HomeMy WebLinkAbout3.0_Juliette's Cafe and Market_PA2022-018CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 12, 2022 Agenda Item No.3
SUBJECT: Juliette’s Café and Market (PA2022-018)
Conditional Use Permit No. UP2022-003
SITE LOCATION: 1501 Westcliff Drive
APPLICANT: Westcliff Dover Investors, LLC
OWNER: Westcliff Dover Investors, LLC
PLANNER: Liane Schuller, Project Planner 949-644-3200 or lschuller@newportbeachca.gov
PROJECT SUMMARY
The Applicant proposes a conditional use permit to establish a 3,584-square foot retail and
food service (“Project”) with no late hours operating with a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control (ABC) license within a vacant tenant space previously occupied by a retail bank. The Project will include 530 square feet of interior net public area and a 1,200-square-foot outdoor patio area. There are no late hours (after 11:00 p.m.) and no
dancing or live entertainment area proposed. The application also includes a request to
reduce the code required parking by 20 parking spaces.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15303 under Class 3 (New Construction or Conversion of SmallStructures) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3)Adopt Resolution No. PC2022-009 approving Use Permit No. UP2022-003(Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE MU-H1 (Mixed-Use Horizontal 1) MU-DW (Mixed-Use Dover/Westcliff) Mixed commercial
NORTH Multiple Residential (RM) Multiple Unit
Residential (RM) Residential
SOUTH MU-H1 MU-DW Mixed commercial
EAST Single Unit Residential (RS-D) Residential (PC-43) Residential
WEST General Commercial (CG), Multiple Residential (RM) Commercial (CG) Residential (PC-4) Commercial, Residential
Project Location
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INTRODUCTION Project Location The subject site is an office building and surface parking lot on the southwest corner of
Westcliff Drive and Dover Drive within the Mixed-Use Dover/Westcliff (MU-DW) district.
The existing mix of uses includes Union Bank as well as a mix of medical and professional office tenants. Project Description
The project will convert a vacant 3,584-square-foot tenant space previously occupied by Union Bank into a retail and food service. The bank will continue to operate, using a smaller tenant space. The new retail and food service will include 530 square feet of interior net public area, a 1200-square-foot outdoor patio area and a 670-square-foot
retail space. The patio area is located between the two office buildings on the site, and will include a glass screen to further contain any noise and to provide separation from the surrounding area. The outdoor patio area is existing and does not eliminate parking or pedestrian access. Most of the interior space will be dedicated to food preparation (2,100 square feet). The business emphasizes casual dining and to-go orders via online mobile
apps. Customers opting to eat on-site will place orders at the service counter and self-seat either inside or in the adjacent outdoor patio area. A Type 41 (On-sale Beer and Wine) Alcoholic Beverage Control License is requested. Beer and wine alcohol service would be provided as a beverage option for patrons of the
restaurant. Hours of operation are from 8:00 am to 6:30 p.m. daily, consistent with other established busineses in the vicinity. The use permit would be limited to a 10:00 p.m. closing hour, per recommended conditions of approval. No late hours, dancing, or live entertainment are proposed. The retail component of the business will feature a variety of coffee, bakery, alcohol and wine-related products, as well as prepackaged take-away items.
The proposed business is further described in the applicant’s project description (Attachment No. PC 2) and shown in the submitted plans (Attachment No. PC 6). DISCUSSION
Analysis
General Plan
The General Plan designates the site as Mixed-Use Horizontal (MU-H1), a land use designation intended for a horizontal intermixing of uses that may include professional offices or mixed-use buildings that integrate residential with retail, service or office uses on the ground floor in accordance with the CM, CG, CN, RM, CV, CO and MU-V designations, respectively. The proposed business will provide a convenient retail and
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daytime food service option for on-site office employees and visitors, as well as neighborhood residents. The Project is consistent with the General Plan Designation.
Zoning Code
The property is zoned Mixed-Use Dover/Westcliff (MU-DW), which allows a mix of residential and commercial uses as specified in Table 2-8 of NBMC Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements). On November 24, 2020, the City Council adopted Resolution 2020-98 which allows eating and drinking establishments in the MU-DW zone. Accessory alcohol sales associated with the retail
component of the business are permitted with a Type 41 Alcohol Beverage License. A conditional use permit is required to establish a food service use including on-sale alcohol sales within 500 feet of a residential district and to allow a parking waiver, as discussed in detail below.
Alcoholic Beverage Sales
The Project includes a request for a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control (ABC) license to enhance customer menu options and augment the economic viability of the business. The serving and sale of beer and wine in conjunction
with the café and market is not anticipated to become detrimental based on the
operational characteristics and location of the business. The proposed daytime hours of operation are compatible with other surrounding land uses. Operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages have been incorporated into the draft resolution to ensure compatibility with surrounding land
uses.
When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code requires the Planning Commission to evaluate the potential impacts upon
adjacent uses (within 100 feet as measured between the nearest lot lines) and to consider
the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. In order to approve a CUP for alcohol sales, the Planning Commission must also find that
the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In
doing so, the follow must be considered:
a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City.
b) The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
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c) The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
d) The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
e) Whether or not the proposed amendment will resolve any current objectionable
conditions.
The adjacent on-site uses are office. The nearest residential uses are multi-unit developments north of the subject site across Westcliff Drive and southwest of the site along Irvine Avenue and East 16th Street. A single-family residential neighborhood is located east of the site across Dover Drive. The establishment is located within Police Reporting District 28, which includes several neighborhood retail commercial centers, a
mix of multiple and single-unit residential developments and Mariners Elementary School.
For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 4. A data sheet, which includes alcohol related statistics from 2020, is provided in Attachment No. PC 5. A discussion of these factors is provided below:
1. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people)0F1
RD No. 28 140 157
RD No. 25 68 109
RD No. 26 51 132
RD No. 29 36 48
Newport Beach 1,877 3,454
The Part One Crimes Rate in Reporting District 28 (RD 28) is higher than the Part
One Crimes Rate for the City and adjacent districts. The higher crime rate is
largely due to burglary or theft from automobiles. Driving Under Influence (DUI), Public Intoxication and liquor law violations make up 15 percent of arrests in RD 28. In comparison, the figure for neighboring RD 25 is 26 percent, RD 26 is 17 percent and RD 29 is 10 percent.
2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and the adjacent reporting districts.
1 Crimes rate data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed the crimes and data and confirmed their recommendation as provided in the Police Department memorandum.
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Alcohol-related calls for service, crimes, or arrests in RD 28 make up 15 percent of arrests in this reporting district. This is higher than neighboring RD29 (10 percent) and lower than neighboring RD 25 (26 percent) and RD 26 (17 percent). Based on the operational characteristics of the proposed use, the NBPD has reviewed the proposal and has no objection.
Reporting District DUI/Drunk Arrests Total Arrests Calls for Service1F2
RD No. 28 16 107
RD No. 25 27 105
RD No. 26 17 127
RD No. 29 4 39 Newport Beach 476 3,402
3. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
The establishment is located within RD 28, which includes a mix of commercial,
multi-family residential, and Mariners’ Elementary school. The nearest recreational facility and nearest church, Bob Henry Park and the Church of Latter-day Saints, are located approximately two-tenths of a mile south of the project site near Dover Drive and 16th Street. A YMCA day care center is located on the Mariners
Elementary School campus. The draft resolution includes conditions of approval
to minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 4. The proximity of the other establishments selling alcoholic beverages for either off-
site or on-site consumption.
There are eight establishments selling alcoholic beverages within the area, including four small food service establishments (Café Gratitude, Olea, Haute Cakes and Café Sakara) within a few hundred feet of the Project. The nearby
Westcliff Shopping Center includes Ralphs, CVS, Pandora Bakery and The
Chicken Shop, which also have ABC licenses.
Reporting District Active On-Sale ABC License Per Capita
RD No. 28 8 1 per 837 residents
RD No. 25 19 1 per 251 residents RD No. 26 42 1 per 99 residents
RD No. 29 25 1 per 248 residents
County-wide 4,875 1 per 654 residents
2 Calls for service data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed the alcohol-related data and confirmed their recommendation as provided in the Police Department memorandum.
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The project site is located within census tract 630.1. This census tract has an approximate population of 6,698 residents with 8 active on-sale alcohol licenses, a per capita ratio of 1 license for every 837 residents. This is approximately 22 percent lower than Orange County which has a per capita ratio of 1 license for
every 654 residents. The lack of undue concentration in the area and proposed operational characteristics of the Project would make the on-sale service of alcoholic beverages appropriate. NBPD has reviewed the proposed use, provided operating conditions of approval, and
has no objection to the addition of the Type 41 alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan and a staff-recommended closing hour of 10 p.m. The draft resolution includes conditions of approval to minimize negative impacts that the proposed food service, eating and drinking establishment may have to surrounding land uses and ensure
that the use remains compatible with the surrounding community.
Off-Street Parking Requirements
The proposed business is a combination of a retail market and casual food service.
Parking for the retail area (670 square feet) is required at a ratio of 1/250 gross square feet. Parking for the food service area is based on a ratio of one parking space per 30 to 50 square feet of net public area, as determined by the use permit. In this case, the net public area used to determine required parking for the food service component of the business includes a 530-square-foot interior seating area and 1,068 square feet of
exterior patio seating area2F3 for a total of 1,598 square feet. The exterior patio area is existing and does not eliminate parking or pedestrian access. A parking rate of one space per 40 square feet of the net public area is appropriate based on physical and operational characteristics of the business:
• The commercial center primarily contains office uses that operate between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
• The food service component of the business places an emphasis on take-out orders, provides no table service and limited on-site seating.
• The business model consists of a casual dining style and includes on-sale service
of beer and wine along with an off-sale retail component.
• Proposed hours of operation are 8:00 a.m. to 6:30 p.m. daily - there are no late hours, and no live entertainment or dancing.
3 The 1,200-square-foot outdoor patio area is reduced by 132 square feet as allowed by the Zoning Code standard which stipulates that 25 percent of outdoor dining not be counted towards parking requirement.
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Based on the zoning code requirement to provide 1 parking space per 40 square feet of net public area (1,598 square feet) and 1 parking space per 250 square feet of retail space (670 square feet), 43 parking spaces are required for the proposed business. A total of 190 code required parking spaces are required for all on-site uses including the proposed business and the existing shared parking lot provides 170 parking spaces. The
proposed business is therefore requesting a parking waiver of 20 spaces in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Newport Beach Municipal Code (NBMC).
Off-Street Parking Waiver
NBMC Section 20.40.110(B) allows a reduction in required off-street parking subject to the approval of a conditional use permit when the applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with NBMC Section 20.40.110(C).
The Applicant has provided a parking analysis in support of the parking waiver request, prepared by RK Engineering Group, Inc. dated January 14, 2022 (Attachment No. PC 3). The parking analysis considered the square footage of the two commercial buildings on-site, existing and potential tenancies, number of existing onsite parking spaces and
applicable City parking requirements. Based upon a full-occupancy scenario, including the proposed café and market, a total of 190 spaces are required per Code. A total of 170 onsite spaces are provided, resulting in a parking code deficiency of 20 spaces. Due to this deficiency, a manual parking count was undertaken to determine if the existing on-site parking is adequate to serve the proposed business assuming 100% occupancy of
both on-site buildings. The parking survey was conducted between the hours of 7:00 a.m. and 8:00 p.m. on a weekday (Thursday, November 5, 2021) and on a weekend day (Saturday, November 7, 2021). The survey was conducted by an independent third party (Counts Unlimited, Inc.)
during the normal operating hours of the businesses on-site. On the weekday, peak parking demand occurred at 12:00 p.m. with 116 vehicles parked onsite. On the weekend, peak parking demand also occurred at 12:00 p.m. with 54 vehicles parked on-site. Based on the results of the survey, the parking analysis projected the future demand characteristics for the proposed use and determined the number of on-site parking spaces
is sufficient to support the proposed business. The analysis and conclusions of the study were reviewed and accepted by the City Traffic Engineer. It is likely that the café and market will attract customers from other on-site businesses, providing a convenient retail and daytime dining option for surrounding office employees
and visitors, as well as neighborhood residents. During the peak weekday lunch hour, some customers will likely already be on-site or nearby and not generate substantial additional parking demand. Weekend parking should not be an issue if customers drive to the site because most on-site medical and professional office uses only operate Monday through Friday.
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CUP Findings
NBMC Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit Requirements) requires a conditional use permit to establish a food service use including on-sale alcohol sales within 500 feet of a residential district. NBMC Section 20.40.110(B)
requires a conditional use permit to allow a parking waiver. Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings to approve a CUP:
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 this Zoning Code and the Municipal Code.
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Staff believes sufficient facts exist in support of the conditional use permit. These are set forth in the draft resolution for project approval (Attachment No. PC 1). As previously discussed in the General Plan and Zoning Code subsections of this report, the proposed
business is consistent with the land use designation and zoning of the project site. The project has been reviewed and conditioned to help ensure that a healthy environment for residents and businesses is preserved. The serving of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval
recommended by the NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. No late hours of operation after 11:00 p.m. are proposed, which will help minimize potential nuisance impacts to surrounding residential properties.
The Applicant has provided a parking analysis prepared by a qualified independent professional to substantiate waiving the increased parking demand of 20 spaces. Based on a parking survey conducted on-site, the parking analysis concludes that existing on-site parking is sufficient to support the proposed business and 100 percent occupancy of
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the center. Condition of Approval No. 11 is included in the draft resolution to address any unforeseen parking-related impacts. The project site is physically suitable to accommodate the business and proposed operational characteristics are compatible with existing surrounding land uses. The
outdoor patio area is existing and does not eliminate parking or pedestrian access. The café and market will provide a retail service and convenient daytime dining option for surrounding office users and visitors, and neighborhood residents. Implementation of the recommended conditions of approval will reduce and avoid potential conflicts with surrounding uses.
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 does not believe the facts in support of findings can be made, they may provide instruction or evidence to staff regarding the facts in support of denial. Staff would return to the Planning Commission with a draft
resolution for denial.
Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class Class 3 (New Construction or Conversion of Small Structures) 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. The Class 3 (New Construction or Conversion of Small Structures) exemption includes construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and
facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. In urbanized areas, this exemption includes a store, motel, office, restaurant or similar structure not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving significant amounts of hazardous substances where all necessary public services and
facilities are available and the surrounding area is not environmentally sensitive. The proposed project involves the establishment of a 3,584-square-foot eating and drinking establishment with a 1,200-square-foot outdoor dining patio within an urbanized area where all necessary public services and facilities are available. The site is fully developed and
contains no habitat values. Therefore, the use qualifies for a categorical exemption.
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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’s website.
Prepared by: Submitted by:
ls/MKN ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant’s Project Description
PC 3 Parking Analysis by RK Engineering Group, Inc., dated January 14, 2022 PC 4 Map of Police Reporting Districts PC 5 Police Department Memorandum PC 6 Floor Plan
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2022-###
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING
CONDITIONAL USE PERMIT NO. UP2022-003 TO ALLOW A
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
WITHOUT LATE HOURS, TYPE 41 (ON-SALE BEER AND WINE)
ALCOHOL LICENSE, AND PARKING WAIVER AT 1501
WESTCLIFF DRIVE (PA2022-018)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by DMP Properties (“Applicant”) with respect to property located
at 1501 Westcliff Drive, and legally described as a portion of Lot 8, Tract 4225 in the City
of Newport Beach as shown on a map recorded in Book 153, pages 23 and 24 of
Miscellaneous Maps (“Property”).
2. The Applicant proposes a conditional use permit to establish a 3,584-square foot retail and
food service, no late hours with a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control (“ABC”) license within a vacant tenant space previously occupied by a retail bank
(“Project”). The Project will include 530 square feet of interior net public area and a 1,200-
square-foot outdoor patio area. There are no late hours (after 11:00 p.m.) and no dancing
or live entertainment area proposed. The application also includes a request to reduce the
code required parking by 20 parking spaces.
3. The Property is located within the Mixed-Use Dover/Westcliff (MU-DW) Zoning District and
the General Plan Land Use Element category is Mixed Use Horizontal 1 (MU-H1).
4. A public hearing was held on May 12, 2022, in the Council Chambers 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 California Government Code Section 54950
et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of 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 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment.
2. The Class 3 (New Construction or Conversion of Small Structures) exemption includes
construction and location of limited numbers of new, small facilities or structures;
installation of small new equipment and facilities in small structures; and the conversion
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of existing small structures from one use to another where only minor modifications are
made in the exterior of the structure. In urbanized areas, this exemption includes a store,
motel, office, restaurant or similar structure not exceeding 10,000 square feet in floor
area on sites zoned for such use, if not involving significant amounts of hazardous
substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
3. The Project involves the establishment of a 3,584-square-foot eating and drinking
establishment with a 1,200-square-foot outdoor dining patio within an urbanized area
where all necessary public services and facilities are available. Therefore, the use
qualifies for a categorical exemption.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, 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).
Facts in Support of Finding
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Part One Crimes Rate
(per 100,000 people)1
RD No. 28 140 157
RD No. 25 68 109
RD No. 26 51 132
RD No. 29 36 48
Newport Beach 1,877 3,454
The Part One Crimes Rate in Reporting District 28 (RD 28) is higher than the Part One Crimes
Rate for the City and adjacent districts. The higher crime rate is largely due to burglary or theft
from automobiles. Driving Under Influence (DUI), Public Intoxication and liquor law violations
1 Crimes rate data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed
the crimes and data and confirmed their recommendation as provided in the Police Department memorandum.
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make up 15 percent of arrests in RD 28. In comparison, the figure for neighboring RD 25 is 26
percent, RD 26 is 17 percent and RD 29 is 10 percent.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Reporting District DUI/Drunk Arrests Total Arrests Calls for Service2
RD No. 28 16 107
RD No. 25 27 105
RD No. 26 17 127
RD No. 29 4 39
Newport Beach 476 3,402
Alcohol-related calls for service, crimes, or arrests in RD 28 make up 15 percent of arrests in
this reporting district. This is higher than neighboring RD29 (10 percent) and lower than
neighboring RD 25 (26 percent) and RD 26 (17 percent). Based on the operational
characteristics of the proposed use, the NBPD has reviewed the proposal and has no objection.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
The establishment is located within RD 28, which includes a mix of commercial, multi-family
residential, and Mariners’ Elementary school. The nearest recreational facility and nearest
church, Bob Henry Park and the Church of Latter-day Saints, are located approximately two-
tenths of a mile south of the project site near Dover Drive and 16th Street. A YMCA day care
center is located on the Mariners Elementary School campus. The draft resolution includes
conditions of approval to minimize negative impacts to surrounding land uses and ensure that
the use remains compatible with the surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
Reporting District Active On-Sale ABC License Per Capita
RD No. 28 8 1 per 837 residents
RD No. 25 19 1 per 251 residents
RD No. 26 42 1 per 99 residents
RD No. 29 25 1 per 248 residents
County-wide 4,875 1 per 654 residents
1. There are eight establishments selling alcoholic beverages within the area, including four
small food service establishments (Café Gratitude, Olea, Haute Cakes and Café Sakara)
within a few hundred feet of the Project. The nearby Westcliff Shopping Center includes
Ralphs, CVS, Pandora Bakery and The Chicken Shop, which also have ABC licenses.
2 Calls for service data to be provided by the Police Department prior to the Planning Commission hearing. Police has
reviewed the alcohol-related data and confirmed their recommendation as provided in the Police Department memorandum.
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2. The project site is located within census tract 630.1. This census tract has an approximate
population of 6,698 residents with 8 active on-sale alcohol licenses, a per capita ratio of 1
license for every 837 residents. This is approximately 22 percent lower than Orange County
which has a per capita ratio of 1 license for every 654 residents. The lack of undue
concentration in the area and proposed operational characteristics of the Project would
make the on-sale service of alcoholic beverages appropriate.
Conditional Use Permit
Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit
Requirements) of the NBMC, a conditional use permit is required to establish a food service use
including on-sale alcohol sales within 500 feet of a residential district. Additionally, pursuant to
Section 20.40.110(B) (Adjustments to Off-Street Parking Requirements, Reduction of Required
Off-Street Parking), a conditional use permit is required to reduce the Code required parking. In
accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings
and Decision) of the NBMC, the following findings and facts in support of such findings are set
forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The General Plan designates the Property as Mixed-Use Horizontal (MU-H1), a land
use designation intended for a horizontal intermixing of uses that may include
professional offices or mixed-use buildings that integrate residential with retail, service
or office uses on the ground floor in accordance with the CM, CG, CN, RM, CV, CO and
MU-V designations respectively. The Project will provide a retail service and convenient
daytime food service dining option for surrounding office employees and visitors, and
neighborhood residents. The Project is consistent with the General Plan Designation.
2. The Property is not part of a specific plan area, therefore no findings of consistency with
a specific plan are necessary.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Fact in Support of Finding
1. The Property is zoned Mixed-Use Dover/Westcliff (MU-DW), which allows a mix of
residential and commercial uses as specified in Table 2-8 of Section 20.22.020 (Mixed-
Use Zoning Districts Land Uses and Permit Requirements) of the NBMC. A food service
use including on-sale alcohol sales within 500 feet of a residential district is a
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conditionally permitted land use within the Mixed-Use Dover/Westcliff (MU-DW) zoning
district. Accessory off-sale alcohol sales associated with the retail component of the
business is permitted in conjunction with the Type 41 (On-Sale Beer and Wine) ABC
license.
2. Based on Title 20’s requirement to provide one parking space per 40 square feet of net
public area (1,598 square feet) and one parking space per 250 square feet of retail
space (670 square feet), 43 parking spaces are required for the Project. A total of 190
parking spaces are required for all on-site uses (currently professional office and
medical office) including the Project. The existing shared parking lot provides 170
parking spaces, therefore a 20-space reduction of Title 20’s required parking in
accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements)
of the NBMC is required.
3. As conditioned, the Project will comply with Title 20 of the NBMC standards for food
service businesses. No late hours of operation (after 11:00 p.m.) are proposed.
Finding
D. 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. The operational conditions of approval will promote compatibility with surrounding land
uses. The business emphasizes casual dining and to-go orders via online mobile apps.
Customers opting to eat on-site will place orders at the service counter and self-seat
either inside or in the adjacent outdoor patio area. Beer and wine alcohol service would
be provided as an additional amenity and menu item for the restaurant.
2. The business shall be limited to 530 square feet of interior seating area and 1,200
square feet of exterior patio seating area. The outdoor patio area is existing and does
not eliminate parking or pedestrian access.
3. The business will operate between the hours of 8:00 a.m. and 10:00 p.m. daily,
consistent with the surrounding commercial uses. No late hours (after 11:00 p.m.),
dancing or live entertainment are proposed.
4. The retail component of the business features a wide variety of coffee, bakery, and wine-
related products, as well as pre-packaged take-away items. This retail component
includes an off-sale alcohol component under the Type 41 ABC license.
5. The Project will not necessitate high levels of lighting or illumination and all outdoor
lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC.
Finding
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Planning Commission Resolution No. PC2022-###
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E. 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.
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Planning Commission Resolution No. PC2022-###
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Facts in Support of Finding
1. The Project is located within an existing commercial office/medical office building and
the tenant space will be improved for a retail and food service business. The design,
size, location, and operational characteristics of the Project are compatible with the
surrounding development in the Dover-Westcliff area. There are other food service uses
currently located along Westcliff Drive and the proposed food service will be compatible
with those existing operations and surrounding residential neighborhoods.
2. The design of the tenant improvements will comply with all Building, Public Works, and
Fire Codes, and will require approval by the Orange County Health Department.
3. Adequate public and emergency vehicle access, public services, and utilities exist for
the existing development. Access is provided by Westcliff Drive and Sherington Place.
All utilities presently exist in the vicinity.
Finding
F. 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 tenant improvements to the existing commercial building should have a positive impact
on the area. Improvements are designed to enhance the aesthetics and viability of an
existing underutilized office space. The business will provide a convenient retail and dining
option for on-site office employees, visitors, and nearby residents.
2. The Project includes conditions of approval to ensure that any potential conflicts with
the surrounding land uses are minimized to the greatest extent possible.
3. Retail sale of alcohol is permitted within this zoning district. The addition of a Type 41
(On-sale Beer and Wine) ABC License is intended for the convenience and enjoyment
of those customers opting to dine on-site.
4. The Project will operate with similar hours as the surrounding commercial uses. No late
hours (after 11:00 p.m.), dancing or live entertainment are allowed.
Off-Street Parking Reduction
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
as follows:
23
Planning Commission Resolution No. PC2022-###
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Finding:
A. The Applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk-in trade, mixed-use development).
Facts in Support of Finding:
1. Section 20.40.110(B) (Adjustments to Off-Street Parking Requirements, Reduction of
Required Off-Street Parking) of the NBMC allows off-street parking requirements to be
reduced with the approval of a conditional use permit when sufficient data has been
provided demonstrating that parking demand will be less than the required number of
spaces and a parking management plan is prepared in compliance with NBMC Section
20.40.110(C) (Adjustments to Off-Street Parking Requirements, Parking Management
Plan). In this case, the Applicant has provided a parking analysis in support of the
parking waiver request, prepared by RK Engineering Group, Inc. dated January 14,
2022.
2. The parking analysis evaluated the square footage of the commercial center, existing
and potential tenancies, number of existing onsite parking spaces and applicable City
parking requirements. Based upon a full-occupancy scenario, including the proposed
café and market, a total of 190 spaces are required. A total of 170 onsite spaces are
provided, resulting in a parking code deficiency of 20 spaces. Due to this deficiency, a
manual parking survey was undertaken to determine if the existing on-site parking is
adequate to serve the proposed business assuming 100 percent occupancy of the
center. The parking survey was conducted between the hours of 7:00 a.m. and 8:00
p.m. on a weekday (Thursday, November 5, 2021) and on a weekend day (Saturday,
November 7, 2021). The survey was conducted by an independent third party (Counts
Unlimited, Inc.) during the normal operating hours of the businesses on-site. On the
weekday, peak parking demand occurred at 12:00 p.m. with 116 vehicles parked onsite.
On the weekend, peak parking demand also occurred at 12:00 p.m. with 54 vehicles
parked on-site. Based on the results of the survey, the parking analysis determined the
number of on-site parking spaces is sufficient to support the proposed business.
3. the café and market will serve customers from other on-site businesses, providing a
convenient retail service and daytime dining option for surrounding office employees
and visitors, as well as neighborhood residents. During the peak weekday lunch hour,
some customers will likely already be on-site and not generate additional parking
demand. Weekend parking should not be an issue if customers drive to the site because
most on-site uses operate during daytime hours Monday through Friday.
4. The analysis and conclusions of the study were reviewed and accepted by the City
Traffic Engineer.
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Planning Commission Resolution No. PC2022-###
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves UP2022-003
subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated
by reference.
3. 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 12TH DAY OF MAY, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lee Lowrey, Chairman
BY:_________________________
Curtis Ellmore, Secretary
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Planning Commission Resolution No. PC2022-###
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. The hours of operation for the café and market (interior and exterior) shall be limited to
8:00 a.m. to 10:00 p.m., daily.
5. The “net public area” shall not exceed 530 square feet for the interior of the subject
restaurant facility.
6. The outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining area shall be limited to 1,200 square feet in area.
7. Appropriate barriers shall be placed between the outdoor dining area and common dining
and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute
a permanent all-weather enclosure.
8. There shall be no dancing allowed on the premises.
9. Live entertainment shall not be permitted unless an amendment to this use permit is
approved and the operator has obtained a live entertainment permit from the Revenue
Division.
10. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
11. This 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.
26
Planning Commission Resolution No. PC2022-###
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12. 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.
13. Prior to the issuance of building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
14. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
15. 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.
16. 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.
17. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays or Holidays.
18. No outside paging system shall be utilized in conjunction with this establishment.
19. 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.
20. 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.
21. 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.
22. The owner/operator 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
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Planning Commission Resolution No. PC2022-###
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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).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
24. 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.
25. 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.
26. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code.
27. 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 Juliette’s Café and Market including, but not limited to, Conditional Use Permit
No. UP2022-003 (PA2022-018). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Fire Department
28. Fire sprinklers shall not be required as long as the occupancy is under 100 persons.
29. If the patio is covered, the occupancy of both the indoor and outdoor dining area shall
require fire sprinklers.
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Planning Commission Resolution No. PC2022-###
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Building Division
30. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. A building permit is required to allow the change in use to a retail
and eating & drinking establishment. The construction plans must comply with the most
recent, City-adopted version of the Building Code (2019 California Code Edition). The
construction plans must meet all applicable State Disabilities Access requirements.
Complete sets of drawings including architectural, electrical, mechanical, and plumbing
plans shall be required at plan check.
31. Approval from the Orange County Health Department is required prior to issuance of a
building permit.
32. Restrooms shall be fully accessible. Public sanitation facilities shall be available to the
general public (patrons) during regular business hours of the operation, unless
otherwise approved by the Building Division.
33. A grease interceptor shall be installed prior to the establishment opening for business
to the satisfaction of the Building Division.
34. 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.
35. Prior to plan check submittal, the Applicant may schedule a preliminary code review with
Building Division to identify and address major code issues prior to submitting for plan
check. A full building code, accessibility, and structural review will be performed at the time
of plan review submittal.
36. Prior to plan check submittal, the applicant shall provide full building code analysis on
occupancy, type of construction, actual/allowable floor area, actual/allowable height,
number of stories, sprinkler system, etc. Record shows existing building is a Type V-A
construction.
37. Prior to the issuance of building permits, the applicant shall provide a full egress analysis
plan.
38. Prior to the issuance of building permits, the applicant shall provide plumbing fixture counts
analysis for restaurant use.
39. Prior to the issuance of building permits, provide accessible path of travel from accessible
van parking and the public sidewalk to the entrances of the subject suite and its nearest
restrooms.
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Planning Commission Resolution No. PC2022-###
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40. Prior to the issuance of building permits, occupancy separation may be required between
restaurant (A occupancy) and general offices/retail (B and M Occupancy).
41. Automatic fire sprinkler system is required when restaurant has occupant load of 100 or
more, or fire area exceeds 5,000 square feet (CBC Section 903.2.1.2.). Current record
shows building is not sprinklered.
Police Department
42. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer
and Wine). Any substantial change in the ABC license type shall require subsequent
review and potential amendment of the Use Permit.
43. The owner/operator shall comply with all federal, state, and local laws, and all conditions
of the Alcoholic Beverage License. Material violation of any of those laws or conditions
in connection with the use is a violation and may be cause for revocation of the use
permit.
44. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
45. The eating and drinking establishment shall close no later than 10:00 p.m.
46. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
47. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
48. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
49. There shall be no live entertainment or dancing allowed on the premises.
50. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or entity, where the applicant, operator, owner or his employees or representatives
share in any profits or pay any percentage or commission to a promoter or any other
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Planning Commission Resolution No. PC2022-###
Page 15 of 15
person based upon money collected as a door charge, cover charge or any other form
off admission charge is prohibited.
51. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
52. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
53. Strict adherence to maximum occupancy limits is required.
54. 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, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
55. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
31
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Attachment No. PC 2
Applicant’s Project Description
33
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I PROPERTIES
250 Newport Center Drive, Suite 300, Newport Beach, CA 92660
Office. 949.720.81661 Fax. 949.720.81841 www.dmpproperties.com
January 18, 2022
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Conditional Use Permit (CUP) Application for Proposed Use Change from Financial
Institution to Eating and Drinking Establishment at 1501 Westcliff Drive (APN 117-631-22)
To Whom It May Concern:
Due to the changes in MU-DW Zoning District, the addition of expanded uses for our property have greatly
aided our leasing efforts at the property. We now have a new restaurant tenant (Juliette's Cafe).
This proposed tenant falls into the fast-casual definition of Eating and Drinking Establishments with no late
hours. The restaurant operations are consistent with the ITE (Institute ofTranspo1iation Engineers) Parking
Generation Manual, 5°1 Edition Fast Casual land use designation. This CUP application by the Owner on
behalf of these tenants is in relation to the use change of approximately 3,585 square feet of ground floor
area ( see plan check #0167-2021) from Financial Institution to Eating and Drinking Establishment.
We have confirmed that this change in use to Eating and Drinking Establishment is consistent with the
General Plan and our MU-DW Zoning District, as well as also being compatible with the existing physical
design and location of the prope1iy. These proposed tenants are complimentary and consistent to those in
the surrounding neighborhood and should prove to be a welcomed amenity to the local community. A
detailed description on the proposed use change is enclosed, as well as a parking survey supporting our
property's ability to integrate this new use, and the other application requirements as noted below.
We thank you for your consideration and appreciate your suppo1i.
Enclosu 1;_~s-:
• VJ-a-~ Permit
• Preliminmo/'fit-1 eport
• Project Description & Justification Statement
• Parking Survey by R.K. Engineering
• Plans (Site Plan and Floor Plans)
• Public Hearing Noticing Requirements (Radius Map, Mailing Labels & Affidavit)
• Check No. 1941 for the CUP Application and Public Noticing Fees
PA2022-018
35
Juliette’s Café
1501 Westcliff Dr.
Newport Beach, CA 92660
Introduction
Juliette’s Café will be an upscale fast-casual café (no table service) and retail market. The café will be
placing an emphasis on to-go orders via a custom mobile app and other mainstream online food apps.
Food orders will also be placed on-site for either to-go or self-seating. Customers opting to eat on-site
will place orders at the counter and be handed a number in return to display at their table for a food
runner to deliver.
This Juliette’s Café is not to be confused with its sister/predecessor, Juliette’s Kitchen and Bar. This is to
be a neighborhood café and take-away market to mainly serve the local surrounding neighborhood and
immediate business owners and their employees. There will be no bar seating and no full-service alcohol,
only wine and limited beer offerings will be available. Current planned hours of operation are from 8:00
am - 6:30 pm.
Café
The café will host a third-wave coffee station, bakery selection, deli counter, and wine selection.
Customers will be able to start their morning with limited breakfast and coffee offerings including in-
house roasted coffee and espresso, fresh-baked pastries, cookies and more, and various traditional
breakfast items such as waffles, frittatas, oatmeal, and egg dishes. Moving into lunch service, the deli
counter will offer options from sandwiches with in-house-cured meats to fresh soups and salads. As the
day moves into late afternoon/early evening, wine, cheese and charcuterie pairings will be available with
some small tapas dishes and a few day-round menu items carrying over from breakfast and lunch.
Retail Market
The retail market will carry a variety of coffee, bakery, and wine supplies and accessories, along with pre-
packaged to-go items, kits, bottles, etc. The market will include items such as fresh ground coffee, bulk
tea, coffee/tea supplies and equipment, house-made granola, pastries and cookies, packaged mixes,
sauces, kitchenware, dishes, glasses, bottle openers and other items related to wine, cheese, and
charcuterie. Also included is a separate retail display area of pots and small plants available to purchase
while enhancing the ambiance and décor.
PA2022-018
36
group, inc.engineering
1501 & 1515 WESTCLIFF DRIVE PARKING REVIEWCity of Newport Beach, California
37
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Attachment No. PC 3
Parking Analysis by RK Engineering
Group, Inc., dated January 14, 2022
39
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March 30, 2022
Mr. Brian Martini
DMP PROPERTIES
250 Newport Center Drive, Suite 300
Newport Beach, CA 92660
Subject: 1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
Dear Mr. Martini:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to submit this parking analysis to provide a
parking review for the two buildings located at 1501 & 1515 Westcliff in the City of
Newport Beach. The existing buildings primarily have medical and general office uses.
Under existing conditions, the two-buildings consist of approximately 40,631 gross square
feet.
A manual parking count obtained at the site yielded a total parking supply of 166 parking
spaces. Representatives of the site have recently increased the parking capacity by four (4)
parking spaces. As a result, the project provides a total of 170 dedicated parking spaces
within a surface parking lot. The parking inventory for the project consists of 151 regular
parking spaces, 6 ADA spaces, and 13 timed spaces. The project conforms to the current
ADA parking requirements and standards. The parking spaces are exclusively shared by
tenants and visitors within the study area. Parking onsite for other uses is prohibited.
A list of the existing tenants within the study area are provided in Table 1. Table 1 also
shows details on the existing uses such as the size of each use and the hours of operation.
Exhibits A, B, and C provides an aerial satellite image, site plan, and floor plans of the study
area, respectively. Photographs of the surface parking lot are included in Appendix A.
41
1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
RK17057
Page 2
Proposed Fast Casual Restaurant
Representatives of the buildings are proposing to convert Suite 100-A in Building 1501
from general office use to a fast casual restaurant use located on the first floor. The total
square feet for the restaurant consist of approximately 4,770 gross square feet which
includes 1,186 gross square feet of outdoor patio area.
1. Suite 100-A: 4,770 gross square feet of Juliette Market (Fast Casual Service)
o 3,705 Square Feet of Restaurant (with 1,186 square feet of outdoor patio).
o 1,065 Square Feet of Retail Use
Juliette Market will be an upscale fast-casual café (no table service) and retail market. The
café will be placing an emphasis on to-go orders via a custom mobile app and other
mainstream online food apps. Food orders will also be placed on-site for either to-go or
self-seating. Customers opting to eat on-site will place orders at the counter and be
handed a number in return to display at their table for a food runner to deliver.
Juliette Market will also include a small retail market which will carry a variety of coffee,
bakery, and wine supplies and accessories, along with pre-packaged to-go items, kits,
bottles, etc. There will be no bar seating and no full-service alcohol, only wine and limited
beer offerings will be available. Current planned hours of operation are from 8:00 AM -
6:30 PM.
The objective of the parking analysis is to determine the adequacy of parking for the
proposed restaurant and retail use within the study area assuming a full 100% tenant
occupancy scenario. This will be accomplished by obtaining observed parking demand
surveys at the study area, adding the city code parking requirements for existing tenant
vacancies, and adding the proposed projects’ parking requirements.
42
1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
RK17057
Page 3
City of Newport Beach Parking Requirements: Chapter 20.40.040 Off-Street
Parking Tables (1 & 2)
Based on the parking code requirements, the City of Newport Beach applies a parking rate
of 1 space per 40 square feet of net public area, including outdoor dining areas exceeding
25% of the interior net public area or 1,000 square feet, whichever is less for this type of
restaurant use and 1 space per 250 square feet for retail use. The parking requirement for
the existing tenants (medical, office, and storage) was also calculated and are provided in
Tables 1 & 2.
As identified in Table 1, the existing conditions require a total of 162 parking spaces. Since
the project provides a total of 170 parking spaces, there is a parking code surplus of 8
parking spaces or 5% surplus per code.
Assuming a full-tenant occupancy scenario, the proposed project would require a total of
196 parking spaces as indicated in Table 2. Since the project provides a total of 170
parking spaces, there is a parking code deficiency of 26 parking spaces or 13% deficient
per code. Representatives of the project are seeking a parking waiver for the proposed
restaurant use conversion.
Due to the parking code deficiency on site, observed parking surveys have been obtained to
determine if an adequate number of parking spaces are provided to serve the proposed
restaurant and retail use assuming a 100% tenant occupancy scenario in both buildings.
The City of Newport Beach Chapter 20.40.040 Off-Street Parking Requirements Table 3-10
is provided in Appendix C.
43
1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
RK17057
Page 4
Observed Parking Surveys (Tables 3, 4, & 5)
To more accurately determine the parking required for the existing site and land use mix,
RK obtained parking surveys of the site on the following days at one-hour intervals:
Thursday, November 5th, 2021, 7:00 AM – 8:00 PM
Saturday, November 7th, 2021, 7:00 AM – 8:00 PM
Hourly parking counts were collected onsite from 7:00 AM to 8:00 PM. As a result, a total
of 26 hours of data was collected at the site. The survey hours cover the operating hours of
all existing uses onsite, and the proposed restaurant use which is expected to operate from
8:00 AM to 6:30 PM. Hence, the observed time frame captures the site’s peak parking
demand.
The parking survey was conducted during typical weekday and weekend business
operations and during clear weather conditions. The parking counts were conducted by an
independent third party (Counts Unlimited, Inc.). The number of parked cars within the
study area was determined on an hourly basis.
The observed parking counts captured the vehicles that were parked for buildings 1501 &
1515 Westcliff. At no time were visitors or employees observed to be parking in adjacent
offsite parking lots or along local streets and walking to the site. Furthermore, the site
regularly controls its parking lot with a security guard and appropriate signs are placed to
deter nonusers to park onsite. As a result, the observed parking surveys accurately obtained
parking counts exclusively for both buildings in the study area.
The raw observed parking counts are provided in Appendix D.
When compared to the parking demand calculated through the City’s Municipal Parking
Code shown on Table 1, the observed parking counts are expected to provide a more
accurate and realistic expectation of the site’s parking demand that more precisely
considers the parking characteristics and dynamics of the actual site.
To ensure a typical operational day at the project site, representatives of the building
completed a survey of all tenants to confirm operating hours and if there are employees
44
1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
RK17057
Page 5
working remotely. Based on the results of the survey, no tenants are working remotely or
have "modified" hours due to Covid-19. All are working their normal stated hours on site.
To determine the peak parking demand assuming a 100% full-tenant occupancy scenario,
all existing tenant vacancies and the proposed project was added to the observed parking
counts.
The City of Newport Beach parking rates were applied to the existing tenant vacancies and
to the proposed project. The ULI (Urban Land Institute) Shared Parking, Third Edition,
time-of-day adjustments were utilized to accurately determine the hourly parking variations
for the vacant medical and general office uses. It was also applied to the proposed
restaurant use.
The proposed restaurant operations are consistent with the ITE (Institute of Transportation
Engineers) Parking Generation Manual, 5th Edition Fast Casual land use designation. ITE
defines Fast Casual Restaurant as follows:
“A fast casual restaurant is a sit-down restaurant with no (or very limited)
wait staff or table service. Customers typically order off a menu board, pay
for food before the food is prepared and seat themselves. The menu
generally contains higher quality made to order food items with fewer frozen
or processed ingredients than at a fast-food restaurant. Most patrons eat
their meal within the restaurant, but a significant proportion of the
restaurant sales are carry-out orders. The restaurants typically serve lunch and
dinner; some serve breakfast. A typical duration of stay for an eat-in
customer is 40 minutes or less…”
The proposed fast casual restaurant use is consistent with the restaurant designation
published in the Parking Generation Manual, 5th Edition. As a result, the ULI "Fast Casual"
land use is the appropriate land-use designation to determine the time-of-day percentages
for visitors and employees during weekday and weekend conditions.
Appendix B includes the ITE Parking Generation Manual, 5th Edition Fast Casual land use
full description.
45
1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
RK17057
Page 6
The projected parking demand calculations are considered conservative. Typically, a
restaurant use will serve a small portion of office uses that are also onsite. For example,
some medical and general office employees who are already parked on site may visit the
restaurant. This is known as a non-captive ratio. The non-captive ratio represents the
number of vehicles which are counted for parking at secondary land uses. This eliminates
double counting of parking space requirements. As a conservative measure, the parking
calculations do not include a non-captive ratio, and the full projected parking demands are
being utilized.
The ULI Shared Parking, Third Edition Hourly Weekday and Weekend Time-of-Day
Adjustments are provided in Appendix E.
As shown in Tables 3 and 4, based on actual observed parking demand counts at the site
with a 100% tenant occupancy scenario and the proposed project:
Table 3: The total calculated peak parking demand on Thursday, November 4, 2021,
occurred at 12:00 PM when a total of 121 vehicles were parked, resulting in 71%
occupancy. Since the site has a parking capacity of 170 spaces, a total of 49 parking
spaces are available during the peak demand time on Thursday. This was the
maximum observed parking demand for the site.
Table 4: The total calculated peak parking demand on Saturday, November 6, 2021,
occurred at 12:00 PM when a total of 65 vehicles were parked, resulting in 38%
occupancy. Since the site has a parking capacity of 170 spaces, a total of 105
parking spaces are available during the peak demand time on Saturday.
Table 5 summarizes the peak observed parking demands with a 100% tenant occupancy
and proposed conditions scenario.
Based on the results of the observed parking surveys and assuming a 100% full-
tenant occupancy scenario, the project has enough parking spaces available to
support the proposed restaurant conversion during weekday and weekend
conditions.
46
1501 & 1515 Westcliff Drive Parking Review, City of Newport Beach
RK17057
Page 7
Conclusion
When considering the City of Newport Beach parking code requirements with a 100% full-
tenant occupancy scenario with the proposed project, the site has a code required parking
deficiency of 26 parking spaces. As a result, an observed parking analysis was completed to
determine if the site has enough parking spaces available to accommodate the proposed
restaurant conversion. This was accomplished by obtaining 26 hours of parking surveys at
the site.
Based upon the two (2) observed parking surveys and assuming a 100% full-
tenant occupancy scenario, the 170 parking spaces that are provided are
sufficient to accommodate the proposed restaurant uses during peak parking
demand times.
RK Engineering Group, Inc. appreciates the opportunity to work with DMP Properties and
the City of Newport Beach on this project. If you have any questions regarding the analysis, or
would like further review, please do not hesitate to contact us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Rogier Goedecke
President
RK17057
JN:2645-2021-01
47
Exhibits
48
49
engineeringgroup, inc.engineering
NN
Site PlanExhibit B
1501 & 1505 WESTCLIFF DRIVE PARKING REVIEW, City of Newport Beach, CA
2645-2021-01
Legend:
= Proposed Restaurant
= Proposed Restaurant Site Boundary
50
51
Tables
52
100 Union Bank Monday - Friday 9 AM - 5 PM Financial Institution 8,796 22%
100-A Vacant (Union Bank)
(FUTURE RESTAURANT CONVERSION)N/A - Vacant Financial Institution 3,585 9%
Building1515 U.S. Bank Monday - Friday 9 AM - 5 PM Financial Institution 10,542 26%
200 Pierce Chiropractic
Monday - Friday 9 AM - 5 PM Office - Medical 540 1%
201 Dr. Lifestyle (Dr. Yu & Dr. Mondala)
Monday - Friday
9 AM - 5 PM Office - Medical 556 1%
210 VACANT MEDICAL N/A - Vacant Office - Medical 1,530 4%
225 Dr. Beth Lo
Monday - Friday 8:30 AM - 5 PM Office - Medical 818 2%
230 Amy Berisha Skincare
Monday - Friday
8 AM - 5 PM Office - General 581 1%
240 Jennifer Rosenfeld, N.P.
Monday, Wednesday, Friday
9 AM - 5:30 PM Office - Medical 617 2%
250 Dr. George Martinez | Chiropractic
Monday - Friday 9 AM - 6 PM Office - Medical 629 2%
260 Ambition Media LLC & Searles Development, LLC Monday - Friday 8 AM - 6 PM Office - General 725 2%
270 AllView Real Estate
Monday - Friday
8 AM - 5 PM Office - General 1,040 3%
280 VACANT GENERAL OFFICE N/A - Vacant Office - General 778 2%
285 HG Home Goods
Monday - Friday 8 AM - 3 PM Office - General 781 2%
290 Christian Counseling
Monday - Friday 8 AM - 8 PM Office - General 493 1%
300 Dr. Steve Yu | Rox
Monday - Friday 9 AM - 5 PM Office - Medical 1,099 3%
301 Allyson Berkey MD PC | Beyond Regenerative
Medicine & Aesthetics
Tuesday - Saturday
10 AM - 5 PM Office - Medical 833 2%
302 Restore Med Clinic | Dr. Harris
Monday - Friday
9 AM - 5 PM Office - Medical 475 1%
303 Restore Med Clinic
Monday - Friday
9 AM - 5 PM Office - Medical 1,209 3%
305 Jenna Flowers, PhD
Monday 9 AM - 8 PM
Tuesday 12 PM - 8 PMWednesday 9AM - 9 PMThursday 8 AM - 9 PM
Friday 12 PM - 7 PM
Saturday 9 PM - 2 PM
Office - General 421 1%
306 Chaparral Capital, LLC
Monday - Friday
8 AM - 5 PM Office - General 574 1%
307 VACANT GENERAL OFFICE N/A - Vacant Office - General 1,472 4%
309 Restore Med Clinic
Monday - Friday 9 AM - 5 PM Office - Medical 306 1%
310 Mainspring Family Wellness
Monday - Friday
9 AM - 8 PM Office - General 464 1%
320 Verizon Wireless
Monday - Friday
9 AM - 5 PM Storage 522 1%
323 Verizon Wireless
Monday - Friday 9 AM - 5 PM Storage 306 1%
325 Dr. Steve Dennis
Monday - Friday 8 AM - 5 PM Office - Medical 939 2%
40,631 100%
1,530 4%
5,835 14%
Parking Code1 Number of Spaces Required
9,551 24%
8,126 20%1 per 250 Square Feet 32.50
1,425 4%1 per 200 Square Feet 7.12
9,551 24%Medical Office Parking Requirement 39.63
30,252 74%1 per 250 Square Feet 121.01
828 2%1 per 2,000 Square Feet 0.41
40,631 100%Total Required Parking 161.05
162
170
8
5%
Total Required Parking Per Newport Beach Municipal Code (Fractional Spaces Rounded Up)
Percent of
Gross Floor
Area
Suite
Total Medical Office
Total General Office / Financial
20% of Total Building Parked at 1/250
Remaining Medical Office Parked at 1/200
Total Medical Office
Total Building
Total Storage
Parking Requirements per Land Uses
Table 11501 & 1515 Westcliff, Newport Beach
Required Parking Sec 20.40.040¹ (Existing Conditions)
Gross Floor Area (S.F)Hours of OperationTenant Land Use
Comments
Ownership called and surveyed all existing tenants to confirm their
hours on 11/15/21 and 11/16/21. No tenants are working remotely or
have "modified" hours due to Covid-19. All are working their normal stated hours on site.
Total Number of Parking Spaces Provided On-Site2
Number of Parking Spaces in Surplus per Municipal Code
Percent of Parking Spaces in Surplus per Municipal Code
1 Parking requirements are based on the City of Newport Beach Chapter 20.40.040 Off-Street Parking Requirements Table 3-10. Office buildings with up to 20% medical office use are parked at the general office rate of 1 space per 250 square feet of gross floor
area. Medical office space that existed prior to 2005 are parked at the general office rate of 1 space per 250 square feet of gross floor area.
2 Representatives of the project added four (4) parking spaces on November 15, 2021. As a result, the parking lot has a total of 170 parking spaces that are exclusively used by tenants and visitors of the site.
Medical Office - Certificate of Occupancy 11/20/1997Permit B9702071 Plan No. 1285-97
Hours vary based on patients' schedules with periodic weekend hours.
Total Medical Office Tenant Vacancy
Total Office Tenant Vacancy
Periodic weekend hours.
Total Gross Floor Area
RK17057TB
JN:2645-2021-01 53
Outdoor Patio Area
(S.F.)
25% of
Interior Net Public Area (S.F.)
Amount of
Outdoor Area Requiring Parking (S.F.)
Restaurant 3,705 9%738 1,186 185 1,000 1,738
1 space per 40 square feet of net public area,
including outdoor dining areas exceeding 25% of the interior net public area or 1,000 square feet, whichever is less
44.00
Retail 1,065 3%1 per 250 square feet 5.00
4,770 11%738 1,186 185 1,000 1,738 49.00
100 Union Bank Monday - Friday
9 AM - 5 PM Financial Institution 8,796 21%
Building1515 U.S. Bank Monday - Friday 9 AM - 5 PM Financial Institution 10,542 25%
200 Pierce Chiropractic Monday - Friday 9 AM - 5 PM Office - Medical 540 1%
201 Dr. Lifestyle (Dr. Yu & Dr. Mondala) Monday - Friday 9 AM - 5 PM Office - Medical 556 1%
210 VACANT MEDICAL N/A - Vacant Office - Medical 1,530 4%
225 Dr. Beth Lo
Monday - Friday 8:30 AM - 5 PM Office - Medical 818 2%
230 Amy Berisha Skincare
Monday - Friday
8 AM - 5 PM Office - General 581 1%
240 Jennifer Rosenfeld, N.P.
Monday, Wednesday, Friday
9 AM - 5:30 PM Office - Medical 617 1%
250 Dr. George Martinez | Chiropractic
Monday - Friday 9 AM - 6 PM Office - Medical 629 2%
260 Ambition Media LLC & Searles Development, LLC Monday - Friday 8 AM - 6 PM Office - General 725 2%
270 AllView Real Estate
Monday - Friday 8 AM - 5 PM Office - General 1,040 2%
280 VACANT GENERAL OFFICE N/A - Vacant Office - General 778 2%
285 HG Home Goods
Monday - Friday
8 AM - 3 PM Office - General 781 2%
290 Christian Counseling
Monday - Friday 8 AM - 8 PM Office - General 493 1%
300 Dr. Steve Yu | Rox
Monday - Friday 9 AM - 5 PM Office - Medical 1,099 3%
301 Allyson Berkey MD PC | Beyond Regenerative Medicine & Aesthetics
Tuesday - Saturday 10 AM - 5 PM Office - Medical 833 2%
302 Restore Med Clinic | Dr. Harris
Monday - Friday
9 AM - 5 PM Office - Medical 475 1%
303 Restore Med Clinic
Monday - Friday
9 AM - 5 PM Office - Medical 1,209 3%
305 Jenna Flowers, PhD
Monday 9 AM - 8 PMTuesday 12 PM - 8 PMWednesday 9AM - 9 PM
Thursday 8 AM - 9 PMFriday 12 PM - 7 PM
Saturday 9 PM - 2 PM
Office - General 421 1%
306 Chaparral Capital, LLC
Monday - Friday 8 AM - 5 PM Office - General 574 1%
307 VACANT GENERAL OFFICE N/A - Vacant Office - General 1,472 4%
309 Restore Med Clinic
Monday - Friday 9 AM - 5 PM Office - Medical 306 1%
310 Mainspring Family Wellness
Monday - Friday 9 AM - 8 PM Office - General 464 1%
320 Verizon Wireless
Monday - Friday 9 AM - 5 PM Storage 522 1%
323 Verizon Wireless
Monday - Friday 9 AM - 5 PM Storage 306 1%
325 Dr. Steve Dennis
Monday - Friday 8 AM - 5 PM Office - Medical 939 2%
41,816 100%
4,770 11%
9,551 23%
8,363 20%
1,188 3%
9,551 23%
26,667 64%
828 2%
41,816 100%
1 Parking requirements are based on the City of Newport Beach Chapter 20.40.040 Off-Street Parking Requirements Table 3-10. Office buildings with up to 20% medical office use are parked at the general office rate of 1 space per 250 square feet of gross floor area. Medical office space that existed prior to 2005 are parked at the general office rate of 1 space per 250 square feet of gross floor area.
2 Representatives of the project added four (4) parking spaces on November 15, 2021. As a result, the parking lot has a total of 170 parking spaces that are exclusively used by tenants and visitors of the site.
Hours vary based on patients' schedules with periodic weekend hours.
Medical Office - Certificate of Occupancy 11/20/1997Permit B9702071 Plan No. 1285-97
Number of Spaces
Required
Juliette Market (Proposed)
(4,770 GSF) Mixed retail / Fast Casual restaurant use w/ patio)3,705 gross square feet of restaurant (with 1,186 GSF of outdoor patio) and1,065 GSF of retail use
PROPOSED RESTAURANT/RETAIL
Table 21501 & 1515 Westcliff, Newport BeachRequired Parking Sec 20.40-040¹ (Existing Plus Proposed Conditions)
Suite Tenant Hours of Operation Land Use Gross Floor Area (S.F)
Percent of Gross Floor
Area
Interior Net Public Area
(S.F.)
Outdoor Patio
Total (S.F.)Parking Code1
Monday - Sunday8 AM - 6:30 PM
TOTAL RESTAURANT/RETAIL
NON-RESTAURANT (Medical Office / General Office / Financial)
COMMENTS
100-A
Periodic weekend hours.
49.00
33.45
5.941 per 200 Square Feet
1 per 250 Square Feet
Total Medical Office
Total General Office / Financial Institution
Total Storage
Total Building
Total Gross Floor Area
Parking Requirements per Land Uses
Total Medical Office
20% of Total Building Parked at 1/250
Remaining Medical Office Parked at 1/200
Total Required Parking Per Newport Beach Municipal Code (Fractional Spaces Rounded Up)
Number of Parking Spaces Deficient per Municipal Code
0.41
195.47
196
170
-26
Parking Code1
Total Required Parking
1 per 2,000 Square Feet
1 per 250 Square Feet
Medical Office Parking Requirement
Total Proposed Restaurant/Retail See Top of Table
39.39
106.67
Number of Spaces Required
-13%Percent of Parking Spaces Deficient per Municipal Code
Total Number of Parking Spaces Provided On-Site2
RK17057TBJN:2645-2021-01
54
Time-of-Day
1,530 Square Feet 2,250 Square Feet 3,705 Square Feet (Restaurant)1,065 Square Feet (Retail)
151 6 13 170 Employees Visitors Employees Visitors Employees Visitors Employees Visitors
7:00 AM 6 0 2 8 1 0 1 0 1 4 0 0 15 9%155
8:00 AM 6 0 3 9 3 5 4 0 2 8 0 1 31 18%139
9:00 AM 16 0 4 20 3 5 7 0 2 11 0 1 51 30%119
10:00 AM 27 0 9 36 3 5 8 1 5 21 1 2 82 48%88
11:00 AM 36 0 10 46 3 5 8 0 6 32 1 3 105 62%65
12:00 PM 48 0 12 60 3 2 7 0 6 38 1 4 121 71%49
1:00 PM 43 1 11 55 3 5 7 0 6 38 1 4 119 70%51
2:00 PM 45 1 6 52 3 5 8 1 6 34 1 4 113 67%57
3:00 PM 44 1 7 52 3 5 8 0 4 23 1 3 100 59%70
4:00 PM 45 1 6 52 3 5 7 0 4 21 1 3 96 56%74
5:00 PM 30 0 6 36 3 4 5 0 4 23 1 3 79 47%91
6:00 PM 10 0 0 10 2 3 2 0 6 32 1 4 60 35%110
7:00 PM 3 0 0 3 1 2 1 0 6 30 1 3 47 27%123
8:00 PM 2 0 0 2 0 1 0 0 4 19 1 3 30 17%140
4 The proposed restaurant and retail use was added to the observed parking counts. The City of Newport Beach parking requirements (See Table 2) for both uses were added to the table with the ULI Shared Parking Third Edition time-of-day factors and visitor/employee ratio to account for the hourly parking demand for visitors and employees. The "Fast Casual" and "Retail" land use designations were used to in the ULI model to determine the time-of-day percentages for the proposed restaurant and retail uses.
Add Proposed Juliette MarketFast Casual Restaurant/Retail
(49 Spaces Required)4
Number of
Parking Spaces
3 At the time of the observed parking survey, the project had a total of 2,250 square feet of vacant general office use. The City of Newport Beach parking requirements (1 space per 250 SF) were added to the table with the ULI Shared Parking Third Edition time-of-day factors and visitor/employee ratio to account for the hourly parking demand for visitors
and employees.
Regular
Parking
Spaces
ADA
Spaces
Total Observed
Parking Demand
Add Existing Medical Office Vacancy
(8 Spaces Required)2
Add Existing General Office Vacancy
(9 Spaces Required)3Timed
Spaces
¹ The parking surveys were obtained by Counts Unlimited Inc. (third-party independent traffic data collection company) during typical operations and weather conditions.
2 At the time of the observed parking survey, the project had a total of 1,530 square feet of vacant medical office use. The City of Newport Beach parking requirements (1 space per 200 SF) were added to the table with the ULI Shared Parking Third Edition time-of-day factors and visitor/employee ratio to account for the hourly parking demand for visitors
and employees.
Total Parking Demand
(Full Tenant Occupancy
and Proposed Project)
Percent of
Occupied Parking
Spaces
Number of
Parking Spaces
Available
Table 3
1501 & 1515 Westcliff, Newport Beach
Observed Parking Survey Results with 100% Tenant Occupancy & Proposed Project1
Thursday, November 4, 2021
City of Newport Beach Parking Requirements & ULI Time-of-Day Factors (Vacant and Proposed Uses)Observed Parking Counts1
RK17057TBJN:2645-2021-01
55
Time-of-Day
1,530 Square Feet 2,250 Square Feet 3,705 Square Feet (Restaurant)1,065 Square Feet(Retail)
151 6 13 170 Employees Visitors Employees Visitors Employees Visitors Employees Visitors
7:00 AM 1 0 0 1 0 0 2 0 1 4 0 0 8 5%162
8:00 AM 2 0 0 2 0 0 5 0 2 8 0 1 18 11%152
9:00 AM 2 0 0 2 0 0 7 1 2 11 1 2 26 15%144
10:00 AM 5 0 0 5 0 0 7 1 5 21 1 3 43 25%127
11:00 AM 6 0 0 6 0 0 8 1 6 32 1 4 58 34%112
12:00 PM 8 0 0 8 0 0 7 1 6 38 1 4 65 38%105
1:00 PM 6 0 0 6 0 0 7 1 6 38 1 4 62 37%108
2:00 PM 4 0 0 4 0 0 5 0 6 34 1 4 54 32%116
3:00 PM 5 0 0 5 0 0 3 0 4 23 1 4 40 24%130
4:00 PM 2 0 0 2 0 0 2 0 4 21 1 4 33 19%137
5:00 PM 3 0 0 3 0 0 1 0 4 23 1 3 35 21%135
6:00 PM 2 0 0 2 0 0 0 0 6 32 1 3 44 26%126
7:00 PM 2 0 0 2 0 0 0 0 6 30 1 3 41 24%129
8:00 PM 2 0 1 3 0 0 0 0 4 19 1 3 29 17%141
3 At the time of the observed parking survey, the project had a total of 2,250 square feet of vacant general office use. The City of Newport Beach parking requirements (1 space per 250 SF) were added to the table with the ULI Shared Parking Third Edition time-of-day factors and visitor/employee ratio for to account for the hourly
parking demand for visitors and employees. As a conservative measure, the weekday full parking demand is being applied to the weekend general office parking ratio.
Number of
Parking Spaces Available
Table 4 1501 & 1515 Westcliff, Newport BeachObserved Parking Survey Results with 100% Tenant Occupancy & Proposed Project1
Saturday, November 6, 2021
Regular
Parking
Spaces
ADA
Spaces
Total Observed
Parking Demand
Add Existing
Medical Office Vacancy
(8 Spaces Required)2
Add Existing
General Office Vacancy
(9 Spaces Required)3
Add Proposed Juliette Market
Fast Casual Restaurant/Retail
(49 Spaces Required)4
Number of
Parking Spaces
City of Newport Beach Parking Requirements & ULI Time-of-Day Factors (Vacant and Proposed Uses)
4 The proposed restaurant and retail use was added to the observed parking counts. The City of Newport Beach parking requirements (See Table 2) for both uses were added to the table with the ULI Shared Parking Third Edition time-of-day factors and visitor/employee ratio to account for the hourly parking demand for visitors and employees. The "Fast Casual" and "Retail" land use designations were used to in the ULI model to determine the time-of-day percentages for the proposed restaurant and retail uses.
Observed Parking Counts1
Timed
Spaces
¹ The parking surveys were obtained by Counts Unlimited Inc. (third-party independent traffic data collection company) during typical operations and weather conditions.
2 At the time of the observed parking survey, the project had a total of 1,530 square feet of vacant medical office use. The City of Newport Beach parking requirements (1 space per 200 SF) were added to the table with the ULI Shared Parking Third Edition time-of-day factors and visitor/employee ratio to account for the hourly
parking demand for visitors and employees.
Total Parking Demand
(Full Tenant Occupancy and Proposed Project)
Percent of
Occupied Parking Spaces
RK17057TB
2645-2021-01
56
Table Date Peak
Demand Time
Peak
Parking Demand
On-Site
Parking Capacity
Peak
Parking Utilization
Available
Parking Spaces
3 Thursday, November 4, 2021 12:00 PM 121 170 71%49
4 Saturday, November 6, 2021 12:00 PM 65 170 38%105
Table 5
1501 & 1515 Westcliff, Newport Beach
Summary of Peak Observed Parking Demand with 100% Tenant Occupancy and Proposed Project1
¹ The parking surveys were obtained by Counts Unlimited Inc. (third-party independent traffic data collection company) during typical operations and weather conditions.
RK17057TB
2645-2021-01 57
Appendices
58
Appendix A
Photographs of Study Area
1501 & 1515 Westcliff, Newport Beach
59
INTENTIONALLY BLANK PAGE60
61
62
63
64
65
66
67
68
69
70
71
Appendix B
ITE Parking Generation Manual 5th Edition
Fast Casual Restaurant Description
72
73
Appendix C
City of Newport Beach
Chapter 20.40.040
Off-Street Parking Requirements Table 3-10
74
75
76
77
78
79
80
Appendix D
Observed Parking Demand Surveys
Counts Unlimited Inc.
Thursday, November 4, 2021
Saturday, November 6, 2021
81
1501 and 1515 Westcliff Drive
Newport Beach, CA
Thursday, November 4th, 2021
Inventory 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM
Regular 147 6 6 16 27 36 48 43 45 44 45 30 10 3 2Handicap600000011110000
Timed 13 2 3 4 9 10 12 11 6 7 6 6 0 0 0
Total 166 8 9 20 36 46 60 55 52 52 52 36 10 3 2
Percent Occupied 5%5%12%22%28%36%33%31%31%31%22%6%2%1%
Counts Unlimited, Inc.PO Box 1178Corona, CA 92878
951-268-6268 82
1501 and 1515 Westcliff Drive
Newport Beach, CA
Saturday, November 6th, 2021
Inventory 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM
Regular 147 1 2 2 5 6 8 6 4 5 2 3 2 2 2Handicap600000000000000Timed1300000000000001
Total 166 1 2 2 5 6 8 6 4 5 2 3 2 2 3
Percent Occupied 1%1%1%3%4%5%4%2%3%1%2%1%1%2%
Counts Unlimited, Inc.PO Box 1178Corona, CA 92878
951-268-6268 83
Appendix E
ULI (Urban Land Institute)
Shared Parking Manual Third Edition
Time-of-Day Adjustments
84
85
FIGURE 2-4 Weekday Time-of-Day Adjustments
Retail typical Visitors
December Visitors
Late December Visitors
All Employees
Supermarket/ Visitors
grocery Employees
Pharmacy Visitors
Employees
Discount stares/ Visitors
superstores Employees
Home Visitors
improvement Employees stares/garden
Fine/casual Visitors
dining Employees
Family Visitors
restaurant Employees
Fast casual/ Visitors
fast food/food Employees court/food halls
Bar/lounge/ Visitors
nightclub Emp~9yees
Family Visitors
entertainment ~mployees ------
Active Visitors
entertainment ~loyees -----·-
Adult active Visitors
e11tertainment Employees ---------
All movies Visitors
typical
Late Visitors
December
All Employees
-----~· Live theater Visitors
Employees
Outdoor Visitors
amphitheater Employees
Public park/ Visitors
destination Employees open space
Museum/ Visitors
aquarium Employees
Arena Visitors
No matinee Employees
26 I SHARED PARKING
1. 7 8 9 10
p.m. p.m. p.m. pm.
1% 5% 15% 35% 60% 75% 100% 100% 95% 85% 85% 85% 90% 80% 65% 45% 15% 5% 0%
1% 5% 15% 30% 55% 75% 90% 100% 100% 95% 80% 85% 90% 90% 85% 50% 30% 10% 0%
1% 5% 10% 20% 40% 65% 90% 100% 100% 100% 95% 85% 70% 55% 40% 25% 15% 5% 0%
10% 15% 25% 45% 75% 95% 100% 100% 100% 100% 100'% 100% 100% 100% 90% 60% 40% 20% 0% R----U%--M--------RR ______ 1_1_1_1 _________ _
5% 20% 30% 60% 60% 67% 85% 90% 95% 97% 100% 100% 100% 85% 55% 35% 20% 5% 5%
20% 30% 40% 80%
15% 35% 45% 65%
25% 45% 55% 75%
15% 20% 35% 55%
25% 30% 45% 65%
0% 0% 0% 0%
0% 20% 50% 75%
25% 50% 60% 75%
50% 75% 90% 90% -5% 10% 20% 30%
20% 20% 30% 40%
0% 0% 0% 0%
0% 0% 0% 5%
0% 0% 0% 0%
0% 0% 5% 25% ~ -
0% 0% 0% 0%
5% 5% 5% 25% I----0% 0% 0% 0%
0% 0% 0% 5%
f--0% 0% 0% 0%
0% 0'% 0% 0%
0% 0% 0% 0% -
0% 0% 0% 1%
0% 10% 10% 20% ,______ ----,______
0% 0% 0% 1%
0% 10% 10% 20%
1% 5% 10% 25%
5% 10% 25% 50%
0% 0% 0% 0%
5% 5% 5% 25% ---
0% 0% 0% 1%
0% 10% 10% 20%
90% 100% 100% 100% 100% 100% 100% 100% 80% 50% 35% 20% 20% 20% 20%
75% 85% 100% 100% 100% 100% 95% 85% 75% 60% 45% 30% 10% 5% 1%
85% 100% 100% 100% 100% 100% 100% 95% 85% 70% 55% 40% 20% 20% 20%
85% 99% 100% 99% 98% 90% 85% 80% 75% 60% 50% 30% 10% 0% 0%
95% 100% 100% 100% 100% 100% 95% 90% 85% 70% 60°/o 40% 20% 0% 0%
Food and beverage
15% 40% 75% 75% 65% 40% 50% 75% 95% 100% 100% 100% 95% 75% 25%
90% 90% 90% 90% 90% 75% 75% 100% 100% 100% 100% 100% 100% 85% 35%
85% 90% 100% 90% 50% 45% 45% 75% 80% 80% 80% 60% 55% 75% 25%
100% 100% 100% 100% 100% 75% 75% 95% 95% 95% 95% 80% 65% 65% 35% -
55% 1.85% 100% 100% 90% 60% 55% 60% 95% 90% 50% 30% 20% 10% 5%
75% 100% 100% 100% 95% 70% 60% 70% 90% 90% 60% 40% 30% 20% 20%
-
0% 0% 0% 0% 0% 0% 0% 0% 25% 50% 75% 100% 100% 75% 50%
5% 5% 5% 10% 10% 10% 20% 45% 70% 100% 100% 100% 100% 90% 60% -~
Entertainment
45% t65% 85% 95% 100% 1.95% 90% 70% 60% 45% 0% 0% 0% 0% 0%
75% 100% 100% 100% 100% 100% 100% 80% 70% 55% 10% 5% 5% 5% 5% -
25% 1.65% 95% 90% 95% 195% 90% 95% 100% 95% 90% 65°/o 10% 0% 0%
75% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 75% 10% 5% 5%
0% 0% 0% 0% 0% 0% 0% 0% 25% 50% 75% 100% 100% 100% 00%
5% 5% 5% 10% 10% 10% 20% 45% 70°/o 100% 100% 100% 100% 100% 00% ~ f--0% 0% 20% t~5% 55% 55% 55% 60% 60% 80% 100% 00% 80% 65% 40%
0% 0% 35% 60% 75% 80% 80% 80% 70% 80% 00% 00% 95% 70% 55%
0% 10% 50% 60% 60% 75% 75% 100% 00% 00% 100% 100% 100% 70% 50% ----f-----I---·
1% 1% 1% 1% 1% 1% 1% 1% 1% 25% 00% 100% 0% 0% 0%
20% 20% 30% 30% 30% 30% 30% 30% 100% 00% 00% 00% 30% 10% 5% --1% 1% 1% 1% 1% 1% 1% 1% 1% 25% 00% 00% 0% 0% 0%
20% 20% 30% 30% 30% 30% 30% 30% 00% 00% 00% 00% 30% 10% 5%
50% 65% 95% 95% 00% 95% 90% 70% 90% 00% OO~a 00% 80% 50% 10%
75% 00% 00% 00% 00% 00% 00% 80% 00% 00% 00% 00% 00% 60% 20%
---~-
45% 65% 85% 95% 00% 95% 90% 85% 60% 30% 10% 0% 0% 0% 0%
75% 00% 00% 00% 00% 00% 00% 90% 75% 10% 5% 0% 0% 5% 5% -1% 1% 1% 1% 1% 1% 1% 1% 10% 25% 00% 00% 95% 0% 0%
20% 20% 30% 30% 30% 30% 30% 30% 00% 00% 00% 00% 30% 10% 5%
[continued on next page)
86
FIGURE 2-4 (continued]
-111111111111111111
Entertainment [continued]
Pro football Visitols 0% 0% 0% 1% 1% 1% 5% 5% 5% 5% 5% 5% 10% 50% 100% 100% 85% 25% 0%
stadium
8 p.m. start Employees 0% 10% 10% 20% 20% 20% 30% 30% 30% 30% 30% 30% 100% 100% 100% 100% 100% 25% 10% ---!Pro baseball Visitors 0% 0% 0% 1% 1% 1% 5% 5% 5% 5% 5% 5% 10% 50% 100% 100% 85% 25% 0%
,Stadium Employees 0% 10% 10% 20°/o 20% 20% 30% 30% 30% 30% 30% 30%, 100% 100% 100% 100% 100% 25% 10% ' Health dub Visitors 7.0% 40% 40% 70% 70% 80% 60% 70% 70% 70% 80% 90% 100% 90% 80% 70% 35% 10% 0%
Employees 75% 75% 75% 75% 75% 75% 75% 75% 75% 75% 75% 100% 100% 75% 50% 20% 20% 20% 0%
: PUb!ic-library Visitors 0% 0% 0% 100% 100% 98°4> 98% 78% 72% 65% 70% 79% 60% 50% 40% 0% 0% 0% 0%
I Employees 0% 10% 50% 100% 100% 100% 100% 100% 100% 100% 1.00% 90% 75°1,o 50% 20% 10% 0% 0% 0% ---e-
Daycare center Visitors 0% 2% 25% 75% 20% 20% 20% 20% 20% 20% 100% 50% 20% 5% 0% 0% 0% 0% 0%
Employees 0% 50% 75% 90% 90% 90% 90% 90% 90% 100% 100% 100% 60% 40% 10% 0% 0% 0% 0%
~Convention Visitors 0% p% 50% 100% 100% 100% 100% 100% 100% 100% 100% 100% 50% 30% 30% 10% 0% 0% 0%
;:::erter Employees 5% 30% 33% 33% 100% 100% 100% 100% 100% 100% 90% 70% 40% 25% 20% 20% 5% 0% 0%
Hotel and residential
Hotel-business Visitors 95% 90% 80% 70% 60% 60% 55% 55% 60% 60% 65% 70% 75% 75% 80% 85% 95% 100% 100%
Hotel-leisure Visitors 95% 95% 90% 80% 70% 70% 65% 65% 70% 70% 75% 80% 85% 85% 90% 95% 95% 100% 100%
Employee Employees 10% 30% 100% 100% 100% 100% 100% 100% 100% 100% 70% 70% 40% 20% 20% 20% 20% 10% 5%
Restaurant/ Visitors 0% 10% 30% 10% 10% 5% 100% 100% 33% 10% 10% 30% 55% 60% 70% 67% ,60% 40% 30%
lounge
Meeting/banquet Visitors 0% 0% 30% 60% 60% 60% 65% 65% 65% 65% 65% 100% 100% 100% 100% 100% 50% 0% 0%
I <1 DO sq ft/key)
Convention Visitors 0% 0% 50% 100% 100% 100% 100% 100% 100% 100% 100% 100% 50% 30% 30% 10% 0% 0% 0%
I> 100 sq ft/key)
.Employee Employees 10% 10% 60% 100% 100% 100% 100% 100% 100% 100% 100% 100% 60% 40% 40% 20% 0% 0% 0%
t.iie.sidential -f----~------
Visitors 0% 10% 20% 20% 20% 20% 20% 20% 20% 20% 20% 40% 60% 100% 100% 100% 100% 80% 50% r~~.~s~
\.-~.~sldent Residents 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%
;_reserved f.,,
t.R~~i~ential
[~Y~_lirban
Residents 95% 80% 67% 55% 50% 45% 40% 40% 40% 40% 45% 50% 60% 70% 80% 85% 95% "97% 100%
}ffElsjdential
J:U.r;baii
Residents 95% 85% 75% 65% 60% 55% 50% 50% 50% 55% 60% 65% 70% 75% 80% 85% 95% 97% 100%
Active senior Visitors &
--~-
95% 97% 100% 100% 99% 98% 98% 99% 98% 100% 99% 94% 96% 98% 97% 97% 97% 98% 98%
housing employees
Residents 95% 97% 100% 100% 99% 98% 98% 99% 98% 100% 99% 94% 96% 98% 97% 97% 97% 98% 98% ----·-·--Office
?fl;,, Visitors 0% 1% 20% 60% 100% 1.45% 15% 45% 95% 45% 15% 10% 5% 2% 1% 0% 0% 0% 0%
~ •••....
Employees 3% 15% 50% 90% 100% 100% 85% 85% 95% 95% 85% 60% 25% 15% 5% 3% 1% 0% 0%
unreserved
Employees 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100o/o 100% 100% 100% 100%
reserved ---· Medical/ Visitors 0% 0% 90% 90% 100% 100% 30% 90% 100% 100% 90% 80% 67% 30% 15% 0% 0% 0% 0%
dental office Employees 0% 20% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 67% 30% 15% 0% 0% 0% 0%
[$,~·D)t \drive-in Visitors 0% 0% 50% 90% 100% 150% 50% 50% 70% 50% 80% 100% 0% 0% 0% 0% 0% 0% 0%
. ~?f~:i'~h) Employees 0% 0% 60% 100% 100% 100% 100% 100% 100% 100% 100% 00% 0% 0% 0% 0% 0% 0% 0% --·-------
Source: See chapter 4 discussions for each land use.
METHODOLOGY, ANALYSIS, AND ASSUMPTIONS I 27 87
FIGURE 2-5 Weekend Time-of-Day Adjustments
Retail typical
December
Visitors
Visitors
1% 5% 30% 50% 70% 90% 95% 100% 100% 95% 90% 80% 75% 70% 65% 50% 30% 10% 0%
1% 5% 10% 35% 60% 85% 100% 100% 100% 100% 90% 80% 65% 60% 55% 50% 35% 15% 1%
Late December Visitors 1% 5% 10% 20% 40% 60% 80% 95% 100% 100% 95% 85% 70% 60% 50% 30% 20% 10% 0%
All Employees 10% 15% 40% 75% 85% 95% 100% 100% 100% 100% 100% 95% 85% 80% 75% 65% 45% 15% 0'.l/o
Supermarket/ Visitors 10% 25% 50% 75% 95% 100% 100% 100% 100% 100% 100% 90% 50% 33% 25% 15% 5% /f% 3%
grocery Employees 15% 35% 70% 85% 100% 100% 100% 100% 85% 75% 60% 55% 45% 40% 30% 20% 1011/11 10% 5%
Pharmacy Visitors 8% 25% 50% 75% 95% 100% 100% 100% 100% 100% 100% 90% 50% 33% 25% 15% 5% 4% 3%
-----·-+~mployees 15% 35% 70% 85% 100% 100% 100% 100% 85% 75% 60% 55% 45% 40% 30% 20% 10'.l/o 10% 5%
Discount stores/ Visitors 10% 15% 20% 30% 45% 65% 85% 95%. 100% 100% 100% 95% 80% 60% /15% 30% 10% 5% 1%
superstores Employees 20% 25% 30% 40% 55% 75% 95% 100% 100% 100% 100% 100% 90% 70% 55% 40% 20% 15% 0%
Home
improvement
stores/garden -----
Fine/casual
dining
Family
restaurant
fast casual/
fast· food/food
court/food halts
Bar/lounge/
nightclub
Visitors 15% 20% 35% 55% 60% 80% 95% 100% 95% 95% 80% 75% 75% 80% 90% 70% 10% 0% 9%
Employees 25% 30% 45% 65% 70% 90% 100% 100% 100% 100% 90% 85% 85% 90% 100% 80% 20% 0% 0%
Food and beverage
---~· -
Visitors 0% 0% 0% 0% 0% 15% 50% 55% 45% 'f5% 45% 60% 90% 95% 100% 90% 90% 90% 50%
Employees 0% 20% 30% 60% 75% 75% 75% 75% 75% 75% 75% 100% 100% 100% 100% 100% 100% 85% 50%
Visitors 10% 25% 45% 70% 90% 90% 100% 85% 65% 40% 45% 60% 70% 70% 65% 30% 25% 15% 10%
Employees 50% 75% 90% 90% 100% 100% 100% 100% 100% 75% 75% 95% 95% 95% 95°/o 80% 65% 65% 35% ---·--·
Visitors 5% 10% 20% 30% 55% 85% 100% 100% 90% 60% 55% 60% 85% 80% 50% 30% 20% 10% 5%%
Employees 15% 20% 30% 40% 75% 100% 100% 100% 95% 70% 60% 70% 90% 90% 60% 40% 30% 20% 20%
-Visitors 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 25% 50% 75% 100% 100% 100% 100%
Employees 0% 0% 0% 5% 5% 5% 5% 10% 10% 10% 20% 45% 70% 100% 100% 100% 100% 100% 100% -· --~
Entertainment
------~----r-~-~-~-~--------...--·--~-~-~-~-~~~~-~--
Visitors 0% 0% 0% 0% 25% 65% 85% 1,90% 95% 95% 90% 1,95% 100% 95% 90% 65% 10% 0% 0% Family
entertainment
Active
entertainment
Employees 5% 5% 5% 25% 75% 'IOO%. 100%_~~~~~.!~ 100% 100% 100% 00% noo% 75% 10% 5% 5%
Visitors 0% 0% 0% 0% 25% 65% 85% I.~~:~ 95% 95% 90% 1.95% 100% 95% 90% 65% 10% 0% 0%
Employees 5% 5% 5% 25% 75% 100% 100% 100% 100% 100% 90% 100% 00% 100% 100% 75% 10% 5% 5% ----------+-~~-+--+---f----f---+---1---+---
Ad ult active Visitors 0% 0% 0% 0% 0% 0% 0% 0% 0% 0·% 0% 0% 25% 50% 75% 00% 100% 00% 100%
_'_"_t_er_te_i_nm_•_nt-+_Em_~p~\oy~~~!o-~~-~.~.--1-5_o/<_o_,_5_r._. l-5_%__,__5_%_,__1~0_%-+-1_D'_Yo-1-10_%_._,_2o_r._,+4_5_r._. ,_1_0_%_,__10_0_%-+-IO_D"_~-1-0_0%-+1_00_%_+1_oo_r._, ,_o_O_%_
All movies
typical
Visitors 0% 0% 0% 0% 0% .Oo/o 20% if5% 55% 55% 55% 60% 60% 80% 100% 00% 100% 80% 50%
Late
December
Visitors
__ A_tt ____ 1_Em~·p_to~ye_e_s_"_O_"l<_o ~.'!:<: _l?_o/~ ~,!~-~% 0% 50% 60% 60% 75% 75% 00% 100% 100% 100% 100% 100% 70% 50%
Live theater Visitors 0% 0% 0% 1% 1% 1% 1% 17% 67% 67% 1% 1% 1% 25% 100% 00% 0% 0% 0%
Employees 0% 10% 10% 20% 20% 20% 30% 00% 00% 100% 30% 30% 100% 00% 00% 00% 30% 10% 5% -------t-~~-+-+--t--+-~lf--t--+--Outdoor Visitors 0% 0% 0% 1% 1% 1% 1% 17% 67% 67% 1% 1% 1% 25% 00% 00% 0% 0% 0%
_0_m_ph_i_th_e_at~e_r_1_Em~p~!'.:.:::'._r-!2_~~ 10'.'."~~~ 20% 20% 20% 30% 00% 00% 00%
Public park/ Visitors 0% 0% 0% 1% 30% 60% 75% 90% 97% 00%
destination Employees 0% 0% 10% 25% 75% !00% )00% 00% 00% 00°1 open space
30% 30% 00% 00% 00% 00% 30% 10% 5% -·-1--· -·-
98%0 85% 70% 80% 100~ 100% 95% 50% 10%
00.% 100% 100% 100% OObfo 00% 00% 90% 80%
Museum/ Visitors 0% 0% 0% 0% 45% 65% 85% 95% 00% 95% 90% 85% 60% 30% 10% 0% 0% 0% 0%
_a_q_u_a_ri_u_m ___ Employer:s 5% 5% 5% 25% 75% 00% 00% 00% 00% 00% 00% 80% 75% 10% 5% 0% 0% 5% 5%
Arena Visitors 0% 0% 0% 1% 1% 1% 1% 25% 95% 95% 81% 1% 1% 25% 00% 00% 0% 0% 0%
__ N_o_m_a_ti_n_oe_~Em~pt_oy~e_e_s~o_•;._,~1_0_•;._,~1.0% 20% 20% 20!': 3~~~~% 00% 00% 00% 30% 00% 00% OOo/1:. 00%1 30% 10% 5%
!continued on next page]
28 I SHARED PARKING
88
FIGURE 2-5 (continued)
~-1111111111111111111
Pro football
stadium
8 p.rn. start
Pro baseball
stadium -----Health club
Public library
--------Daycare center
Convention
center
--business Hotel-
Hotel-l
Employ
Restau
lounge
eisure
" rant/
Meeting
l<100s
/banquet
q It/key)
ition Conver
[> 100 s q ft/key)
" _Emp~
Reside
guest
Reside
reserve
Reside
suburb
Reside
urban
Actives
housing
--·--ntial
nl
d
ntial
'" ntiat
enior
Office
-Medical/
dental office -------Bank (drive-in
branch)
Visitors 0%
Employees 0%
Visitors 0%
.§.mploye~ 0%
Visitors 80%
Employees 50%
Visitors 0%
Employees 0% ---·---Visitors 0%
Employees 0%
Visitors 0%
Employees 5%
Visitors 95%
Visitors 95%
Employees 10%
Visitors 0%
ViSitors 0%
Visitors 0%
Emp.loyees 10%
Visitors 0%
Residents 100%
Residents 1'00%
Residents 90%
-----·---Visitors 94%
Employees 9/~'Yo
Visitors 0%
Employees 0%
unreserved
Employees 100%
reserved
Visitors 0%
Employees 0% _,._
Visitors 0%
Employees 0%
Entertainment !continued)
0% 1% 1% 5% 5% 50% 100% 100% 85% 25%
5% 10% 20% 30% 30% 100% 100% 100% 100% 25%
0% 0% 0% 0% 0% 0% 0% 0% 0% 0%
0% 0% 5% 5% 5% 5% 5% 5% 5% 20%
45% 35% 50% 35% 50% 50% 30% 25% 30% 55%
50% 50% 50% 50% 50% 50% 50% 50% 50% 75% f---
0% 0% 0% 100% 90% 80% 65% 50% 35% 11%
0% 10% 50% 100% 100% 100% 100% 100% 50% 10%
2% 25% 75% 20% 20% 20% 20'% 20% 20% 100%
50% 75% 90% 90% 90% 90% 90% 90% 00% 00% --0% 50% 100% 100% 100% 100% 100% 100% 100% 100%
30% 33% 33% 100% 100% 100% 100% 100% 100% 90%
Hotel and residential
-~-
90% 80% 70% 60% 60% 155% 55% 60% 60% 65%
95% 90% 80% 70% 70% 65% 65% 70% 70% 75%
30% 100% 100% 100% 100% 100% 100% 100% 100% 70%
10% 30% 10% 10% 5% 100% 100% 33% 10% 10%
0% 30% 60% 60% 60% 65% 65% 65% 65% 65%
0% 50% 100% 100% 100% 100% 100% 100% 100% 100%
10°/o 60% 100% 100% 100% 100% 100% 100% 100% 100% --~-· 20% 20% 20% 20% 20% 120% 20% 20% 20% 120%
100% 100% 100% 100% 100% 100% 100% 100% 100% 100%
95% 88% 80% 75% 70% 68% 65% 65% 68% 7'1%
85% 80% 75% 70% 69% 68% 67% 66% 55% 60%
--
98% 97% 95% 93% 91~% 97% 99% 100% 100% 99%
98% 97% 95% 93% 94% 97% 99% 100% 100% 99% -__ .,_ -"-
Office
20% 60% 80% 90% 100% 90% 80% 60% 40% 20%
20% 60% 80% 90% 100% 90% 80% 60% 40% 20%
100% 00% 1100% 100% 100% 00% 100% 100% 100% 100%
..
0% 90% 90% 100% 100% 30% 0% 0% 0% 0%
20% 100% 100% 100% noo% 00% 0% 0% 0% 0%
0%J.25%-1t~O% 75% 1100% 90% 0% 0% 0% 0%
0% 90% 00% 100% 00% 00% 0% 0% 0% 0%
Source: See chapter 4 discussions for each land use
0% 0% 0% 0% 0% 0% 0% 0%
10% 5% 5% 0% 0% 0% 0% 0%
25% 50% 90% 100% 100% 100% 0% 0%
75% 75% 100% 100% 100% 100% 100% 100% -
100% 95% 60% 30% 10% 1% 1% 0%
100% 100% 75% 50% 20% 20% 20% 0%
5% 5% 0% 0% 0% 0% 0% 0%
10% 10% 10% 0% 0% 0% 0% 0% ---· 50% 20% 5% 0% 0% 0% 0% 0%
00% 60% 40% 10% 0% 0% 0% 0% -100% 56% 30% 30% 10% 0% 0% 0%
70% 40% 25% 20% 20% 5% 0% 0%
70% 75% 75% 80% 85% 95% 100% 100%
80% 85% 85% 90% 95% 95% 100% 100%
70% 40% 20% 20% 20% 20% 10% 5%
30% 55% 60'% 70% 67% 60% 40% 30%
100% 100% 100% 100% 100% 50% 0% 0%
100% 50% 30% 30% 10% 0% 0% 0%
100% 100% 100% 100% 100% 60% 10% 10% ·----40% 60% 100% 100% 100% 100% 80% '50%
100% 100% 100% 100% 100% 100% 100% 100%
'74% 77% 80% 83% 86% 89% 92% 100%
55% 50% 55% 65% 75% 85% 90% 00%
-·-· . -----· --98% 98% 98% 97% 95% 94% 98% 98%
98% 98% 98% 97% 95% 94% 98% 98% -'----
10% 5% 0% 0% 0% 0% 0% 0%
10% 5% 0% 0% 0% 0% 0% 0%
100% 100% 100% 00% ~00% 100% ~00% 00%
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% 0% 0% --
METHODOLOGY, ANALYSIS, AND ASSUMPTIONS I 29
89
90
Attachment No. PC 4
Map of Police Reporting Districts
91
INTENTIONALLY BLANK PAGE92
CAMPUSJAMBOREE RDBONITA CYN D R
MacARTHURJAMBOREEIRVINESAN JOAQUI N H IL L S R D
M A R G UERITENEWPORT COAST DR7th ST B ST
20th ST
37th ST
54th ST
CANAL 16th ST
IRVINE AVE16th ST
C
L
IFF DOVERMESA
A°
A°
A°NEWPORT BLVDSUPERIOR AVECOAST HW Y W
COAST HWY E
AVOCADOFORD R D
BISONMacARTHUR
C
OAST HWY E
BUCKGULLY
MORNINGCANYON
S
P
YGLASSS A N M IG UEL DRCRYSTAL COVESTATE PARKCRYSTAL COVESTATE PARK
32 38
35
36 54
51 52 61
64
6867
66
4645
4847
4411
4342
394122
12
26
14
13
15
2524
16
17 28 29
31
33
34
53
21
P A C I F I C O C E A N
CHANNEL
SAN DIEGO CREEK
UPPE R
BASIN
CHANNEL
NE WP OR T
RIVO ALTO
RIVO ALTO
B A Y
TURNING
ISLAND
CHANNELTHE RHINECH
AN
NEL
BIGCANYONRESERVOIR
LIDO
NEWPORT
(For Reclaimed Water purposes)
NEWPORT ISLAND
SANJOAQUINRESERVOIR
BALBOAWE
ST LID
O C
HA
N
NEL
HA
RBOR E
NTR
A
NCECHERRY LAKE (PVT)
(Covered)
0
0 0.5 10.25 Miles
ReportingDistricts_11X17.mxdDec/2007
1 inch = 4000 feet
Reporting Districts
Effective Jan 1, 2008Newport Beach Police Department
93
INTENTIONALLY BLANK PAGE94
Attachment No. PC 5
Police Department Memorandum
95
INTENTIONALLY BLANK PAGE96
97
98
99
100
101
INTENTIONALLY BLANK PAGE102
Attachment No. PC 6
Floor Plan
103
INTENTIONALLY BLANK PAGE104
engineeringgroup, inc.
Site PlanExhibit B
N
1501 & 1505 WESTCLIFF DRIVE PARKING REVIEW, City of Newport Beach, CA
2645-2021-01
Legend:
= Proposed Restaurants
= Proposed Restaurants Site Boundary
PA2022-018
105
engineeringgroup, inc.
Floor PlanExhibit C
1501 & 1505 WESTCLIFF DRIVE PARKING REVIEW, City of Newport Beach, CA
2645-2021-01NPA2022-018
106
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Liane Schuller, Planning Consultant
Date: May 12, 2020
Re: Agenda Item No. 3 – Juliette’s Café & Market at 1501 Westcliff Drive
(PA2022-018)
Attached is a revised draft Resolution for the captioned project to be heard tonight. Additional data has been red-lined into the tables on pages 2 and 3 of the Resolution.
Planning Commission - May 12, 2022 Item No. 3a - Additional Materials Received from Staff Juliette's Cafe and Market (PA2022-018)
RESOLUTION NO. PC2022-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING
CONDITIONAL USE PERMIT NO. UP2022-003 TO ALLOW A
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
WITHOUT LATE HOURS, TYPE 41 (ON-SALE BEER AND WINE)
ALCOHOL LICENSE, AND PARKING WAIVER AT 1501
WESTCLIFF DRIVE (PA2022-018)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by DMP Properties (“Applicant”) with respect to property located
at 1501 Westcliff Drive, and legally described as a portion of Lot 8, Tract 4225 in the City
of Newport Beach as shown on a map recorded in Book 153, pages 23 and 24 of
Miscellaneous Maps (“Property”).
2. The Applicant proposes a conditional use permit to establish a 3,584-square foot retail and
food service, no late hours with a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control (“ABC”) license within a vacant tenant space previously occupied by a retail bank
(“Project”). The Project will include 530 square feet of interior net public area and a 1,200-
square-foot outdoor patio area. There are no late hours (after 11:00 p.m.) and no dancing
or live entertainment area proposed. The application also includes a request to reduce the
code required parking by 20 parking spaces.
3. The Property is located within the Mixed-Use Dover/Westcliff (MU-DW) Zoning District and
the General Plan Land Use Element category is Mixed Use Horizontal 1 (MU-H1).
4. A public hearing was held on May 12, 2022, in the Council Chambers 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 California Government Code Section 54950
et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of 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 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment.
2. The Class 3 (New Construction or Conversion of Small Structures) exemption includes
construction and location of limited numbers of new, small facilities or structures;
installation of small new equipment and facilities in small structures; and the conversion
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of existing small structures from one use to another where only minor modifications are
made in the exterior of the structure. In urbanized areas, this exemption includes a store,
motel, office, restaurant or similar structure not exceeding 10,000 square feet in floor
area on sites zoned for such use, if not involving significant amounts of hazardous
substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
3. The Project involves the establishment of a 3,584-square-foot eating and drinking
establishment with a 1,200-square-foot outdoor dining patio within an urbanized area
where all necessary public services and facilities are available. Therefore, the use
qualifies for a categorical exemption.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, 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).
Facts in Support of Finding
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Part One Crimes Rate
(per 100,000 people)1
RD No. 28 140 157 2852
RD No. 25 68 109 1884
RD No. 26 51 132 1820
RD No. 29 36 48 1225
Newport Beach 1,877 3,454 3060
The Part One Crimes Rate in Reporting District 28 (RD 28) is higher than the Part One Crimes
Rate for the City and adjacent districts. The higher crime rate is largely due to burglary or theft
from automobiles. Driving Under Influence (DUI), Public Intoxication and liquor law violations
1 Crimes rate data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed
the crimes and data and confirmed their recommendation as provided in the Police Department memorandum.
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make up 15 percent of arrests in RD 28. In comparison, the figure for neighboring RD 25 is 26
percent, RD 26 is 17 percent and RD 29 is 10 percent.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Reporting District DUI/Drunk Arrests Total Arrests Calls for Service2
RD No. 28 16 107 3,096
RD No. 25 27 105 3,210
RD No. 26 17 127 3,032
RD No. 29 4 39 1,837
Newport Beach 476 3,402 94,915
Alcohol-related calls for service, crimes, or arrests in RD 28 make up 15 percent of arrests in
this reporting district. This is higher than neighboring RD29 (10 percent) and lower than
neighboring RD 25 (26 percent) and RD 26 (17 percent). Based on the operational
characteristics of the proposed use, the NBPD has reviewed the proposal and has no objection.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
The establishment is located within RD 28, which includes a mix of commercial, multi-family
residential, and Mariners’ Elementary school. The nearest recreational facility and nearest
church, Bob Henry Park and the Church of Latter-day Saints, are located approximately two-
tenths of a mile south of the project site near Dover Drive and 16th Street. A YMCA day care
center is located on the Mariners Elementary School campus. The draft resolution includes
conditions of approval to minimize negative impacts to surrounding land uses and ensure that
the use remains compatible with the surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
Reporting District Active On-Sale ABC License Per Capita
RD No. 28 8 1 per 837 residents
RD No. 25 19 1 per 251 residents
RD No. 26 42 1 per 99 residents
RD No. 29 25 1 per 248 residents
County-wide 4,875 1 per 654 residents
1. There are eight establishments selling alcoholic beverages within the area, including four
small food service establishments (Café Gratitude, Olea, Haute Cakes and Café Sakara)
within a few hundred feet of the Project. The nearby Westcliff Shopping Center includes
Ralphs, CVS, Pandora Bakery and The Chicken Shop, which also have ABC licenses.
2 Calls for service data to be provided by the Police Department prior to the Planning Commission hearing. Police has
reviewed the alcohol-related data and confirmed their recommendation as provided in the Police Department memorandum.
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2. The project site is located within census tract 630.1. This census tract has an approximate
population of 6,698 residents with 8 active on-sale alcohol licenses, a per capita ratio of 1
license for every 837 residents. This is approximately 22 percent lower than Orange County
which has a per capita ratio of 1 license for every 654 residents. The lack of undue
concentration in the area and proposed operational characteristics of the Project would
make the on-sale service of alcoholic beverages appropriate.
Conditional Use Permit
Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit
Requirements) of the NBMC, a conditional use permit is required to establish a food service use
including on-sale alcohol sales within 500 feet of a residential district. Additionally, pursuant to
Section 20.40.110(B) (Adjustments to Off-Street Parking Requirements, Reduction of Required
Off-Street Parking), a conditional use permit is required to reduce the Code required parking. In
accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings
and Decision) of the NBMC, the following findings and facts in support of such findings are set
forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The General Plan designates the Property as Mixed-Use Horizontal (MU-H1), a land
use designation intended for a horizontal intermixing of uses that may include
professional offices or mixed-use buildings that integrate residential with retail, service
or office uses on the ground floor in accordance with the CM, CG, CN, RM, CV, CO and
MU-V designations respectively. The Project will provide a retail service and convenient
daytime food service dining option for surrounding office employees and visitors, and
neighborhood residents. The Project is consistent with the General Plan Designation.
2. The Property is not part of a specific plan area, therefore no findings of consistency with
a specific plan are necessary.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Fact in Support of Finding
1. The Property is zoned Mixed-Use Dover/Westcliff (MU-DW), which allows a mix of
residential and commercial uses as specified in Table 2-8 of Section 20.22.020 (Mixed-
Use Zoning Districts Land Uses and Permit Requirements) of the NBMC. A food service
use including on-sale alcohol sales within 500 feet of a residential district is a
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conditionally permitted land use within the Mixed-Use Dover/Westcliff (MU-DW) zoning
district. Accessory off-sale alcohol sales associated with the retail component of the
business is permitted in conjunction with the Type 41 (On-Sale Beer and Wine) ABC
license.
2. Based on Title 20’s requirement to provide one parking space per 40 square feet of net
public area (1,598 square feet) and one parking space per 250 square feet of retail
space (670 square feet), 43 parking spaces are required for the Project. A total of 190
parking spaces are required for all on-site uses (currently professional office and
medical office) including the Project. The existing shared parking lot provides 170
parking spaces, therefore a 20-space reduction of Title 20’s required parking in
accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements)
of the NBMC is required.
3. As conditioned, the Project will comply with Title 20 of the NBMC standards for food
service businesses. No late hours of operation (after 11:00 p.m.) are proposed.
Finding
D. 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. The operational conditions of approval will promote compatibility with surrounding land
uses. The business emphasizes casual dining and to-go orders via online mobile apps.
Customers opting to eat on-site will place orders at the service counter and self-seat
either inside or in the adjacent outdoor patio area. Beer and wine alcohol service would
be provided as an additional amenity and menu item for the restaurant.
2. The business shall be limited to 530 square feet of interior seating area and 1,200
square feet of exterior patio seating area. The outdoor patio area is existing and does
not eliminate parking or pedestrian access.
3. The business will operate between the hours of 8:00 a.m. and 10:00 p.m. daily,
consistent with the surrounding commercial uses. No late hours (after 11:00 p.m.),
dancing or live entertainment are proposed.
4. The retail component of the business features a wide variety of coffee, bakery, and wine-
related products, as well as pre-packaged take-away items. This retail component
includes an off-sale alcohol component under the Type 41 ABC license.
5. The Project will not necessitate high levels of lighting or illumination and all outdoor
lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC.
Finding
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E. 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 Project is located within an existing commercial office/medical office building and
the tenant space will be improved for a retail and food service business. The design,
size, location, and operational characteristics of the Project are compatible with the
surrounding development in the Dover-Westcliff area. There are other food service uses
currently located along Westcliff Drive and the proposed food service will be compatible
with those existing operations and surrounding residential neighborhoods.
2. The design of the tenant improvements will comply with all Building, Public Works, and
Fire Codes, and will require approval by the Orange County Health Department.
3. Adequate public and emergency vehicle access, public services, and utilities exist for
the existing development. Access is provided by Westcliff Drive and Sherington Place.
All utilities presently exist in the vicinity.
Finding
F. 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 tenant improvements to the existing commercial building should have a positive impact
on the area. Improvements are designed to enhance the aesthetics and viability of an
existing underutilized office space. The business will provide a convenient retail and dining
option for on-site office employees, visitors, and nearby residents.
2. The Project includes conditions of approval to ensure that any potential conflicts with
the surrounding land uses are minimized to the greatest extent possible.
3. Retail sale of alcohol is permitted within this zoning district. The addition of a Type 41
(On-sale Beer and Wine) ABC License is intended for the convenience and enjoyment
of those customers opting to dine on-site.
4. The Project will operate with similar hours as the surrounding commercial uses. No late
hours (after 11:00 p.m.), dancing or live entertainment are allowed.
Off-Street Parking Reduction
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In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
as follows:
Finding:
A. The Applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk-in trade, mixed-use development).
Facts in Support of Finding:
1. Section 20.40.110(B) (Adjustments to Off-Street Parking Requirements, Reduction of
Required Off-Street Parking) of the NBMC allows off-street parking requirements to be
reduced with the approval of a conditional use permit when sufficient data has been
provided demonstrating that parking demand will be less than the required number of
spaces and a parking management plan is prepared in compliance with NBMC Section
20.40.110(C) (Adjustments to Off-Street Parking Requirements, Parking Management
Plan). In this case, the Applicant has provided a parking analysis in support of the
parking waiver request, prepared by RK Engineering Group, Inc. dated January 14,
2022.
2. The parking analysis evaluated the square footage of the commercial center, existing
and potential tenancies, number of existing onsite parking spaces and applicable City
parking requirements. Based upon a full-occupancy scenario, including the proposed
café and market, a total of 190 spaces are required. A total of 170 onsite spaces are
provided, resulting in a parking code deficiency of 20 spaces. Due to this deficiency, a
manual parking survey was undertaken to determine if the existing on-site parking is
adequate to serve the proposed business assuming 100 percent occupancy of the
center. The parking survey was conducted between the hours of 7:00 a.m. and 8:00
p.m. on a weekday (Thursday, November 5, 2021) and on a weekend day (Saturday,
November 7, 2021). The survey was conducted by an independent third party (Counts
Unlimited, Inc.) during the normal operating hours of the businesses on-site. On the
weekday, peak parking demand occurred at 12:00 p.m. with 116 vehicles parked onsite.
On the weekend, peak parking demand also occurred at 12:00 p.m. with 54 vehicles
parked on-site. Based on the results of the survey, the parking analysis determined the
number of on-site parking spaces is sufficient to support the proposed business.
3. the café and market will serve customers from other on-site businesses, providing a
convenient retail service and daytime dining option for surrounding office employees
and visitors, as well as neighborhood residents. During the peak weekday lunch hour,
some customers will likely already be on-site and not generate additional parking
demand. Weekend parking should not be an issue if customers drive to the site because
most on-site uses operate during daytime hours Monday through Friday.
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4. The analysis and conclusions of the study were reviewed and accepted by the City
Traffic Engineer.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves UP2022-003
subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated
by reference.
3. 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 12TH DAY OF MAY, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lee Lowrey, Chairman
BY:_________________________
Curtis Ellmore, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. The hours of operation for the café and market (interior and exterior) shall be limited to
8:00 a.m. to 10:00 p.m., daily.
5. The “net public area” shall not exceed 530 square feet for the interior of the subject
restaurant facility.
6. The outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining area shall be limited to 1,200 square feet in area.
7. Appropriate barriers shall be placed between the outdoor dining area and common dining
and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute
a permanent all-weather enclosure.
8. There shall be no dancing allowed on the premises.
9. Live entertainment shall not be permitted unless an amendment to this use permit is
approved and the operator has obtained a live entertainment permit from the Revenue
Division.
10. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
11. This 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.
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12. 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.
13. Prior to the issuance of building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
14. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
15. 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.
16. 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.
17. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays or Holidays.
18. No outside paging system shall be utilized in conjunction with this establishment.
19. 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.
20. 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.
21. 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.
22. The owner/operator 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
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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).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
24. 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.
25. 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.
26. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code.
27. 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 Juliette’s Café and Market including, but not limited to, Conditional Use Permit
No. UP2022-003 (PA2022-018). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Fire Department
28. Fire sprinklers shall not be required as long as the occupancy is under 100 persons.
29. If the patio is covered, the occupancy of both the indoor and outdoor dining area shall
require fire sprinklers.
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Building Division
30. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. A building permit is required to allow the change in use to a retail
and eating & drinking establishment. The construction plans must comply with the most
recent, City-adopted version of the Building Code (2019 California Code Edition). The
construction plans must meet all applicable State Disabilities Access requirements.
Complete sets of drawings including architectural, electrical, mechanical, and plumbing
plans shall be required at plan check.
31. Approval from the Orange County Health Department is required prior to issuance of a
building permit.
32. Restrooms shall be fully accessible. Public sanitation facilities shall be available to the
general public (patrons) during regular business hours of the operation, unless
otherwise approved by the Building Division.
33. A grease interceptor shall be installed prior to the establishment opening for business
to the satisfaction of the Building Division.
34. 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.
35. Prior to plan check submittal, the Applicant may schedule a preliminary code review with
Building Division to identify and address major code issues prior to submitting for plan
check. A full building code, accessibility, and structural review will be performed at the time
of plan review submittal.
36. Prior to plan check submittal, the applicant shall provide full building code analysis on
occupancy, type of construction, actual/allowable floor area, actual/allowable height,
number of stories, sprinkler system, etc. Record shows existing building is a Type V-A
construction.
37. Prior to the issuance of building permits, the applicant shall provide a full egress analysis
plan.
38. Prior to the issuance of building permits, the applicant shall provide plumbing fixture counts
analysis for restaurant use.
39. Prior to the issuance of building permits, provide accessible path of travel from accessible
van parking and the public sidewalk to the entrances of the subject suite and its nearest
restrooms.
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40. Prior to the issuance of building permits, occupancy separation may be required between
restaurant (A occupancy) and general offices/retail (B and M Occupancy).
41. Automatic fire sprinkler system is required when restaurant has occupant load of 100 or
more, or fire area exceeds 5,000 square feet (CBC Section 903.2.1.2.). Current record
shows building is not sprinklered.
Police Department
42. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer
and Wine). Any substantial change in the ABC license type shall require subsequent
review and potential amendment of the Use Permit.
43. The owner/operator shall comply with all federal, state, and local laws, and all conditions
of the Alcoholic Beverage License. Material violation of any of those laws or conditions
in connection with the use is a violation and may be cause for revocation of the use
permit.
44. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
45. The eating and drinking establishment shall close no later than 10:00 p.m.
46. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
47. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
48. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
49. There shall be no live entertainment or dancing allowed on the premises.
50. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or entity, where the applicant, operator, owner or his employees or representatives
share in any profits or pay any percentage or commission to a promoter or any other
Planning Commission - May 12, 2022 Item No. 3a - Additional Materials Received from Staff Juliette's Cafe and Market (PA2022-018)
Planning Commission Resolution No. PC2022-009
Page 15 of 15
person based upon money collected as a door charge, cover charge or any other form
off admission charge is prohibited.
51. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
52. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
53. Strict adherence to maximum occupancy limits is required.
54. 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, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
55. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
Planning Commission - May 12, 2022 Item No. 3a - Additional Materials Received from Staff Juliette's Cafe and Market (PA2022-018)
Juliette’s Café & Market
Planning Commission Public Hearing
May 12, 2022
Liane Schuller, Planning Consultant
Makana Nova, Senior Planner
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Introduction
•Project Location
•1501 Westcliff Drive
•Previously occupied by Union Bank
•Conditional Use Permit No. UP2022-018
•Food Service, Eating and Drinking Establishment
•No Late Hours
•Type 41 (Beer and Wine) Alcohol License
•Parking reduction by 20 spaces
2Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Vicinity Map
Project Site
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Project Description
•Eating establishment featuring casual dining and to-go:
•Breakfast including coffee, pastries, oatmeal and egg dishes
•Lunch featuring sandwiches, soups, salads
•Late afternoon offering cheese and charcuterie, small plates
•Retail market including:
•Coffee, bulk tea, coffee/tea supplies and equipment
•House-made granola, pastries and cookies
•Wine, cheese and charcuterie items
•Sauces, mixes, kitchenware, dishes, small plants
4Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Building Floor Plan
5Community Development Department
Proposed location
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Project Floor Plan
6Community Development Department
Breakdown:
530-square-foot net interior seating
670-square-foot retail area
1,200-square-foot patio seating area
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Existing Conditions
7Community Development Department
Proposed location
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Architectural Rendering
8Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Architectural Rendering
9Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Alcoholic Beverage Sales
•Type 41 (Beer & Wine)
•On-sale service
•Off-sale retail
•Police Department review –no concerns
•Location of business
•Operational characteristics, Type 41 license
•Recommended 10:00 p.m. closing hour
•Conditions of approval included in Resolution
•Lack of undue concentration of alcohol licenses
10Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Police Department Statistics
•Alcohol-related violations are 15% of arrests in RD
•Low compared to neighboring reporting districts
•Crimes in reporting district primarily burglary or theft from vehicles
•Updated redline resolution (Refer to Pages 2 and 3
of draft Resolution)
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Parking Analysis
•170 spaces on-site, 190 required per Code
•20-space parking reduction requested
•Parking Analysis by RK Engineering Group
•Based on 100% occupancy
•Parking survey
•Peak demand at 12:00 p.m., weekdays
•116 vehicles parked onsite and 54 parking spaces vacant
•Customers from other on-site businesses
•On-site businesses generally closed on weekends
12Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
CEQA Review
•The project is categorically exempt under Section
15303, of the California Environmental Quality Act (CEQA) Guidelines -Class 3 (New Construction or
Conversion of Structures)
•The project involves tenant improvements to an
existing building to accommodate a new eating and drinking establishment and retail market, which is
within the thresholds identified by CEQA Guidelines
13Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
Recommended Action
•Conduct a public hearing
•Find the project exempt from CEQA pursuant to Section 15303 under Class 3 of the CEQA Guidelines
•Adopt Resolution No. PC2022-009 approving Use
Permit No. UP2022-003
14Community Development Department
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)
15
Questions and Discussion
Liane Schuller, Planning Consultant
lschuller@newportbeachca.gov
Makana Nova, Senior Planner
MNova@newportbeachca.gov
Planning Commission Public Hearing
May 12, 2022
Planning Commission - May 12, 2022 Item No. 3b - Additional Materials Presented at the Meeting Juliette's Cafe and Market (PA2022-018)