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HomeMy WebLinkAbout4.0_Sugarfish Restaurant_PA2022-0149CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 5, 2023 Agenda Item No. 4 SUBJECT: Sugarfish Restaurant (PA2022-0149) ▪Conditional Use Permit SITE LOCATION: 2600 East Coast Highway, Suite 100 APPLICANT/OWNER: SMM 2600 PCH LLC PLANNER: David Lee, Associate Planner 949-644-3225, dlee@newportbeachca.gov PROJECT SUMMARY A request for a conditional use permit to establish and operate a new food service, eating and drinking establishment (restaurant) and to waive 19 required off-street parking spaces. The project also includes the implementation of a parking management plan. The restaurant would operate with 729 square feet of interior net public area and there would be no outdoor dining area provided. The application includes the sale and service of alcoholic beverages with a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. The applicant does not propose to operate with late hours (after 11 p.m.), live entertainment, or dancing. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3)Adopt Resolution No. PC2023-002 approving a Conditional Use Permit pursuant to PA2022-0149 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial (CC) Commercial Corridor (CC) Multi-tenant commercial NORTH CC CC Gas station SOUTH CC / Two Unit Residential (RT) CC / Two-Unit Residential (R-2) Commercial, residences EAST Single Unit Residential Detached (RS-D) Point Del Mar (PC34) Residential WEST CC / Private Institutions (PI) CC / Private Institutions (PI) Commercial, private parking lot Restaurant Location 3 INTENTIONALLY BLANK PAGE4 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 3 INTRODUCTION Project Setting and Description The subject property is in Corona del Mar on the southeastern corner of East Coast Highway and Dahlia Avenue. The parcel is 17,824 square feet (0.41 acres) and is improved with a 19,481-square-foot, multi-tenant commercial building. The building is served by a total of 84 off-street parking spaces, 76 are within an underground parking structure and eight (8) are surface-level spaces. The surrounding uses include a gas station to the north and commercial uses to the south. The restaurant is approximately 50 feet north across the alley from the residences on Fernleaf Avenue and approximately 200 feet west across Fifth Avenue from residences in the Pointe Del Mar community. The property is well-served by adjacent public street parking which is available on Fifth Avenue, Dahlia Avenue, and East Coast Highway. The multi-tenant commercial building includes another restaurant (Bamboo Bistro), as well as various office and retail uses listed in Table 1 below. The proposed location of Sugarfish is Suite 100, which was previously occupied by a beauty salon and is currently vacant. With the approval and implementation of the project, there would be four (4) vacant tenant suites remaining in the building. Table 1: Existing and Proposed Uses Suite Gross Area Existing Use Proposed Use 100 1,718 Vacant Sugarfish (Restaurant) 120 1,929 Vacant Vacant 130 2,251 American Cancer Society Discovery Shop (Retail) American Cancer Society Discovery Shop (Retail) 150 2,268 Corona del Mar Physical Therapy (Medical Office) Vacant 160 1,830 Bamboo Bistro (Restaurant) Bamboo Bistro (Restaurant) 200 3,281 Vacant Vacant 240 1,927 Vacant Vacant 250 2,453 ECC Capital (Office) ECC Capital (Office) 260 1,824 Office / Storage Office / Storage The applicant proposes a 1,718-square-foot restaurant with 729 square feet of net public area (NPA). The restaurant includes an entry and waiting area, customer dining area, kitchen, and two (2) restrooms. The primary operational characteristics of the proposed restaurant are provided in Table 2 below. An existing trash enclosure is shared by all tenants of the building on the eastern corner of the property abutting Fifth Avenue. 5 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 4 Table 2: Proposed Restaurant Operations Gross Floor Area 1,718 sq. ft. Interior NPA 729 sq. ft. Outdoor Dining None Hours of Operation 11 a.m. to 10 p.m. (Mon-Thurs) 11 a.m. to 11 p.m. (Fri-Sat) 11 a.m. to 9 p.m. (Sun) Live Entertainment Not permitted Dancing Not permitted ABC License Type Type 41 (beer and wine only) DISCUSSION Analysis General Plan and Zoning Code The site is categorized by the General Plan as CC (Corridor Commercial) and located within the CC (Commercial Corridor) Zoning District. The CC General Plan and Zoning category is intended to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant is located on the ground level and is consistent with the Land Use category and zoning district with the approval of a conditional use permit. The following is a list of notable General Plan policies with which the project is compliant: • Land Use Element Policy LU 1.5 (Economic Health). Encourage a local economy that provides adequate commercial, office, industrial, and marine-oriented opportunities that provide employment and revenue to support high-quality community services. • Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces; and • Land Use Element Goal LU6.20. A pedestrian-oriented “village” serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. 6 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 5 o The project provides an additional dining option in the commercial corridor of Corona del Mar for residents, employees, and visitors, as well as additional employment opportunities for restaurant employees. o The project is in the entry area of Corona del Mar. The property is one of the first visible commercial buildings to visitors and residents traveling from MacArthur Boulevard. The restaurant is located on the first floor with the front entrance facing Dahlia and visible from East Coast Highway. The restaurant promotes pedestrian activity and provides an additional attraction for visitors to the village of Corona del Mar and will help to promote culture and social activity. Per the Zoning Code, eating and drinking establishments with alcohol service are allowed uses, subject to the approval of a use permit. The project provides an additional service use along the East Coast Highway street frontage. Alcohol Sales The proposed restaurant requests to operate with a Type 41 (On-Sale Beer and Wine – Eating Place) State Department of Alcoholic Beverage Control (ABC) License. To authorize the sale and service of alcoholic beverages, the Planning Commission must first make a finding of consistency with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code (NBMC). As part of the application review, the Newport Beach Police Department (NBPD) has prepared a memorandum (Attachment No. PC 2) with the required factors and crime statistics to help evaluate the following required considerations: 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) Total Crime Count RD No. 44 103 163 266 RD No. 45 13 16 29 RD No. 39 135 208 343 RD No. 47 17 24 41 Newport Beach 1,789 3,222 5,011 The property is in Reporting District 44 (RD 44). RD 44 exceeds the Citywide average and is considered a higher crime area as compared to other reporting districts. The crime count in RD 44 is 213, which is 111 percent over the Citywide crime count average of 101. Since this area has 20 percent or greater reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. However, it is important to note that RD 44 contains 7 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 6 many visitor- and tourist-serving nonresidential uses along East Coast Highway. Corona del Mar consists of several restaurants that serve residents and visitors to the area. The intent of the CC zoning district is to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Areas near the beach have a higher concentration of visitor-serving commercial land uses and, therefore, tend to have a higher crime rate than other areas in the City. 2. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Due to the higher concentration of commercial land uses, RD 44 is reported to ABC as a high crime area as compared to other reporting districts in the City. The highest volume crime in this area is burglary and theft from automobiles; additionally, the highest volume arrest in the area is drug-related offenses. Driving under the influence, public intoxication, and liquor law violations make up 24 percent of arrests in this reporting district. However, the area is considered an attractive tourist area in the City, which results in a higher number of alcohol-related calls for service, crimes and arrests. 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. Although the project is located near a residential district, the property is a multi-tenant commercial building that is situated in a commercial zoning district abutting East Coast Highway. Residential neighborhoods are located across the alley to the south on Fernleaf Avenue and across Fifth Avenue to the east. However, the restaurant is oriented towards East Coast Highway and Dahlia Avenue to the north and east and away from the Fernleaf residences. The project is not in proximity to a religious facility, daycare center, park, recreational facility, school, or similar uses that attract minors. The nearest school is Harbor View Elementary School, which is approximately 600 feet east of the restaurant. A similar restaurant located on the property (Bamboo Bistro) has been in operation with alcohol sales without causing detriment to the surrounding neighborhood. The proposed alcohol sales are not anticipated to be detrimental to the community because of the proximity to any sensitive land uses, especially with the allowed operation narrowed by the Conditions of Approval. 4. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. Several establishments along East Coast Highway currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. This includes nearby establishments 8 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 7 such as The Bungalow (2441 East Coast Highway), Avila’s El Ranchito (2515 East Coast Highway), Rothchild’s Restaurant (2407 East Coast Highway), Bamboo Bistro (2600 East Coast Highway, Suite 160), and Tommy Bahamas (854 Avocado Avenue), Gulfstream (850 Avocado), Summerhouse (2744 East Coast Highway). The project’s proximity to other establishments selling alcohol does not raise concern due to the limited characteristics of the use, including 729 square feet of interior net public area with conditioned hours of operation are from 11 a.m. to 10 p.m., Monday through Thursday, 11 a.m. to 11 p.m., Friday and Saturday, and 11 a.m. to 9 p.m. on Sunday. Conditions of approval will further prevent the establishment from operating as a bar, lounge, or nightclub. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The subject property has historically been developed with a commercial building occupied by various tenants. There is no evidence that suggests the proposed commercial use will create objectionable conditions with the proposed restaurant. The project has been reviewed by the Police Department, which has provided several conditions of approval as provided in the draft resolution. The conditions of approval help to ensure that the purpose and intent of Section 20.48.030 of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The Police Department do not anticipate detrimental conditions due to the proposed limited operational characteristics and conditions. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol-related impacts. Required Off-Street Parking and Requested Reduction Per NBMC Section 20.40.040 (Off-Street Parking Spaces Required), parking required for restaurant uses may range from a rate of one (1) space per 30 square feet to one (1) space per 50 square feet of interior NPA based on physical and operational characteristics of the proposed restaurant. The project is a typical restaurant use for which a parking rate of one space per 40 square feet of interior NPA is appropriate. Therefore, since the restaurant is proposed to have a maximum of 729 square feet of NPA, 19 parking spaces are required (729 / 40 = 19). Table 3, below, outlines the deficit of Code-required standard parking stalls on-site. The vacant suites are parked at the standard retail parking rate. 9 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 8 Table 3: Required Parking and Deficit Suite Gross Area Proposed Use Parking Rate Required Parking 100 1,718 Sugarfish (Restaurant) 1 per 40 SF NPA 19 spaces 120 1,929 Vacant 1 per 250 SF 8 spaces 130 2,251 American Cancer Society Discovery Shop (Retail) 1 per 250 SF 9 spaces 150 2,268 Vacant 1 per 250 SF 12 spaces 160 1,830 Bamboo Bistro (Restaurant) 1 per 40 SF NPA 15 spaces 200 3,281 Vacant 1 per 250 SF 14 spaces 240 1,927 Vacant 1 per 250 SF 8 spaces 250 2,453 ECC Capital (Office) 1 per 250 SF 10 spaces 260 1,824 Office / Storage 1 per 250 SF 8 spaces Total Required Parking 103 spaces Parking Provided 84 spaces Parking Deficit 19 spaces Subsection 20.40.110(B) (Reduction of Required Off-Street Parking) of the NBMC 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) (Parking Management Plan). A parking study was prepared by Trames Solutions, Inc. on November 18, 2022 (Attachment No. PC 3). The study establishes a parking demand for the project by providing parking counts during typical operations and weather conditions on a Thursday, Friday, and Saturday. The study considers the proposed restaurant and vacant suites that will be occupied in the future and identifies an observed and hypothetical peak demand of 91 spaces while 84 spaces are provided. Since the available on-site parking is not adequate to accommodate the observed parking demand with the addition of the restaurant, the applicant proposes to implement valet service through a parking management plan. Parking Management Plan A Parking Management Plan was prepared by LAZ Parking on November 28, 2022 (Attachment No. PC 4). Although the on-site parking is inadequate during peak demand times, valet parking is proposed to be provided during the majority of operational times, including peak demand times, of the restaurant to help offset the deficit. By using a stacked valet system, the property can provide parking for an additional 24 vehicles on- site, which creates a total of 108 vehicles parked during valet service times. All vehicles are to be stored in the underground parking garage and are not anticipated to negatively impact the residences on Fernleaf Avenue. The entrance to the parking garage is located behind the restaurant and accessible from the alley from Fifth Avenue. Since there is a 10 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 9 demand of 91 parking spaces, the valet service provides a surplus of 17 parking spaces. The City Traffic Engineer has reviewed the study and agrees the proposed valet operation adequately mitigates the additional demand from the restaurant. As conditioned, the restaurant shall provide valet parking from 11:30 a.m. to 8 p.m. Monday through Friday, and from 12 p.m. to 2 p.m. and 3 p.m. to 5 p.m. on Saturday and Sunday. Additional conditions have been included in the draft resolution which would allow the Community Development Director the discretion to amend the requirement for valet operations if the applicant can demonstrate through a parking demand study that parking is sufficient without the use of valet. Additionally, since there are existing vacant suites in the building, the requirement for valet operations is only applicable once the tenant suites are fully occupied. Conditional Use Permit Findings Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the Planning Commission must make the following findings to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of 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; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As demonstrated in the draft Resolution (Attachment No. PC 1), the CC land use category of the General Plan and Zoning Code is intended to provide a range of neighborhood- serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed restaurant is consistent with this purpose and is allowed with the approval of a use permit. If approved and once operational, it will provide an additional service use along the East Coast Highway street frontage and will serve as an additional attraction located in the entry area of Corona del Mar near MacArthur Boulevard. The operational characteristics of the restaurant are compatible with the surrounding neighborhood. There are no late hours of operation proposed with the restaurant. As 11 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 10 conditioned, the restaurant will operate between 11 a.m. and 10 p.m., Monday through Thursday, 11 a.m. to 11 p.m. on Friday and Saturday, and 11 a.m. to 9 p.m. on Sundays. The closing hours will help ensure there is minimal impact to the adjacent residential neighborhood. Additionally, the site is physically suitable for the restaurant, as it is located in an existing multi-tenant commercial building and will complement the existing mix of retail, service, and restaurant uses in the immediate area. Previously, the tenant space was a beauty salon and will be improved for restaurant use. In comparison to other areas in Corona del Mar which have less street parking, there is a large supply of street parking available on Fifth Street, Dahlia Avenue, and East Coast Highway. As previously discussed, the restaurant, along with the existing uses and future occupancy of currently vacant suites, creates a deficiency in on-site parking during peak hours. However, valet service is expected to offset the deficiency and provide a surplus of vehicles parked within the underground parking garage. Conditions of approval are included to ensure that potential conflicts are minimized to the greatest extent possible. The applicant is required to comply with all City ordinances, as well as the California Building Code to ensure the safety and welfare of customers and employees within the establishment. The applicant must also obtain Orange County Health Department approval prior to opening for business. Finally, a condition of approval is included which requires all on-premise alcohol servers and managers to be trained and certified for responsible alcoholic beverage service. Summary and Alternatives Staff believes the findings for approval can be made, especially since there is an extensive valet service provided to offset potential parking concerns during peak hours when the building is fully occupied. However, the following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may require changes to the project to alleviate any concerns related to the design or the ability to make the required findings. If the changes are substantial, the item should be continued to a future meeting to allow the applicant to make the necessary adjustments and to allow staff to prepare a revised resolution incorporating new findings and/or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission may deny the application and provide facts in support of denial, and allow staff to prepare a revised resolution for denial of the project. 12 Sugarfish Restaurant (PA2022-0149) Planning Commission, January 5, 2023 Page 11 Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project is a new restaurant that involves minor alterations to existing structures involving negligible or no expansion of use, and further no addition of floor area. Although a waiver of independently accessed required parking spaces is requested due to an increased parking requirement, an extensive valet parking operation is proposed to offset the deficit. Instead, it will create a surplus of parking spaces available onsite. As such, the Project and its parking waiver are not expected to prove detrimental to the surrounding area. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ____________________________ David S. Lee Associate Planner BMZ\dlee ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Police Department Memorandum PC 3 Parking Study PC 4 Parking Management Plan PC 5 Applicant’s Project Description PC 6 Project Plans 13 INTENTIONALLY BLANK PAGE14 Attachment No. PC 1 Draft Resolution with Findings and Condtions 15 INTENTIONALLY BLANK PAGE16 RESOLUTION NO. PC2023-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE IN CONJUNCTION WITH A NEW EATING AND DRINKING ESTABLISHMENT, AND WAIVE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 2600 EAST COAST HIGHWAY, SUITE 100 (PA2022-0149) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SMM 2600 PCH LLC (“Applicant”), with respect to property located at 2600 East Coast Highway, and legally described as Parcel 1 of Parcel Map No. 84-722 (“Property”), requesting approval of a conditional use permit (“CUP”). 2. The Applicant proposes a CUP for a new food service, eating and drinking establishment (hereon referred to as the “Restaurant”) which includes the sale of alcoholic beverages pursuant to a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. Additionally, the Applicant proposes a waiver of 19 parking spaces required by the Newport Beach Municipal Code (“NBMC”) and the implementation of a parking management plan (“Project”). 3. The Property is categorized Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on January 5, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 17 Planning Commission Resolution No. PC2023-002 Page 2 of 15 2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project is a new restaurant that involves minor alterations to existing structures involving negligible or no expansion of use, and further no addition of floor area. Although a waiver of independently accessed required parking spaces is requested due to an increased parking requirement, an extensive valet parking operation is proposed to offset the deficit. Instead, it will create a surplus of parking spaces available onsite. As such, the Project and its parking waiver are not expected to prove detrimental to the surrounding area. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC, the findings and facts in support of such findings are set forth as follows: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is in Reporting District 44 (“RD 44”). RD 44 exceeds the Citywide average and is considered a higher crime area as compared to other reporting districts.The Crime Count in RD 44 is 213, which is 111 percent over the Citywide crime count average of 101. Since this area has 20 percent or greater reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. However, it is important to note that RD 44 contains a large number of visitor- and tourist-serving nonresidential uses along East Coast Highway. Corona del Mar consists of many eating and drinking establishments that serve residents and visitors to the area. The intent of the Commercial Corridor zoning district within Corona del Mar is to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Areas near the beach have a higher concentration of land uses, and, therefore, tend to have a higher crime rate than other areas in the City. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use. Based on the location, operational characteristics, and closing hours, the NBPD has 18 Planning Commission Resolution No. PC2023-002 Page 3 of 15 no objection to the proposed Type 41 ABC License, subject to appropriate conditions of approval, which have all been included in Exhibit “A” attached to this Resolution. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the higher concentration of commercial land uses, RD 44 is reported to ABC as a high crime area as compared to other reporting districts in the City. The highest volume crime in this area is burglary and theft from auto; additionally, the highest volume arrest in the area is drug-related offenses. Driving under the influence, public intoxication, and liquor law violations make up 24 percent of arrests in this reporting district. However, the area is considered one of the more attractive tourist areas in the City, which results in a higher number of alcohol-related calls for service, crimes and arrests. 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. 1. Although the Project is located near a residential district, the Property is a multi- tenant commercial building that is situated in a commercial zoning district abutting East Coast Highway. Residential neighborhoods are located adjacent to the plaza to the north, east, west, and south. The nearest residences are located approximately 50 feet south from the Restaurant site on Fernleaf Avenue. However, the Restaurant is oriented towards East Coast Highway and Dahlia Avenue to the north and east and away from the Fernleaf residences. 2. The Project is not in proximity to a religious facility, daycare center, park, recreational facility, school, or similar uses that attract minors. The nearest school is Harbor View Elementary School, which is approximately 600 feet east of the Restaurant. However, a similar restaurant located on the Property (Bamboo Bistro) has been in operation without causing detriment to the surrounding neighborhood. 3. The proposed alcohol sales are not anticipated to be detrimental to the community because of the proximity to any sensitive land uses, especially with the allowed operation narrowed by the Conditions of Approval. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. Several other establishments along East Coast Highway currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by Title 20 (Planning and Zoning) of the NBMC. This includes nearby establishments such as The Bungalow (2441 East Coast Highway), Avila’s El Ranchito (2515 East Coast Highway), Bamboo Bistro (2600 East Coast Highway, Suite 160), and Tommy Bahama (854 Avocado Avenue). 19 Planning Commission Resolution No. PC2023-002 Page 4 of 15 2. The Project’s proximity to other establishments selling alcohol does not raise a concern due to characteristics of the use, which is limited to 729 square feet of interior net public area. The proposed hours of operation are from 11:30 a.m. to 10 p.m., Monday through Thursday, 11:30 a.m. to 11 p.m., Friday and Saturday, and noon to 9 p.m. on Sunday. Conditions of approval will further prevent the establishment from operating as a bar, lounge, or nightclub. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. The Property has historically been used as an office. There is no evidence that suggests the Project will create objectionable conditions with the proposed expansion. 2. The Project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol related impacts. 3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. 4. The Project does not propose late hours (after 11 p.m.), live music, or dancing. Condition of Approval No. 6 limits the hours of operation and Conditions of Approval Nos. 9 and 10 prohibit live entertainment and dancing, respectively. Conditional Use Permit 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 land use category for the Property is CC (Corridor Commercial), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The Project 20 Planning Commission Resolution No. PC2023-002 Page 5 of 15 provides an additional service use on the frontage of the Property abutting East Coast Highway. 2. The Project is consistent with the following General Plan Land Use policies, applicable to the Project: a. Land Use Element Policy LU 1.5 (Economic Health). Encourage a local economy that provides adequate commercial, office, industrial, and marine- oriented opportunities that provide employment and revenue to support high- quality community services. The Project provides an additional dining option in the commercial corridor of Corona del Mar. The Project will also provide employment opportunities for restaurant employees. b. Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces; and c. Land Use Element Goal LU 6.20. A pedestrian-oriented “village” serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. The Project is located in the entry area of Corona del Mar. The Property is one of the first visible commercial buildings to visitors and residents traveling from MacArthur Boulevard. The Project will provide an additional attraction for visitors to the Corona del Mar neighborhood and promote culture and social activity. 3. The Property is not a part of a specific plan area. 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. Facts in Support of Finding: 1. The Property is in the CC (Corridor Commercial), which is intended to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Eating and drinking establishments with alcohol service are allowed uses, subject to the approval of a use permit. The Project provides an additional service use along the East Coast Highway street frontage. 21 Planning Commission Resolution No. PC2023-002 Page 6 of 15 2. Per NBMC Section 20.40.040 (Off-Street Parking Spaces Required), parking required for restaurant uses may range from a rate of one space per 30 square feet to one (1) space per 50 square feet of interior NPA based on physical and operational characteristics of the proposed restaurant. The Project is a typical restaurant use for which a parking rate of one space per 40 square feet of interior NPA is appropriate. Therefore, since the Project is proposed to have a maximum of 729 square feet of NPA, 19 parking spaces are required (729 / 40 = 19). The remaining uses on site, which include the Bamboo Bistro restaurant, retail, and office uses, require 84 parking spaces. The combination of the Restaurant with the rest of the uses on-site results in an overall parking requirement of 103 spaces (19 + 84 = 103). 3. The Property is improved with a total of 84 parking spaces, 76 which are within an underground parking structure and eight (8) which are surface-level open parking spaces. Therefore, the addition of the Project results in a parking deficit of 19 spaces (103 – 84 = 19). 4. Although the Restaurant would create a parking deficit, a parking management plan has been provided which offers extensive valet parking services to offset the deficit. All Facts from Finding G below are hereby incorporated by reference. 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. Commercial uses, including restaurants, are common along East Coast Highway in Corona del Mar and serve visitors and residents. Conditions of approval are included to ensure that the Project is compatible with the land uses permitted within the surrounding neighborhood. 2. The Restaurant is located within an existing multi-tenant commercial building and will complement the existing mix of retail, service, and restaurant uses in the immediate area. The tenant space was previously a beauty salon and will be improved for restaurant use. 3. Although the Restaurant is near residences on Fernleaf Avenue and Fifth Avenue, it is located on the eastern portion of the building abutting East Coast Highway and Dahlia Avenue. The entrance of the restaurant is facing away from the residences and is not expected to negatively impact the neighborhood to the southwest. There is no outdoor dining proposed. 4. There are no late hours of operation proposed with the Restaurant. As conditioned, the Restaurant will operate between 11 a.m. and 10 p.m., Monday through Thursday, 11 a.m. to 11 p.m. on Friday and Saturday, and 11 a.m. to 9 p.m. on Sundays. The closing hours will help ensure there is no detriment to the adjacent residential neighborhood. 22 Planning Commission Resolution No. PC2023-002 Page 7 of 15 5. The NBPD has reviewed the Project and has no objections. The operational conditions of approval recommended by the NBPD related to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The Project has been conditioned to ensure the welfare of the surrounding community. Finding: 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 multi-tenant commercial building, which includes an existing restaurant (Bamboo Bistro), a medical office, commercial office, and retail store. Currently, there are four vacant suites in the building, including the proposed suite of the Project (Suite 100). The previous use of Suite 100 was a beauty salon. 2. The Property is improved with a total of 84 parking spaces, 76 of which are within an underground parking structure and 8 of which are surface-level open parking spaces. The operation of the Restaurant, along with the future occupancy of currently vacant suites, creates a deficiency in on-site parking during peak hours. However, valet service is proposed, which creates a total of 108 vehicles parked during valet service times. Since there is a demand of 91 parking spaces, the valet service provides a surplus of 17 parking spaces. 3. The previous salon tenant space, which is currently vacant, will be improved to a restaurant use and include an interior dining area, entry lobby, kitchen area, and restrooms. The Applicant is required to obtain Orange County Health Department approval prior to opening for business, and comply with Building Code to ensure the safety and welfare of customers and employees within the Restaurant. 4. Adequate public and emergency vehicle access, public services, and utilities are provided for the Property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the building permit. 5. The tenant improvements to the Property will be reviewed to comply with all Building, Public Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. 23 Planning Commission Resolution No. PC2023-002 Page 8 of 15 Facts in Support of Finding: 1. There are no late hours of operation proposed with the Project. As conditioned, the Restaurant will operate between 11 a.m. and 10 p.m., Monday through Thursday, 11 a.m. to 11 p.m. on Friday and Saturday, and 11 a.m. to 9 p.m. on Sunday. The closing hours will help ensure there is no detriment to the adjacent residential neighborhood. 2. The Type 41 (Beer and Wine) ABC License will provide dining services as a public convenience to the surrounding residential neighborhood as well as to visitors. The service of alcohol will complement the principal use of the facility as a restaurant and provide an economic opportunity for the Owner to maintain a successful business in a way that best serves the community. 3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. 4. Facts 4 and 5 of Finding C are incorporated herein by reference. 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: Finding: G. 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. Facts 2 and 3 of Finding C are incorporated herein by reference. 2. A parking study from November 18, 2022, has been prepared by Trames Solutions, Inc (“Study”). The Study establishes a parking demand for the Project by providing parking counts during typical operations and weather conditions on a Thursday, Friday, and Saturday. The observed peak parking demand occurred at 2 p.m. on Thursday, April 7, 2022, and at 6 p.m. on Friday, April 8, 2022, when there were 27 occupied on-site spaces. The Study also considers 15 of the 29 on-street parking spaces as a part of the project site parking demand, since the on-street spaces are heavily used by patrons of the site. Finally, the Study considers that 30 additional parking spaces are required for future uses of suites that are currently unoccupied. In total, the Study states that there 24 Planning Commission Resolution No. PC2023-002 Page 9 of 15 is a total observed demand of 91 parking spaces, where 84 parking spaces are available on-site. The available on-site parking is not adequate to accommodate the observed parking demand with the addition of the Project. 3. Although the on-site parking is inadequate for peak demand times, valet parking is proposed to be provided at all operational times of the Restaurant to offset the deficit. By utilizing a stacked valet system, the Property can provide parking for an additional 24 vehicles on-site, which creates a total of 108 vehicles parked during valet service times. Since there is a demand of 91 parking spaces, the valet service provides a surplus of 17 parking spaces. The City Traffic Engineer has reviewed the Study and agrees the proposed valet operation adequately mitigates the additional demand from the Restaurant. 4. As conditioned, the Restaurant shall provide valet parking from 11:30 a.m. to 8 p.m. Monday through Friday, and from 12 p.m. to 2 p.m. and 3 p.m. to 5 p.m. on Saturday and Sunday. Finding: H. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: 1. The parking study concludes that on-site parking provided on-site is inadequate to accommodate the Project. However, in compliance with NBMC Subsection 20.40.110(C) (Adjustments to Off-Street Parking Requirements – Parking Management Plan), a parking management plan has been prepared to offset the site’s inadequate parking supply. The vehicles are proposed to be stored in the existing subterranean parking garage. Employees are to park in assigned parking in the subterranean garage. 2. Facts 2 and 3 in support of Finding G are incorporated herein by reference. 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 15301 under Class 1 (Existing Facilities) 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 PA2022-0149, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 25 Planning Commission Resolution No. PC2023-002 Page 10 of 15 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 NBMC. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ , Chair BY:_________________________ Mark Rosene, Secretary 26 Planning Commission Resolution No. PC2023-002 Page 11 of 15 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 and floor plan 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 CUP. 4. This CUP 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans of the restaurant, shall require subsequent review and approval by the Planning Division. If deemed significant, an amendment to this CUP or the processing of a new use permit may be required. 6. The hours of operation shall be between 11 a.m. and 10 p.m., Monday through Thursday, 11 a.m. to 11 p.m. on Friday and Saturday, and 11 a.m. to 9 p.m. on Sunday. There shall be no late hours of operation permitted (after 11 p.m.). All patrons shall leave the premise by the identified closing hour. 7. Valet service shall be provided from 11:30 a.m. to 8 p.m., Monday through Friday, and from noon to 2 p.m. and from 3 p.m. to 5 p.m. on Saturday and Sunday. 8. The interior net public area of the restaurant shall be limited to 729 square feet. 9. There shall be no outdoor dining areas permitted. 10. There shall be no live entertainment or dancing. 11. The Applicant may prepare subsequent studies or reports demonstrating, to the satisfaction of the Community Development Director, that parking demand for the shopping center is less than identified in this CUP and does not require the continuation of valet service or lesser hours of valet service. In such circumstances, when presented 27 Planning Commission Resolution No. PC2023-002 Page 12 of 15 with substantial evidence, the Community Development Director may, in his or her discretion, change, amend, or suspend the requirement for valet operations. If any revised report or study shows demand in excess of the existing on-site supply, valet parking shall be implemented during hours of identified supply deficiencies. The Community Development Director may reinstate valet operations consistent with the parking management plan approved by the City Traffic Engineer should observed demand exceed existing on-site parking supply. 12. Per the parking demand analysis, the Property’s parking deficiency occurs only when all tenant suites are fully occupied. Therefore, the requirement to implement valet shall only apply once all suites are occupied consistent with the assumed uses in the parking demand analysis. However, if alternative uses are proposed and approved consistent with Condition No. 13, valet shall be required to be implemented during any hours when shopping center parking demand would exceed existing on-site supply. 13. The Property may implement uses that are different than those assumed in the parking demand analysis, provided that (1) all uses first obtain any required approvals, and (2) the parking demand analysis is updated to reflect the change in use and parking demand/requirement and the new assumed demand does not exceed the on-site supply with valet (108 total spaces). The Community Development Director shall review and may approve, in his or her discretion, revisions to the parking demand analysis and/or the requirement to implement valet service (hours of operation) to reflect alternative uses. An amendment to this CUP is not required in such circumstances. 14. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 15. 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. 16. 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. 17. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior 28 Planning Commission Resolution No. PC2023-002 Page 13 of 15 Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 18. 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. 19. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 20. No outside paging system shall be utilized in conjunction with this establishment. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 22. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 23. 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. 24. 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. 25. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this CUP. 29 Planning Commission Resolution No. PC2023-002 Page 14 of 15 27. 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 NBMC to require such permits. 28. 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. 29. 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 Sugarfish Restaurant including, but not limited to, the CUP filed under PA2022-0149. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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, attorney’s 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 30. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. Building Division 31. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Public Works Department 32. A sewer cleanout shall be installed in the sewer lateral that serves the restaurant pursuant to City Standard 406. 33. Any applicable County Sanitation District fees shall be paid prior to the issuance of any building permits. 30 Planning Commission Resolution No. PC2023-002 Page 15 of 15 Police Department 34. The Alcoholic Beverage Control License shall be limited to a Type 41 (On Sale Beer and Wine – Eating Place). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the CUP. 35. The Applicant 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 CUP. 36. 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. 37. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 39. No games or contests requiring or involving the consumption of alcoholic beverage shall be allowed. 40. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 41. Strict adherence to maximum occupancy limits is required. 42. 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. 43. 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 INTENTIONALLY BLANK PAGE32 Attachment No. PC 2 Police Department Memorandum 33 INTENTIONALLY BLANK PAGE34 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: David Lee, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: October 12, 2022 SUBJECT: Sugarfish 2600 E. Coast Hwy PA2022-0149 At your request, the Police Department has reviewed the project application for Sugarfish located at 2600 E. Coast Hwy, Newport Beach. The application is for a Minor Use Permit for a Type 41 (On Sale Beer and Wine). There are no late hours or live entertainment associated with this application therefore an Operator License will not be required. Statistical Data and Public Convenience or Necessity Attached is a summary report which provides detailed statistical information related to alcohol establishments in and around the applicant’s proposed place of business at 2600 E. Coast Hwy. Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to the City-wide average, or an over-saturation of alcohol licenses in a census tract compared to the county. Below is a brief summary of how this area relates to the Code. Crime Statistics The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 44 which encompasses Corona Del Mar. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC). These figures make up the “Crime Count” which is indicated on the attached statistical data form. This reporting district is reported to ABC as a high crime area as compared to other Reporting Districts in the City. The RD’s Crime Count is 213, 111% over the City-wide crime count average of 101. Since this area has a 20% or greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is 35 Sugarfish PA2022-149 2 found to have undue concentration. In comparison, neighboring RD 45 is (73%) below the City- wide average, RD 38 is 158% above, and RD 47 is (62%) below the City-wide average. The highest volume crime in this area is Burglary/Theft from Auto. The highest volume arrests in the area are drug-related offenses. DUI, Public Intoxication, and Liquor Law violations make up 24% of arrests in this reporting district. In comparison, the figure for neighboring RD 45 is 10%, RD 39 is 24% and RD 47 is 18%. This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4). Alcohol License Statistics The standard which ABC utilizes to identify an area that is over-saturated with alcohol licenses is outlined in Business and Professions Code §23958.4. A reporting district is classified as having “undue concentration” when there is a higher retail license to resident ratio than that of the county. The applicant premise is located within census tract 627.01. This census tract has an approximate population of 2,667 residents with 64 active on-sale alcohol licenses. That is a per capita ratio of 1 on-sale license for every 42 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every 822 residents. We find this area is over saturated per the definition. This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P §23958.4). Discussion and Recommendations The Police Department has no concerns with the application provided the conditions below (or similar conditions) are imposed. 1. 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. 2. The applicant 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. 3. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages 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. 36 Sugarfish PA2022-149 3 4. The eating and drinking establishment shall close no later than 11:00 p.m. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 9. Strict adherence to maximum occupancy limits is required. 10. 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. 11. 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. 12. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. Wendy Joe Police Civilian Investigator, Special Investigations Unit 37 INTENTIONALLY BLANK PAGE38 CITATIONS PART I CRIMES PART II CRIMES CRIME RATE HIGHEST VOLUME ALL ARRESTS DUI ALCOHOL PUBLIC INTOXICATION LIQUOR LAW HIGHEST VOLUME ALCOHOL RELATED 2600 E. Coast Hwy 17 0 2 N/A N/A 1 0 0 0 TRESSPASS 0 Subject RD: RD44 6,546 103 163 3,689.11 BURG/THEFT FROM AUTO 144 18 16 1 DRUG- RELATED 13 Adjacent RD: RD45 551 13 16 788.36 BURG/THEFT FROM AUTO 20 0 2 0 DRUG- RELATED 2 Adjacent RD: RD39 7,095 135 208 5,705.83 SHOPLIFTING 199 35 12 0 DUI 8 Adjacent RD: RD47 1,023 17 24 605.20 FRAUD 33 5 1 0 DUI 0 Newport Beach 97,176 1,789 3,222 2,063.58 BURG/THEFT FROM AUTO 2,959 511 285 4 DRUG- RELATED 449 Subject: Population ON-SALE Licenses ON-SALE License Per Capita OFF-SALE Licenses OFF-SALE License Per Capita TOTAL RETAIL LICENSES TOTAL RETAIL LICENSES PER CAPITA Subject: CRIME COUNT DIFF FROM AVG %DIFF FROM AVG 2600 E. Coast Hwy N/A 0 N/A 0 N/A 0 N/A 2600 E. Coast Hwy 0 N/A N/A Subject Census Tract: 627.01 2,667 64 42 6 445 70 38 Subject RD: RD44 213 +112 +111% Adjacent Census Tract: 627.02 4,515 26 174 5 903 31 146 Adjacent RD: RD45 27 -74 -73% Adjacent Census Tract: 630.08 2,408 5 482 5 482 10 241 Adjacent RD: RD39 261 +160 +158% Adjacent Census Tract: 626.42 2,849 17 168 0 0 17 168 Adjacent RD: RD47 38 -63 -62% Newport Beach 86,694 279 311 66 1,314 345 251 Newport Beach 3,852 Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557 Summary for Sugarfish at 2600 E. Coast Hwy (RD44) Subject: DISPATCH EVENTS ACTIVE RETAIL ABC LICENSES ARRESTS This report reflects City of Newport Beach data for 2021. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson. Crime Rate refers to the number of Part I Crimes per 100,000 people. All Population figures taken from the 2020 US Census. Per BP 23958.4, the "ABC Crime Count" is the sum of Part I Crime plus Part II Arrests. RD Average = 101 ABC CRIME COUNT REPORTED CRIMES CHIEF JON T. LEWIS Newport Beach Police Department 2021 Crime and Alcohol-Related Statistics as of 6/29/2022 39 INTENTIONALLY BLANK PAGE40 Attachment No. PC 3 Parking Study 41 INTENTIONALLY BLANK PAGE42 Trames 0370-0001 4225 Oceanside Blvd., #354H Oceanside, CA 92056 (760) 291 - 1400 November 18, 2022 Mr. Mark Moshayedi MSM Global Ventures 17475 Gillette Ave., Suite 100 Irvine, CA 92614 Subject: 2600 East Coast Hwy. Parking Study (JN 0370-0001) Dear Mr. Moshayedi: Trames Solutions Inc. is pleased to submit the following parking study for the proposed restaurant that will serve alcohol. It is our understanding that the project will consist of developing a restaurant into a currently vacant space located at 2600 East Coast Highway in the City of Newport Beach. INTRODUCTION The proposed restaurant will serve alcohol and will occupy Suite 100 (1,718 gross sf) with approximately 729 sf of net public area. Attachment A provides the layout of the individual uses and the overall site. The current tenants of the building consist of restaurant, retail, and office uses. It should be noted that some of the spaces are vacant. Table 1 identifies the spaces that are vacant. The intent of the parking study is to identify the current parking demands and the future demands with the proposed restaurant that will serve alcohol. Currently, there are a total of 84 parking spaces available on site, 76 within an underground structure and 8 surface parking spaces. The site also has on-street parking available along the building’s frontage on E. Coast Highway, Dahlia St., and 5th Ave. There are approximately 10 striped spaces on northbound E. Coast Highway, space for 5 cars along Dahlia St., and space for 14 vehicles along the non-striped curbs along 5th Avenue from Dahlia St. to Fernleaf Ave., for a total of 29 available on-street spaces on streets fronting the site. 43 Mr. Mark Moshayedi 2600 East Coast Highway November 18, 2022 Page 2 Trames 0370-0001 The following scope of work represents the services conducted to evaluate the adequacy of the number of parking spaces at the current and proposed site. 1. Conducted parking counts between 8:00 AM to 10:00 PM on a Thursday (4/7/22), and 8:00 AM to 11:00 PM on a Friday (4/8/22) and Saturday (4/9/22) when schools were in session. 2. Identified the maximum number of occupied parking spaces based on the empirical counts. 3. Determined the project’s parking demand based on the proposed square footage utilizing the City’s parking demand rates. 4. Determined the parking demands based on other vacancies. CITY OF NEWPORT BEACH PARKING CODE REQUIREMENTS As indicated previously, the project is proposed to be located within an existing commercial center. Table 1 provides a summary of the current tenants and the parking requirements based on the City’s code. The following parking rate is based on the City of Newport Beach’s Municipal Zoning Code 21.40.060 for the uses associated with the site: • Food Service Uses = 1 parking space for each 30 to 50 square feet of net indoor public area • Office = 1 parking space per 250 net sf • Medical Office = 1 parking space per 200 gross sf • Retail = 1 parking space per 250 net sf 44 Mr. Mark Moshayedi 2600 East Coast Highway November 18, 2022 Page 3 Trames 0370-0001 Current Conditions The parking requirements for the uses that were in operation when the parking counts were collected are summarized in Table 1. A total of 54 parking spaces would be required per the City’s parking rates, for the occupied suites. The unoccupied suites would require an additional 49 spaces based upon recent occupancies/uses (see Table 2). It should be noted that the Corona del Mar PT medical office has since vacated the premises after counts were conducted. Proposed Project The proposed restaurant serving alcohol is anticipated to operate between 11:30 am to 10:00 pm, Monday-Thursday, 11:30 am to 11:00 pm, Friday and Saturday, and 12:00 pm to 9:00 pm, Sundays. The restaurant would include a total gross floor area of 1,718 sf. 729 sf would be used for the net public area. According to the code requirements, the parking rate ranges between 1 space for 30 and 50 square feet of indoor public area. The variability is based on physical and operational site characteristics and location of the establishment. In order to estimate the number of parking spaces that this project would require, the middle of the range has been applied (1 space per 40 square feet of public use). Therefore, the following number of parking spaces would be required for the proposed Suite 100 1,718 sf (729 sf of indoor public area) project: • Suite 100 = 19 spaces (19 spaces = 729 sf * 1 sp/40 sf) Total restaurant (Sugarfish) project demand = 19 spaces 45 Mr. Mark Moshayedi 2600 East Coast Highway November 18, 2022 Page 4 Trames 0370-0001 Proposed Conditions The parking conditions with the proposed project include the assumptions that the parking demands for the vacant spaces would be based on the previous tenants. Table 3 identifies the previous tenants. Table 2 indicates that a total of 103 parking spaces would be required for the building based on application of City code standards. The 103 spaces reflect Code standards for (1) the proposed restaurant project, (2) existing occupancies, and (3) vacant suites, with the assumption that such suites will be occupied by businesses of the same use category. As noted above, the site has 84 parking stalls on-site, which is 19 less than would be required per Code standards. PARKING SURVEY A parking survey was conducted to determine the commercial center’s parking demand based upon then-existing uses. As indicated previously, the existing commercial center consists of 84 on-site parking spaces (76 in the parking garage and 8 at alley level). Parking counts were conducted on Thursday (4/7/22, 8 AM-10 PM), Friday (4/8/22, 8 AM-11 PM), and Saturday (4/9/22, 8 AM-11 PM). Bamboo Bistro (located along Fifth Ave.) was observed to have outdoor dining along the parking lane and sidewalk pursuant to an approved limited term permit. Attachment B contains the empirical parking survey for the weekday and weekend time periods. The highest commercial center demand on the weekday occurred at Thursday at 2 PM and Friday at 6 PM, consisting of 27 occupied on-site spaces. The highest weekend (Saturday) demand occurred at 4 PM, with 24 occupied on-site spaces. It should also be noted that there are approximately 29 on-street spaces within the vicinity of the shopping center. Those spaces are available for use by shopping center patrons, along with individuals visiting the numerous other commercial, retail, and office uses along 46 Mr. Mark Moshayedi 2600 East Coast Highway November 18, 2022 Page 5 Trames 0370-0001 Coast Highway, which also benefit from the on-street spaces. For purposes of this analysis and identifying the center’s parking demand, it is assumed that an average of approximately 50% of the on-street spaces are used by shopping center patrons. That equates to an assumed on-street demand of 15 spaces. Attributing that on-street demand to the site (15 spaces), plus peak weekday observed demand (27 spaces), plus code required parking for the proposed restaurant (19 spaces) and future use of unoccupied suites (30 spaces), the project would have a peak weekday parking demand of 91 spaces. Based on a supply of 84 on site spaces, there would be a deficit of 7 spaces during peak weekday parking requirements. For the weekend, the peak on-site demand was slightly less at 24 spaces, which results in a peak weekend demand of 88 spaces. Based on a supply of 84 on site spaces, there would be a weekend deficit of 4 spaces during peak parking requirements. CONCLUSIONS Based on the City’s parking code, at the time parking counts were taken, the commercial building required a total of 54 on-site parking spaces for the then-occupied suites (Table 1). Table 2 indicates that with the proposed restaurant and assumed uses for the current vacancies (based upon previous uses, as identified in Table 3), a total of 103 parking spaces would be required based on the City’s code. As noted above, the site has 84 parking stalls on-site, which is 19 less than would be required per Code standards. The commercial building provides for 84 on-site parking spaces. In order to determine the actual parking demands, empirical parking counts were collected during the peak timeframe on a weekday and weekend. The counts indicate the highest demand occurred on a Friday, consisting of 27 occupied on-site spaces. The highest weekend on-site demand was 24 spaces. As noted above, there are 29 on-street spaces within the vicinity (on streets fronting the property), and which are available to visitors to the area, including patrons visiting the shopping center and other retail, commercial, and office uses within the vicinity. To account for this on-street availability and usage, 50% of the on-street parking 47 Mr. Mark Moshayedi 2600 East Coast Highway November 18, 2022 Page 6 Trames 0370-0001 spaces (or 15 spaces) were assumed to be used by shopping center patrons (at any given time and for purposes of generating total demand). Based on the City of Newport Beach’s parking code, the proposed restaurant project would require a total of 19 additional parking spaces. Furthermore, assuming that the building’s vacancies were occupied by the previous uses in the future, a total of 30 additional spaces would be required. Note that 42 spaces would be required when accounting for existing vacancies, per Table 2. However, Table 2 also identifies a Code requirement of 12 spaces for Suite 150, which was occupied by Corona del Mar PT at the time of the parking counts. Thus, the demand for a medical office use in Suite 150 is reflected in the peak on-site demand observed during the parking counts. The 12 spaces that would be required for Suite 150 were, therefore, not added to the Code required parking for the vacant suites (30 spaces). The site provides 84 on-site parking spaces, which is 19 less than would be required by the Code (103). However, parking demand is conservatively expected to be less than the otherwise required 103 spaces. As noted above, the peak weekend demand would be 88 spaces, while the peak weekday demand would be 91 spaces. Since the site has 84 available parking spaces, there would be a demand-related deficit of 7 spaces during the weekday peak and 4 spaces during the weekend peak. Employees would park in the garage in specifically designated spots on the lower level. Tables 4 and 5, below, show the maximum weekday and weekend hourly parking demand for the project site, including any deficiencies. 48 Mr. Mark Moshayedi 2600 East Coast Highway November 18, 2022 Page 7 Trames 0370-0001 If there are any questions regarding the analysis, please do not hesitate to call me at (949) 244-2436. Respectfully submitted, Trames Solutions Inc. Scott Sato, P.E. Vice President Attachment A – Site Plan Attachment B – Empirical Parking Data 49 Suite Area (sf)Business Land Use Parking Rate City's Parking Requirements 100 1718 Vacant 0 120 1929 Vacant 0 130 2251 American Cancer Society Discovery Shop Retail 1 per 250 sf 9 150 2268 Corona del Mar PT3 Medical Office 1 per 200 sf 12 160 1830 Bamboo Bistro1 Restaurant 1 per 40 sf of net public area2 15 2003 3281 Vacant 0 240 1927 Vacant 0 250 2453 ECC Capital Office 1 per 250 sf 10 260 1824 Office/Storage for Bamboo Bistro Storage/Office 1 per 250 sf 8 Total 54 1 Bamboo Bistro has 600 sf of public area in Suite 160 2 The average range has been used (1 space per 40 sf) 3 The medical office tenant has vacted the suite since the April 2022 parking survey. 2600 E. Coast Highway Occupancy at Parking Counts (April 2022) TABLE 1 50 Suite Area (sf)Business Land Use Parking Rate City's Parking Requirements 100 1718 Sugarfish with 729 sf of public area1 Restaurant 1 per 40 sf of net public area2 19 120 1929 Vacant3 Retail 1 per 250 sf 8 130 2251 American Cancer Society Discovery Shop Retail 1 per 250 sf 9 150 2268 Vacant3,5 Medical Office 1 per 200 sf 12 160 1830 Bamboo Bistro 4 Restaurant 1 per 40 sf of net public area3 15 200 3281 Vacant3 Office 1 per 250 sf 14 240 1927 Vacant3 Office 1 per 250 sf 8 250 2453 ECC Capital Office 1 per 250 sf 10 260 1824 Office/Storage for Bamboo Bistro Office/Storage 1 per 250 sf 8 Total Parking Required based on City's Requirements 103 Parking Supply 84 Parking Deficiency -19 1 Sugarfish (Suite 100) has 729 sf of public area. 2 The average square foot range has been used (1 space per 40 sf) 3 For the existing vacant spaces, parking requirements were based upon recent occupancies as reflected in Table 3. 4 Bamboo Bistro has 600 sf of public area in Suite 160 5 Suite 150 was occupied by Corona del Mar PT at the time of the parking counts. Therefore, although described as "Vacant" here, the demand from a medical office use in Suite 150 was accounted for in the observed on-site demand during pakring counts. TABLE 2 2600 E. Coast Highway Proposed Parking Conditions 51 Suite Area (sf)Business Land Use 100 1718 Ashton Salon (Vacant)Retail 120 1929 Ashton Salon (Vacant)Retail 130 2251 American Cancer Society Discovery Shop Retail 150 2268 Corona del Mar PT Medical Office 160 1830 Bamboo Bistro Restaurant 2001 3281 Vacant Office 240 1927 Fusion Ads (Vacant)Office 250 2453 ECC Capital Office 260 1824 Office/Storage for Bamboo Bistro Office/Storage 1 Suite 200 square footage is reflective of the incorporation of prior Suites 225 (1,133 square feet) and 230 (277 square feet) into a new, larger Suite 200. Suite 200 (before combined, 2,089 square feet) was occupied by Elkeeb Cosmetic Surgery and Dermatology. Suite 225 (1,133 square feet) was previously occupied by the Law Offices of Kalab A. Hone, PC. Suite 2340 (277 square feet) was previously used as offices for Ashton Salon. TABLE 3 2600 E. Coast Highway Existing/Recent Occupanncy 52 Trames 0370-0001 Table 4: Weekday On-Site Parking Demand 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 9:00 PM 10:00 PM 11:00 PM Observed Demand (Highest Weekday) 4 8 10 19 26 25 27 24 23 24 27 23 19 18 6 1 Vacant Suite Spaces 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 Restaurant Project 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 On-Street Attribution 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Total Hourly Weekday Demand 68 72 74 83 90 89 91 88 87 88 91 87 83 82 70 65 Parking Deficit (84 Space Supply) +16 +12 +10 +1 -6 -5 -7 -4 -3 -4 -7 -3 +1 +2 +14 +19 Table 5: Weekend On-Site Parking Demand 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 9:00 PM 10:00 PM 11:00 PM Observed Demand (Highest Weekend) 1 1 3 13 16 21 19 20 24 19 19 19 20 17 8 1 Vacant Suite Spaces 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 Restaurant Project 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 On-Street Attribution 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Total Hourly Weekend Demand 65 65 67 77 80 85 83 84 88 83 83 83 84 81 72 65 Parking Deficit (84 Space Supply) +19 +19 +17 +7 +4 -1 +1 0 -4 +1 +1 +1 0 +3 +12 +19 53 INTENTIONALLY BLANK PAGE54 Trames 0370-0001 ATTACHMENT A SITE PLAN 55 INTENTIONALLY BLANK PAGE56 Floor 2600 East Coast 2600 East Coast Highway Corona Del Mar, CA 926561RET 8.12.22 N © Stevenson Systems Inc | 2022 | 260EA-R06 6Report ID Suite 100 Suite 120 Suite 130 Suite 150 Suite 160 57 Floor 2600 East Coast 2600 East Coast Highway Corona Del Mar, CA 926562OFF 8.12.22 N © Stevenson Systems Inc | 2022 | 260EA-R06 6Report ID Suite 200 Suite 240 Suite 250 Suite 260 58 2208 SUGARFISH CORONA DEL MAR 2600 EAST PACIFIC HIGHWAY CORONA DEL MAR, CA info@a-rtk.com(310) 279-7657AUGUST 4, 2022SCALE: 3/16" = 1'-0"SCHEMATIC CONCEPT FLOOR PLAN OPTION 2AAUGUST 12, 2022Entry and Waiting AreaCustomer Dining AreaKitchen and Walk-in FridgeBathrooms59 INTENTIONALLY BLANK PAGE60 Trames 0370-0001 ATTACHMENT B EMPIRICAL PARKING DATA 61 INTENTIONALLY BLANK PAGE62 Corona Del Mar 2600 East Coast Highway Thursday, April 7th, 2022 Inventory 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 9:00 PM 10:00 PM Reserved 6 1 2 2 3 4 3 6 4 4 4 4 6 4 1 1Handicap2000111000001000Subtotal8122454644447411 Total Occupancy 8 1 2 2 4 5 4 6 4 4 4 4 7 4 1 1Total Percent 13%25%25%50%63%50%75%50%50%50%50%88%50%13%13% Inventory 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 9:00 PM 10:00 PM Reserved 74 4 6 7 15 16 19 21 19 19 20 15 16 13 12 3Handicap2000000000000000Subtotal7646715161921191920151613123 Total Occupancy 76 4 6 7 15 16 19 21 19 19 20 15 16 13 12 3Total Percent 5%8%9%20%21%25%28%25%25%26%20%21%17%16%4% Total Demand On Site 5 8 9 19 21 23 27 23 23 24 19 23 17 13 4 Alley Parking Garage Counts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-6268 63 Corona Del Mar2600 East Coast Highway Friday, April 8th, 2022 Inventory 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 9:00 PM 10:00 PM 11:00 PMReserved60114523331542400Handicap20010010101211000Subtotal80124533432753400 Total Occupancy 8 0 1 2 4 5 3 3 4 3 2 7 5 3 4 0 0Total Percent 0%13%25%50%63%38%38%50%38%25%88%63%38%50%0%0% Inventory 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 9:00 PM 10:00 PM 11:00 PMReserved74178142122212017212018161461Handicap20000000000000000Subtotal76178142122212017212018161461 Total Occupancy 76 1 7 8 14 21 22 21 20 17 21 20 18 16 14 6 1Total Percent 1%9%11%18%28%29%28%26%22%28%26%24%21%18%8%1% Total Demand On Site 1 8 10 18 26 25 24 24 20 23 27 23 19 18 6 1 Alley Parking Garage Counts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-6268 64 Corona Del Mar2600 East Coast Highway Saturday, April 9th, 2022 Inventory 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 9:00 PM 10:00 PM 11:00 PMReserved60013466662436500Handicap20000010000010000Subtotal80013476662446500 Total Occupancy 8 0 0 1 3 4 7 6 6 6 2 4 4 6 5 0 0Total Percent 0%0%13%38%50%88%75%75%75%25%50%50%75%63%0%0% Inventory 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 9:00 PM 10:00 PM 11:00 PMReserved74112101214131418171515141281Handicap20000000000000000Subtotal76112101214131418171515141281 Total Occupancy 76 1 1 2 10 12 14 13 14 18 17 15 15 14 12 8 1Total Percent 1%1%3%13%16%18%17%18%24%22%20%20%18%16%11%1% Total Demand On Site 1 1 3 13 16 21 19 20 24 19 19 19 20 17 8 1 Alley Parking Garage Counts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-6268 65 INTENTIONALLY BLANK PAGE66 Attachment No. PC 4 Parking Management Plan 67 INTENTIONALLY BLANK PAGE68 PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA SMM 2600 PCH LLC | November 28, 2022 69 TABLE OF CONTENTS PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 2 1. OVERVIEW 4 2. VALET & STACKED PARKING 5 70 EXECUTIVE SUMMARY PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 3 Re: Parking Management Plan – 2600 E. Coast Hwy Attn: Pierce Stelmer SMM 2600 PCH LLC November 28, 2022 Dear Mr. Stelmer, On behalf of the entire LAZ Parking family, I am pleased to submit the following Parking Management Plan for 2600 E. Coast Hwy. LAZ Parking, the second largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with operations in 451 cities and regional offices in Atlanta, Boston, Chicago, Columbus, Dallas, Los Angeles, Miami, New York, Philadelphia, San Francisco, Seattle and Washington DC. As our company has continued to grow, our founders and the three original partners are still deeply involved with the company, bringing their strengths to various aspects of our parking business. The success of their business stems from building strong client relationships, empowering employees to “Think like an Owner”, and never losing touch with their humble roots of parking cars in the front line.. Our Southern California Region employs more than 2,000 people and we operate over 300 locations, with a client retention rate that exceeds 98% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Chris Handlos 1‐858‐587-8888 General Manager 949 South Coast Dr. #515 chandlos@lazparking.com Costa Mesa, CA 92626 71 1. OVERVIEW PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 4 2600 E. Coast Hwy is a mixed-use property consisting of approximately 8,112 square feet located in the city of Newport Beach, Orange County, California. At the entrance of CDM, this iconic building has welcomed patrons into the city since 1987. The property has it own underground parking structure with 84 striped spaces (76 garages spaces; 6 surface lot space and 2 handicap) and provides parking for patrons, employees and office tenants and visitors. Through a stacked valet program an additional 24 spaces can be added to the property for a total of 108 vehicles on property at any given time. 1. OVERVIEW 72 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 5 Valet Operational Details The Greeting Zone or valet staging area will be located in the parking space in the back of the facility and on the private property of 2600 PCH. The greeting area (pick up and drop off) will have the capacity to hold 6 vehicles at any one time and will not hinder any ADA spaces. All valet equipment will be stored and locked inside the parking garage, in an agreed upon area, to ensure the longevity of the equipment. The equipment will be taken in and out each night the valet program is offered by the valet on duty. 30 minutes will be designated for the set up and tear down of such equipment. With the ever-evolving changes in our economy, valet and valet stack will be utilized on an as needed basis. Through seasonality, and minimal onsite staff and tenant parking we will be able to easily mobilize parking services at a moment’s notice. Hours of Operation The hours of operation, for valet, will flex based on seasonality and will be utilized on an as needed bases to ensure accommodations for all parking demand. If valet service is active LAZ would propose the following schedule: All patrons at the center will have the ability to use valet services during hours of operation. Customers who park in the garage prior to valet will the entire garage to park and retrieve their own vehicle. If stacking is needed, valets will block self-parked cars to increase the volume of vehicles parked in the garage. Should a self-parker need to depart and is blocked in the valet will move the stacked vehicle. Due to LAZ’s size in the local Corona Del Mar / Newport Beach area, we will be able to staff up and down, at a moment’s notice, to handle the location’s needs. Valet Parking – Guest Experience (Vehicle Arrival) The following is the process for greeting guests who choose to utilize the valet service. • Guest is greeted by a Valet Ambassador in the Greeting Zone. • We train and utilize our guest service practice of G.E.N.I. Monday Tuesday Wednesday Thursday Friday Saturday Sunday 11:30a - 7:30p 11:30a - 7:30p11:30a - 7:30p11:30a - 7:30p11:30a - 7:30p 12p - 2p 12p - 2p 3p - 5p 3p - 5p 2. VALET & STACKED PARKING 73 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 6 Greet Guest are to be greeted within 15 seconds and personally express a warm welcome! Eye Contact Make eye connect with each guest to establish a human level of connection and trust with the guest. Name Recognition Our valets will ask for the guest’s name upon arrival and will use their name at least once on the way in and on the exit. They will also introduce themselves by name during the initial greeting. Impress Someone Anticipate a need/ask a helping question upon arrival and at exit. • Guest is issued a valet claim check and given retrieval instructions, including: ➢ The option to text ahead for their vehicle ➢ Instructions on how and where to pick up the vehicle pick when they are ready to depart • Guest leaves the Greeting Zone and proceeds to their destination within 2600 E. Coast Hwy. Valet Parking – Guest Experience (Vehicle Departure) • Guest either texts ahead or returns to Greeting Zone and presents valet claim check to Valet Attendant or Valet Ambassador. • With the use of technology, the Valet Attendant inside the parking garage will be notified of the departing vehicle. • Once the vehicle has been confirmed the guest(s) is directed to the back of the property to pick up their vehicle. • The Valet Attendant will retrieve the vehicle out of the garage and bring it to the alley located in the back of the property. The attendant will turn off the vehicle, opens all doors for guest, thanks the guest and hand the driver the vehicle keys. • Guest departs in their vehicle and proceeds toward Fernleaf Avenue. 74 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 7 The blue arrows illustrate the path of travel for valet vehicles from the greeting zone to the garage, where the vehicles will be stored. The green arrows illustrate the path of travel of valet vehicles from the garage to the departure zone, where the guest will pick up their vehicle. 75 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 8 The approximate location of the Greeting Zone is shown below as indicated by the red star. The approximate locations of the Departure Zone is show below as indicated by the orange star. 76 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 9 Employee Parking In an effort to increase the garage capacity LAZ would recommend the following employee parking plan. • Employees must register their vehicles with LAZ first, before parking in the garage. The vehicle, license, make/model, employer, and employee name will be noted. • With no current spaces reserved or assigned to tenants, all center tenants and employees will be required to park on the SECOND Floor in the approved parking area. • A vinyl window decal “parking permit” identifying the employee as a 2600 E. Coast Hwy Employee with an ID number will be issued. Employees must show the decal as proof, in order to parking in the garage. 77 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 10 Valet Stacking Layout By utilizing a valet stacking program LAZ is confident we will be able to achieve 24 additional valet vehicles which will allow more volume in parking garage without blocking ADA stalls. Below is a layout of the stacking parking program on levels 1 and 2. Level 1 Valet Stacked Capacity (Inc. Ramp): 14 78 2. VALET & STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC 11 Level 2 Valet Stacked Capacity (Inc. Ramp): 10 79 3. VALET & EMPLOYEE STACKED PARKING PARKING MANAGEMENT PLAN 2600 E. Coast Hwy, Corona Del Mar, CA | SMM 2600 PCH LLC Flash Valet In order to operate the valet as efficiently as possible, minimize guest wait times, and maximize guest service, we propose utilizing Flash Valet technology at 2600 E Coast Hwy. When any guest decides to valet park, they typically expect to be treated like a VIP. With that said the implementation of Flash will give the guest the ultimate in convenience when valet parking. Valet parking customers will enjoy VIP service with the ability to request their car (including the option to pay) right from their mobile phone. It’s as simple as them sending a text message! Upon arrival the valet attendant will politely explain the simple instructions on how to text for the vehicle a few minutes proper to being ready to leave the property. This information will be located on the valet parking ticket as indicated below: With this property having a greeting zone and departure zone the technology will allow the valets in the garage to know when a vehicle is ready to be retrieved without ever having to have contact with the guest. Once the valet in the garage is notified, they will bring the guest’s vehicle to the Departure Zone and wait for the guest to arrive. 3. VALET & EMPLOYEE STACKED PARKING 80 Attachment No. PC 5 Applicant’s Project Description 81 INTENTIONALLY BLANK PAGE82 Project Description and Justification 2600 E. Coast Highway (Suite 100) Project Description The applicant seeks a Conditional Use Permit to establish a food service use (NBMC § 20.48.090) and a Parking Management Plan (NBMC § 20.40.110). The project proposes to convert Suite A from its previous use as a medical office to a food service restaurant – Sugarfish, a high-quality sushi restaurant. The restaurant would occupy approximately 1,718 square feet of gross floor area, with approximately 729 square feet of net public area. It would provide 43 seats and would include beer and wine sales. The restaurant’s hours of operation are expected to be 11:30 am to 10:00 pm, Monday-Thursday, 11:30 am to 11:00 pm, Friday and Saturday, and 12:00 pm to 9:00 pm, Sundays. The restaurant would serve beer and wine only pursuant to a Type 41 on-sale license from the California Department of Alcoholic Beverage Control (“ABC”). The restaurant requires 19 parking spaces per the NBMC. The existing building has a total of 84 parking spaces, 76 within an underground structure and 8 surface parking spaces. The City previously approved UP 3620 that allows for the service of beer and wine in conjunction with food service and waived two (2) required parking spaces. The requested Parking Management Plan would supersede the prior parking waiver, but would be based upon substantially similar findings, including that the building is comprised of uses that exhibit varying business peaks and parking observations demonstrate adequate capacity during peak operations. The restaurant would establish a new use within an existing approximately 19,599 square foot center. The existing uses include a restaurant, business offices, and medical offices. There are currently six vacant suites. 2600 E. Coast Highway – Existing/Recent Occupancy Suite Area (SF) Business Use 100 1,718 Ashton Salon (Vacant) Retail 120 1,929 Ashton Salon (Vacant) Retail 130 2,251 American Cancer Society Discovery Shop Retail 150 2,268 Corona del Mar PT (Vacant) Medical Office 160 1,830 (729 NPA) Bamboo Bistro Eating and Drinking 2001 3,281 (Vacant) See Note 240 1,927 Fusion Ads (Vacant) Office 250 2,453 ECC Capital Office 260 1,824 Office/Storage for Bamboo Bistro Storage/Office 1 Suite 200 square footage is reflective of the incorporation of prior Suites 225 (1,133 square feet) and 230 (277 square feet) into a new, larger Suite 200. Suite 200 (before combined, 2,089 square feet) was occupied by Elkeeb Cosmetic Surgery and Dermatology. Suite 225 (1,133 square feet) was previously occupied by the Law Offices of Kalab A. Honey, PC. Suite 230 (277 square feet) was previously used as offices for Ashton Salon. The Parking Report (attached) conducted parking counts at various peak hours to assess parking demand for the existing uses. The report concluded that the existing uses, as identified, resulted in a demand for 23 on-site parking spaces during peak demand hours, which is less than the parking that would be required by the NBMC. To calculate future parking demand, the report cumulatively added (1) existing 83 parking demand + (2) NBMC standard parking for the proposed restaurant (Sugarfish) + (3) NBMC standard parking for vacant suites based upon the most recent previous uses. The entire center, including existing uses based upon observed demand, Sugarfish, and future assumed demand based on code- required parking, would require 76 spaces, which is less than the existing on-site supply of 84 parking spaces. Moreover, with implementation of valet service, an additional 24 spaces could be created, thus increasing the available supply to 108 spaces. Justification/Findings CUP Findings Finding: The use is consistent with the General Plan and any applicable specific plan. The project is consistent with the General Plan, which designates the property Corridor Commercial (“CC”). The CC designation is intended to “provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity.” The proposed restaurant is consistent with the intent of the CC designation, which seeks development of service uses along commercial frontages. Suite 100, which is the proposed location of Sugarfish, is located on the property’s frontage along East Coast Highway, which is a major commercial thoroughfare within the City. With the proposed restaurant, the property would be served by adequate parking (as demonstrated by the parking report) and the incorporation of valet would ensure adequacy of parking (by providing excess spaces) and efficiency of parking during peak demand periods. To that end, the project proposes establishing a new restaurant in an area intended for such uses and provides appropriate parking to ensure proper functioning of the use. Finding: The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. The property is zoned Corridor Commercial (“CC”) which, like the CC General Plan designation, “is intended to provide for” establishment of neighborhood-serving retail and service uses “along street frontages that are located and designed to foster pedestrian activity.” Eating and Drinking Establishments, including those with late hours and alcohol service, are permitted within the CC zone with the approval of a CUP. As discussed above, Sugarfish would be located on the property’s East Coast Highway frontage. This location serves the purposes of the CC zone, particularly with respect to establishing a neighborhood-serving service use (desirable restaurant) in an area that promotes pedestrian activity. The previous use of Suite 100 – a retail salon – does not engage the frontage or serve to implement the goals of the CC zone to as great a degree as the proposed restaurant, which will increase pedestrian-scale use of the area/property. Finding: The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. The proposed use is consistent with the allowed uses in the vicinity and would not be out of scale or incompatible with the area. The project is a tenant improvement to change the use of an existing suite. It does not propose additional development. There are residential uses to the north and east of the shopping center. However, as noted above, the Suite 100 location fronts Coast Highway which is a major commercial thoroughfare within the City. Moreover, the shopping center has an existing casual restaurant – Bamboo Bistro – that has been operating successfully and harmoniously with the surrounding uses for years. The project would not increase parking demand beyond that which is capable of being accommodated within the existing parking serving the property (and with the implementation of valet parking, would be served by an even greater surplus of parking). The parking report prepared for the project concluded that existing parking demand plus assumed code-required future parking for uses would not exceed the existing parking supply (84) spaces. With implementation of valet service, an additional 84 24 spaces could be created, thus increasing the available supply to 108 spaces. Also, the location provide a walkable food service establishment to the surrounding residential neighborhood, which is anticipated to reduce parking demand and utilization. Finding: The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g. fire and medical) access and public services and utilities. The property is physically suitable for the project. As discussed above, the project is a tenant improvement change of use to convert an existing suite within a shopping center to a high-quality restaurant. The project’s parking area is located underground and is accessed from 5th Avenue through an approximately 22-foot driveway alley. 5th Avenue is a right-in/right-out only maneuver from Coast Highway, which reduces inconsistent traffic movements along Coast Highway. The shopping center is also accessible at Coast Highway/Fernleaf Avenue, which transports drivers to the driveway access off of 5th Avenue. The driveway location off of Coast Highway minimizes the potential to traffic issues at project access points. The property’s frontages on Coast Highway and 5th Avenue provides ample space for emergency access and maneuvering. The project does not propose late-night operating hours and is located adjacent to Coast Highway. Finding: 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. Please refer to the findings above regarding the appropriateness of the project within the shopping center. On-Site Alcohol Sales Findings Finding: The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Per the Newport Beach Police Department’s website, the property is within Area 4 and Reporting District 44. Comparing the publicly available area-wide crime statistics for 2021, Area 4 had the least total crimes reported of all the crime areas.1 The census tract (Tract 627.01) also has a modest amount of on- sale retail licenses, with only 13 active on-sale retail licenses reported by the ABC. This number of active licenses is attributable to, and consistent with, the establishment of Coast Highway as a neighborhood- serving commercial (retail and service) destination. Finding: The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Area 4 generally has lesser crime than the other reporting areas within the City. As discussed previously, the Coast Highway corridor is intended as a commercial designation for neighborhood-serving retail and services, including eating and drinking establishments. With this high concentration of commercial uses, calls for service may be higher along the corridor than other less commercial areas of the City. However, the area is not inconsistent with expectations of calls for service for highly commercial and frequently patronized areas. Finding: 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. 1 2021 statistics in order of least crimes reported: (1) Area 4, 323 reported crimes, (2) Area 1, 376 reported crimes, (3) Area 2, 471 reported crimes, and (4) Area 3, 554 reported crimes. 85 Suite 100 is located adjacent to Coast Highway. Although the property has residential uses to the north and east, such uses would be buffered from the proposed restaurant by the larger shopping center. Also, 5th Avenue provides further separation from the proposed restaurant and residential uses to the north. The proposed restaurant would not locate alcohol service any closer to the residents than is already occurring and Coast Highway is a highly traveled commercial area with many restaurants, bars and other commercial establishments. The shopping center itself is an entirely commercial structure and does not propose establishment of residential uses. Consistent vehicular access along the rear driveway, along with implementation of valet parking, as necessary to accommodate demand, would ensure that the space behind the building remains well traveled, secure, and monitored. Old School Park is the nearest public park, located across Coast Highway and past existing parking and 4th Avenue. Finding: The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. There are a few other establishments selling alcoholic beverages for on-site consumption within the vicinity of the property, which is not unexpected given the commercial nature of the area (zone CC). The majority of the establishment front directly along Coast Highway and are oriented away from nearby residential uses. The project does not propose late night hours, and instead will cease operating by 11:00 pm (on weekend nights and earlier other nights). • Bamboo Bistro (2600 E. Coast Highway) • Avila’s El Ranchito – Corona del Mar (2515 E. Coast Highway) • The Bungalow (2441 E. Coast Highway) • Ruby’s Diner (2305 E. Coast Highway) Finding: Whether or not the proposed amendment will resolve any current objectionable conditions. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. All employees serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages, as required by the State of California. 86 Attachment No. PC 6 Project Plans 87 INTENTIONALLY BLANK PAGE88 Floor 2600 East Coast 2600 East Coast Highway Corona Del Mar, CA 926561RET 8.12.22 N © Stevenson Systems Inc | 2022 | 260EA-R06 6Report ID Suite 100 Suite 120 Suite 130 Suite 150 Suite 160 89 Floor 2600 East Coast 2600 East Coast Highway Corona Del Mar, CA 926562OFF 8.12.22 N © Stevenson Systems Inc | 2022 | 260EA-R06 6Report ID Suite 200 Suite 240 Suite 250 Suite 260 90 2208 SUGARFISH CORONA DEL MAR 2600 EAST PACIFIC HIGHWAY CORONA DEL MAR, CA info@a-rtk.com(310) 279-7657AUGUST 4, 2022SCALE: 3/16" = 1'-0"SCHEMATIC CONCEPT FLOOR PLAN OPTION 2AAUGUST 12, 2022Entry and Waiting AreaCustomer Dining AreaKitchen and Walk-in FridgeBathrooms91 INTENTIONALLY BLANK PAGE92 1 Rodriguez, Clarivel Subject:FW: 2600 E. Coast Highway - Hours of Operation From: Burt, Chris <CBurt@coxcastle.com>   Sent: January 04, 2023 3:49 PM  To: Lee, David <dlee@newportbeachca.gov>  Subject: 2600 E. Coast Highway ‐ Hours of Operation  [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.  David,  Having had a chance to review the draft conditions, Sugarfish respectfully requests that the Planning Commission revise  Condition No. 6 to extend the closing hours to 11:00 pm daily (seven days a week). Sugarfish does not plan to continue  food service past the existing hours specified in Condition No. 6, but the change allows for people to finish their meals  past, for instance, 10:00 pm on a Thursday. Sugarfish understands the inclusion of the “[a]ll patrons shall leave the  premises by the identified closing hour” and the change to 11:00 pm allows flexibility to accommodate people finishing  their meals.   Sugarfish would abide by the closure requirement and the project still does not propose any late hours.  Thanks!    Christopher Burt  Cox, Castle & Nicholson LLP  3121 Michelson Drive | Suite 200 | Irvine, CA  92612 direct:  949.260.4606  | main:  949.260.4600  CBurt@coxcastle.com | vcard | bio | website  For more information, visit our blog Lay of the Land  This communication is intended only for the exclusive use of the addressee and may contain information that is privileged or confidential. If you are not the addressee, or  someone responsible for delivering this document to the addressee, you may not read, copy or distribute it. Any unauthorized dissemination, distribution or copying of this  communication is strictly prohibited. If you have received this communication in error, please call us promptly and securely dispose of it. Thank you. Planning Commission - January 5, 2023 Item No. 4a - Additional Materials Received Sugarfish Restaurant (PA2022-0149) Sugarfish Restaurant CUP 2600 East Coast Highway Planning Commission Public Hearing January 5, 2023 David Lee, Associate Planner Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Vicinity Map Restaurant Location Restaurant Location 8 surface parking spaces 76 underground parking spaces 84 total spaces Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Project Location Sugarfish Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Floor Plan Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Operational Characteristics 5Community Development Department Gross Floor Area 1,718 sq. ft. Interior NPA 729 sq. ft. Outdoor Dining None Seats 43 Hours of Operation 11 a.m.to 10 p.m.(Mon-Thurs) 11 a.m.to 11 p.m.(Fri-Sat) 11 a.m.to 9 p.m. (Sun) Live Entertainment Not permitted Dancing Not permitted ABC License Type Type 41 (beer and wine only) Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Tenant Spaces 6Community Development Department Suite Gross Area Existing Use Proposed Use 100 1,718 Vacant Sugarfish (Restaurant) 120 1,929 Vacant Vacant 130 2,251 American Cancer Society Discovery Shop (Retail) American Cancer Society Discovery Shop (Retail) 150 2,268 Corona del Mar Physical Therapy (Medical Office) Vacant 160 1,830 Bamboo Bistro (Restaurant)Bamboo Bistro (Restaurant) 200 3,281 Vacant Vacant 240 1,927 Vacant Vacant 250 2,453 ECC Capital (Office)ECC Capital (Office) 260 1,824 Office /Storage Office /Storage Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Parking Waiver Per Code Required Parking 103 spaces Parking Provided 84 spaces Parking Deficit 19 spaces Per Parking Study Observed Demand 91 spaces Parking Provided 84 spaces Parking Deficit 7 spaces •Request is to waive 19 standard parking spaces (required by Code) •Parking Study prepared dated November 18, 2022 •Counts taken on a Thursday, Friday, and Saturday w/ typical weather •Study accounts for vacant suites and treats them as occupied Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Parking Management Plan Parking Provided w/ Valet 108 vehicles Observed Demand (per Study)91 spaces Parking Surplus w/ Valet 17 spaces •Parking Management Plan prepared (November 28, 2022) •Valet proposed for majority of operational times (effective once vacant suites occupied) •11:30-8pm •Vehicles stored in underground parking garage •Related Conditions of Approval: 7, 11, 12, 13 Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Findings •Appropriate land use for Commercial Corridor Zoning •No late hours, no live entertainment/dancing •Large underground parking garage for valet •Large supply of street parking (Fifth St., Dahlia Ave, ECH) •Police Department has reviewed and provided conditions of approval incorporated in Resolution 9Community Development Department Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) Recommended Action 10Community Development Department •Conduct a public hearing; •Find project exempt from CEQA (Class 1) •Approve Sugarfish Restaurant CUP (PA2022-0149) Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) 11 Questions and Discussion David Lee, Associate Planner 949-644-3225, dlee@newportbeachca.gov Planning Commission Public Hearing January 5, 2023 Planning Commission - January 5, 2023 Item No. 4b - Additional Materials Presented at the Meeting Sugarfish Restaurant (PA2022-0149) O U R S T O R Y Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) Sushi Nozawa | Studio City | 1988-2012 Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Marina del Rey 2008 S UGA R FIS H B Y S USHI N O Z A W A Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) “Trust Me” Omakase Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) Our Menu Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) Fan base of 77K followers Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) Marina del ReyBeverly Hills Mahattan Beach FlatironCALABASAS PASADENA H O L L Y W O O D STUDIO CITY BRENTWOOD DTLA LA BREA MIDTOWN EAST MIDTOWN WEST Soho W I L L I A M S B U R G B R E N T W O O D Santa Monica Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) 0 1 2 4 8 4'-1 3/4"3'-8"3'-0" 3'-8" 48x18 - 20LF 60x18 - 25LF +0'-4"RAMP UP 30x18 - 12.5LF 36x18 - 15LF36x18 - 15LF60x18 - 25LF 48x18 - 20LFELECELEC 3'-0" ADA ADA ADA2'-8"MINHOST RESETRESET UP +0'-10" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 36x18 - 15LF48" REF TABLE72" REF TABLEADDED EGRESS DOOR WAITING 3'-0"2'-10 1/2"RESETRESTROOM NOT INCLUDED IN LEASED AREA EXISTING DOORS TO REMAIN - LOCK INACTIVE LEAF ADD PRIVACY FILM 2'-11 1/2"48x18 - 20LF48x18 - 20LF 30x18 - 12.5LF 30x18 - 12.5LF48x18 - 20LF3'-6 1/4" 2'-6"3'-2 3/4"3'-1 1/4" 60x18 - 25LF SODA3'-1 1/2"3'-3"30x18 - 12.5LF3'-3"3'-6 1/4"3' -7 3/4" L 3'-2"4'-9 1/2"2'-9 1/2"3'-8"3'-8"L 3'-1"48x18 - 20LF30x18 - 12.5LF2'-6 1/4"60x18 - 25LF4'-11 1/2"FUTURE PLANTER IF REQUIRED BY AGENCY EX. ST. COLUMNTO BE RELOCATED 3'-8"2208 SUGARFISH CORONA DEL MAR2600 EAST PACIFIC HIGHWAYCORONA DEL MAR, CAinfo@a-rtk.com (310) 279-7657 JANUARY 3, 2023 SCALE: 3/16" = 1'-0"SCHEMATIC CONCEPT FLOOR PLANOPTION 2CPlanning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) LOCATIONS Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Beverly Hills Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Calabasas Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | DTLA Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Hollywood Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Manhattan Beach Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | NYC | Midtown East Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Pasadena Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Santa Monica Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | NYC Flatiron Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149) SUGARFISH | Studio City Planning Commission - January 5, 2023 Item No. 4c - Additional Materials Presented at the Meeting by Applicant Sugarfish Restaurant (PA2022-0149)