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HomeMy WebLinkAbout2034 - CONDITIONAL USE PERMIT FOR WINE TASTING WITH OUTDOOR DINING AND PARKING WAIVER FOR GELSON'S MARKET - 1600 San Miguel Drive RESOLUTION NO. 2034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2015.048 TO ALLOW A 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, AN OFF-SITE PARKING AGREEMENT, AND A PARKING REDUCTION LOCATED AT A GROCERY STORE LOCATED 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 Supermarket (Applicant), 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 food service (restaurant) at an existing grocery store, Gelson's. The restaurant would operate with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license and a Type 86 (Instructional Tasting) license. The Applicant requests an adjustment of the required parking and authorization of an off-site parking agreement 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, and November 3, 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 Planning Commission Resolution No. 2034 Page 2 of 19 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. 2. The project involves the conversion of a portion of an existing grocery store for a food service use (636 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 considering the criteria provided in NBMC Section 20.48.030 (C)(3)(a)-(e) 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 and accessory to an 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. The project site is located in Reporting District (RD) 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. Based upon 2015, crime statistics provided by the Newport Beach Police Department, the part one crime rate in RD 53 was 1,287 crimes per thousand persons. This rate is slightly higher than two adjacent reporting districts (RD 47 @ 971 crimes per thousand and RD 51 @ 971 crimes per thousand) and lower than RD 52 with 1,506 crimes per thousand. The part one crime rate in RD 53 is lower than the citywide average of 2,739 crimes per thousand persons. 4. Based upon 2015, statistics provided by the Newport Beach Police Department, RD 53 had zero DUI/Drunk Arrests, 8 other arrests and 945 Calls for Service that included items other than alcohol-related calls. These statistics are lower than RD 47 and 52 11-03-2016 Planning Commission Resolution No. 2034 Pane 3 of 19 and slightly higher than RD 52. From January 1, 2015 through December 31, 2015, the Police Department reported 77 calls for service to the shopping center 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 with the approval of the project. 5. Residential uses 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 approximately 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 east. The area is considered a low-crime community in the City and the Police Department is not concerned that the use will generate an increase in the crime rate based upon the location, operational characteristics, and conditions of approval. 6. 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. 7. The applicant currently possesses the Type 86 ABC license and currently operates with no objectionable conditions. The requested Type 41 ABC license would be a new license and is not in response to objectionable conditions occurring at the site. In accordance with NBMC Section 20.40.100(B) (Off-Site Parking), the following findings are must be met to authorize off-site parking to satisfy required parking: Finding: B. The parking facility is located within a convenient distance to the use it is intended to serve; Fact in Support of Finding: The Applicant has had a month-to-month lease for an off-site parking located at 3100 Pacific View Drive (a church property) since 1999. The location is approximately a 1,000-foot walk along public sidewalks and a painted cross walk across Pacific View Drive. These parking spaces are not available on Sundays or other religious holidays. Other private parking lots at churches are located in the vicinity and are a similar distance from the project site. These other lots could also be potential sites for an off- site parking facility should parking at 3100 Pacific View Drive be unavailable in the future. 11-03-2016 Planning Commission Resolution No. 2034 Page 4 of 19 Finding: C. On-street parking is not being counted towards meeting parking requirements,- Fact equirements,Fact in Support of Finding: On-street public parking spaces including, but not limited to, those parking spaces on Crown Drive and Pacific View Drive are not counted towards meeting the off-street parking requirement. Finding: D. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and Facts in Support of Finding: 1. The Applicant's peak employee staffing needs is approximately 40 employees and not all employees arrive and depart the facility at the same time. 2. The parking facility is not located near residential uses. The path of travel for employees between the off-site lot and the project site will not generate undue impacts to nearby uses due to the limited number of employees over time with differing shifts. 3. The Applicant's employees have been utilizing the off-site parking lot at 3100 Pacific View Drive for approximately 17 years and have not created an undue traffic hazard or serious impacts to other uses that abut or use Pacific View Drive. Finding: E. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. Forty (40) parking spaces shall be provided for employee parking at an off-site, private lot by a lease or other binding private agreement (required off-site parking). 2. The required off-site parking shall be located within a convenient distance to the project site as determined by the Director of Community Development (Director). On- street parking shall not be included and use of the required off-site parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. 3. The required off-site parking shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2015-048 remains effective. 11-03-2016 Planning Commission Resolution No. 2034 Page 5 of 19 4. A parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director, that guarantees the availability of the required off- site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Community Development Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2015-048, the Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2015-048 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary. In accordance with NBMC Section 20.40.110(B)(1) (Reduction in Off-Street Parking), the following conditions are set forth for a parking reduction for Sundays and major religious holidays: Finding: F. 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. Parking within Harbor View Shopping Center includes a 281 space shared surface parking lot. All of these spaces are within a convenient distance to the businesses they serve. 2. Harbor View Shopping 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 accessory use of the grocery store. Primary access to the proposed 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. 3. The parking utilization analysis prepared by Pirzadeh & Associates, Inc. dated August 4, 2016, shows the existing 281-space parking lot can accommodate predicted increase in parking demand for use without accounting for Gelson's employees. On- 11-03-2016 Planning Commission Resolution No. 2034 Page 6 of 19 site parking utilization would increase to roughly 88 percent. Employee parking would not be accommodated on Sundays and major religious holidays based upon the existing lease for off-site parking with the church located at 3100 Pacific View Drive. Employees would park on-site, at Lincoln Elementary School or Pacific View Drive and would be prohibited from parking along Crown View Drive. The parking analysis shows the peak demand is during the week (Thursdays) and not on Sundays. Therefore on- site parking availability on Sunday would be lower than Thursdays and allow some employees to park on-site. Additionally, Gelson's indicates that number of employees would not increase as existing employees would be trained to work the both the restaurant and market. The combination of on-site parking and nearby public parking at Lincoln Elementary and Pacific View Drive will accommodate the proposed use on Sundays and major religious holidays when parking at the church would not be available. 4. The applicant has been providing an off-site parking facility for employee parking since 1999 at a nearby property located approximately 1000-feet away. The off-site parking facility is at a church and the parking spaces are not available on Sundays or other religious holidays. Public parking along Pacific View Drive and at Lincoln Elementary is generally available when parking at the church is not available because the school is not open for instruction on Sundays or other major religious holidays. The permanent provision of off-site parking for the applicant's employees at the church or other nearby lot is necessary to ensure that on-site parking is available to the project and other patrons and employees of the shopping center and to avoid employee parking in proximity to residents that could create nuisances. Finding: G. 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 October 25, 2016, has been prepared for Gelson's operating at the Harbor View Shopping Center. The PMP provides for effective management of employee to ensure adequate parking on Sundays and major religious holidays when parking is not available at the Christian Science Church located at 3100 Pacific View Drive. A condition of approval requires implementation of the PMP. The PMP is also 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: H. The use is consistent with the General Plan and any applicable Specific Plan. 11-03-2016 Planning Commission Resolution No. 2034 Page 7 of 19 Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the properties at Harbor View Shopping 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. Providing off-site parking in accordance with NBMC 20.40.100 and the parking reduction in accordance with NBMC 20.40.110 will ensure that adequate parking is provided for the project. 3. The project site is not located within a Specific Plan area. Finding: I. 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 Shopping 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 Shopping 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 off-site parking is consistent with NBMC Section 20.40.100 (Adjustments to Off-Street Parking) and the facts in support findings .and 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. The proposed patio does not block 11-03-2016 Planning Commission Resolution No. 2034 Page 8 of 19 pedestrian access within the shopping center or any parking spaces based upon the proposed improvement plans, Finding: J. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The existing neighborhood shopping center has been in operation for many years and the proposed restaurant with outdoor patio will be accessory to the existing grocery store. Other small scale food uses are provided in the shopping center and common outdoor dining areas are provided in the common area of the shopping center. The hours of operation of the use would be limited to 11:00 a.m. to 9:00 p.m. 2. The proposed outdoor patio is within a common area within the center of the shopping center and the existing buildings and parking area effectively shield the use and patio from nearby residential uses. 3. The proposed outdoor dining patio does not block pedestrian circulation, parking spaces, or access to existing tenants based upon the proposed improvement plans. 4. 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. 5. The off-site parking and parking reduction 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 demands are met over time without avoiding undue parking on the streets to the detriment of the neighborhood. Finding: K. 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 J above support this finding and are incorporated by reference. 2. Emergency access to and through Harbor View Shopping 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 11-03-2016 Planning Commission Resolution No. 2034 Page 9 of 19 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 Shopping 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: L. 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 K above support this finding and are incorporated by reference. 2. The proposed use is small and is primarily within an existing grocery store. The proposed outdoor patio is shielded by the existing building parking lot from residences in the area. 3. The hours of operation of the proposed restaurant are limited to 11:00 a.m. to 9:00 p.m. and are typical hours of operation of a neighborhood-serving shopping center. 4. 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. 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 A and the Parking Management Program as set forth in Exhibit B, which are attached hereto and incorporated by reference. 11-03-2016 Planning Commission Resolution No. 2034 Page 10 of 19 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 3`d DAY OF NOVEMBER, 2016. AYES: Hillgren, Kramer, Lawler, Weigand and Zak NOES: None ABSTAIN: None ABSENT: Dunlap and Koetting BY: — �K� j' - — r, airma BY:-7; �� Peter Zak, Sec to 11-03-2016 Planning Commission Resolution No. 2034 Page 11 of 19 EXHIBIT A CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the site plan, floor plans, and building elevations attached to the September 22, 2016, Planning Commission staff report and design concepts attached to the November 3, 2016, Planning Commission staff report (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 and the Parking Management Plan 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 restaurant and associated outdoor dining patio shall be limited from 11:00 a.m. through 9:00 p.m., daily. 11-03-2016 Planning Commission Resolution No. 2034 Page 12 of 19 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. The door exit from the 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 or removed to increase the occupancy by creating standing only areas. The exit gate from the patio shall not be utilized as an entrance to the patio. 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 dated November 3, 2016. The existing 281-space common parking lot for the Harbor View Shopping Center shall be available for use by shopping center patrons and employees. The applicant shall provide and maintain access to 40 parking spaces at a nearby private off-street parking lot subject to the review and approval by the Community Development Department consistent with the conditions of approval. 16. Grocery store and restaurant employees and managers shall be prohibited from parking on Crown Drive or any residential street access from Crown Drive. 17. Forty(40) parking spaces shall be provided for employee parking at an off-site, private lot by a lease or other binding private agreement(required off-site parking). The required off- site parking shall be located within a convenient distance to the project site as determined by the Director of Community Development (Director). On-street parking shall not be included and use of the required off-site parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. The required off-site parking shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2015-048 remains effective. 18. A parking agreement or covenant, in a form approved by the City Attorney and the Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2015-048, the Director shall establish a reasonable 11-03-2016 Planning Commission Resolution No. 2034 Page 13 of 19 period of time in which one of the following shall occur. 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2015-048 is reduced in proportion to the parking spaces lost, or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary. 19. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the intensification of use in accordance with NBMC Chapter 15.38. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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). 25. 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. 26. 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, 11-03-2016 Planning Commission Resolution No. 2034 Page 14 of 19 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 27. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 28. There shall be no live entertainment or dancing on the premises. 29. 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. 30. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 31 . No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. Signs shall be posted at all exits of the restaurant and outdoor patio that prohibit the removal of open alcoholic beverages from the licensed premises. Alcohol purchased at the grocery store shall not be consumed in the restaurant or outdoor patio and patrons shall be prohibited from bringing their own alcohol to the premises for consumption. 32. There shall be no reduced price alcoholic beverage promotions. 33. Food Service from the regular menu must be made available to patrons during all open hours. 34. 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. 35. 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 11-03-2016 Planning Commission Resolution No. 2034 Page 15 of 19 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. 36. Strict adherence to maximum occupancy limits is required. 37. 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 NEMC, Fire Department Conditions 38. 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 Section 609.2. 39. 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 Section 904.2.1. 40. 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. Building Division Conditions 41. 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. 42. Prior to the issuance of building permits, gates and doors must comply with Section 11 B- 404 of the CBC. 43. Prior to the issuance of building permits, the plans shall reflect accessible seating in the new patio dining area in accordance with Section 118-221 of the CBC. 44. 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 11B-305 of the CBC. 45. 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. 11-03-2016 Planning Commission Resolution No. 2034 Page 16 of 19 46. Prior to the issuance of building permits, plans must illustrate compliance with Section 118-202 of the CBC. 47. Prior to the issuance of building permits, justification for the required number of plumbing fixtures, per Section 422.0 CPC must be illustrated on the plans. 48. Prior to the issuance of building permits, architectural, plumbing, mechanical, electrical, and energy plans shall be provided. Public Works Conditions 49. County Sanitation District fees shall be paid prior to the issuance of any building permits. 11-03-2016 Planning Commission Resolution No. 2034 Page 17 of 19 EXHIBIT B PARKING MANAGEMENT PROGRAM 11-03-2016 Gelson's Harbor View Shopping Center Parking Management Plan 1660 San Miguel Drive UP2015-048 (PA2015-214) November 3, 2016 The following Parking Management Plan for Gelson's grocery store and its accessory restaurant, located at 1660 San Miguel Drive is provided pursuant to 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 and requirements to mitigate impacts associated with a reduction of the off- street parking spaces required for the accessory restaurant. Hours of Restaurant Operation 11:00 a.m. to 9:00 p.m., daily On-Site Parking A minimum of 281 parking spaces shall be provided within the common surface parking lot for Harbor View Shopping Center and made available to patrons and employees. Captive Market and Reduced Parking Demand 1 . Harbor View Shopping Center provides several retail and food service tenants within proximity of one another generating the opportunity for on patron to visit multiple uses thereby reducing parking demand and vehicle trips to the center. 2. Gelson's restaurant is an accessory use of the grocery store. Primary access occurs from within grocery store and the majority of patrons are likely to be patrons of the grocery store. 3. The location of nearby uses within walking distance of one another generates the opportunity for walk-in patronage. Off-Set Peak Hours Peak hours for the restaurant 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. Gelson's Harbor View Shopping Center Parking Management Plan UP2015-048 (PA2015-214) November 3, 2016 Off-Site Employee Parking The applicant (Gelson's) or their successor shall secure and provide a minimum of 40 off- street parking spaces at a property located on Pacific View Drive for employee parking. Access to the spaces shall be secured by a written agreement. A copy of the written agreement shall be submitted to the Community Development Department (Department). The location of the off-street parking lot is subject to the review and approval of the Department. If access to the off-site private parking is lost for whatever reason, the applicant shall immediately inform the Department. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2015-048, the Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2015-048 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary. Employee Parking Restrictions Employees may park on-site when peak parking demand for the shopping center is not experienced. Otherwise, employees shall park at a designated private parking lot in the vicinity. Parking along Pacific View Drive and at Lincoln Elementary School are allowed locations for employees to park when the approved private parking lot is not available provided the Newport Mesa School District allows said use of their property. Employee parking along Crown Drive and all residential streets that take access from Crown Drive is strictly prohibited. Parking Summary Spaces On-Site Parking Provided (prior to project) 281 Existing Code Required Parking On-Site (prior to project) 280 Surplus Parking (prior to project) 1 Gelson's Restaurant Required Parking (30 spaces_— 3 space 27 credit Total Spaces Waived For Gelson's Restaurant 26 Surplus Parking Available (after implementation of project) 0 Off-site private parking provided by Gelson's for employees 40 11-03-2016