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02-The Landing PA2010-166
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 9, 2010 Meeting Agenda Item No. 2 SUBJECT: The Landing (PA2010 -166) 3101 -3121 Newport Boulevard, 3100 -3138 Balboa Boulevard ■ Amendment No. 1 to Use Permit No. UP2010 -002 APPLICANT: Cory Chung and Sean Whiskeman, representing Catellus PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY The applicant requests approval of an amendment to Use Permit No. UP2010 -002 to revise the parking management program and waive three additional parking spaces for a total of eight of the required 243 parking spaces. The waiver would allow three outdoor dining patios in conjunction with eating and drinking establishments in the shopping center. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. approving Amendment No. 1 to Use Permit No. UP2010 -002 subject to the findings and conditions in the attached draft resolution (Attachment No. PC 1). INTRODUCTION The subject property is bounded by Newport Boulevard, Balboa Boulevard, 30d' Street, and 32nd Street. The project site is in the CN (Neighborhood Commercial) Zoning District. Access to the existing shopping center will be through driveways along 32nd Street, Newport Boulevard, and Balboa Boulevard. The area of the project site is 163,786 square feet (approximately 3.76 acres). The previous approval for the remodeling of the shopping center included a parcel map to combine six existing legal parcels. The area in the vicinity of the site is developed with a variety of land uses, including residential development, retail uses along Newport Boulevard, and a public parking lot to the south of the subject property. The Landing December 9, 2010 Page 2 VICINITY MAP I NV J II Jai � p` i Protect Site ' � \`\ ,• ' m Jd' e ♦ � ON it �: ti��1i � ?J ✓ nv ;, yw� oar '•6i b 11 s `\119, \�. I'i •1 �.' Y \5 GENERAL PLAN ZONING �.• .16.a R)CY6f`f6R M LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CN (Neighborhood CN (Neighborhood Vacant Commercial ) Commercial NORTH RT (Two -Unit Residential) R -2 (Two -Unit Single -unit and two -unit Residential ) dwellings SOUTH PF (Public Facilities) and PF (Public Facilities) and Public parking lot, and single -unit RT Two -Unit Residential RT Two -Unit Residential and two -unit dwellings EAST CV (Visitor Serving CV (Visitor Serving Retail Commercial ) Commercial WEST RT (Two -Unit Residential) RT (Two -Unit Residential) Single -unit and two -unit dwellings The Landing December 9, 2010 Page 3 Background The now closed shopping center was originally developed in 1960 and contained 41,363 square feet of floor area and 208 parking spaces on -site. A renovation of the existing shopping center was approved through Use Permit Nos. UP2009 -035, UP2010- 002, and Parcel Map No. NP2009 -013 (PA2010 -153) in February of 2010. The renovated center will total 47,878 square feet of floor area and provide 235 parking spaces. Project approvals included: • A parking management plan that uses the shopping center parking rate of 1 space per 200 square feet of floor area and limits restaurant floor area to 15 percent of the total floor area (7,189 square feet) • A waiver for 5 of the required 240 parking spaces • A new 30 -foot high fagade that exceeds the base 26 -foot height limit • A 2,515- square -foot addition along the western wing of the existing retail shops (Shops B), • A new, 4,000- square -foot bank building in the northwestern corner of the parking lot • Restriping and landscaping within the existing parking lot • A parcel map to merge several parcels into one lot Project Description The applicant requests approval of a use permit to amend the existing parking management program to waive three additional parking spaces, for a total of eight of the required 243 parking spaces. The waiver would allow three outdoor dining patios in conjunction with eating and drinking establishments within the shopping center. The previously approved parking lot plan is not proposed to be changed. The applicant has identified three potential tenants to occupy the renovated shopping center. Two of the businesses, Chipotle Mexican Grill and Crow Burger Kitchen, have submitted use permit applications, which are under review. Staff anticipates the third, Gina's Pizza, will be submitted soon. The revised site plan, provided as Attachment No. PC 2, identifies the proposed location of each of these establishments and the size of their accompanying outdoor patio areas. The proposed outdoor patio areas increase required parking and require an analysis of the additional parking demand and whether or not the parking waiver for the proposed outdoor patio areas is appropriate. The actual location and size of each outdoor patio is subject to the review and approval of individual use permits for each establishment. The applicant requests that the parking required for outdoor patios area in excess of 25 percent of the interior net public (586 square feet) be waived. The excess patio area would be counted with the interior gross floor area and the total could not exceed the 15 The Landing December 9, 2010 Page 4 percent maximum floor area limit for restaurant uses per the shopping center parking requirements. If approved, the renovated shopping center would provide 235 (96.7 percent) of the 243 required parking spaces. All other conditions of approval and terms of the previous approvals are proposed to remain unchanged. DISCUSSION General Plan /Coastal Land Use Plan /Zoning The General Plan, Coastal Land Use Plan (CLUP), and Zoning designate this site CN (Neighborhood Commercial). The CN land use category is intended to provide for a range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The shopping center and restaurants with outdoor dining are consistent with this land use category. Parking Analysis Table 1, identifies the size of the interior and outdoor patio areas for each of the three anticipated eating and drinking establishments. Section 20.40.040 of the Zoning Code exempts an area equal to 25 percent of the interior net public area from the required parking space calculation. The area in excess of the 25 percent allotment requires additional parking, shown in the far right column of Table 1, below. Table 1. Outdoor Dining for The Landing Shopping Center Suite N Size Net Public Area (NPA) Permitted Outdoor Dining (25% of NPA) Desired Outdoor Dining Delta 3101 (Chipotle) 1,700 500 125 336 211 3107 (Crow Burger) 1,878 650 163 259 97 3142 (Gina's Pizza) 2,078 686 171 450 279 TOTALS 5,656 1,836 459 1,045 586 The gross floor area, together with the patio areas in excess of the 25 percent allotment, results in 6,242 square feet identified for eating and drinking establishments within the shopping center. The total square footage identified for eating and drinking establishments at this time accounts for approximately 12.8 percent of the gross floor area within the shopping center. Table 2, on the following page, compares the approved and proposed parking for the shopping center. The Landing December 9, 2010 Page 5 Table 2. Parking Comparison Parking Study The applicant provided a parking study prior to the renovation of the shopping center which was prepared by Austin -Foust Associates, Inc. (Attachment PC 3). A new parking study was not requested for the current application because the shopping center is currently undergoing renovation and a parking study conducted at this time would not reflect the maximum parking demand for the shopping center during the peak, summer season. The parking study shows that the peak parking demand for the now closed shopping center indicated a maximum of 156 parking spaces were utilized on -site at peak hours during a Saturday in the summer season. Based on use parking rates for the proposed expansion not including the outdoor dining areas, the study showed that the proposed Gross floor area +outdoor dining area in excess of 25% of NPA ' Restaurant gross floor area + outdoor dining area in excess of 25% of NPA ' Five parking spaces previously waived per Use Permit No. UP2010 -002 (PA2009 -153) Existing Approval Proposed Parking Rate 1/200 square feet 1/200 square feet Gross Floor Area 47,878 square feet 47,878 square feet Outdoor Dining Area Not Specified 1,045 square feet Outdoor Dining in Excess of 25% of NPA Not Specified 586 square feet Total area to be parked 47,878 square feet 48,464 square feet' 15% restaurant maximum' 7,182 square feet 7,270 square feet Parking Spaces Required 1/200 240 243 Parking Spaces Provided 235 235 Deficit 53 8 Parking Study The applicant provided a parking study prior to the renovation of the shopping center which was prepared by Austin -Foust Associates, Inc. (Attachment PC 3). A new parking study was not requested for the current application because the shopping center is currently undergoing renovation and a parking study conducted at this time would not reflect the maximum parking demand for the shopping center during the peak, summer season. The parking study shows that the peak parking demand for the now closed shopping center indicated a maximum of 156 parking spaces were utilized on -site at peak hours during a Saturday in the summer season. Based on use parking rates for the proposed expansion not including the outdoor dining areas, the study showed that the proposed Gross floor area +outdoor dining area in excess of 25% of NPA ' Restaurant gross floor area + outdoor dining area in excess of 25% of NPA ' Five parking spaces previously waived per Use Permit No. UP2010 -002 (PA2009 -153) The Landing December 9, 2010 Page 6 project would create an additional demand of 34 parking spaces with a total demand of 190 parking spaces. The renovated shopping center provides a total of 235 parking spaces on site. Based upon the parking study, staff believes that the incremental demand for parking for the outdoor dining areas can be accommodated by the available parking and that the requested parking waiver will not create any significant parking short falls. Parking Management Program An amendment to the approved parking management program (Attachment No. PC 4) is proposed as the basis for approval of a reduction of the required off - street parking. Pursuant to Section 20.40.110, the Planning Commission may approve a use permit associated with a reduction in the number of required parking spaces with a parking management program that mitigates any impacts associated with the waiver of off - street parking spaces. The approved parking management program mitigates impacts of the reduced parking requirement by establishing limitations on the size of eating and drinking establishments so that the parking demand is not higher than standard retail uses. In addition, the parking management program provides provisions for security to ensure that the parking area is maintained exclusively for the use of shopping center patrons. Use Permit Findings In accordance with Sections 20.52.0201, the Planning Commission must make the following findings for approval: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Landing December 9, 2010 Page 7 The proposed outdoor dining areas would enhance the shopping center and are appropriate for the area, which is close to the beach and has a great emphasis on outdoor living. In addition, the net public area inside of the restaurants is relatively small in comparison to some full - service and take -out service restaurants. The proposed uses are consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and Zoning Code. Adequate parking is provided for the project site within the parking pool provided for the shopping center. Staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). Alternatives If the Planning Commission does not wish to follow staff's recommendation to approve the subject application, the Planning Commission may approve a revised project or deny the subject applications as requested if the findings cannot be met. Environmental Review The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption applies to up to four commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject property is zoned for retail use and the proposed project does not involve significant amounts of hazardous substances and all necessary public services and facilities are provided. The proposed project is consistent with this exemption and involves a reduction in the parking requirement by three parking spaces to allow for the construction of three outdoor patio areas within an urbanized area. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Mak na Nov ,Assistant Planner Submitted by: JJ es W. Camp ell, Planning Director The Landing December 9, 2010 Page 8 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Project Site Plan PC 3 Parking Study PC 4 Parking Management Program FAUsers \PLN \Shared\PA's\PAs - 2009 \PA2009 - 153 \UP2009 -037, NP2009 -013 PC Rpt.docx Attachment No. PC 1 Draft Resolution with Findings and Conditions RESOLUTION NO. ## ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 1 TO USE PERMIT NO. UP2010 -002 TO REDUCE THE OFF - STREET PARKING REQUIREMENT BY THREE ADDITONAL PARKING SPACES FOR A TOTAL OF EIGHT PARKING SPACES THROUGH AN AMENDMENT TO THE PARKING MANAGEMENT PROGRAM FOR PROPERTY LOCATED AT 3100 -3138 BALBOA BOULEVARD AND 3101 -3121 NEWPORT BOULEVARD (PA2010 -166). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Sean Whiskeman and Cory Chung, representing the property owner, Catellus, with respect to property located at 3100 -3138 Balboa Boulevard and 3101 -3121 Newport Boulevard, and legally described as lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980, requesting approval of a use permit. 2. The applicant proposes an amendment to Use Permit No. UP2010 -002 to revise the parking management program and waive three additional parking spaces for a total of eight of the required 243 parking spaces. The waiver would allow three outdoor dining patios in conjunction with eating and drinking establishments in the shopping center. 3. The Zoning District is Commercial Neighborhood (CN) and the General Plan Land Use Element category is Neighborhood Commercial (CN) for the subject property. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category for the subject property is Neighborhood Commercial (CN). 5. A public hearing was held on December 9, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. Page 2 of 16 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption applies to up to four commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 2. The subject property is zoned for retail use and the proposed project does not involve significant amounts of hazardous substances and all necessary public services and facilities are provided. The proposed project is consistent with this exemption and involves a reduction in the parking requirement by three additional parking spaces for a total of eight parking spaces to allow for the construction of three outdoor patio areas within an urbanized area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of a use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The General Plan land use category for this site is Neighborhood Commercial (CN). The CN category is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. A retail shopping center is a permitted use within this land use designation. A -2. The shopping center will provide a variety of retail services, which will serve the surrounding residential community. The proposed outdoor patios will allow for several new tenants to occupy the shopping center, which will provide dining services to the surrounding neighborhood. This will revitalize the project site and provide an economic opportunity for the property owner to update the retail tenants and services, which best serve the quality of life for the surrounding residential community. A -3. The proposed project is consistent with relevant General Plan policies. A -4. The subject property is not part of a specific plan area. Tmplt: 04/14/10 Planning Commission Resolution No. Page 3 of 16 Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The site is located in the CN (Neighborhood Commercial) Zoning District. The CN Zoning District is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The shopping center is consistent with land uses permitted by the CN Zoning District. B -2. The reduction in the parking requirement by three additional required off - street parking spaces for a total reduction of eight parking spaces is permissible through a use permit and the adoption of a parking management program for the subject property. The parking demand study suggests that with the reduction in required parking and implementation of the parking management program, sufficient parking will be provided. B -3. The project includes conditions of approval to ensure the welfare of the surrounding community. All eating and drinking establishments will be required to obtain separate use permits. Any separate discretionary approvals will regulate the operation of the specific use within the project site. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The proposed outdoor patios provide additional net public area outdoors rather than within the establishment, which is compatible with the neighborhood's emphasis on outdoor living. The pedestrian and bicyclist character of the surrounding community fulfills the criteria to consider revised parking requirements for the development. C -2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. Approving the reduction in required parking will enable the proposed eating and drinking establishments with accessory outdoor dining to move forward with the process to obtain individual use permits and occupy the shopping center. The updated shopping center will improve and revitalize the shopping center and the surrounding neighborhood. Tmplt: 04/14/10 Planning Commission Resolution No. _ Page 4 of 16 Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The location of the proposed outdoor dining patios are within existing pedestrian areas on private property which do not encroach into the public right -of -way or reduce the number of required parking spaces provided for the shopping center. D -2. Public and emergency vehicle access and public services and utilities are not hindered by the waiver of required parking or the location of the proposed outdoor dining patios. D -3. The construction of the proposed outdoor patios will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The size and location of the proposed outdoor dining patios would not be detrimental to the harmonious and orderly growth of the City and will contribute rather than hinder public convenience. The outdoor dining patios do not jeopardize the health, interest, safety, or general welfare of residents in the vicinity and the size, location, and use of the outdoor patios will be regulated by the use permit approved for each individual establishment. E -2. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the shopping center. E -3. The size of the interior net public area for each of the proposed eating and drinking establishments is generally smaller in relation to comparable establishments. Tmplt: 04/14/10 Planning Commission Resolution No. Paae 5 of 16 In accordance with Section 20.40.110.B.1 of the Newport Beach Municipal Code, the following findings and facts in support of a reduction of the required parking are set forth: Finding: F. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot nearby, on- street parking available, greater than normal walk in trade, mixed -use development) Facts in Support of Finding: F -1. A new parking study was not requested for the application because the shopping center is currently undergoing renovation and a parking study conducted at this time would not reflect the maximum parking demand for the shopping center during the peak, summer season. F -2. Based on use parking rates for the proposed expansion, not including the outdoor dining areas, the parking study showed that the proposed project would create an additional demand of 34 parking spaces with a total demand of 190 parking spaces. The renovated shopping center provides a total of 235 parking spaces on site. Based upon the parking study, the incremental demand for parking for the outdoor dining areas can be accommodated by the available parking and that the requested parking waiver will not create any significant parking short falls. F -3. The three parking spaces required for outdoor patios area in excess of 25 percent of the interior net public (586 square feet) are waived. The excess patio floor area will be applied toward the 15 percent maximum gross floor area limit for restaurant uses. This will help ensure that parking demand is similar to what was concluded in the parking study. Finding: G. A parking management plan shall be prepared in compliance with Section 20.40.110.0 (Parking Management Plan) of the Zoning Code. Facts in Support of Finding: G -1. The approved parking management plan has been updated to reflect a reduction in the required parking by three additional parking spaces per the draft parking management plan dated September 22, 2010. Tmplt: 04/14/10 Planning Commission Resolution No. Paae 6 of 16 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Amendment No. 1 to Use Permit No. UP2010 -002, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 91h DAY OF DECEMBER, 2010. AYES: NOES: ABSTAIN ABSENT: BY: AM Earl McDaniel, Chairman Michael Toerge, Secretary Tmplt: 04/14/10 Planning Commission Resolution No. _ Paae 7 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The development shall be in substantial conformance with the approved floor plans and building elevations stamped and dated February 4, 2010. (Except as modified by applicable conditions of approval.) [Reso. No. 1800] 3. Amendment No. 1 to Use Permit No. UP2010 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The outdoor patio areas in excess of 25 percent of the interior net public area shall be included in the shopping center calculation for gross floor area and the 15 percent maximum floor area limit for eating and drinking establishments. 5. The subject property shall provide a minimum of 235 parking spaces. The subject property shall comply with the approved Parking Management Program dated November 22, 2010 and the amendment to the Parking Management Program shall be subject to the approval of the Planning Director. 6. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the outdoor dining areas in excess of 25 percent of the interior net public area in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 7. Resolution No. 1800 supersedes Planning Commission Use Permit Nos. UP390, UP464, UP698, UPI 551, UPI 973, UP2067, UP2069, UP3008, UP3280, UP3511, and UP3634 which upon vesting of the rights authorized by this application, shall become null and void six months following the issuance of building permits for the proposed project. [Reso. No. 1800] 8. Use Permit No. UP2009 -037 to allow the height of the new fagade to exceed the base height limit of 26 feet and Use Permit No. UP 2010 -002 to waive five, required, off - street parking spaces shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. [Reso. No. 1800] 9. All signs on the subject property shall comply with the sign matrix and conditions of approval for Comprehensive Sign Program No. CS2009 -001 (PA2009 -004). [Reso. No. 1800] Tmplt: 04/14/10 Planning Commission Resolution No. _ Page 8 of 16 10. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. [Reso. No. 18001 11. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. [Reso. No. 1800] 12. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. [Reso. No. 1800] 13. These Use Permits may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. [Reso. No. 1800] 14. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Use Permit(s) or the processing of a new Use Permit. [Reso. No. 1800] 15. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. [Reso. No. 1800] 16. 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 Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Cut -off fixtures are required at the perimeter of the subject property. [Reso. No. 18001 17. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The survey shall show that lighting values are "1" or less at all property lines. [Reso. No. 1800] 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: [Reso. No. 1800] Tmplt: 04114/10 Planning Commission Resolution No. _ Paqe 9 of 16 19. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. [Reso. No. 1800] 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. [Reso. No. 1800] 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m, and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. [Reso. No. 1800] 22. No outside paging system shall be utilized in conjunction with this establishment. [Reso. No. 18001 23. 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. [Reso. No. 1800] 24. 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. [Reso. No. 1800] 25. 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. [Reso. No. 18001 26. 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 Department. 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). [Reso. No. 18001 Tmplt: 04/14/10 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 19. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. [Reso. No. 1800] 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. [Reso. No. 1800] 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m, and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. [Reso. No. 1800] 22. No outside paging system shall be utilized in conjunction with this establishment. [Reso. No. 18001 23. 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. [Reso. No. 1800] 24. 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. [Reso. No. 1800] 25. 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. [Reso. No. 18001 26. 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 Department. 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). [Reso. No. 18001 Tmplt: 04/14/10 Planning Commission Resolution No. Page 10 of 16 27. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. [Reso. No. 1800] 28. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. [Reso. No. 1800] 29. Parking for the shopping center shall require one space per 200 square feet or gross floor area. Up to 15 percent of the total gross floor area of the entire shopping center may consist of eating and drinking establishments, whose parking requirement is greater than one space per 200 square feet. The size of the net public area for all other eating and drinking establishments shall be limited so that the parking requirement for the establishment does not exceed one space per 200 square feet of gross floor area. [Reso. No. 18001 30. The finished floor elevation for all new structures or additions to an existing structure other than floor area used for parking shall be 9 feet above mean low water level (8.67 NAVD88). The maximum for the new fagade height shall be the greater of thirty (30) feet above the high water line or thirty (30) feet above the side elevation. [Reso. No. 1800] 31. A new use permit shall be required for all uses requiring a use permit per Section 20.43.040 of the Zoning Code, SP -6 Commercial Land Use Regulations, prior to the issuance of building permits to occupy the building following renovation of the shopping center. [Reso. No. 18001 32. Prior to issuance of building permits, the proposed project shall comply with the requirements of Chapter 14.17 of the Municipal Code regarding water - efficient landscaping. [Reso. No. 18001 33. Delivery vehicles that access the rear loading dock shall be required to enter and exit at the rear of subject property on 30th Street via Newport Boulevard. Delivery vehicle access to and from the subject property from Balboa Boulevard via 301h Street shall be prohibited. The applicant shall reconfigure the rear access to the subject property along 30th street to a single driveway not to exceed 60 feet in width to the satisfaction of the traffic division of the Public Works Department without a loss of off -site parking. [Reso. No. 1800] 34. Delivery vehicle operators shall be required to limit truck engine idling to a maximum of 5 consecutive minutes. [Reso. No. 1800] 35. A guardrail or bollards with reflectors that will prevent damage to adjacent residential properties shall be installed along the southwest property line from 301h Street to the alley. The location of the guardrail and bollards shall maintain a minimum 26- foot -wide Tmplt: 04114110 Planning Commission Resolution No. Page 11 of 16 drive aisle through all parking areas. The design and location of the guardrail or bollards shall be subject to the approval of the Public Works Director. All barriers shall be skateboard proof. [Reso. No. 1800] 36. Trees in the parking areas shall be of a species determined by the General Services Department to be compatible with the street trees specified for 32nd Street. [Reso. No. 1800] 37. Storage in parking and vehicle circulation areas adjacent to residentially -zoned properties shall be prohibited. [Reso. No. 1800] 38. Access shall be prohibited at all times in the 5 -foot area between the south fence and the southwest proposed addition. [Reso. No. 1800] 39. 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 The Landing including, but not limited to, Amendment No. 1 to Use Permit No. UP2010 -002 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. FIRE DEPARTMENT CONDITIONS 40. Fire lanes shall be required throughout the project site. [Reso. No. 1800] 41. Fire sprinklers are required for the proposed project. When the existing structure is more than 5,000 square feet and the addition is 2,500 square feet or more, the entire structure shall be equipped with an automatic sprinkler system throughout. Fire sprinklers shall be required for the existing west tenant shops and the new addition to the west tenant shops. Fire sprinklers shall be optional for the east tenant shops. The sprinkler system shall be monitored by a UL certified alarm service company. [Reso. No. 1800] 42. A Soil Gas Investigation and Mitigation Plan shall be prepared by a licensed California Civil Engineer and Certified Geologist and submitted to the City Building and Fire Departments for review and approval. [Reso. No. 1800] Tmplt: 04/14/10 Planning Commission Resolution No. Paae 12 of 16 BUILDING DEPARTMENT CONDITIONS 43. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 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. As required by the Building Department, approval from the Orange County Health Department is required prior to the issuance of a building permit for eating and drinking establishments. [Reso. No. 1800] 44. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: [Reso. No. 1800] 45. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: [Reso. No. 1800] Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 46. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant Tmplt: 04/14/10 Planning Commission Resolution No. _ Paae 13 of 16 will provide the City with a copy of the NO] and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. [Reso. No. 1800] 47. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. [Reso. No. 1800] 48. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. [Reso. No. 1800] 49. Prior to issuance of building permits, the applicant shall provide a California Building Code Compliance analysis prepared by a licensed architect to verify Code Compliance including allowable building area. [Reso. No. 18001 50. Prior to processing of the application for plan check submittal, the applicant shall attend a preliminary code review with the Building Department. To schedule a preliminary code review, the applicant may contact Faisal Jurdi by phone at (949) 644- 3277 or by email at fiurdi(a)newportbeachca.gov. The preliminary code review is charged at a rate of $170 per hour. [Reso. No. 1800] 51. The project foundation shall be designed to mitigate liquefaction effects. [Reso. No. 1800] 52. Approval from the Orange County Health Department is required prior to the issuance of building permits for eating and drinking establishments. [Reso. No. 1800] PUBLIC WORKS CONDITIONS 53. A Final Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply Tmpll: 04/14/10 Planning Commission Resolution No. Paqe 14 of 16 with the City's CADD Standards. Scanned images will not be accepted. [Reso. No. 1800] 54. Prior to recordation of the Final Parcel Map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. [Reso. No. 1800] 55. All improvements shall be constructed as required by Ordinance and the Public Works Department. [Reso. No. 1800] 56. An encroachment permit is required for all work activities within the public right -of -way. 57. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed unless an Encroachment Agreement is applied for and approved by the Public Works Department. [Reso. No. 1800] 58. Reconstruct existing broken and /or otherwise damaged concrete sidewalk and curb and gutter along the Newport Boulevard, 30th Street and 32nd Street. Limits of replacement shall be at the discretion of the Public Works Inspector. [Reso. No. 1800] 59. Remove and replace existing driveway approach on Newport Boulevard. [Reso. No. 1800] 60. Proposed driveway approach on 32nd Street shall be constructed per City Standard #160 -L -A. [Reso. No. 18001 61. Balboa Boulevard is on the City's Moratorium List for Excavation. Trenching into the pavement on Balboa Boulevard as a part of this development shall be avoided. If trench work is performed on Balboa Boulevard as a part of this development, trench resurfacing shall be per City Standard 105 -L -F. [Reso. No. 1800] 62. Install two new 36 -inch box street trees into two new 4 -foot square tree wells on Balboa Boulevard. fronting the development. The tree species to be planted shall be determined by the City Urban Forester. [Reso. No. 18001 63. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. [Reso. No. 1800] Tmplt: 04/14/10 Planning Commission Resolution No. Paqe 15 of 16 64. Parking lot layout shall be per City Standard #805 -L -A and B. [Reso. No. 1800] 65. Any improvements adjacent to driveway approaches shall comply with the City's sight distance requirement per City Standard #110 -L. [Reso. No. 1800] 66. Damage to existing public improvements surrounding the development site by the private construction shall be repaired and additional construction within the public right -of -way may be required at the discretion of the Public Works Inspector. [Reso. No. 1800] 67. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. [Reso. No. 1800] 68. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. [Reso. No. 18001 69. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. [Reso. No. 1800] 70. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. [Reso. No. 1800] 71. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. [Reso. No. 1800] 72. Any proposed sewer and water service improvement to the shopping center and /or individual tenants shall be approved by the Public Works and Utilities Departments. [Reso. No. 1800] 73. Any proposed gas and electrical service connection to the shopping center and /or individual tenants shall be approved by The Gas Company, Southern California Edison, Public Works Department, and Utilities Department. [Reso. No. 1800] 74. All on -site drainage shall comply with the latest City Water Quality requirements. [Reso. No. 1800] 75. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. [Reso. No. 1800] Tmplt: 04/14/10 Planning Commission Resolution No. _ Paqe 16 of 1 76. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. [Reso. No. 18001 77. Prior to recordation of the Parcel Map, fair share fees for the additional square footage parked at the General Commercial rate of $7,367 per thousand square feet ($47,996.01 for 6,515 square feet) shall be paid in accordance with City Ordinance 94- 19 of the Newport Beach Municipal Code. [Reso. No. 1800] 78. Coastal Commission approval shall be obtained prior to the recordation of the Parcel Map. [Reso. No. 1800] 79. Parcel Map No. NP2009 -013 shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Chapter 19.16 of the Newport Beach Municipal Code. [Reso. No. 1800] 75. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. [Reso. No. 1800] 76. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. [Reso. No. 1800] UTILITIES DEPARTMENT CONDITIONS 77. All full service restaurants /establishments are required to have a grease interceptor. [Reso. No. 1800] Tmpll: 04/14/10 Attachment No. PC 2 Project Site Plan CATS LLUS'" A PROLOGIS COMPANY OUTDOOR PATIO EXHIBIT EAST SHOPS - PROPOSED FLOOR PLAN A2 SCALE., 1/8'= I N� 0 8' 16' 24' ARCHITECTS ORANGE 144 NORTH ORANGE ST., ORANGE, CALIFORNIA 92866 (714) 639 -9860 M-136 11171010 ©Z10AWWX60a �ro-�w,.oxe -m e.aw a+ ..wt La.M'W- %evah�v'S ma4� N O ° o o. o n s o � [O � c 0 m Y M 0- � o v O M rn Z E n -0 DQ N CD WD Q 0 CL o�U � Z � N � ° M j o O � N N O o EL 03 OUTDOOR PATIO EXHIBIT WEST SHOPS - PROPOSED FLOOR PLAN SCALE: 118'= 1 =0' so CATELLUS' A PROLOGIS COMPANY ARCHITECTS ORANGE 144 NORTH ORANGE ST., ORANGE, CALIFORNIA 92866 (714) 639.9860 _� x 7 R g a3tl: $3 $R �a s ❑ 1£W PROSG A2r 9011Y WTS4A'MEO ❑x q'•N1I[ P G 48[ i@[ )10 )LLL tKUEJ NM x' O'XNE i).W •1 VNR AN YYIS FEPoT EfR - ', I tGti 3U LNL AS IXAJ n °Y�•:• . 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The existing center has 208 parking spaces and the expanded center will provide 235 spaces. The focus of this study is to determine if sufficient parking will be available to accommodate the proposed expansion. Me :\ am f. Actual parking accumulation counts were performed at the existing retail center for five days in August, 2009. This included three weekdays and two Saturdays. The results confirm, as was suspected, that peak parking occurs on Saturday. The detailed hour by hour parking results are illustrated in Figure 1. However, even a cursory review of these results reveals that the existing parking lot is not fully utilized. The "worst case" peak parking of 156 spaces occupied (75 percent full) occurred on a Saturday. The peak parking demand observed on the second highest day (also a Saturday) was 142 spaces (68 percent). These results indicate that the existing parking lot is not fully utilized and, in fact, has an ample surplus (minimum 52 unused spaces). The proposed project will increase the supply of parking by 27 spaces to a total of 235 spaces. The proposed expansion consists of 355 sf of retail uses, a 4,000 sf bank, and 2,160 sf of food uses for a total of 6,515 sf (see proposed site plan in the Appendix). The parking demand of the proposed expansion was determined based on both actual observed parking rates and Institute of Transportation Engineers (ITE) parking rates. For retail uses, the parking rate based on the observed peak parking demand of the existing retail center was used. The parking rate for the proposed bank was determined from the ITE parking rate for Drive -In Bank (ITE 912), since the Drive -In Bank parking rate is higher than the Walk -In Bank (ITE 911) parking rate, even though the proposed bank will not have a drive - through window. The parking rate for the food uses was determined from the ITE parking rate for Fast Food Restaurant without Drive - Through Window (ITE 933 — Non - Hamburger Restaurant). Table 1 summarizes the parking rates and the resulting parking demand for the proposed expansion. Balboa Center Expansion 1 Austin -Foust Associates, Inc. Parking Study 1177001rpt.doc BALBOA CENTER- EXISTING HOURLY PARKING 250 __------------------------ 00 150 100 50 0 7:00 30 8:00 :30 9:00 :30 10:00 :30 11:00 :30 12:00 :30 1:00 :30 2:00 :30 3:00 30 4:00 30 5:00 :30 6:00 AM AM AM AM AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM PM Time — Available (208 sp) M Saturday8/15R009 —* SatmdayM2f 2009 —7 nuxsday 5,202009 --t- -Friday M112009 Tuesday MSM09 Figurc 1 EXISTING HOURLY PARKING DEMAND Balboa Center Expansion 2 Austin -Foust Associates, Inc. Paddng Study 1177001rpt- Figl.dwg USE Table 1 PARKING DEMAND SIZE PARKING RATE PARKING DEMAND Proposed Expansion Retail 355 sf 4.4 sp/TSFt 2 sp Bank 4,000 sf 3.4 sp/PSF2 14 sp Food 2,160 sf 8.2 sp/fSF; 18 so Total Expansion 6,515 sf 34 sp Existing Peak Demand 156 sp TOTAL PEAK DEMAND 190 sp Source: t ITE Shopping Center (ITE 820) 3 ITE Walk -Up Bank (ITE 911) 1 ITE Fast Food Restaurant (ITE 933 — Non - Hamburger Restaurant) Balboa Center Expansion 3 Austin -Foust Associates, Inc. Parki ng Study 1177001rpt.doo As Table 1 shows, the proposed expansion will result in a peak parking demand of 34 vehicles. When added to the peak parking demand of the existing uses at the retail center (156 vehicles), the proposed expansion will result in a total demand of 190 vehicles for the entire center. The project will provide a total of 235 spaces, for a surplus of 45 spaces. Figure 2 illustrates the hourly parking demand for the proposed expansion. The opportunity for any surplus parking that might be available from a shared use concept was also examined. The Urban Land Institute (ULI) Shared Parking Model was utilized for this purpose. However, due to the nature of the existing and proposed uses (all retail and/or fast food) no shared use opportunity was identified. Finally, during the time the hourly parking counts were being observed, the site's total trip generation was also determined through vehicle counts at the four driveways serving the shopping center. The actual hour by hour driveway count data is shown in the Appendix, but the peak hour rates are as follows: Da /Period Tri Rate ( er TSF Saluda peak (tour 9.83 Weekday AM leak hour 8.66 El Weekday PM peak hour 8.68 This peak hour trip data was collected as a by- product of the hourly parking counts to be available in the event a traffic study is ultimately required for this expansion. CONCLUSION In suunnary, it is concluded that the existing peak parking demand of 156 spaces out of 208 available (75 percent) leaves sufficient unused spaces to accommodate the proposed expansion of 6,515 sf. The proposed expansion requires 34 parking spaces for a total of 190 spaces when added to the existing peak demand. In fact, the current 208 on -site parking space supply is being expanded by 27 spaces for a total of 235 spaces. Moreover, the existing peak demand of 156 occupied spaces only occurred for a single hour during the entire five day count. The peak parking demand observed on the Balboa Center Expansion 4 Austin -Foust Associates, Inc. Parking Study 1177001 rptdoe BALBOA CENTER - PROPOSED EXPANSION HOURLY PARKING 250- 200 15D — u Z u 100 50 0 7:00 :30 5:00 :3D 9:00 :30 10:00 :30- 11:00 :30 12:00 :30 1:00 :30 2:00 :30 3:OD :30 4:00 :30 5:00 :30 6:00 AM AIV A?61 AD1 AM AM AD4 AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM PM Time —Awilahle (235 sp) W Saturday —A Saturday —x— Thursday Friday — 9 Tuesday Figure 2 PROPOSED EXPANSION HOURLY PARI(ING DEMAND Balboa Center Expansion 5 Austin -Foust Associates, Inc. Parldng Study 1177001 rpt Fig2.dwg second highest Saturday was 142 occupied spaces. During the weekdays, a peak parking demand of 120 vehicles was noted, which means that there is an existing surplus of over 80 spaces at all times on weekdays. Balboa Center Expansion 6 Austin -Foust Associates, Inc. Parking Study 1177001rpt.doc APPENDIX Balboa Center Expansion A -1 Austin -Foust Associates, Inc. Parking Study 1177001rpt.doc DWY 4 v . f zolli lop "Z , 'd{JNE•7° 7 e y•"DSVE 6' �,��a "Z. 5 ar t'i�fr� #4 DWY tti 3 ; ( r e =, — a 116., cONE 21 ZOP1E 3'," sf�� p, E� DWY4 �M AZ N Shit �i v t •'3io r ` J a~ �. f r m �,wm �, r r,�r • ^.a. M � 0 �41* rani. � "c r r t r�' ���'♦ �' "dna q'yN� ! iyV it'Ep 1 �,R �� b. °a SZ�xm'G l .� ikFi �R k• O..L ��� "r' + wtA i C C la r • f f �rrY INC' �4 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ALBERTSON'S SHOPPING CENTER @ FILENAME: 08902PK1 NEWPORT BLVD & 32ND ST DATE: 8/15109 CITY: NEWPORT BEACH DAY: SATURDAY Time Period Beginning 1 2 ZONES 3 4 5 6 7 8 9 ZONES 10 11 12 TOTAL SPACES: 16 15 9 9 34 22 22 24 8 21 18 198 7:00 AM 2 2 1 2 4 8 4 7 3 4 2 0 39 :30 AM 2 2 1 2 3 7 3 8 4 4 2 0 38 8:00 AM 2 2 1 3 6 11 8 8 4 5 3 1 53 :30 AM 2 3 2 4 5 15 7 7 1 11 4 1 61 9:00 AM 2 2 2 4 10 17 14 7 1 16 6 0 81 :30 AM 2 3 2 5 13 21 12 11 2 17 6 1 94 10:00 AM 4 1 3 4 20 17 18 14 2 16 10 0 109 :30 AM 5 3 5 4 19 11 10 9 1 16 8 4 91 11:00 AM 5 5 4 5 13 11 16 10 1 19 10 3 99 :30 AM 6 2 3 3 16 14 16 8 2 19 9 5 98 12:00 PM 6 5 5 6 17 18 14 9 2 19 9 2 110 :30 PM 8 5 5 5 20 18 18 12 1 21 10 4 123 1:00 PM 9 4 3 6 32 20 14 13 1 20 11 2 133 :30 PM 8 2 5 4 32 19 19 11 2 21 13 0 136 2:00 PM 9 4 5 4 29 20 19 22 4 20 12 0 148 :30 PM 9 1 5 9 23 17 20 20 2 19 13 0 138 3:00 PM 8 2 6 6 29 20 20 22 2 21 16 0 152 :30 PM 8 2 3 9 30 22 18 23 4 21 16 0 156 4:00 PM 9 1 8 7 26 20 20 22 3 20 17 0 153 :30 PM 10 1 5 7 26 18 21 20 4 19 16 0 147 5:00 PM 8 3 4 4 23 20 16 21 6 20 17 0 142 :30 PM 9 3 2 9 22 16 17 16 4 17 16 0 131 6:00 PM 8 2 7 5 28 21 20 13 3 15 16 0 136 :30 PM 6 1 5 6 20 15 19 9 4 8 13 0 106 7:00 PM 6 1 3 4 15 15 19 9 1 3 9 0 85 :30 PM 6 2 6 5 20 18 13 8 2 12 11 0 103 8:00 PM 6 2 1 5 7 14 16 8 1 4 6 0 70 :30 PM 6 2 3 4 9 11 12 8 0 3 5 0 63 9:00 PM 5 2 4 6 9 10 15 8 0 4 6 0 69 COMMENTS: SEE PHOTO FOR ZONES ZONE 12 = CARS PARKED IN CENTER, OCCUPANTS WENT OUTSIDE OF CENTER. A -3 TRAFFIC DATA SERVICES, INC PARKING STUDY LOCATION: CITY: ALBERTSON'S SHOPPING CENTER @ NEWPORT BLVD & 32ND ST NEWPORT BEACH FILENAME: DATE: DAY: 08902PK4 8/22/09 SATURDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 16 15 9 9 34 22 22 24 8 21 18 198 9:00 AM 2 2 2 2 13 16 10 6 3 13 6 3 75 :30 AM 2 1 2 4 16 18 8 8 3 16 4 0 82 10:00 AM 6 2 3 4 18 18 12 5 2 15 11 0 96 :30 AM 6 1 4 4 22 16 9 5 2 16 8 2 93 11:00 AM 7 1 1 4 23 15 14 4 4 17 13 2 103 :30 AM 6 1 1 4 27 18 15 4 2 17 11 4 106 12:00 PM 7 2 4 4 24 15 16 5 2 20 12 6 111 :30 PM 7 4 3 4 24 14 16 12 4 18 11 3 117 1:00 PM 7 2 6 5 23 14 18 12 3 19 12 1 121 :30 PM 7 3 4 4 23 19 19 12 2 19 9 6 121 2:00 PM 8 6 3 5 26 19 15 11 3 16 10 1 122 :30 PM 9 4 3 4 18 14 16 10 3 16 11 1 108 3:00 PM 9 4 3 4 24 15 20 17 1 18 13 5 128 :30 PM 9 4 7 5 25 20 19 15 2 19 17 0 142 4:00 PM 8 2 4 4 21 15 17 12 1 19 12 2 115 :30 PM 7 1 4 4 23 15 16 12 0 17 11 2 110 5:00 PM 8 2 4 3 19 16 18 15 0 14 12 1 111 :30 PM 8 1 6 3 18 18 20 15 2 13 13 0 117 6:00 PM 7 1 7 3 18 20 19 12 1 14 3 2 105 :30 PM 5 1 2 3 16 16 15 9 2 9 9 0 87 7:00 PM 5 0 4 1 15 13 12 9 2 6 6 3 73 :30 PM 5 0 4 3 13 13 9 3 2 7 8 1 67 8:00 PM 6 0 4 2 10 12 14 5 1 6 8 4 68 COMMENTS: SEE PHOTO FOR ZONES ZONE 12 = CARS PARKED IN CENTER, OCCUPANTS WENT OUTSIDE OF CENTER. A -4 TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: CITY: ALBERTSON'S SHOPPING CENTER @ NEWPORT BLVD & 32ND ST NEWPORT BEACH FILENAME: DATE: DAY: 08902PK2 8/20/09 THURSDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 16 15 9 9 34 22 22 24 8 21 18 198 9:00 AM 2 0 1 3 10 11 7 5 1 15 3 2 58 :30 AM 2 0 3 3 11 12 11 6 1 15 3 1 67 10:00 AM 5 0 1 4 8 14 10 4 2 16 2 1 66 :30 AM 4 0 1 3 11 12 14 4 1 15 3 3 68 11:00 AM 5 0 2 3 12 14 15 6 1 15 5 2 78 :30 AM 6 2 3 5 12 9 10 4 2 16 5 2 74 12:00 PM 7 1 5 6 25 16 20 5 2 17 7 2 111 :30 PM 7 2 2 8 26 18 12 7 3 19 8 2 112 1:00 PM 8 1 3 7 29 18 17 9 2 20 8 1 122 :30 PM 6 0 6 7 18 16 11 10 3 17 10 2 104 2:00 PM 6 1 3 7 19 19 20 13 3 17 8 1 116 :30 PM 6 1 4 6 15 17 19 7 3 14 9 1 101 3:00 PM 7 2 2 6 21 17 19 16 4 15 7 1 116 :30 PM 4 5 5 5 22 13 14 15 8 13 6 4 110 4:00 PM 4 4 8 4 28 14 11 6 5 17 7 0 108 :30 PM 4 4 4 5 29 21 9 4 2 14 8 0 104 5:00 PM 5 2 2 5 22 18 13 2 3 14 7 1 93 :30 PM 5 2 6 6 15 19 12 2 3 12 6 1 88 6:00 PM 5 4 5 6 17 17 19 6 1 13 7 1 100 :30 PM 3 2 3 7 16 21 17 4 1 12 7 1 93 7:00 PM 2 1 5 5 20 13 15 4 2 11 9 0 87 :30 PM 4 0 2 5 9 18 11 1 3 6 9 1 68 8:00 PM 3 1 1 5 11 10 13 6 2 7 8 0 67 COMMENTS: SEE PHOTO FOR ZONES ZONE 12 = CARS PARKED IN CENTER, OCCUPANTS WENT OUTSIDE OF CENTER. A -5 TRAFFIC DATA SERVICES, INC PARKING STUDY LOCATION: CITY: ALBERTSON'S SHOPPING CENTER @ NEWPORT BLVD & 32ND ST NEWPORTBEACH FILENAME: DATE: DAY: 08902PK3 8/21/09 FRIDAY Time ZONES ZONES Period Beginning 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 16 15 9 9 34 22 22 24 8 21 18 198 9:00 AM 2 0 1 3 9 12 13 6 1 20 4 4 71 :30 AM 3 0 1 3 8 13 10 5 1 19 6 2 69 10:00 AM 5 0 2 4 16 16 15 6 1 21 7 2 93 :30 AM 5 1 2 5 17 18 15 6 1 19 7 5 96 11:00 AM 6 1 1 4 14 19 20 8 3 20 5 5 101 :30 AM 6 1 3 4 15 12 18 10 1 18 8 4 96 12:00 PM 6 1 5 5 17 14 15 10 2 18 8 12 101 :30 PM 6 3 5 6 18 17 9 8 2 19 11 8 104 1:00 PM 7 4 3 6 23 15 16 8 1 19 12 2 114 :30 PM 9 3 4 7 19 14 13 8 1 20 12 6 110 2:00 PM 9 5 3 7 18 15 14 7 3 19 10 5 110 :30 PM 8 6 4 6 18 17 14 9 2 21 10 0 115 3:00 PM 6 1 4 6 20 17 14 5 2 20 10 0 105 :30 PM 6 1 4 5 19 19 12 6 0 17 11 0 100 4:00 PM 5 3 6 5 17 21 19 8 1 18 10 0 113 :30 PM 7 2 5 5 22 13 15 4 0 15 9 0 97 5:00 PM 7 3 5 5 16 14 11 8 0 16 11 0 96 :30 PM 8 2 4 5 14 17 18 4 1 14 11 0 98 6:00 PM 7 2 6 4 17 19 20 7 0 15 9 0 106 :30 PM 3 2 3 6 15 20 18 6 0 12 8 0 93 7:00 PM 3 1 5 4 14 6 15 5 0 13 9 0 77 :30 PM 3 3 5 6 13 12 13 5 0 6 7 0 73 8:00 PM 3 1 7 2 14 8 13 7 0 4 8 0 67 COMMENTS: SEE PHOTO FOR ZONES ZONE 12 = CARS PARKED IN CENTER, OCCUPANTS WENT OUTSIDE OF CENTER. an TRAFFIC DATA SERVICES, INC. PARKING STUDY LOCATION: ALBERTSON'S SHOPPING CENTER @ NEWPORT BLVD & 32ND ST CITY: NEWPORT BEACH Time Period Beginning SPACES: 9:00 AM :30 AM 10:00 AM :30 AM 11:00 AM :30 AM 12:00 PM :30 PM 1:00 PM :30 PM 2:00 PM :30 PM 3:00 PM :30 PM 4:00 PM :30 PM 5:00 PM :30 PM 6:00 PM :30 PM 7:00 PM :30 PM 8:00 PM 1 2 ZONES 3 16 15 9 3 1 1 2 2 1 3 1 3 5 1 1 5 3 3 6 2 3 6 5 5 7 3 2 7 2 5 7 3 2 7 2 2 7 2 2 6 2 2 6 3 3 6 1 5 6 1 3 7 0 3 6 0 4 6 1 5 4 2 4 4 3 5 4 2 4 4 2 4 4 5 6 7 8 9 34 22 22 24 3 6 12 11 6 2 11 9 9 5 3 13 6 6 5 4 15 13 13 7 5 16 9 12 7 4 15 16 11 9 6 25 16 16 10 6 19 16 14 10 8 19 13 14 9 4 20 17 16 10 3 23 18 15 8 5 18 18 18 8 2 14 16 15 6 3 21 13 14 6 3 21 16 13 6 3 16 12 18 6 4 19 14 17 5 2 12 16 20 6 2 19 16 17 11 3 22 17 13 6 2 16 15 14 8 3 14 18 14 5 4 10 12 15 5 FILENAME: 08902PK5 DATE: 8125109 DAY: TUESDAY ZONES 9 10 11 12 TOTAL 8 21 18 198 0 15 9 2 67 0 16 9 0 66 0 14 9 2 63 0 15 10 2 84 3 13 12 6 88 0 14 10 4 90 1 16 11 7 117 1 20 12 2 110 0 19 10 9 106 0 12 11 5 102 2 13 11 2 104 2 14 11 0 105 0 14 11 4 88 1 13 9 2 92 1 11 15 0 98 3 12 8 3 88 3 11 7 0 90 2 11 6 1 85 1 12 8 1 98 2 9 16 4 98 1 6 11 3 85 2 4 8 2 78 2 3 7 2 68 COMMENTS: SEE PHOTO FOR ZONES ZONE 12 = CARS PARKED IN CENTER, OCCUPANTS WENT OUTSIDE OF CENTER. A•7 TRAFFIC DATA SERVICES, INC. (714) $413226 Summary of Vehicular Timing Movements LOCATION: ALBERTSONS SHOPPING CENTER@ NEWPORT BLVD & 32ND ST CITY: NEWPORT BEACH FILENAME: 06902001 DATE: 8115109 DAY: SATURDAY PERIOD BEGINS 1 IN OUT 2 IN OUT 3 IN OUT 4 IN 6 OUT IN OUT 6 Total IN OUT IN OUT 7:00 AM 3 4 0 0 4 4 6 4 13 12 :15AM 3 4 0 0 8 5 0 1 77 10 :30AM 1 2 0 0 7 7 6 3 14 12 :45Ah1 7 3 1 2 5 4 6 4 19 13 8:00 AM 9 6 1 1 10 9 12 7 32 23 :15AM 7 9 3 0 10 13 7 5 27 27 :3DAM 6 11 2 0 9 8 73 8 30 26 :45 AM 14 10 0 0 20 11 11 6 45 27 9:00 AM 13 12 2 0 23 14 17 12 55 38 :16AM 17 9 0 D 13 20 5 6 35 35 :30 AM 8 9 3 1 17 18 14 7 42 35 :45 AM 15 9 i i 21 11 74 12 51 33 10 ;00AM 7 14 1 0 11 16 16 16 35 46 :75AM 10 19 1 0 13 18 11 7 35 44 :30 AM 11 10 0 0 71 15 14 9 36 34 :45 AM 12 13 0 0 11 23 76 11 39 47 11:00 AM 14 11 0 0 70 9 8 6 30 28 :75AM 13 16 0 1 19 17 16 5 48 39 :30 AM 8 6 1 1 15 13 17 12 41 32 :45 AM 5 12 1 1 8 6 12 7 27 26 12:00 PM 12 18 0 0 11 8 9 11 32 37 :15 PM 8 14 3 2 24 19 10 12 45 47 :30 PM 13 22 0 0 It 15 75 10 39 47 :45 AM 23 19 2 1 19 16 19 12 63 48 1:00 PM 16 14 2 1 18 12 16 8 52 35 :15PM 12 16 2 1 21 16 18 13 53 46 :30 PM 13 17 2 2 10 8 23 12 48 39 :45 PM 12 18 3 2 19 14 75 18 49 53 2:00 PM 13 17 4 2 10 16 23 12 60 47 :15 PM 17 19 4 2 12 21 17 21 60 63 :30 PM 14 20 5 3 76 t7 14 22 49 62 :45 PM1I 18 17 4 3 11 19 13 10 46 49 3:00 PM 19 18 3 2 19 14 10 7 61 41 :15PM 22 21 5 4 11 9 12 10 50 44 :30 PM 24 31 4 2 12 14 10 9 50 56 :45 PM 16 23 4 2 17 7 5 7 42 39 4:00 Pht 20 21 3 5 12 9 5 10 40 45 :15 PM 15 19 2 3 11 5 7 10 35 37 :30 PM 10 17 0 0 24 17 11 18 45 52 :45 PM f0 tfi 0 1 20 16 13 75 43 46 5:00 PM 8 23 0 0 25 17 10 14 43 54 :15PM 3 38 0 0 20 21 13 6 36 65 :30 PM1I 9 19 2 2 30 29 7 10 48 60 :45 PM 9 19 0 0 25 21 14 3 48 43 6:00 PM 11 20 0 0 16 38 4 9 31 67 :15PM 8 27 0 0 18 20 16 6 40 53 :30 PM 12 22 0 0 26 20 6 13 44 65 :45 PM 11 14 0 0 23 21 77 11 45 46 7:00 PM 11 13 2 1 28 21 14 6 55 41 :15 PM 3 16 1 2 34 16 71 9 49 43 :30 PM 9 18 0 2 23 26 6 14 38 60 :45 PM 12 23 2 3 18 24 6 7 36 57 8:0D PM 9 13 0 0 18 24 5 1 32 38 :ISPM 4 9 3 2 18 15 5 0 30 26 :30 PM 9 4 0 0 17 18 3 5 28 27 :45 PM 5 4 0 0 12 15 10 7 27 26 TOTAL: 623 849 79 58 901 860 626 516 0 0 0 0 2228 2283 COMMENTS: A -8 TRAFFIC DATA SERVICES, INC. (714)541.2228 Summary of Vehicular Turning Movements LOCATION: ALBERTSON'S SHOPPING CENTER@ NEWPORT BLVD 8 32ND ST CITY: NEWPORTBEACH FILENAME: 08902004 DATE: 822/09 DAY: SATURDAY PERIOD 1 2 3 4 6 6 Total BEGINS IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT 7:00 AM :15AM :30 AM AS AM 8:00 AM :15 AM 30 AM 45AM 9:00 AM :15AM :30 AM :45AM 10:00 AM :15 Ahl :30 Ahi :45 AM 11:00 AM 15 AM :30 AM :45 AM 12:00 PM :15 PM :30 PM :45 AM 1:00 Phi :15 PM .30 PM :45 PM 2:00 Phi :15 PM :30 PM :46PM 3:00 PM :15 PM :30 Phi :45 PM 4:00 Phi 15 PM :30 PM :45 Phi 5:00 PM ASPM :30 PM :45 PM 6:00 PM :15 Phi :30 PM :45 PM 7:00 PM :15 PM :30 PM AS Phi 6:00 PM :15 Phi :30 Phi 45 PM 8 10 1 0 22 15 12 10 43 35 10 12 4 0 10 15 11 12 35 39 5 6 3 2 20 12 12 9 40 29 6 18 3 2 20 19 11 8 40 47 18 16 0 1 19 24 20 13 57 64 9 11 2 2 14 10 12 6 37 29 8 13 2 0 18 17 13 14 41 44 10 10 2 0 13 8 19 8 44 28 13 10 0 0 16 5 13 14 42 29 5 21 1 0 17 13 16 15 39 49 i6 10 2 4 13 20 ii 6 42 40 7 13 2 1 14 21 22 28 45 63 10 10 2 1 11 11 13 14 36 36 23 26 0 1 15 15 17 13 85 55 11 14 0 1 13 21 21 13 45 49 7 9 0 0 15 14 17 9 39 32 11 18 2 1 18 26 13 17 44 62 15 16 2 0 11 14 15 11 43 41 14 21 0 0 18 12 it 13 41 46 18 16 2 1 17 16 10 13 47 46 9 16 2 3 24 16 16 15 51 52 13 19 2 1 21 18 15 16 51 54 9 9 1 0 19 15 10 8 39 32 15 18 1 1 17 11 9 12 42 42 10 13 1 2 16 9 11 16 38 40 14 19 2 1 20 18 12 18 48 56 16 25 2 3 14 12 14 11 46 51 15 21 1 1 16 10 9 6 41 38 13 20 3 1 18 24 19 12 53 57 8 12 2 1 3 9 7 13 20 35 13 20 1 1 31 26 25 14 70 61 it 15 0 1 24 20 18 14 53 SO 12 15 1 0 22 6 4 8 39 31 13 22 2 0 9 4 8 2 32 28 11 23 1 4 12 9 10 7 34 43 12 20 2 2 11 7 6 4 31 33 7 26 2 1 10 9 3 6 22 41 20 16 3 2 12 10 3 3 38 31 7 12 3 0 9 9 7 5 26 26 7 9 0 3 10 10 6 8 23 30 9 9 0 3 14 11 7 8 30 31 8 16 0 5 10 10 5 7 23 38 10 10 1 2 13 10 6 6 30 28 11 8 3 1 9 9 8 10 31 28 TOTAL: 497 COMMENTS: 675 66 66 676 602 527 474 0 0 0 0 1766 1807 A -9 TRAFFIC DATA SERVICES, INC. (714) 5412228 Summary of Vehicular Turning Movements LOCATION: ALBERTSON'S SHOPPING CENTER@ NEWPORT BLVD 832ND ST CITY: NEWPORT BEACH FILENAME: 08902D02 DATE: M0109 DAY: THURSDAY PERIOD 1 2 3 4 5 6 Total BEGINS IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT 7:00 AM :15 Ah1 :30 AM 45 AM 8:00 AM :/SAKI :30 AM :45 AM 9:00 AM :15 PAI 30 AM :45 AM 10:OOAM :15 AAI :30 AM :45AM 11.00 AM :15 AM :30 AM 45 AM 12:00 PM :i6 PM :30 PM 45 AM 1:00 PM :15 PM :30 P67 :45 PM 2:00 PM :15 PM :30 PAI :45 PM 3:00 PM 15 PM :30 PM :45 PM 4:00 PM ❑6PM :30 PM :45 PM 5:00 I'M :15 PM :30 PAI 45 PM 6:00 PM :15 PM :3o PM AS PM 7:00 PM :15 PM :30 P61 :45 PAI 8:00 PM :15 PM :30 PM :45 PM 10 8 2 0 8 10 6 6 26 24 6 6 0 1 13 9 6 8 25 24 8 8 1 2 8 17 6 6 23 33 7 5 0 1 13 9 11 9 31 24 9 8 0 2 9 14 13 6 31 29 10 5 1 2 11 14 10 9 32 30 9 9 0 1 19 23 13 8 41 41 7 6 2 0 5 1D 8 5 22 21 8 10 2 1 9 11 14 9 33 31 4 12 0 4 11 9 13 12 28 37 10 8 1 1 25 18 12 3 48 30 9 12 0 0 24 14 17 8 50 34 11 14 1 0 19 27 21 16 52 57 9 15 0 1 16 16 23 12 48 44 6 14 0 2 16 14 24 14 46 44 7 it 4 0 24 19 19 7 54 37 8 11 0 0 19 23 18 13 45 47 9 10 2 0 20 22 16 4 47 36 8 8 1 0 21 24 19 14 49 46 9 7 0 0 12 18 22 9 43 34 12 11 0 0 10 17 14 15 36 43 8 15 0 0 18 16 21 10 47 41 7 15 0 0 12 21 19 12 38 48 6 11 0 0 14 18 12 10 32 39 6 6 1 3 14 13 10 8 31 30 9 10 2 0 10 13 12 10 33 33 5 12 0 0 11 11 10 7 26 30 7 7 0 0 10 12 17 3 34 22 6 17 1 0 8 12 14 9 29 36 9 16 0 1 11 9 11 4 31 30 5 11 2 2 12 18 13 5 32 36 5 16 0 1 23 22 12 6 40 45 6 17 0 1 19 18 17 14 44 50 7 11 3 0 13 14 10 6 33 31 11 9 4 0 10 17 20 it 45 37 7 20 1 0 12 14 13 9 33 43 6 10 3 0 12 1D 10 7 33 27 7 20 1 1 10 16 8 8 24 45 8 17 0 0 18 26 18 6 44 49 13 15 1 0 18 23 20 11 62 49 12 16 1 0 13 24 17 8 43 48 5 13 0 1 8 22 13 8 26 44 9 8 2 1 9 14 12 9 31 32 4 16 1 0 7 10 7 4 19 30 TOTAL: 347 COMMENTS: 506 40 29 6D4 711 819 $77 A -10 1610 1623 TRAFFIC DATA SERVICES, INC. (714)641 -2228 Summary of Vehicular Turning Movements LOCATION: ALBERTSON'S SHOPPING CENTER (9 NEWPORT BLVD 8 32ND ST CITY: NEWPORTBEACH FILENAME: 08902D03 DATE: WL109 DAY: FRIDAY PERIOD 1 2 3 4 5 6 Total BEGINS IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT IN OUT 7:OOAM A5 AM :30AM :45 AM 800 AM :15PAI :30 AM :45 AM 9:OOAh1 :15 Ah1 :30 AM AS ALI 10:00 AM :15 AM :30Ahi :45 AM 11:00PAI :15 AM :30 AM :45 AM 12:00 PM :15 Phi :30 PM :45 AM 1:00 Phi :15 Phi 30 PM :45 PM 2:00 PM :15 PM :30 Phi :45 Phi 3:00 PM :15 PM :30 PM :45 Phi 4:00 PM :15 PM :30 PM :45 PM 5:00 PM 15 PM :30 Phi :45 PM 6:00 PM :15 PM :30 Phi :45 PM 7:00 PM :15 PM :30 Phi :45 Phil 8:00 PM :15 PM :30 Phi :45 PM 7 8 1 0 9 13 10 7 27 28 6 6 2 1 14 16 10 7 32 30 6 4 3 3 11 6 7 9 27 22 4 2 2 1 10 13 11 6 27 22 5 5 2 2 18 14 14 5 39 26 6 15 1 0 14 19 13 12 36 46 13 8 2 2 15 22 17 7 47 39 10 14 1 1 15 9 8 7 34 31 15 13 3 2 11 10 8 8 37 33 6 12 0 1 10 15 11 15 27 43 9 10 2 0 17 19 13 10 41 39 5 10 1 0 11 20 16 14 33 44 14 12 1 0 23 24 26 10 84 46 14 9 1 2 19 23 14 11 48 45 11 15 1 1 12 15 8 7 32 38 12 11 1 1 22 15 23 11 58 38 14 15 1 4 24 18 19 12 56 49 9 12 3 2 16 23 24 11 62 48 11 8 2 3 20 22 17 14 50 47 10 10 0 1 23 21 14 6 47 38 13 7 1 2 15 22 16 14 45 45 13 17 1 0 17 14 12 10 43 41 6 12 0 0 15 20 15 11 36 43 7 11 0 1 24 18 19 6 50 36 6 14 1 1 9 12 8 7 24 34 7 9 0 0 17 12 8 7 32 28 6 13 1 1 29 20 21 11 59 45 5 14 0 2 19 21 17 9 41 46 7 16 1 1 20 20 18 14 48 51 12 16 0 2 7 e 4 5 23 31 6 7 1 1 14 16 17 10 38 34 9 12 2 3 16 9 12 17 39 41 6 15 2 4 12 18 23 14 43 51 15 8 3 3 19 19 11 10 48 40 8 19 3 4 16 16 16 7 43 46 11 17 3 1 11 20 23 15 48 63 8 16 3 0 11 16 19 13 41 45 7 it 1 0 13 11 15 10 36 32 7 15 0 0 16 25 15 8 37 48 9 7 4 4 9 13 12 7 34 31 6 10 1 1 10 20 11 11 28 42 3 11 1 0 9 12 6 4 19 27 3 7 0 1 12 14 8 8 23 30 6 10 1 0 9 10 it 7 26 27 TOTAL: 376 COMMENTS: 493 60 59 662 723 620 424 A -11 1718 1699 TRAFFIC DATA SERVICES, INC. (714)541.2226 Summary of Vehicular Turning Movements LOCATION: ALBERTSON'S SHOPPING CENTER@ NEWPORT BLVD & 32ND ST CITY: NEWPORT BEACH FILENAME: 08902005 DATE: 825/09 DAY: TUESDAY DRIVEWAYS PERIOD 1 2 3 4 5 6 Total BEGINS IN OUT' IN OUT IN OUT IN OUT IN OU7 IN OUT IN OUT 7:00 AM 15 AM 30 AM ;45 AM 8:OOAh1 :15 AM :30 Ah1 AS AM 9:130 AM :15 Ah1 :30 AM 45 AM 10:00 AM :15M :30 AM :45 AM 11:OOAM :15 Ahi :30 AM :45 AM 12:00 PM 15 PM :30 PM 45 Aht 1:00 PM 15 PM :30 PM :45 Ph9 2:00 PM :15 PM :30 PM 45 Phi 3:00 PM :i6 Phi :30 PM :45 Phl 4:00 PM :15 PM 30 PM :45 Ph9 5:00 PM :15 PM :30 PM :45 PM 6:00 Phl :15 PM :30 PM :45 PM Too PM :15 PM :30 PM 45 PM 8:00 PM 16 PM :30 PM 45 PM 7 8 3 0 6 10 12 2 28 20 6 7 1 2 7 9 6 0 20 18 3 4 3 0 12 7 9 4 27 15 10 6 1 2 3 12 6 8 20 28 13 13 5 4 14 8 7 5 39 30 12 7 1 2 15 12 15 3 43 24 11 9 1 0 11 14 9 9 32 32 7 10 0 0 10 10 8 6 25 28 5 9 2 2 17 14 14 4 38 29 4 9 0 1 11 11 11 9 26 30 8 5 3 0 7 8 10 6 28 21 9 11 4 1 8 8 16 8 37 28 9 10 0 0 11 13 12 7 32 30 16 15 0 3 13 10 15 5 44 33 9 11 3 2 12 9 9 13 33 35 7 17 0 1 14 M 15 8 36 40 11 14 1 2 9 12 14 5 35 33 7 9 0 0 7 6 11 14 25 29 12 14 1 3 18 15 16 14 47 46 7 11 0 1 16 13 12 7 35 32 10 5 0 1 19 15 11 15 40 36 17 12 2 1 10 14 6 6 35 33 11 12 0 0 12 17 7 9 30 38 7 8 1 0 4 11 10 10 22 29 7 8 4 1 14 16 a 10 33 35 7 13 2 1 17 11 13 5 39 30 8 11 3 3 22 9 15 8 48 31 8 8 2 3 9 12 14 8 31 31 9 19 3 2 6 19 10 4 28 44 6 12 3 2 14 14 11 10 34 38 7 8 1 2 12 7 11 5 31 22 6 it 0 1 11 19 17 7 34 38 9 13 1 0 16 13 15 15 41 41 12 17 1 7 22 17 7 8 42 49 7 12 1 1 14 10 19 8 41 31 8 11 1 2 10 6 16 14 35 33 17 19 6 2 21 12 17 8 60 41 8 21 0 2 21 22 19 12 48 57 8 9 0 1 15 20 13 11 36 41 6 17 0 0 15 21 14 8 35 46 4 11 1 1 10 13 17 10 32 35 5 11 0 1 12 7 7 12 24 31 10 10 2 0 15 13 5 5 32 28 5 11 2 2 17 15 10 12 34 40 TOTAL: 373 COMMENTS: 488 64 62 559 548 519 359 F415111 1515 1457 Attachment No. PC 4 Parking Management Program 7 CATELLUS" A PROLOais cOMP,tur REVISED Parking Management Plan for 3101 -3121 Newport Boulevard & 3100 -3138 W. Balboa Boulevard Owner: Catellus Operating, LP Catellus Operating, LP, A Delaware Limited Partnership ( "Catellus ") is the owner of the Albertson's anchored shopping center located at 3101 -3121 Newport Boulevard and 3100 -3138 W. Balboa Boulevard. Catellus is requesting a parking waiver of eight (8) stalls, which would allow the center to provide 4.85 stalls per 1,000 square feet of building area or just under the required five (5) stalls per 1,000 square feet required by Chapter 20.40.050 of the City of Newport Beach Zoning Code. In order to justify the parking waiver, we respectfully submit the attached parking study compiled by Austin Foust Associates, Inc. as well as the following which will become the basis for our Parking Management Plan ( "PMP ") for the shopping center. The PMP's primary intent is to provide rules and regulations to maximize the available parking spaces for customers of the shopping center and further discourage the general public from using the parking areas for non - shopping related trips. We expect to accomplish this by limiting food and beverage establishments, installing proper signage, creating designated employee parking areas, providing diligent on -site security, self - policing directives, and additional measures, as needed. Parking Management Plan Revised 11/22/10 CATELLUS" A PROLOGiS COMPANY In the Austin Foust Associates, Inc. parking study, it was found that the parking lot of the existing shopping center was never more than 75% full, even at the busiest times of the day on peak summer vacation days. With a similar mix of proposed uses, the parking analysis indicates that with the expansion, only 190 parking spaces would be required at the peak time of a peak summer day. With 235 parking stalls being provided, Catellus feels that there will be ample parking, and thus a parking waiver for 8 stalls is justified. Austin Foust Associates originally performed its parking study using the most conservative ITE parking rates, which resulted in the maximum parking requirement being 199 stalls; however Catellus received direction on January 20, 2010 from the City of Newport's Department of Public Works to use alternative parking rates, which are reflected in the attached parking study. Please note that the Austin Foust parking study was not updated to calculate the additional demand from 586 additional square feet of outdoor dining. We feel that the original study showed ample parking being provided to support an additional waiver for 3 spaces. 1. Limitation on food and beverage establishments. With the exception of eight (8) parking stalls, the proposed renovation of the existing shopping center will comply with the parking requirements of section 20.40.050 of the City of Newport Beach zoning code: 1. The gross floor area of the shopping center does not exceed 100,000 square feet. 2. The gross floor area of all eating and drinking establishments will not exceed fifteen percent (15 %) of the gross floor area of the shopping center. Parking Management Plan 2 Revised 11/22/10 7 C)kFELLUS" A PROLOOIS CONIPANY For any additional food or beverage establishments in excess of the unrestricted fifteen percent (15 %), the net public area will be limited so that the required parking will equal 1 space per 200 square feet of gross floor area. This limitation on food and beverage establishments above the 15% threshold will be a condition of approval for the use permit requested herein. Below is an example of how a food and beverage establishment (whose square footage was not part of the unrestricted 15% of gross floor area) applying for a use permit to operate in the shopping center would be treated. It will be the responsibility of all prospective tenants to obtain individual use permits for their businesses and comply with this condition of approval. Please note that allowing additional food and beverage establishments beyond the initial fifteen percent is a deviation to Section 20.66.090, as proposed by this Parking Management Plan. Any additional food and beverage establishments will not negatively impact the shopping center because their size will be limited such that the parking ratio will be 1 space per 200 square feet, which is the allowed retail rate. Example: Assume that there is already 7,182 square feet (15% of 47,878 total square feet) of food and beverage establishments at the shopping center. Restaurant A is 1200 square feet, full service small scale. The 1 parking space per 200 sf overall requirement yields 6 parking spaces for that space. For a full service, small scale restaurant, the code requires that there is one parking space per 75 square feet of net public area. Thus, the net public area for Restaurant A would be limited to 450 square feet. 1200 sf x 1 space /200 sf = 6 parking spaces Full service, small scale = 1 space /75 sf net public area Parking Management Plan 3 Revised 11/22/10 7 CNFELLUS'° A PROLOGiS COMPANY 6 parking spaces x 75 sf net public area = 450 total sf net public area for the 1200 sf total restaurant. Parking Management Plan Revised 11/22/10 7 CA'ELLUS" A PROI.OGIS COMPANY 2. Detailed Signage Signs, with references to the applicable City of Newport Beach parking codes, will be positioned throughout the shopping center parking lot that will advise visitors of the following: 1. Parking for patrons and employees only 2. No public parking 3. No overnight parking 4. Employee parking zones 3. Employee Parking Guidelines Employees of the shopping center's businesses will be required to park in twenty -three designated parking spaces located in the rear and side of the shopping center. Overflow employee parking will be along the perimeter of the shopping center (i.e. along 32nd Street edge) in order to maximize convenient parking for visitors of the shopping center. Employers will be required to notify the on -site security office of vehicle descriptions and license plate numbers of all employees, which will further enable the security guards to monitor if non - patrons are parking and leaving the site. It is not the intent of the Parking Management Plan to limit or dictate the number of employee parking spaces, but rather to specify where employees are allowed to park in order to make it more convenient for customers to park closer to store entrances. Catellus does not have an estimate of the number of employees who will park on site; however by meeting the 1 space per 200 square feet Parking Management Plan 5 Revised 11/22/10 CAFE LLUS'° A PROLOGIS COMPANY requirement (with the exception of the parking waiver for 8 spaces) set forth in Section 20.66.090, the shopping center will sufficiently provide parking for customers and employees. 4. Security Guard Involvement In addition to monitoring employee parking, the on -site security will continually monitor and manage the public parking usage of the center. Security will enforce any violations according to the city code requirements parking on private property. For a shopping center of this size, it is appropriate to have one security guard on site during operating hours. However, the number and working hours of the security guards will be set at the landlord's discretion, subject to the approval of the Planning Director, in order to optimize the operations of the shopping center. 5. Bike Racks In order to encourage patrons to use alternate modes of transportation to the shopping center, bike racks will be positioned throughout the center to accommodate a minimum of fifteen (15) bicycles at a time. 6. Limitations of Non - Parking Uses in the Parking Area The following will be limited or prohibited in order to preserve parking for shopping center patrons. 1. The grocer will be prohibited from installing cart corrals for shopping cart storage in such a way that parking spaces become unusable. This restriction will be recorded in the CC &R's, and will be enforced by the Parking Management Plan 6 Revised 11/22/10 CAIE LLUSM n PROLOGIS COMPANY onsite property manager. Please refer to the revised updated site plan, dated January 13, 2010 for planned locations of cart corrals. The grocer will be responsible for collecting the shopping carts from the cart corrals, as is standard practice. 2. Sale and other promotional events held by retailers the parking areas will be limited to the off - season and subject to review and approval of Catellus, as well as require a Special Events or Temporary Use Permit from the City of Newport Beach. Parking Management Plan 7 Revised 11/22/10