayside Drive walking distance (approximately 750 feet) from the tenant space. Project Description The applicant requests a conditional use permit to establish a 1,243-square-foot restaurant with 410 square feet of net public area, Jan's Health Bar, in a currently vacant space and to waive four of the nine parking spaces required to accommodate the use. The restaurant specializes primarily in juices, smoothies, sandwiches, soups, and salads. The restaurant would have a maximum of eight employees at one time and proposes a floor plan that includes 14 seats and a counter for ordering. Proposed hours of operation are 8:00 a.m. to 6:00 p.m. Monday through Saturday and 8:00 a.m. to 5:00 p.m. Sunday. Background On August 7, 1975, the Planning Commission approved Use Permit No. UP1761 to permit the establishment of a restaurant (now Gina's Pizza) at the subject property. The Commission also waived all required parking spaces with this approval. On December 8, 1986, the City Council approved Use Permit No. UP3235 to permit the establishment of another restaurant (now La Fogata) at the subject property and waived 21 of the 26 required parking spaces. On June 14, 1999, the City Council approved Use Permit No. 3650 for an interior remodel of and mezzanine addition to the grocery store at 3049 East Coast Highway, which shares parking with the proposed use. This approval included a waiver of off- street parking requirements with the conditions that the owner of the market provide annual parking permits to all employees and direct employees to park in the municipal lot on Bayside Drive before 7:00 p.m. and onsite after 7:00 p.m. Also included as a 4 Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 4 condition of approval was a requirement that 75 parking spaces be provided in the shared parking lot. Since this approval, the number of on-site spaces has been reduced from 75 to 71 to accommodate larger required Americans with Disabilities Act (ADA) spaces and a trash enclosure. On October 6, 2016, the Planning Commission approved Use Permit No. UP2016-031 for a fitness facility (Orange Theory Fitness) at the subject property and waived two of the 14 required parking spaces. The subject tenant space is currently vacant and was previously occupied by a bank. A summary of the existing parking demand at the center is provided in Table 1. Table 1 Shopping Center Parking Business Area Square Feet Parking Required Parking Waived Smart and Final 19,842 91 9 (UP3650) (grocery store) Gina's Pizza 1,278 0 17 (UP1761) restaurant La Fogata 1,181 5 21 (UP3235) (restaurant) Pacific Shores Cleaners (dry 1,202 5 0 cleaners Verizon retail 2,246 9 0 Orange Theory 2,783 12 2 (UP2016-031) fitness facility Jan's Health Bar 1,243 4 (proposed) 4 (proposed) (proposed) TOTAL 126 53 DISCUSSION Analysis Consistency with General Plan/Coastal Land Use Plan/Zoning Code The subject property is designated Corridor Commercial (CC) within the Land Use Element of the General Plan, Corridor Commercial (CC-B) within the Coastal Land Use Plan, and is located in the Commercial Corridor (CC) Zoning District. These designations are intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 5 Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 5 The restaurant is consistent with these designations because it will provide a service to the neighborhood. Food service uses are permitted in the CC Zoning District within 500 feet of a residential zoning district with the approval of a minor use permit (MUP). The project requires approval of a conditional use permit (CUP) to waive the parking required for the new use. The applicant has requested operating hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday and 8:00 a.m. to 5:00 p.m. on Sunday, however staff has included a condition of approval allowing operating hours of 8:00 a.m. to 9:00 p.m., daily. This will allow the current operator and any future operator flexibility and ability to offer dinner service without an amendment to the use permit. Off-street Parking In accordance with Section 20.40.060 (Parking Requirements for Food Service Uses), the off-street parking requirement for food service uses may be established within thirty (30) to fifty (50) square feet of net public area based upon physical design characteristics, operational characteristics, and the location of the establishment. In this case, staff is calculating the parking requirement at a rate of one space per 50 square feet of net public area based on the neighborhood's mixed-use characteristics and the high-turnover operating characteristics of the restaurant. Nine parking spaces are required for the proposed use at the parking rate of one parking space per 50 square feet of net public area. Since the shopping center does not provide the required parking for its current tenants, it is considered nonconforming. In accordance with Section 20.38.060 (Nonconforming Parking) of the Zoning Code, the use may be changed without providing additional parking, provided the new use requires no more than one space per 250 square feet of gross building area. If the new use requires more parking, the new use must provide the additional parking equal to a difference between the two. In this case, there is a five space credit under this provision based on the 1,243-square-foot tenant space. Therefore a reduction in the off-street parking requirement of four parking spaces is necessary. In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements), the Planning Commission must consider whether sufficient data is provided to indicate 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) in conjunction with a parking management plan to approve a reduction on required parking. In August 2016, a parking study was prepared by Trames Solutions Inc. for the subject shopping center which provides half-hourly counts of parking spaces available on-site and on the surrounding streets (Attachment No. PC 4). The scope of the study and report has been reviewed by the Public Works Department. The parking study showed that at peak weekday times (12:30 p.m. and 1:00 p.m.), there were 33 spaces available, including 14 on-site. At the peak weekend time (1:00 p.m.), 0 Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 6 there were 28 spaces available, including 14 on-site. The findings of the parking study and the number of available parking spaces at peak times suggest that actual parking demand is lower than the Code requirement and that adequate on-site and on-street parking is available to accommodate the proposed restaurant. In addition to the on-site and street parking considered in the parking study, there is a municipal lot located on Bayside Drive approximately 750 feet from the subject tenant space developed with 53 spaces. It should be noted that the parking counts were taken at a time when there were two vacant spaces at the center, including the subject space. One space has since been approved to operate as a fitness facility. However the conclusions of the submitted parking study assume that both vacant spaces at the subject property will be occupied with the approved fitness facility use (requiring 12 spaces) and the proposed use. Staff recommends a condition of approval that requires the business owner to purchase annual parking permits for employees, which will allow them to park in the Bayside municipal lot. This condition and purchase of parking permits would constitute a parking management plan. The relocation of up to eight employee vehicles in the municipal lot would assist in meeting the needs of the additional parking demand and minimize impacts to the neighborhood. Conditional Use Permit Findings The requested reduction in parking requirement requires approval of a conditional use permit, and the establishment of a restaurant within 500 feet of a residential zoning district in the Commercial Corridor Zoning District requires approval of a minor use permit. Pursuant to Section 20352.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a minor use permit or 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 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; and 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 7 Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 7 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. Staff believes that sufficient facts exist in support of each finding. The restaurant is consistent with the Commercial Corridor (CC) General Plan Land Use Designation and Zoning District in that it will provide a service to the community. It is compatible with surrounding uses permitted in the CC Zoning District, including existing retail stores, a fitness facility, and restaurants within the center. Additionally, the parking study demonstrates that there is available parking on-site and on the surrounding streets to accommodate the proposed use and the Code-required 4 parking spaces Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). Environmental Review The project qualifies for a Class 1 (Existing Facilities) categorical exemption, per Section 15301 of the California Environmental Quality Act (CEQA). This exemption allows for the operation, repair, maintenance, and minor alteration of existing buildings. The proposed business is located within an existing building where only interior alterations are required to accommodate the new use. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this hearing 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. 8 Jan's Health Bar Conditional Use Permit Planning Commission, December 8, 2016 Page 8 Prepared by: Submitted by: t-C Chelsea Crager, Assi tant Planner Br n a Wisnes i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Project Description PC 4 Trames Solutions Inc. Parking Study PC 5 Project Plans 05/26/16 9 V� QP �P 20 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 V� QP �P 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2016-037 FOR A RESTAURANT LOCATED AT 3021 EAST COAST HIGHWAY SUITE A (PA2016-141) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Poppy Holguin, with respect to property located at 3021 East Coast Highway Suite A, and legally described as Tract 323, Block H, Lots 1, 2, and 3, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to establish a 1,243-square-foot restaurant, Jan's Health Bar, with 410 square feet of net public area in a vacant space within a shopping center. Proposed hours of operation are 8:00 a.m. to 6:00 p.m., Monday through Saturday, and 8:00 a.m. to 5:00 p.m. on Sunday. There will be no alcohol, live entertainment, or dancing. Also included is a request to waive 4 parking spaces. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. A public hearing was held on December 8, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (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. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The proposed business is located within an existing building where only interior alterations are required to accommodate the new use. 13 Planning Commission Resolution No. #### Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses within 500 feet of a residential zoning district require the approval of a minor use permit within the Commercial Corridor (CC) Zoning District. In accordance with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements), off-street parking requirements may be reduced with the approval of a conditional use permit so long as the applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces or that other parking is available and a parking management plan is prepared in compliance with NBMC Subsection 20.40.110(C). In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The General Plan land use designation for this site is Corridor Commercial (CC). The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant is consistent with this designation because it will provide a service to the surrounding neighborhood. 2. The subject property is not a part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions in the Zoning Code and Municipal Code. Facts in Support of Finding: 1. The site is located in the Commercial Corridor (CC) Zoning District. The CC Zoning District is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant is consistent with land uses permitted by the CC Zoning District because it will provide a service to the surrounding neighborhood. 2. The proposed use will comply with all development standards. 3. A total of four parking spaces to accommodate this restaurant are waived with this approval. The reduction in the parking requirement is consistent with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements) based on the availability of off-street parking, on-street parking and a nearby municipal lot, for 05-26-2016 -4 Planning Commission Resolution No. #### Page 3 of 8 which the applicant will purchase permits. The available parking spaces at the shopping center shown in the submitted parking study indicate that the actual parking demand of the center is less than the code-required parking. A parking management plan has been prepared in compliance with NBMC Subsection 20.40.110(C). Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Retail uses such as restaurants are common in the vicinity along East Coast Highway and serve visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. 2. The proposed use is located within an existing shopping center and complements the existing mix of retail, service, and restaurant uses in the center. A bank previously operated in this location, and the space is currently vacant. 3. The shopping center abuts residential uses to the north and west; however, the tenant space faces East Coast Highway and a grocery store and there is no outdoor dining proposed. 4. The hours of operation for the restaurant will be from 8:00 a.m. to 9:00 p.m., daily. There are no late hours (after 11:00 p.m.) proposed. 5. A condition of approval has been included requiring the business owner to purchase parking permits on behalf of the employees to park in the municipal lot on Bayside Drive to help ensure adequate on-site and adjacent on-street parking is available. 6. The restaurant specializes primarily in juices, smoothies, soups, salads, and sandwiches and will provide a quick dining experience. It is expected that many patrons of the restaurant will also visit other establishments of the center. Finding: D. 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. Although the site does not provide the minimum number of off-street parking spaces on-site, there is additional parking available on nearby streets, as shown by the submitted parking study. Additionally, a condition of approval has been 05-26-2016 1-5 Planning Commission Resolution No. #### Page 4 of 8 included requiring the business owner to purchase parking permits on behalf of the employees to park in the municipal lot on Bayside Drive. 2. The proposed eating and drinking establishment is located in an existing multi- tenant shopping center that consists of two buildings and a 71-space surface parking lot. The mix of uses in the center is typical of a neighborhood shopping center and adequate vehicle and pedestrian circulation is provided. 3. Adequate public and emergency vehicle access, public services, and utilities are provided. 4. The tenant improvements at the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. 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 project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 2. A restaurant is a common service use that can be expected within retail/commercial shopping centers such as the subject shopping center. 3. The proposed restaurant will serve the surrounding residential community. This provides an economic opportunity for the property owner to update the tenants and services to best serve the surrounding residential community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-037 (PA2016-141), 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 05-26-2016 10 Planning Commission Resolution No. #### Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF DECEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 05-26-2016 Planning Commission Resolution No. #### Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 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 provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Use Permit No. UP2016-037 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. There shall be no outdoor dining. 6. The hours of operation for the eating and drinking establishment shall be limited to the hours between 8:00 a.m. and 9:00 p.m., daily. 7. The Parking Management Plan, per Zoning Code Section 20.10.110(C), shall consist of the purchase eight annual parking permits for employees to park at the Bayside Drive municipal parking lot. 8. 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 Use Permit. 9. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 11. 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. 05-26-2016 12 Planning Commission Resolution No. #### Page 7 of 8 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. The project and all tenant improvements must comply with the most recent, City-adopted version of the California Building Code. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. Between the hours of TOOAM Between the hours of and 10:OOPM 10:00PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 6OdBA 45dBA 5OdBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 19. 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 Jan's Health Bar Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2016-037 (PA2016-141). This indemnification shall include, but not be limited to, damages awarded against the City, if 05-26-2016 19 Planning Commission Resolution No. #### Page 8 of 8 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. BUILDING DIVISION 20. A Type I 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 (CFC) Section 609.2. 21. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type I hood shall be protected with an approved automatic fire- extinguishing system installed in accordance with this code. CFC Sec. 904.2.1. 22. Complete plumbing, mechanical, and electrical plans are required. 05-26-2016 20 Attachment No. PC 2 Draft Resolution for Denial 21 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2016-037 FOR A RESTAURANT LOCATED AT 3021 EAST COAST HIGHWAY SUITE A (PA2016-141) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Poppy Holguin, with respect to property located at 3021 East Coast Highway Suite A, and legally described as Tract 323, Block H, Lots 1, 2, and 3, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to establish a 1,243-square-foot restaurant, Jan's Health Bar, with 410 square feet of net public area in a vacant space within a shopping center. Proposed hours of operation are 8:00 a.m. to 6:00 p.m., Monday through Saturday, and 8:00 a.m. to 5:00 p.m. on Sunday. There will be no alcohol, live entertainment, or dancing. Also included is a request to waive 4 parking spaces. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. A public hearing was held on December 8, 2016 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (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. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses within 500 feet of a residential zoning district require the approval of a minor use permit within the Commercial Corridor (CC) Zoning District. In accordance with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements), off-street parking requirements may be reduced with the approval of a 23 Planning Commission Resolution No. #### Page 2 of 2 conditional use permit so long as the applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces or that other parking is available and a parking management plan is prepared in compliance with NBMC Subsection 20.40.110(C). The Planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Section 20.52.020(F) (Findings and Decision). 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 establishment of an eating and drinking establishment is not consistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits because there is insufficient parking for the proposed use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2016-037 (PA2016-141). 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF DECEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 05-26-2016 24 Attachment No. PC 3 Project Description 25 V� QP �P PA2016-141 � iSPECTRUM S P A C E D E S I G N I N C O R P E R A T E D July 27,2016 City of Newport Beach Planning Division 100 Civic Center Drive Newport Beach,California 92660 RE: Conditional Use Permit Jan's Health Bar 3021 E. Pacific Coast Hwy,Suite A Jan's Health Bar is applying to establish a 1,243 square foot restaurant, located at 3021 E. Pacific Coast Highway,on the south-west corner of Iris Avenue and Pacific Coast Highway,suite A.They will have a 511 square foot Dining area (maximum 34 occupants), a 644 square foot kitchen/Storage/Prep areas and 88 square foot restroom,as shown on the attached floor plan.The customers will also have access to the public restrooms on the north side of the building.Jan's Health Bar will have a maximum of 8 employees on any given shift with operating hours Monday through Saturday 8:00am to 6:00pm and on Sunday from 8:00am to 5:00pm. We believe Jan's Health Bar will be an asset to the community,providing fresh juices and smoothies,sandwiches, soups, salads,as well as vegetarian and vegan options.Currently located in Huntington Beach, Costa Mesa and Laguna Beach,Jan's Health Bar aims to promote a healthy lifestyle by providing affordable,fresh, high quality food with clean ingredients prepared in a simple manner,available every day. We are providing pictures of the exterior elevations and a site plan,depicting the existing 64 parking stalls and identifying all the buildings and tenants sharing the provided parking.We are proposing a bike rack for 4 bicycles,knowing that in this beach community,where many patrons will walk or bike to the site, rather than drive a car.We have also include a parking study prepared by Trames Solutions, Inc. We appreciate your time and consideration and ask that you grant approval for Jan's Health Bar to occupy this building without increasing the existing number of parking stalls. Respectfully submitted, Juanita Fotheringham,CCIDC 1800 EAST MIRALOMA AVENUE #D PLACENTIA CALIFORNIA 92870 (714)496-4185 juanita9spectrumspacedesign.net Fax (714)223-0663 27 V� QP �P �g Attachment No. PC 4 Trames Solutions Inc. Parking Study 29 V� QP �P 30 TRAMES SOLUTIONS INC . SanMaao,CA9069 Ste 400 (760) 291 - 1400 October 17, 2016 Ms. Poppy Holguin Jan's Health Bar 3012 E. Pacific Coast Hwy. #A Corona Del Mar, CA 92660 Subject: Jan's Health Bar Parking Study — Revised (JN 0273-0001) Dear Ms. Holguin: Trames Solutions Inc. is pleased to submit the following revised parking study for the proposed Jan's Health Bar development. It is our understanding that the project will consist of a 1,243 sf restaurant consisting of 410 square feet of public use area (See Attachment A). The site is located at 3012 East Coast Highway in the City of Newport Beach and is currently vacant. INTRODUCTION The proposed project consists of developing a restaurant within an existing shopping center that contains a variety of different uses (office store, restaurants, dry cleaning, etc.). The restaurant will employ approximately 8 staff members with operating times between 8:00 AM — 6:00 PM from Monday thru Saturday and 8:00 AM — 5:00 PM on Sundays. Currently, there are 71 parking spaces available on site (67 regular spaces and 4 handicap spaces). On-street parking spaces are also provided along the perimeter of the shopping center as follows based on a ratio of 1 parking space per 20 feet of curb length: Pacific Coast Highway (South Side Only) 1 Hr. Pkg. 8 spaces Jasmine Avenue (Both Sides) 1 Hr. Pkg. 11 spaces First Street (Both Sides) 12 spaces Iris Street (Both Sides) 16 spaces Total Off-Site 47 spaces The intent of the parking study is to determine the current parking demands and estimate the future parking demands based on the proposed project. Trames 0273-0001 31 Ms. Poppy Holguin Jan's Health Bar October 17, 2016 Page 2 The following scope of work represents the services conducted to evaluate the adequacy of the number of parking spaces at the current and proposed site. 1. Conducted parking counts between 5:00 AM to 8:00 PM on a weekday and between 6:00 AM and 6:00 PM on a weekend. 2. Identified the maximum number of occupied parking spaces based on the empirical counts. 3. Determined the project's parking demand based on the proposed square footage utilizing the City's parking demand rates. 4. Determined the parking demands based on other vacancies. CITY OF NEWPORT BEACH PARKING CODE REQUIREMENTS As indicated previously, the project is proposed to be located within an existing commercial center that has the following parking requirements: Verizon 9a 9p — 2,245 sf (1 space/250 sf) 9 sp La Fogata (Mexican restaurant): 11a - 9p — 1,181 sf 5 sp per UP 3235 Pacific Shores Cleaners: 7a-7p; Sat 9-5; Sun closed — 1,202 sf (1 space/250 sf) 5 sp Gina's Pizza: M-F 10a - 10p; Sa/Su 10:30-10:30 — 1,278 sf— 0 sp per UP 1761 Smart & Final: 6a - 100 — 15.400 sf (1 space/250 sf) 62 sp Total Spaces Required for Existing Uses 81 sp The following parking rate is based on the City of Newport Beach's Municipal Zoning Code for the use associated with the site: Restaurant = 1 parking space for each 40 sf of public area. According to the code requirements, the following number of parking spaces would be required for the proposed 1,243 sf restaurant consisting of 410 square feet of public use area: Restaurant = 11 spaces (11 spaces = 410 sf x 1 space/40 sf) PARKING SURVEY A parking count was conducted on Thursday, August 4, 2016 between the hours of 5:00 AM — 8:00 PM. A weekend survey was also conducted on Saturday, August 6, 2016 between the hours of 6:00 AM and 6:00 PM. Attachment B contains the empirical parking survey for the weekday and weekend time periods. The highest demand on the weekday occurred at 12:30 PM and at 1:00 PM with a total of 85 occupied spaces for an overall utilization rate of 72.0% (85 occupied stalls/118 Trames 0273-0001 32 Ms. Poppy Holguin Jan's Health Bar October 17, 2016 Page 3 total on and off site stalls). The 12:30 PM period had an on-site demand of 57 stalls which resulted in a utilization of 80.3% (57 occupied stalls/71 total on-site stalls). The offsite utilization was determined to be 59.6% (28 occupied stalls/47 total off-site stalls). Similarly, the 1:00 PM period has an on-site demand of 55 stalls which resulted in a utilization of 77.5% (55 occupied stalls/71 total on-site stalls). The off-site utilization was determined to be 63.8% (30 occupied stalls/47 total off-site stalls). The weekend had the highest demand of 90 occupied parking spaces occurring at 1:00 PM for an overall utilization rate of 76.3% (90 occupied stalls/118 total on and off site stalls). The 1:00 PM period had an on-site demand of 57 stalls which resulted in a utilization of 80.3% (57 occupied stalls/71 total on-site stalls). The off-site utilization was determined to be 70.2% (33 occupied stalls/47 total off-site stalls). Based on a supply of 118 parking spaces, a surplus of 28 parking spaces were available during the peak demand period. PARKING DEMAND BASED ON OTHER CURRENT VACANCIES The shopping center currently has an additional vacancy adjacent to the proposed project. This site is proposed to be a 2,783 sf fitness studio. Based on the City's parking code, a total of 14 parking spaces would be required for this use (14 spaces = 2783 sf " 1sp/200 sf). However, based on the approval by the Planning Commission on October 6, 2016, two parking spaces have been waived. Therefore, 12 parking spaces were required for the fitness studio. As indicated previously, the parking survey indicated that a total of 28 parking spaces were unoccupied during the peak time period. Assuming that the fitness studio would occupy 12 spaces, a surplus of 16 parking spaces would be available for the overall site. CONCLUSIONS Based on the City's parking code, the existing commercial center currently requires a total of 81 on-site parking spaces without the proposed restaurant and the adjacent vacancy (proposed Orangetheory fitness studio). With the addition of the proposed restaurant and fitness studio, a total of 104 on-site parking spaces would be required based on the City's code (81 currently required spaces + 11 for the restaurant + 12 for Orangetheory). The prior use had a parking ratio of 1 space per 250 square feet. This provided for a total of 5 parking spaces based on this ratio. Since the restaurant is using a 1 space/40 square foot of public space ratio, 11 spaces will be required. Therefore, a variance of 6 spaces is being requested. The commercial center provides for 71 on-site parking spaces with 47 off-site parking spaces on the adjacent streets. This results in a total of 118 available parking spaces. In order to determine the actual parking demands, empirical parking counts were collected during the peak weekday and weekend timeframes. It was determined that the peak parking demand occurred at 1:00 PM on a weekend. The counts indicate 90 out of the Trames 0273-0001 33 Ms. Poppy Holguin Jan's Health Bar October 17, 2016 Page 4 total 118 parking spaces were occupied (76.3% utilization rate). This results in an excess supply of 28 spaces. Since another on-site vacancy would potentially require 12 parking spaces, 16 parking spaces would be available. Based on the City of Newport Beach's parking code, the proposed project would require a total of 11 parking spaces. Therefore, assuming that the proposed project's parking demands occur concurrently with the shopping center's peak, there would still be an excess supply of 5 spaces (accounting for current demands and other on-site vacancies). The analysis presented above can be considered a conservative estimate of the site's parking demands for the following reasons: 1. The empirical data was collected during the month of August. The summer months are considered the busiest time of the year and therefore, the parking demands are typically higher during these months. 2. It is expected that many of the clients will walk or bike to the site — thereby reducing the need for parking spaces. 3. The parking analysis has assumed that the project is a standalone development and that no sharing of parking would occur. Since other compatible uses would be present, it is likely that customers would use the same parking space to patronize multiple businesses. If there are any questions regarding the analysis, please do not hesitate to call me at (949) 244-2436. Respectfully submitted, Trames Solutions Inc. �lQ(��QQq,pI�E rq' r©TT r n CST ZM mob x 0 �r Scott Sato, P.E. Senior Associate Attachment A— Site Plan Attachment B - Empirical Parking Data Trames 0273-0001 3.4 ATTACHMENT A SITE PLAN Trames 0273-0001 35 19'-3" N O M-1 � r m m I A z 0 C-0 A m C% y O O L L —� m O / \ 2 1 Z (D O � \ W ZJ N OITl L o cn-» o D - noC) n D D m � oz n O p m A n W FT'l N v c n Z C7 F— D D u u u u D o 0 0 0 ONOo � D .I ooN O = ? c O N O B� O O 0 O (/) n n n m N � N cn m o D � D I 0 II O 0 I I N � n I I n J �20'-3�-3" N 3C ATTACHMENT B EMPIRICAL PARKING DATA Trames 0273-0001 3� Q 40 N lD M lD n u1 M O V u1 N t0 N N u) u1 l0 n M t0 N 01 -T 41 00 M M V u1 u1 ON ti N N M M M M V R ut t0 n n 00 00 00 00 I, n l0 tD n n LD w n LO n T 00 Il 00 H 0) In L 1D O O O N N N M It V It a s V It' It' It M V N OJ � � O G � Q 0J C E a, L u1 O rl cH .-I cH cs ci N cH H N N N M M N N N M rH .A N rl N O O O c-I O O O O Z 01 N 00 N N M M C IT It In u1 In ID lD ID lD N u1 u1 l0 In N N On On r 00 00 ID lD ID tO O) Y N N v Y 0 0 0 0 c-I fV N M M M m M m M On N M M M LD fV IT fV IT N c-I M c-I N m m w v in Y 00 0 0 0 0 0 0 0 0 o N N On In H r-I M In H N In u1 c- N N O O N u1 On N t v 0 LU u w u m N a � 1n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y N W N N 01 In ul In l0 lD 1p Lf1 u1 lD l0 l0 n C, lO l0 lD l0 In l0 In V1 lD l0 lD u1 u1 l0 W W an I, a' Y n N N N It u) I, V1 Ul to In V1 u1 V1 I, 0 00 n N On n I, LD n lD n 00 On 00 00 I, n W d V -0 R 0 0 0 0 0 0 0 c-I N i--I N c-I N c-I M N N N N O c-I rl N e-I rl N O .--I O N O C O = J C Y N a 1� 0 V1 I1 lD to V1 W T n 91 ci J O O u1 C 4 C m u'1 m It O vi It O N LD u'1 nn b ry ,-I ti ti .-I ti ti N ti N m a a In �n v1 v1 a � m m v a a a � a a m � a v 0 0 N T O O O O O O O O O co O O O O O O O O O O O O O O O O O O O O O Q o o In o m o m o m o rn o m o m o m o m o m o m o m o m o m o m o -6 ... vi A is I k k o0 0o an of o o c-i .-I ry A A 06 a s ui A l 65 k rk oo 66 of of o C N f0 T q0 > E Q � N 0 V1 0 T E f0 J E Y O ? X aO L O CL U H 3�' Q *0 N N w m O lD W M N O V K M (D O M A I. D1 T O I, O N n O ON N N N N M M M Rr w w w P 00 00 m W 00 OO n n w N n w w m H 0J n t 1D O O O O ti .--i '-I N V V V V 7 m V V1 M V -zt M m m Md V N F' 7 O � Q v C_ E a, a m N L N m rH +m N N m 't m �t 't N m Y Q Z a � 00 tf1 tD lD lO tf1 d' i11 lD V1 V1 i11 d' tD lD lO V1 V1 d' N N N Ol Y N N Q) a_ N O m m m m m M m m co m m H N m In - M m Y m w O1 a n Y 00 0 0 0 ~ 0 0 0 0J t0 O u u w U D_ a_ `l o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y N W N a N cn m M M M M m M M M m 00 r 00 00 m 00 w W lO tD N 00 0! 01 7 C Q a_ N n M M M C 'Zt V V ✓1 I- lD LO n n n n n n n 00 r� n n r N 00 Y to to w CL vu v o 0 0 0 0 0 0 0 0 0 0 0 0 0 .� 0 0 c o = J 00 O Y (0 a L f0 P N N O O rH tD O N u, N vl in O C I, lD N of lO on ill l0 N of I, OO 0 N N cs rs N N M M M a ', a 0 G 0 C C V V V 1 M m w 0J O N a o o m o m o m o 0 0 m o 0 0 m o ro o 0 0 m o 0 0 0 0 to v c0 m : LD iD rl r, 00 00 of 0i o o N N m m v �f m m w w rl r, 00 i Q > ImD n D M C fO C a E Y 0 X Y to a U m 39 V� QP �P �o Attachment No. PC 5 Project Plans 41 V� QP �P PA2016-141 Attachment No. PC 5 -Project Plans w CONDITIONS OF APPROVAL 1Q THIS FACILITY TO COMPLY WITH CBC, SEC 118-202 TO BE REVIEWED BY BUILDING DIVISION ® PLAN CHECK SUBMITTAL (2) COMPLETE PLUMBING, MECHANICAL, AND ELECTRICAL PLANS WILL BE REQUIRED AT PLAN CHECK SUBMITTAL o 0 Cl) 03 A TYPE I HOOD SHALL BE INSTALLED AT OR ABOVE ALL z 5; w COMERCIAL COOKING APPLIANCES AND DOMESTIC o COOKING APPLIANCES USED FOR COMMERCIAL PURPOSES z THAT PRODUCE GREASE VAPORS. CALIFORNIA FIRE CODE VERIZON ® (CFC) SECTION 609.2. (N/A ONLY SANWICHES AND JUICE) ® EACH REQUIRED COMMERCIAL KITCHEN EXHAUST HOOD 7 N AND DUCT SYSTEM REQUIRED BY SECTION 609 TO HAVE ax I rn w rn A TYPE I HOOD SHALL BE PROTECTED WITH AN w APPROVED AUTOMATIC FIRE-EXTINGUISHING SYSTEM INSTALLED IN ACCORDANCE WITH THIS CODE. 5 CFC SEC. 904.2.1. (N/A) Lo ti Z w Z r7 \\ w 1 N X o 1..L W m < a \ \v W \v\ O F < � 0 w Q a W < z v> \� o W U N a Y < a ORANGE THEORY o 101- 0- (n Q o LIJ Q ® BIZ' 'a P Q ILL Ld p M` 3Et`i2X� 4'Os�. _ i l f F Q � CLIENT APPROVAL Subway43D12 Pacific 4i Coast Highway o DATE (E)CONC. SIDEWALK - ❑ - _Q dt', / a P a Girt.i s[pizza �1 ")a� 2/.01 Q W 4-8=!.F,0011.BIKE RACK BY "- hlp,: .Poryrvkcaidu4can/cd-hkrradc OR Eo. dge' - Crown Act Hardware ,�A \``yP� -'�. -.Ca�mna Del Mor - 't9 / CD i \• / U fy 14 - / Q 1 L� P �s' AJ� \,� °eQ , e��c 41 o�w Q l C_ W vz tj 0z Q 'eays�� LL O z 0 s001�" 976 G00g /¢/��� a, qQ r o O ^ 12 _J C� VICINITY MAP _ S� CURRENT PARKING TABULATION U W (� Z rZ 2 O SMART&FINAL 15,400 1/250 62 w VERIZON 2246 5246 1/250 CLEANERS 1,202 1/250 5 U W z O PIZZA 1,278 per CUP 0 F MEXICAN RESTAURANT 181 1/250 5 o O ORANGE THEORY 2,7783 1/250 14 JAN'S HEALTH BAR 1,243 1/250 5 0 C N O TOTAL STALLS REQ'D 100 a O TOTAL STALL PRONDED 71 rn 0 z a z PROJECT DATA w 0 THIS BUILDING IS; OCCUPANCY: B CONSTRUCTION TYPE: V-B, FULL Y-SPRINKLERED 2-STORY RETAIL BUILDING U W a SMART & FINAL 4 NO HAZARDOUS MATERIAL WILL BE STORED AND/OR USED WITHIN THE BUILDING, WHICH WILL EXCEED THE QUANTITIES LISTED IN CBC TABLES 307.1(1) AND 307.2(2). w zo•CALIFORNIA COUNCIL FOR z a 0 ALL MATERIALS AND WORKMANSHIP SHALL CONFORM TO THE: > C C ID C 2013 CALIFORNIA BUILDING CODE 2013 CALIFORNIA MECHANICAL CODE w 2013 CALIFORNIA PLUMBING CODE 2013 CALIFORNIA ELECTRIC CODE Q JUANITA FOTHERINGHAM 2013 CALIFORNIA FIRE CODE o CERTIFIED INTERIOR DESIGNER 2008 CALIFORNIA ENERGY CODE 0w 0304 EXPIRES 10-23-17 zCALIFORNIA COUNCIL FOR • z OWNER: "CHIP" E. MORRIS SMITH z DRAWN BY 2024 CENTELLA PLACE n NEWPORT BEACH, CA 92660 o DATE (949) 645-9228 z 3 0 N SCALE a w JOB NO. a SCOPE OF WORK i SHEET NO. TENANT IMPROVEMENT FOR RESTAURANT INSIDE OF THE UNION MARKET w AREA OF REMODEL = 1,243 SF A-1 1111// o NEW NON-BEARING PARTITIONS, ADJUST HVAC, NEW LIGHTS, NEW KITCHEN z NO ALCOHOL IS PROPOSED AS PART OF THIS PROJECT r a 0 SITE PLAN OF SHEETS 43 PA2016-141 Attachment No. PC 5 -Project Plans 60'-9" 22'-0" 2'-2" u TRA H El 1-1 STORAGE KITCHEN �� FOOD PREP AREA i 6'-0" ILE 0 0 Irs. Y" o r7= DINING AREA 223 SF WALK-IN � _ \ / P.O.S. COOLER. L_ _ J RESTROOM ------------- r � 1'8'-6" 18'-81/2" 24'-41/2' OCCUPANT LOAD 1,243 SF DINING AREA = 410 SF /15= 27.3 occ. FOOD PRE/KITCHEN = 436 SF /200= 2.2 occ. STORAGE = 180 SF /200= 0.9 occ. ACCESSORY USE = 217 SF / 0= 0 TOTAL OCCUPANTS 30.4 JAN'S HEALTH BAR 3012 E. PACIFIC COAST HWY #A CORONA DEL MAR, CALIFORNIA A-2 44 Planning Commission - December 8, 2016 Item No. 3a Additional Materials Presented at Meeting 141) Jan 's Health • Conditional Permit HEALTH BAR Planning Commissiont�EWIP�R � �T Public ' . • Q > u December 8, 2016 • � • • Planning Commission - December 8, 2016 Item No. 3a Additional Materials Presented at Meeting -141) Vicinity ui Map ew C9CIF00.N]P � a � pa°s k � � PTs • '�� �i\\V.� 1�,�„t.� .� .. JJ g J�� J � J P� -� t _ '-zi•� t'l - J+ s J r+ r i t Qj •R` �. J ,F� J i T }U2B p r YL' P4- v, Jgr ? X111\I`\\\\�• ]U]9 Jp Py`e.�2 J'r.� ? Jp l J J Tr kyr tJ /� J3 JJ Jj3, ' J 2 9 I O Da,Y Si(le :910 f"pal Pak � 69LS J✓ �]tOt O? J a B •YO � S J ]1QT J � + J i2 gra TO P b+? 1..1 2 12/o8/2oi6 Community Development Department - Planning Division 2 Planning Commission - December 8, 2016 Item No. 3a Additional Materials Presented at Meeting -141) Requests o - < z a cqt/F00.N�P . 1. Minor use permit to establish an eating and drinking establishment within Soo feet of a residential zoning district. 2 . Use permit to waive four spaces • Legal nonconforming parking onsite P 4 FP • Four existing waivers J4 9 ti P n. 12/o8/2os6 Community Development Department - Planning Division 3 Site Plan COASTFMATA PACIRC Floor Plan I.ins II iii ( II ■�■; _(■I I■I ., II I � I■) II Planning Commission - December 8, 2016 Item No. 3a Additional Materials Presented at Meeting -141) Existing Parking "�a6`w,PORr - D u � _ Cq(/I.ORNP Business Area (Square Feet Parking Required Parking Waived Smart and Final 19,842 91 9 (UP3650) rocs store Gina's Pizza 1 ,278 0 17 (UP1701 ) restaurant La Fogata 1 , 181 5 21 (UP3235) restaurant Pacific Shores Cleaners (dry 1 ,202 5 0 cleaners Verizon retail 2,246 9 0 ©range Theory 2,783 12 2 (UP2016-031 ) fitness facility) Jan's Health Bar 1 ,243 4 (required) 4 {proposed) (proposed) TOTAL 1 1 126 1 53 12/o8/2os6 Community Development Department - Planning Division 6 Planning Commission - December 8, 2016 Item No. 3a Additional Materials Presented at Meeting -141) Parking Study cqt/F00.N�P . 71 Spaces provided in shared lot 47 On street spaces Parking Study (Thurs . 5 : oo a . m . -8 : oo p . m . and Saturday 6 : oo a . m . -6 : oo p . m . ) — Peak demand was12 : 3o and s: oo p . m ., with 34 and zg spaces available i2/o8/2os6 Community Development Department - Planning Division 7 Planning Commission - December 8, 2016 Item No. 3a Additional Materials Presented at Meeting -141) Bayside Parking Lot \'- s � i' ` ' �� �r m P � + r � iay ■ s _ AW ,.. 12/o8/2o16 Community Development Department - Planning Division 8 a a ti 4 M For more information contact: - Chelsea Crager,Assistant Planner 949-644-3227 — ccragerQa newportbeachca.gov www.newportbeachca.gov