HomeMy WebLinkAboutTony Romas (PA2002-237) Bennigans (PA2002-238)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 6
February 20, 2003
TO: PLANNING COMMISSION
FROM: Chandra Slaven, Assistant Planner
(949) 644 -3231 cslaven @city.newport - beach.ca.us
SUBJECT: Tony Roma's (PA2002 -237) and Bennigan's (PA2002 -238)
2901 W. Coast Highway, Suites 170 and 180
Request for two Use Permits to allow two Eating and Drinking
Establishments and to authorize the sale of alcoholic beverages for
on -site consumption pursuant to the Alcoholic Beverage Outlet
Ordinance (ABO). The applications also include a request to modify
required parking.
APPLICANT: West Coast Highway #1
C/o Primrose
3741 Merced Dr. Suite E
Riverside, CA 92503
ISSUE:
Should the Planning Commission approve two Use Permits to allow two Full- Service,
Eating and Drinking Establishments, the sale of alcoholic beverages (Type 47 On -Sale
General) for on -site consumption pursuant to the Alcoholic Beverage Outlet Ordinance
(ABO), and a request to modify the required parking?
RECOMMENDATION:
Hold a public hearing and approve the requested Use Permit Nos. 2002 -048 (PA2002-
237) and 2002 -048 (PA2002 -238) subject to the findings and conditions of approval
within the draft resolution for project approval.
DISCUSSION:
Site /Proiect Overview:
The two proposed restaurants will be housed on the second floor of the three -story
building located at 2901 W. Coast Highway (The site is commonly referred to as the
John Dominis Building). Tony Roma's Ribs and Burgers referred to as "restaurant 1"
will have a total area of approximately 6,000 square feet (approximately 190 seats)
including an outdoor dining area of approximately 1,267 square feet. Bennigan's Steak
and Seafood referred to as "restaurant 2" will have a total area of approximately 5,590
square feet (approximately 196 seats) including an outdoor dining area of
approximately 932 square feet. The project site provides parking with a combination of
on -site and off -site parking. The off -site parking lot is located on the southwesterly
corner of Riverside Avenue and Avon behind the Wells Fargo Bank building.
Additionally, the applicant is proposing a valet parking plan for both of the restaurants,
which will utilize both on and off -site parking. The proposed hours of operation for
restaurant 1 are from 11:00 am to 10:00 pm Sunday through Thursday and 11:00 am to
midnight Friday, Saturday and holidays. The proposed hours of operation for restaurant
2 are from 6:00 am to midnight Sunday through Thursday and 11:00 am to 1:00 am
Friday, Saturday and holidays. These hours are generally consistent with the operating
hours of a full service lunch and dinner restaurant; however, restaurant 2 will be open
for breakfast. The application indicates that no live entertainment or dancing will occur
at the restaurants. The project applicant proposes to create a separate outdoor patio
area for each restaurant by moving the existing exterior wall into the building. The floor
plan proposes the installation of a glass wall /railing and dividers to aid in the control of
noise and to provide protection from the weather.
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February 20, 2003
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Use Permit Nos. 2002 -048 (PA2002 -237) 2002 -049 (PA2oo2 -238)
2901 W. Coast Highway
Current
Development:
Waterfront retail/office complex.
To the north:
Automobile /motor - scooter sales and restaurant across West Coast
Highway.
To the east:
Restaurant and offices.
To the south:
Lido Channel.
To the west:
Yacht sales and offices.
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February 20, 2003
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Background:
In 1984, the Planning Commission reviewed and approved Use Permit No. 3086 and
related Traffic Study, which permitted the existing development of the subject property
to exceed the 0.5 floor area ratio and to allow the building to exceed 26 feet. Said
action also included off -site parking for a portion of the required off - street parking,
including a modification of standards to allow the use of compact and tandem parking
spaces for a portion of the required off - street parking spaces. This permit also
authorized two restaurants and a private club to occupy the building. In 1988, the City
approved an amendment to Permit No. 3086. The amended use permit expanded the
two restaurants and discontinued the private club use. The previous Use Permit No.
3086 (Amended) allowed a total of 9,506 square feet of interior net public area for
restaurant use without providing parking for the 1,678 patio on the third floor.
In July of 1998, the Planning Director determined that a modified operation was in
substantial conformance with the previous amended Use Permit. The owners then
opened a single restaurant (Aysia 101) within the same site and similar parking demand
as the two previous restaurants in September 1998. This restaurant is now closed and
the site has remained vacant for more than 180 consecutive days. The approvals from
the original Use Permit (1984) remain in effect for the building itself, but have become
null and void for the restaurant use, thereby requiring the application for a new Use
Permit for each restaurant.
Analysis:
The proposed restaurants are classified as Eating Drinking Establishments - Full
Service, High Turnover, and require approval of a use permit per the Zoning Code. In
addition, the applicant is requesting two premise -to- premise transfers of Type 47 (On-
Sale General) licenses to permit the on -site consumption of alcoholic beverages in
conjunction with the restaurants. In accordance with Section 20.89.030A of the ABO, a
new use permit is required for any new alcoholic beverage outlet. Additionally, the
proposed restaurants are located within a mixed -use marine, retail and office building
that was not developed with sufficient parking to satisfy the sum total parking
requirements for all collective uses of the site. The restaurants, combined with the other
uses, will require more parking than is currently provided, thereby requiring a parking
modification.
General Plan
The City's General Plan designates the site as Recreational and Marine Commercial.
The Recreational and Marine Commercial category is applied to waterfront commercial
areas where the City wishes to preserve and encourage uses, which facilitate a marine
commercial and visitor serving orientation. Operations, within this broad use, include
visitor - serving commercial (social clubs, hotels, restaurants, etc.). Therefore, the
applicant's request for restaurants is consistent with the RMC General Plan
designation.
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February 20, 2003
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Parking
The parking rate for a full service, high - tumover restaurant is within a range of one
space for every 30 to 50 square feet of public area. Given the mixture of high turnover
in the morning /afternoon meals with the low turnover during the dinner and later
evening, a middle ground of 1/40 sq. ft. is a sound measurement for predicting parking
demand. Operational character related to occupancy points to a ratio of square footage
per parking space and not to hours of operation. The small bar area of 535 square feet
for restaurant 1 (as compared to the entire restaurant) is limited to 26 seats; similarly,
the small bar area of 620 square feet for restaurant 2 (as compared to the entire
restaurant) is limited to 38 seats. The original (family -style) restaurant was approved
with a 1/40 ratio and similarly the proposed restaurants are family -style in operational
character, therefore the parking should be calculated at a 1/40 ratio. In summary, the
parking standard for the restaurants has been utilized since the original development
was approved at 1140 and appeared to have met the demand. The only time the City
was aware of parking problems was when the operation became more like a nightclub.
The parking requirement for the restaurant use in this case is computed at a rate of one
space for each 40 square feet of floor area.
The applicant desires that the outdoor seating area be considered an "accessory
outdoor dining area;' whereby a portion of the patio dining area would not be required
to provide parking. This portion of the outdoor dining area would equal no more than 25
percent of the interior net public area. The approval of an application to add or expand
outdoor accessory dining is established upon certain required conditions found in
20.82.050; Part C. Condition 4 stating that "Roof coverings shall not have the effect of
creating a permanent enclosure." The restaurants are proposed for the second floor
only of the building and the third floor fully covers the patios, thereby a "permanent
enclosure" is created in staff's opinion. Hence, the proposed patio area does not meet
the required condition of an accessory outdoor dining area and therefore parking for the
entire outdoor seating area is required. The parking requirements for the entire site are
summarized in the following table:
Tony Roman's (PA2002 -237) and Bennigan's (PA2002 -238)
February 20, 2003
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3,237 sq. ft.
40 sq. ft.
803
Restaurant 1
m
(Tony Roa's)
=.
Restaurant 2
3,852 sq. ft.
40 sq. ft.
(Bennigan's)
Total Re uired Parking for Both Restaurants
J.
Office
33,932 sq. ft.
250 sq. ft.
135.73
Fitness Center
2,775 sq. ft.
250 sq. ft.
11.1
Retail Wine
1,075 sq. ft.
250 sq. ft.
4.3
Marina
8 slips x .75
6
Total Required
335
Parking Provided
* See discussion below
257
Deficiency
78
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February 20, 2003
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If the outdoor dining areas were eligible for the reduced parking allowance, the parking
requirement for the entire site would be as follows:
Restaurant 1
Tony Roma's 2,741 sq. ft. 40 sq. ft.
Restaurant 2
Bennigan's
(See Note B)
3,119 sq. ft.
40 sq. ft.
Total Required Parking for Both Restaurants:
Office
33,932 sq. ft.
250 sq. ft.
135.73
Fitness Center
2,775 sq. ft.
250 sq. ft.
11.1
Retail Wine
1,075 sq. ft.
250 sq. ft.
4.3
Marina
8 slips x .75
6
Total Required
304
Deficiency 47
Note A: Net Public Area (interior only) = 1,985 sq. ft. (3,237 sq. ft. - 1,252 sq. ft. patio area)
Accessory Outdoor Dining Waiver = 496 sq. ft. (1,985 sq. ft. x .25)
Patio Area Responsible for Parking Demand = 756 sq. ft. (1,252 sq. ft. - 496 sq. ft.)
Total NPA (interior and patio) = 2,741 sq. ft. (1,985 sq, ft. + 756 sq. ft.)
Required Parking Spaces Per Code = 69 spaces (2,741 sq. ft. / 40) **
Note B: Net Public Area (interior only) = 2,932 sq. ft. (3,852 sq. ft. - 920 sq. ft. patio area)
Accessory Outdoor Dining Waiver = 733 sq. ft. (2,932 sq. ft. x .25)
Patio Area Responsible for Parking Demand = 187 sq. ft. (920 sq. ft. - 733 sq. ft.)
Total NPA (interior and patio) = 3,119 sq. ft. (2,932 sq, ft. + 187 sq. ft.)
Reauired Parkina Spaces Per Code = 78 spaces _(3,119 sq. ft. / 40) **
As shown, both tabulations result in a parking deficiency.
Parking Plan with Valet Parking Services: To support the applications, the applicant
has submitted a dimensioned parking plan as part of his submittal package. The City
Traffic Engineer has reviewed the proposed parking lot layouts on both, the on -site and
off -site lots. The proposed parking for the property consists of 257 spaces (157
standard spaces, 7 handicapped spaces, 44 compact car spaces, and 49 valet spaces)
located in the basement and first floor parking lots of the building and the off -site lot
located on Riverside. The proposed parking plans are adequate, with the understanding
that both the "compact" and "tandem" parking spaces will be allowed, due to their
original approval in 1988 (See Exhibit No. 8). The parking plan submitted to the
Commission for this hearing is the most current version of the proposed parking layout.
However, there will be a reduction of one space in the off -site lot, four in the first floor
level, and two in the rear of the lot. The available parking totals presented in this report
reflect those approved by the City Traffic Engineer. Additionally, the applicant is
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February 20, 2003
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responsible for making dimension corrections to a few of the spaces, before final
approval from the City Traffic Engineer is given. It is the recommendation of staff that
the use of valet attendants shall be only for the restaurants, and shall be required for all
hours of operation (See Exhibit No. 6). Furthermore, there will be a permanent valet
provided for the off -site parking lot, consequently preventing the attendant from
crossing the Coast Highway.
Parking Waiver: In reviewing the requested modification of parking, staff considered
the following factors in their decision:
• Background of the project site (as outlined above);
• Reduction in net public area of 2,417 square feet and associated parking
demand from the previous restaurant use (previous permitted use of 9,506 sq. ft
and the current proposal of 7,089 sq. ft.);
• Hours of operation of the restaurants are different from the other uses in the
building;
• Peak parking demands for the various "mixed uses" are non coincidental,
therefore allowing shared parking to occur;
• Walk -in restaurant patrons from adjacent commercial areas
• Letters of support for the valet parking service within the building from both the
owner and other tenants (See Exhibit No. 9).
In order to grant a parking modification, Code Section 20.66.100 requires that one or
more of the following conditions be met:
"A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites."
A municipal parking lot is not located within proximity of the site and, as noted above,
on- street parking is severely limited in that there is limited on- street parking along West
Coast Highway. The municipal lot is located along the Avon Street extension, east of
Tustin Avenue. However, the lot's distance from the project site prevents it from being
conveniently utilized.
2. "The site is subject to two or more uses and the maximum parking requirements
for such uses do not occur simultaneously."
The project site would have a number of retail, restaurant and office uses with various
peak demands and hours of operation. During the morning hours, there will be surplus
of parking; and during the lunchtime hours, there will be a deficiency of parking, and
finally during the evening, parking availability will return to a surplus. The noontime peak
is caused as all users, including both restaurants will be in operation. The morning
surplus is created as only one of the two restaurants is open and the evening surplus is
created as other uses (office /retail) will be typically closed. The retail/commercial uses
will be generally closed in the evening hours during which time the restaurants will have
an evening peak use of 5:00 pm to 9:00 pm. Staff does not consider the midday parking
deficiency problematic, as the lunch trade is typically less than 100 percent occupied.
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February 20, 2003
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Additionally, when multiple users demand a parking facility, typical parking demand falls
short of the full sum of total requirements. The required parking for the entire project
site was tabulated considering these factors (see Exhibit No. 6).
With the implementation of a shared parking concept, the restaurants will be able to
meet the parking demand.
3. "A parking management plan for the site has been approved by the Planning
Commission..."
A parking management plan has been prepared for the site and offsite location (See
Exhibit No. 5).
4. "The Planning Commission makes the following findings: a) The parking
demand will be less than the requirement in Section 20.66.030. b) The probable
long -term occupancy of the building or structure, based on its design, will not
generate additional parking demand.
The restaurant demand will most likely be less than required in Section 20.66.0301 due
to walk -in traffic during the peak noontime hours, which will mitigate the overlap of uses;
however, the long -term occupancy of these two restaurants could potentially generate
additional parking demand based upon their success as restaurants.
In summary, in staff's opinion two of the four conditions can be met by the project as
requested by the applicant. However, it will be the applicant's responsibility to comply
with the draft conditions of approval in ensuring that with the combination of compact
car spaces and full valet parking service will accommodate the anticipated parking
demand during the noontime overlap.
Alcoholic Beverage Outlet Ordinance (ABO)
On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO)
Ordinance (Chapter 20.89 of the Municipal Code). The purpose of the ABO Ordinance
is to preserve a healthy environment for residents and businesses by establishing a set
of consistent standards for the safe operation of alcoholic beverage outlets, while
preventing alcohol - related problems. The ABO requires the Planning Commission to
consider the following:
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in
adjacent reporting districts as compared to the countywide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
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February 20, 2003
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5. The proximity of the alcoholic beverage outlet to residential districts, day
care centers, park and recreation facilities, places of religious assembly,
and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with
the necessary data and analysis to make the required findings, each of the foregoing is
discussed as follows:
Public Convenience or Necessity. The proposed restaurants will provide a full service
dinner, although lunch and breakfast will also be served. The sale of alcoholic
beverages is a typical accessory use to a large full - service restaurants and the public
expects and demands this service. Approval of the sale of alcohol will sere the public's
convenience as opposed to the public necessity.
Crime Rate. Citywide, there were 6,979 crimes reported during calendar year 2002, of
which 3,092 were Part One Crimes (serious offenses). The remaining 3,887 were Part
Two Crimes that include alcohol related arrests. The project site is located within Police
Reporting District No. 25. During 2002, the number of Part One Crimes in RD No. 25
was 118 and the number of Part Two Crimes was 206. Adjacent Reporting Districts are
Nos. 24 and 26. RD No. 24 had 196 Part One and 235 Part Two Crimes; and RD No.
26 had 130 Part One and 174 Part Two Crimes. A map of the reporting districts is
attached to the Police Report (Exhibit No. 3). The number of total crimes reporting
within the RD of the subject project site is slightly higher than RD No. 26, and is
considerably lower than RD No. 24. The Police Department notes that the actual
amount of crimes in the area is not considered significant due to the high concentration
of commercial uses within RD No. 25, and they have no objection to the business at the
proposed location.
Over Concentration. Due to this request, there would be a net increase of two licenses
within RD No. 25. There are 25 active ABC licenses within RD No. 25. The census
tract within which the restaurants are located has a higher ratio of liquor licenses when
compared with the average ratio for Orange County since there is very limited
population within the census tract. However, as noted above, the Mariner's Mile area
within which the business is located, has a high number of eating and drinking
establishments. The area is typified by full - service, sit -down restaurants that are
complementary to the office, retail commercial and entertainment uses that
predominate the Mariner's Mile area. The concentration of alcoholic beverage licenses
within the area is not considered by the Police Department as detrimental to the
community.
Alcohol - Related Crimes. The Police Department has provided statistics for driving
under the influence and plain drunk arrests. There were 57 driving under the influence
arrests and 41 plain drunk arrests in this area (totaling 98 DUI /Drunk arrests) during this
same period as compared to 1,608 for the entire City. This RD amounts to 5.57% of the
DUI /Drunk arrests made in the City. RD No. 24 had 112 DUI /Drunk arrests and RD No.
26 had 82 DUI /Drunk arrests. The rate within RD No. 25, within which the project is
Tony Romas's (PA2002 -237) and Bennigan's (PA2002 -238)
February 20, 2003
Page 9 of 14
located, is higher than the citywide average and the adjacent RD No. 26; but less than
the adjacent RD No. 24. The high number of alcohol- related arrests in RD No. 25 can
partially be explained by the fact that Coast Highway runs through the Reporting
District. Many stops/arrests made are associated with alcohol consumption at bars and
nightclubs located outside of the reporting district. The Police Department does not
believe that the proposed use will generate a significant number of alcohol - related
incidents.
Adjacent Uses. The site is located within Mariner's Mile and is not adjacent to sensitive
land uses. This site is bounded by commercial uses. There are no day care centers,
schools, or park and recreation facilities in the vicinity of the project site. The nearest
residential use is The Towers condominiums located on the south side of West Coast
Highway approximately 275 feet to the west, Lido Isle is located approximately 11,000
feet southeast of the project site. The Police Department recommends that the hours of
operation for the outdoor dining areas be restricted to close at 10:00 pm due to the
proximity of the residences. However, planning staff has fewer concerns due to the
distance to nearby residences and suggests a closing time of 11:00 pm for the outdoor
dining area as stated in condition (No. 4).
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February 20, 2003
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Conclusion: The Police Department has reviewed the Use Permit application and has
determined that no additional conditions related to design and security are necessary.
However, the Police Department is concerned with the following three issues: the
possibility of traffic queuing on PCH, additional traffic generated from the existing
harbor cruise operations, and potential outdoor dining area noise (See Exhibit No. 2).
Outside of these issues, the Police Department has no objections to the basic
restaurants' operations as described by the applicant. Upon Use Permit approval, the
Police Department will condition the ABC license as necessary to maintain the health,
safety and welfare of the community. Tour buses for harbor cruises have blocked West
Coast Highway in the past, but the proposed use permits are for the two restaurants.
Staff can meet with the Harbor Resources Department and the cruise operators to
ensure that passenger drop -off is managed in a different fashion to avoid this issue.
Live Entertainment and Dancing
The application indicates that no live entertainment or dancing will occur at the
restaurants. Staff is not opposed to these activities; however, an acoustical study would
have been required in conjunction with such a request. In the furtherance of the
developing policy to regulate these activities through licensing permits rather than land
use permits, staff recommends that live entertainment and dancing be permitted subject
to obtaining Live Entertainment and Cafe Dance permits, provided that the live
entertainment and or dancing remain clearly subordinate at all times to the restaurant.
By limiting it to a minor aspect of the restaurants, the validity of the parking assumptions
discussed previously would be ensured. The City Manager will require the preparation
of an acoustical study in conjunction with a potential future request for live
entertainment. Staff has drafted Condition No. 6 allowing the live entertainment and
dancing subject to an acoustical study and Live Entertainment and Cafe Dance permits.
Should the Commission be concerned about allowing live entertainment and dancing
pursuant to this strategy, the Commission can prohibit these activities. The following
condition would replace Condition No. 6. "Live entertainment and dancing shall be
prohibited at all times." If these activities were sought, an amendment to the use permit
would be required.
Restaurant Design and Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, as outlined below, to ensure that any proposed development will be
compatible with adjoining properties and streets. The development standards include
specific requirements for site requirements, building setbacks, parking and traffic
circulation, walls surrounding the restaurant site, landscaping, exterior illumination,
underground utilities, and supply and refuse storage. Section 20.82.040 D of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if strict compliance is not necessary to achieve
the purpose or intent of the standard.
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February 20, 2003
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Development Standards
Environmental Review:
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Minor
Alteration of Existing Structures). This categorical exemption allows for the repair,
maintenance and minor alteration of an existing building, such as this one. This
exemption includes interior and exterior alterations.
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February 20, 2003
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W.
Site shall be of sufficient size and configuration to
.;
Partially Complies The site is 49,460 square feet total
Site.
satisfy all requirements for off -street parking,
gross floor area and Is developed With an approximately
setbacks, curb cuts, walls, landscaping and refuse
11,690 gross square feet for restaurant use. The site and
storage as prodded by Section 20.82.040 of the
parking provided could accommodate a restaurant use
Municipal Code.
for evening use in that the restaurant is sharing parking
due to the staggered hours of the various uses within the
buildng complex; however, there may be a shortage of
parking during the noontime hours.
Setbacks:
The City may establish more restrictive setbacks if it is
Complies. The approval of the existing restaurant. In
determined that it is necessary or desirable for the
conjunction with Use Permit No. 3086, was determined
protection of the public health, safety or welfare or to
to be in substantial compliance with this development
insure the compatibility of uses on contiguous
standard.
properties.
ON- Street
Off- street parking in accordance with the provisions of
Modification Sought The site provides 257 parking
Parking:
Chapter 20.66 of the Municipal Code
spaces for all uses. A parking plan was prepared for the
project and the City Traffic Engineer's evaluation of the
study indicates that adequate parking will exist during the
evening peaks, but that adequate parking may not be
available during the noontime peak hours, hence the
need for a parking modification of the required parking
requirements.
Circulation:
Parking areas and driveways to facilitate traffic and
Partially Complies. The parking garage and off -site lot
circulation of vehicles on and around the facility and to
have been reviewed and approved by the City Traffic
provide adequate sight clearances.
Engineer and he notes potential circulation problems
during peak activity times, traffic ingress to the parking
facility at the location could result in cars queuirg along
Coast Highway while walling for valet parking services.
This can create a traffic hazard and negatively impact
traffic movement along the highway. The valet plan,
whereby the valet attendant Is required to waive vehicles
when queuing is problematic, should address this issue.
Walls:
A solid masonry wall 6 feet high shall be erected on all
Complies. The approval of the existing restaurant, in
interior properly lines of the subject property. Walls 3
conjunction with Use Permit No. 3086, was determined
feet in height shall be erected between the on -site
to be In substantial compliance with the above
parking areas and the public right-of-way.
referenced development standards for both the on-site
and off -site lots.
Landscaping:
10 %of entire site, 3-foot wide landscape area shall be
Complies. The approval of the existing restaurant, in
provided to screen the parking area from the public
conjunction with Use Permit No. 3086, was determined
right-of -way. A 3 -foot vide landscape area adjacent
to be in substantial compliance with this development
to the interior property lines shall be provided.
standard.
Lighting.,
Parking lot and site illumination height and intensity; to
Complies. The property is developed and the lighting
minimize the reflection of lights to the streets and
appears adequate as currently exists and does not pose
neighboring properties.
problems With glare onto surrounding properties. No
additional lighting is proposed in conjunction with the
proposed restaurant uses. Improved lighting of the oft-
site parking garage has been implemented.
Utilities
All utilities required to be under grounded.
_L
Complies. The project she is existing and is served by
underground utilities.
Supply Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of s ias is 'tied
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. Trash storage areas vnll be located within
from view by a solid masonry wall 6 feet in height with
the allocated area on the first floor parking level.
soft-locking ates.
Environmental Review:
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Minor
Alteration of Existing Structures). This categorical exemption allows for the repair,
maintenance and minor alteration of an existing building, such as this one. This
exemption includes interior and exterior alterations.
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February 20, 2003
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Public Notice:
Notice of this hearing was published in the Daily Pilot with the agenda, 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.
Alternatives:
The Commission may conclude that the two restaurants in conjunction with the other
uses is detrimental and could create parking and circulation problems. In that case,
a reduced intensity alternative should be considered. Staff would recommend
approval of only one use permit or, to alleviate concerns about the parking
deficiency during lunch; one restaurant could be required to be closed for lunch.
2. The Commission may determine that either requested use permits would potentially
adversely impact the area, in which case, it would be necessary to deny the
applications.
CONCLUSION:
In staffs opinion, the requirements and findings of the ABO can be met and that the two
proposed restaurants would not prove detrimental to the area. Given the potential of
shared parking due to extended hours of operation, walk -in traffic and a valet parking
service, staff is recommending that the restaurants be granted a parking modification of
the required parking requirement. If the Planning Commission concurs with staffs
evaluation, it would be appropriate to adopt the attached draft resolution of approval
included as Exhibit No.1.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
CHANDRA SLAVEN
Assistant Planner
fi
Resolution No. 2002 -_; findings of approval and conditions
2. Police Department report
3. Reporting District map
4. Project plans for Use Permit Nos. 2002 -048 and 2002 -049
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Page 13 of 14
Parking plans for Use Permit Nos. 2002 -048 and 2002 -049
6. Valet Parking Plan Calculation and Valet Plan
7. Use Permit No. 3086 (Amended) Site Plan
8. Use Permit No 3086 (Amended) Parking Plans
9. Applicant's letters of support from other tenant
Tony Roman's (PA2002 -237) and Bennigan's (PA2002 -238)
February 20, 2003
Page 14 of 14
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NOS.
2002 -048 (PA2002 -237) AND 2002 -049 (PA2002 -038) FOR
PROPERTY LOCATED AT 2901 WEST COAST HIGHWAY,
SUITES 170 AND 180.
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Ferdinand Fam, with respect to property located at
2901 West Coast Highway, Suites 170 and 180, and legally described as Parcel 1 of PM 84 -700
(Resubdivision No. 779), requesting approval of Use Permit Nos. 2002 -048 and 2002 -049 to
allow two Full- Service, High Turnover Eating and Drinking Establishments, the sale of alcoholic
beverages (Type 47 license On -Sale General- Restaurant) for on -site consumption pursuant to
the Alcoholic Beverage Outlet Ordinance (ABO) and approval of a modification to the parking
requirements. The site is designated Recreational and Marine Commercial by the General Plan
Land Use Element and Recreational Marine Commercial District - Mariner's Mile Overlay (RMC -
MM) by the Zoning Code.
Section 2. A public hearing was held on February 20, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The City's General Plan designates the site as Recreational and Marine Commercial. The
Recreational and Marine Commercial category is applied to waterfront commercial areas
where the City wishes to preserve and encourage uses, which facilitate a marine
commercial and visitor serving uses. Operations, within these broad categories, include
visitor - serving commercial (social clubs, hotels, restaurants, etc.). Therefore, the
applicant's request for restaurants is consistent with the RMC General Plan designation.
The Zoning Code designates the site as Retail Marine Commercial (RMC -MM) District -
Mariner's Mile Overlay. This designation preserves and encourages uses with a marine
commercial and visitor serving orientation in waterfront areas. Eating and Drinking
Establishments are allowed within this designation with a use permit. The Mariner's Mile
Strategic Vision Design Framework encourages diverse economic development within the
area along with serving visitors to the City. The proposed restaurants are consistent with
the Mariner's Mile Strategic Design Framework and Zoning Designation for this site.
2. The proposed Eating and Drinking Establishment with alcohol service (Type 47 license),
and the proposed conditions under which it would be operated or maintained, is
consistent with the General Plan and the purpose of the district in which the site is
located; will not be detrimental to the public health, safety, peace, morals, comfort, or
welfare of persons residing or working in or adjacent to the neighborhood of such use;
i1
City of Newport Beach
Planning Commission Resolution No.
Paae 2 of 8
and will not be detrimental to the properties or improvements in the vicinity or to the
general welfare of the City for the following reasons:
a. here will be walk -in traffic from surrounding uses to the north and south of the project
site, thereby reducing vehicular traffic and parking demand to the restaurants;
b. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full-service, sit -down restaurant that is complementary to surrounding
uses within Mariner's Mile. Alcohol service is typical and expected by the public in a full -
service restaurant setting;
c. The crime rate in the police reporting district and adjacent reporting districts is not likely
to increase because of the proposed use;
d. The number of alcohol licenses within the report district and adjacent reporting districts
is not significantly high given the nature of the land uses in the district and when
compared with County -wide data. The percentage of alcohol - related arrests in the
police - reporting district in which the project is proposed is higher than the percentage
citywide. Minor on -site consumption is not expected to increase alcoholic related
crime;
e. There are no sensitive uses such as residences, day care centers, schools, or park
and recreation facilities in the vicinity of the project site;
The Use Permit pertains to the sale of alcoholic beverages for on -site consumption to
be operated in a building that is designated and zoned for commercial activity. The use
has been conditioned in such a manner to minimize the impacts associated with the
sale of alcoholic beverages. The plans, as conditioned, meet the design and
development standards for alcoholic sales.
3. The required findings for granting a parking modification for parking standards can be
made for the following reasons:
a. The hours of operation of the proposed restaurant, office and retail uses are such as to
allow shared use of the on -site and off -site parking lots when shared usage occurs
between a mixture of uses, parking demand is typically lower than is required. The site
and the proposed use will operate in a manner to afford a sharing of parking with
other uses (with different hours) located on the site;
b. A parking management plan using valet parking and an off -site parking lot has been
prepared or approved;
c. The existing number of compact car and tandem spaces has been approved by the
City Traffic Engineer by virtue of being approved in a previous parking plan in 1988.
I
City of Newport Beach
Planning Commission Resolution No.
Paqe 3 of 8
d. The use of (compact car spaces and a valet parking service) will not under the
circumstances of this particular case, be detrimental to the health, safety, peace,
comfort, and general welfare of persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City and further that the proposed
modification is consistent with the legislative intent of Title 20 of this Code.
e. The proposed restaurants will be less intense in terms of on -site, on- street, and off -site
parking needs in comparison to past restaurants at the same development site.
I. The hours of operation of the proposed restaurant, office and retail uses are such as to
allow shared use of the on -site and off -site parking lots.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Minor Alteration of Existing Structures).
This categorical exemption allows for the repair, maintenance and minor aftemation of an
existing building, such as this one. This exemption includes interior and exterior alterations.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit Nos. 2002 -048 and 2002 -049, subject to the Conditions set forth in Exhibit
"A
Section 5. 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 or this action is
called for review by the City Council in accordance with the provisions of Title 20, Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF FEBRUARY 2003.
AYES:
NOES:
BY:
Steven Kiser, Chairman
BY:
Shant Agajanian, Secretary
II
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NOS. 2002 -048 AND 2002 -049
1. The development shall be in substantial conformance with the approved floor plans dated
October 31, 2002 and parking plans dated February 6, 2003.
2. Use Permit Nos. 2002 -048 and 2002 -049 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.
3. 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. Adequate access and exiting must be provided in
accordance with the Building Code. Specifically, approval from the Orange County
Health Department is required prior to permit issuance. A grease interceptor of adequate
size may be required in association with food preparation activities pursuant to the
Building Code. The number of plumbing fixtures in the two public restrooms shall comply
with the Uniform Building Code (Appendix 29A).
4. Hours of operation for "restaurant 1" (Tony Roma's) shall be 11:00 am to 10:00 pm
Sunday through Thursday and 11:00 am to midnight Friday, Saturday and holidays.
Hours of operation for "restaurant 2" (Bennigan's) shall be from 6:00 am to midnight
Sunday through Thursday and 11:00 am to 1:00 am Friday, Saturday and holidays.
The hours of operation for the outdoor dining area shall have a closing time of 11:00
pm for both restaurants.
5. 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. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owner's, manager's and employee's successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
6. Live entertainment and dancing by patrons may be allowed subject to obtaining a Live
Entertainment and/or Cafe Dance permit. Any recorded background music or music
from possible live entertainment activities shall be limited to indoor areas only. The
City Manager shall require the preparation of an acoustical study and shall require
implementation of any necessary sound attenuation or control measures. Live
entertainment and/or dancing shall remain subordinate to the primary use, which is an
Eating and Drinking Establishment or restaurant.
�b
City of Newport Beach
Planning Commission Resolution No.
Pape 5 of 8
7. The Use Permit is for an Eating and Drinking Establishment or restaurant and does not
authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or
commercial recreational entertainment venue.
8. Full meal service shall be provided during all hours of operation.
9. Any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
10. Should this business or either alcohol license be sold or otherwise come under different
ownership or control, any future owners, operators or assignees shall be notified of the
conditions of this approval by either the current owner /operator. Future owners, operators
or assignees shall submit, within 30 days of transfer or sale of the business or alcohol
license, a letter to the Planning Department acknowledging their receipt and acceptance
of the limitations, restrictions and conditions of approval of this Use Permit.
11. The Planning Commission may add to or modify conditions of approval to this Use Permit
or recommend to the City Council the revocation of this Use Permit upon a determination
that the operation, which is the subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the community.
12. 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. The refuse storage
facilities should be maintained within the interior parking structure (first floor level) and
shall be screened from public view at all times and shall not be located in any required
parking spaces.
13. The alcoholic beverage outlet operator shall take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance in parking areas, sidewalks
and areas surrounding the alcoholic beverage outlet and adjacent properties during
business hours, if directly related to the patrons of the subject alcoholic beverage outlet.
If the operator fails to discourage or correct nuisances, the Planning Commission may
review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning
Code.
14. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 for full alcohol service for on -site consumption
only, and only in conjunction with the service of food as the principal use of the facility.
The consumption of alcoholic beverages shall be limited to the interior of the
restaurants and the outdoor dining areas only. The sale for off -site consumption of
alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall
be subject to the approval of an amendment to this application and may require the
approval of the Planning Commission.
0111
City of Newport Beach
Planning Commission Resolution No.
Paae 6 of 8
15. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this Permit.
16. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
17. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this restaurant business 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.
18. Any event or activity staged by an outside promoter or entity, where the restaurant
owner or his employees or representatives share in any profits, or pay any percentage
or commission to a promoter or any other person based upon money collected as a
door charge, cover charge or any other form of admission charge, including minimum
drink orders or sale of drinks is prohibited.
19. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 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:
KII
No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
21. 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 that are clearly visible to the
exterior shall constitute a violation of this condition.
al
Between the hours of
Between the hours of
7:OOAM and
10:00PM and
10:OOPM
TOOAM
Location
Interior
I Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
21. 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 that are clearly visible to the
exterior shall constitute a violation of this condition.
al
City of Newport Beach
Planning Commission Resolution No.
Paoe 7 of 8
22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall maintain records that reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the licensed business.
Said records shall be kept no less frequently than on a quarterly basis and shall be made
available to the Department on demand.
24. Prior to issuance of a Building Permit, plans for the outdoor patio dining area for each
restaurant shall be reviewed and approved by the Planning staff. A maximum number
of 25 tables shall be permitted for the "restaurant 1" outdoor dining area. A maximum
number of 18 tables shall be permitted for the "restaurant 2" outdoor dining area. The
outdoor dining areas shall be required to drain into the adjacent landscaping and shall
not drain into the storm drain system. The perimeter of the patio outdoor dining areas
shall be secured by a railing; final material, height, and location of the fence shall be
subject to approval by the Building/Planning staff. The material and color of any
awning or umbrella situated within the outdoor patio dining areas shall be subject to
review and approval by Planning staff. No form of advertisement shall be placed on an
awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio
dining areas, including any awning or umbrella, shall be maintained in a neat and
clean condition at all times.
25. Prior to issuance of a Building Permit, the proposed use shall comply with all federal,
state, and local laws regulating accessibility requirements for handicapped persons,
including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer
and Building Department. These stalls shall be properly labeled and dimensioned on
the site plan. The number of handicapped parking spaces shall equal those required
under California State handicapped provisions or other applicable laws or regulations.
26. Prior to issuance of a Building Permit, the applicant shall prepare a final parking
management plan subject to review and approval by the City Traffic Engineer. The
plan shall reflect the City Traffic Engineer's comments concerning correct dimensions
and the loss of particular parking spaces due to City Code. The parking management
plan shall include parking roles for all tenants. The parking management plan shall
also include a statement that no recreational vehicles, boats, or similar vehicles shall
be stored any time at the subject site. The applicant shall comply with all of the City's
property maintenance laws and ordinances. The parking management plan shall be
implemented at all times.
27. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant has rights to park. If, in the opinion of the Planning Director, the proposed
use creates parking congestion at the site, or valet parking is ineffective, the applicant
shall immediately resolve the congestion problem by reducing attendance until the
parking congestion is eliminated and parking is properly managed on the site.
28. A minimum of one parking space /40 sq. ft. of "net public area" shall be provided for the
restaurants. The total parking requirement for the site, including off -site parking, shall
be 257 spaces.
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 8
29. The Valet Plan shall be approved by the City Traffic Engineer prior to occupancy and
the valet parking service shall be provided at all times during the restaurants' hours of
operation. Valet attendants must remain on the premises until all patron vehicles have
exited the parking lot.
30. The valet parking service shall be conducted in a manner which shall not block traffic
on West Coast Highway and further, should access to the site be temporarily blocked
due to vehicles entering the valet staging area, valets shall be required to motion
vehicles past the driveway entrance so as not to block traffic within Coast Highway.
The valet spaces allowed in the circular driveway are "temporary' and shall serve only
for a valet staging.
31. A permanent valet attendant shall be stationed on the off -site lot during all times of
operation for monitoring of both the compact car and valet spaces. Under no
circumstance, shall an attendant be crossing Coast Highway to provide valet services
between the two sites.
32. All spaces, both on -site and off -site, must be accurately striped on the pavement
denoting whether the space is for handicap, valet, or compact car parking. Each valet
space shall be labeled appropriately.
33. All restaurant employees shall park their cars in the designated spaces in the off -site
lot.
34. All proposed signs shall be in conformance with the provision of Chapter 20.42 and
Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the
City Traffic Engineer if located adjacent to the vehicular ingress and egress.
�q
City of Newport Beach
Police Department
Memorandum
February 4, 2003
TO: Chandra Slaven, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Tony Roma's and Bennigan's (2901 W. Coast Hwy, Newport Beach)
At your request, our office has examined the commission review plan for a combined application for
two restaurant operations within the same building. "Restaurant 1" (Tony Roma's) and "restaurant 2"
(Bennigan's) are located at 2901 W. Coast Hwy., Suites 270 and 280, Newport Beach.
The proposed "restaurant 1" (Tony Roma's Ribs and Burgers) will have a total restaurant area of
approximately 6,000 square feet including a patio area of approximately. 1,267 square feet.
"Restaurant 2" (Bennigan's Steak and Seafood) will have a total restaurant area of approximately
5,590 square feet including a patio area of approximately 932 square feet. Both restaurants will be
housed on the second floor only of the three -floor building (formerly the John Dominis location).
According to Mr. Ferdinand Fam, managing partner, they would like increase the outdoor patio area by
moving the exterior wall into the building. They are proposing the installation of a low glass
wall/railing and clear plastic pull down dividers to control noise and provide protection from the
weather. The patio will have a barrier to separate the two restaurant operations. Additionally, the
applicant is proposing a valet parking plan for both of the restaurants. They would like to have pre-
recorded background music inside and outside the restaurants. There are also plans to eventually
provide catering services for the nearby businesses.
According to Mr. Robert Lounsbury, Project Manager, once the Planning Commission has approved
the Use Permit, the applicant will apply for two premise -to- premise transfers of Type 47 (On -Sale
General- Eating) Place licenses with the Department of Alcoholic Beverage Control.
For police services information refer to the attached report by Crime Analyst Paul Salenko.
Applicant History:
The operator of the proposed Tony Roma's is a local Newport Beach resident and currently operates
23 other Bennigan's, Tony Roma's and Carrows in California, Arizona, New Mexico and Texas.
Siens and Displays:
Mr. Ferdinand Fam was advised that any signs and displays would need to conform. to city
requirements.
Hours of Operation:
According to Mr. Fam, `restaurant 1" (Tony Roma's) the intended hours of operation are from 11:00
AM to 10:00 PM Sunday through Thursday and 11:00 AM to midnight Friday, Saturday and holidays.
"Restaurant 2" (Bennigan's) the intended hours of operation are from 11:00 AM to midnight Sunday
aI
Through Thursday and 11:00 AM to 1:00 AM Friday, Saturday and holidays. The Police Department
recommends a 10:00 PM closing time for the patio in order to minimize potential noise - related impacts
for the adjacent residential area (see our comments under Preventive Design below).
Security:
Mr. Fam stated there would be an alarm system.
Employee Trainin¢:
Require all owners, managers and employees serving and/or selling alcoholic beverages to undergo
and successfully complete a certified training program in responsible methods and skills for serving
and selling alcohol beverages.
Additional Comments:
Traffic Queuing on PCH- It has been our experience at this location that during peak activity times,
traffic ingress to the parking facility at the location can result in cars queuing along PCH while waiting
for valet parking services. This can create a traffic hazard and negatively impact traffic movement
along the highway. Any valet parking plan should address this issue.
Harbor Cruise Operations- It is our understanding that several harbor cruise operators birth in front of
arcing they will continue to operate from
this location. The capacity of these
harbor cruise vessels is significant and
can have an impact on parking,
pedestrian ingress and regress, and
noise generate from the area.
Additionally, since these cruises are
chartered, their operating hours may
not be predictable for planning and
assessment purposes as it relates to this
project. Such impacts need to be
factored into the traffic and parking
analysis and plans.
Patio Noise- As we has been our experience with other waterfront restaurant business operations, noise
generated from the outside patios by patrons, recorded music, paging systems, etc. can travel across the
by and disturb area residents. Such events can result in calls for police services to address the
disturbance. We recommend appropriate mitigation measures to control patio noise. If the patio noise
can be contained to prevent such disturbances, the 10:00 PM patio closing time would not be
considered an important factor. c�
a
Outside of these issues, the Police Department has no objections to the basic restaurant operations as
described by the applicant. Upon Use Permit approval, we will condition the ABC license as
necessary to maintain the health, safety and welfare of the community.
In addition the Police Department believes the following conditions would be appropriate for the
Conditional Use Permit for the business:
1. Approval does not permit the premises to operate as a bar tavern, cocktail lounge or nightclub as
defined by the Municipal Code, unless the Planning Commission first approves a Use Permit.
2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under
the control of the license.
3. The delivery of alcoholic beverages for consumptions off premises is prohibited. This
recommendation is not intended to prohibit any authorized off -site catering services.
4. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when
served in conjunction with food ordered from the full service menu.
5. 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 that are clearly visible to the exterior shall constitute a
violation of this condition.
6. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any
other person, based upon moneys collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders or the sale of drinks.
7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the
same period. The licensee shall at all time maintain records that reflect separately the gross sale of
food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept
no less frequently than on a quarterly basis and shall be made available to the Department on
demand.
8. There shall be no on -site radio, television, video, film or other electronic media broadcasts,
including recordings for the broadcast at a later time, which include the service of alcoholic
beverages, without first obtaining an approved Special Event Permit as issued by the City of
Newport Beach.
9. At all times when the premises is open for business, the premises shall be maintained as a bona fide
restaurant and shall provide a menu containing an assortment of foods normally offered in such
restaurants.
10. There shall be no dancing allowed on the premises.
11. For the purposes of this application, staff may also want to consider establishing a conditions that
would require a Special Event Permit. A Special Event Permit may be required for any event or
promotional activity outside the normal operational characteristics of the proposed operation. For
example, events likely to attract large crowds, or events for which an admission fee is charged,
those that include any form of on -site media broadcast (live or taped for future broadcast), any
a
event produced by third -party or contract promoters, or any other activities as specified in the
Newport Beach Municipal Code to require such permits. It may also be appropriate to establish
conditions that would address possible fixture uses in the event this business evolves towards a
traditional bar -type establishment.
12. There shall be no live entertainment of any type on the premises at any time.
13. The licensee shall not permit "Taxi Dancing" to occur on the licensed premises wherein partners
are provided for dancing or social purposes. Social purposes include but are not limited to the
soliciting or accepting of any alcoholic beverages from any customers while in the premises.
14. Because of public access that may impact loitering, the applicant(s) shall post and maintain a
professional quality sign facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
�ib
EXHIBIT 3
REPORTING DISTRICT MAP
3'
EXHIBIT 4
PROJECT PLANS FOR USE PERMIT NOS. 2002 -048 AND 2002 -049
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EXHIBIT 5
PARKING PLANS FOR USE PERMIT NOS. 2002 -048 AND 2002 -049
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EXHIBIT 6
VALET PARKING PLAN CALCULATION AND VALET PLAN
��3
Waterfront Newport Beach
2901 West Coast Highway, Newport Beach, Calffomia 92663
Valet Parking Plan Calculation
Building Parkins Reauirernerds:
Building Office space (37,762 at 1250sf per space) 151 spaces
Two restaurants in about 11,690 at. requiring 178 spaces
(see architect's pans for public area calculaCOrm)
Marina Slip Requirements 6 spaces
Total requirement for above spaces is spaces
Buildina Parking Provided: (Sea P -1 and exhibits Al. A2. A3, A41
Standard Handicap Compact Valet Tote)
Spaces Spaces Spaces Spaces Spaces
At building: tat Floor 28 7 11 6 52
Basement 64 - 20 33 137
Total Provided at building 112 7 31 39 189
At Riverside Surface parking 45 -
13 10 88
Total Provided: 157:1- ::24
-0:P.. 49 ::e21{T
Number
Parkinn Plan:
of Valet
:: Re aired:
Offices only
151
Attendants
(morning)
Restaurant (Bennigan's only)
96
Marina
6
Total Required
Provided
Valet at building antl!Rlvenitlelot .'
-- 4 excese.spaces
? 2to
Reautred:
ORkes
151
(day)
Restaurants
178
Marine
6
Total required
a�
Provided
Total available
Valertat building antl.RNarsitle lot
5Wil
arking Modfncatlon Nestled Here
Required:
Offices, eat mm 32% of 151
48
(evening)
Restaurants
178
Marina
6
Total required
Provided:
Total provided
Valat at buildin and Rivetsitlelat7
26 excess spaces
Note: On Friday, valet till tAM Sat
Sii- Su:!6A511Ai Required:
Offices est. max 32% of 151
48
Marina
6
Total Required
Provided:
No Valet.Neceasa -
:.: 1611 excess sp tces
Be: 11A-1A -
Required:
Offices est. max 32% of 151
48
Restaurants
178
Marina
6
Total required
Provided:
Total provided
Valet at buildinct and Rlverafdelot _:..
25 excess spaces
r7 4t6-6
PROPOSAL
For The Management And Operation Of The Parking Facility
At:
Waterfront Newport Beach
Newport Beach, California
Presented To:
Mr. Ferdinand Fam
Valet Parking Service
10555 Jefferson Boulevard
Culver City, California 90232
(310) 836 -3388
a!D
1
November 7, 2002
i Mr. Ferdinand Fam
Waterfront Newport Beach, LLC
2895 Royston Place
Beverly Hills, CA 90210
IRe: Proposal to Manage and Operate the Waterfront Newport Beach Parking Facility
Dear Mr. Fam:
As per our recent discussion, Valet Parking Service is pleased to submit herein our proposal for
the management and operation of the Waterfront Newport Beach parking facility.
Our company is celebrating its fifty -sixth year in the parking management business. Founded in
the city of Beverly Hills in 1946, we are pleased to state that we have grown to over one hundred
seventy locations and seventeen hundred plus employees and still have our very first account. We
are very proud of the many long standing accounts included in our portfolio because, in this very
competitive environment, it is a clear indication of our continued ability to perform.
We believe that Valet Parking Service is uniquely qualified to enhance the management
productivity and profitability of the Waterfront Newport Beach parking facility. Our ktrowledge.
experience and expertise in customer service is augmented by the high level of revenue control
continuously emphasized by our company. Currently, we employ sir (6) full-time field auditors
whose sole responsibilities are to continuously audit our commercial facilities. As you know, once
you stop auditing, revenue control problems tend to develop. Additionally, we contract with an
outside service audit company, W.F. Orilio & Associates, to continuously spend time at our
facilities and report back to us and yourselves, their findings.
We very much look forward to showing you, your tenants and visitors the difference when Valet
Parking Service manages your parking program. Our style and presentation, coupled with our 56
years of experience, will make the Waterfront Newport Beach one of the best parking experiences
in southern California. As you can see from the reference section of this proposal, we currently
operate some of the finest office buildings in southern California. In addition to these, we provide
the valet parking for the Academy Awards, the Emmy Awards, the Golden Globe Awards and all
of the events at the Pasadena Civic Auditorium.
10555 Jefferson Boulevard • Culver City, Californa 90232 • (310) 856 -3388 • (800) 794 -P.AaK • FAX (310) 815 -1460 #
We currently manage the following office building parking facilities, to name but a few:
• 9465 Wilshire Boulevard (Bank of America Building)
• 265 N. Beverly Drive
• Beverly Mercedes Place (Playboy Headquarters)
• 9350 Wilshire Boulevard
• 9300 Wilshire Boulevard
• 9320 Wilshire Boulevard
• Two Rodeo
• 221 N. Canon Drive
• 249 N. Canon Drive
• 3250 Wilshire Boulevard
• Beverly Mercedes Place
• 1800 N. Vine
• 6330 San Vicente Boulevard
• 6310 San Vicente Boulevard
The three significant factors in operating a well run parking facility are: service to the customer,
management of systems and personnel and accountability to property management/ownership. A
common fallacy is that in order to provide first class service you must, at times, sacrifice
accountability. Not true.
Valet Parking Service places considerable emphasis on revenue control accountability and has one
of the finest audit departments in the industry. All parking facilities must be routinely. audited to
ensure that the proper amount of revenue is collected and deposited. If Valet Parking Services
manages the Waterfront Newport Beach parking facility, we will design a comprehensive audit
program specific to your needs.
Thank you for the opportunity to present our proposal to you. Please feel free to contact meat
any time should you have any questions or comments.
Sincerely,
Steve Picard
Regional Manager
I
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Table of Contents
5�
A.
HISTORY AND PHILOSOPHY ...............................
i
Organization .......... ...............................
1
Personnel ............ ...............................
2
Staffing, Supervision and Supplies ............................
2
B.
REFERENCES /CLIENT LISTING ...............................
3
C.
ORGANIZATION AND SUPPORT CAPABILITIES ...................
9
D.
EXPERIENCE ........... ...............................
11.
Experience with On -line Revenue Control Systems ................
12
Consulting Capability .... ...............................
13
E.
QUALITY CONTROL AND TRAINING ........................
14
First Class Operation .... ...............................
14
Customer Service ...... ...............................
14
F.
INSURANCE AND CLAIMS . ...............................
Coverage ............ ...............................
16
16
Claims............. ...............................
17
G.
REPORTS AND AUDIT PROCEDURES ........................
18
Daily Lot Income Controls ...............................
18
Bank Deposits of Daily Location Income .......................
18
Monthly Parking and Validation Book Sales .....................
18
Audit Procedures ....... ...............................
18
Landowner Statements ... ...............................
22
Revenue Control ....... ..........:....................
22
Financial Reports ...... ...............................
23
H.
SAMPLE MANAGEMENT AGREEMENT .......................
24
I.
STAFFING PLAN ........ ...............................
31
J.
PLAN OF OPERATION ..... ...............................
32
K.
MANAGEMENT PROPOSAL ...............................
33
5�
A. HISTORY AND PHILOSOPHY
' Founded on May 1, 1946, our very first account was the world renowned Lawry's, The
Prime Rib on La Cienega Boulevard (Restaurant Row) in Los Angeles. We are very proud
to state that fifty -six years later we still manage this account, parking hundreds of cars per
day in their new subterranean garage. There is only one reason for that unbroken record:
consistent high quality service. Throughout the years our name has become synonymous
with first class service throughout the greater Los Angeles area and beyond (Seattle, Las
Vegas and Northern California).
Today, Valet Parking Service is one of the oldest full service parking companies in the
nation with over 170 locations and over seventeen hundred employees. We operate every
style of parking, i.e. valet, attendant - assist, self - park in all types of facilities, i.e., surface
lots, subterranean parking garages, above grade parking structures. Contained within our
portfolio are many well known restaurants and hotels, as well as, commercial office
buildings, medical centers & hospitals, airports, country clubs, shopping centers and
condominiums.
IAll of our experience and resources enure to your benefit when contracting with our
1 51
If there is one overriding philosophy in our company it is that "We Are People Serving
People. " Our corporate and operating staff know that to maintain a client you must serve
that client's needs. You must handle his business, customers and money as if they were
your own. All of our training, personnel and systems are directed toward that goal.
Organization
The company's executive, management and supervisory staff have many years experience
in the parking business. The Chairman, President and Vice President of Operations have
over one hundred combined years in the parking business. Many of our District Managers
and Location Managers have between twenty and twenty five years experience, the
majority of the time having been spent with Valet Parking Service.
As a full service parking company, we are comprised of the following departments:
Management and Operations
Accounting and Auditing
Human Resources and Personnel
Quality Control and Training
Customer Service and Claims
Sales and Marketing
Special Events
Consulting Services
IAll of our experience and resources enure to your benefit when contracting with our
1 51
company. You will receive the ongoing and continuous benefit of having contracted with
a company that has tremendous knowledge and resources and is up -to -date on all issues
that affect the parking industry.
Personnel
As stated earlier our motto is "We Are People Serving People;" we believe it and we
practice it every day. Our company has devoted considerable time, effort and money
developing a training, customer service, audit and safety program that is unrivaled in the
parking business.
All personnel meet the legal requirements mandated by the state of California and must
pass our training program prior to being hired. The training program includes three hours
of classroom time and two hours in the company's parking lot. Personnel are taught and
evaluated on their driving skills, safety habits and communications ability. The classes are
held every Friday at our corporate office and you are most welcome to visit and see first
hand the intensity and quality of our training program. Additionally, a tri -county criminal
background check is performed on all new employees.
Staffine. Suvervision and Sullies
j As part of your contract with Valet Parking Service a complete schedule with job
■ descriptions is provided. You are guaranteed the number of personnel necessary to ensure
first class and efficient service. Because of the size of our company and the large roster
of personnel we maintain, additional personnel are always available to cover any special
needs, i.e. special events, emergencies, absenteeism, etc. All personnel are fully
uniformed at all times and are trained to courteously greet the patrons upon arrival and
departure.
Additionally, a District Manager is assigned to the location and part of his duties are to
visit the location often and to see you or your designee regularly.
The District Manager and /or the Evening and Weekend Supervisor are available at all
times to respond to any needs the location or you may have. All field supervisory
personnel have vehicle phones, pagers, and there is a 24 -hour phone service to handle any
emergency.
Valet Parking Service is an equal opportunity employer, and abides by all the rules and
regulations imposed by Federal and State agencies. Our "Employee Handbook ", clearly
defines all the rules and regulations imposed by law and references all the current
legislation, such as Immigration Reform, SB 198, and the Americans with Disability Act.
I
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& REFERENCES
Experience is a very important factor to consider when searching for a parking company
to manage and operate your parking facility. Parking service is generally divided into three
major specialties: self - parking, attendant - assisted parking and, of course, valet. Although
we are renowned for our superior valet service, we are proud to assert that Valet Parking
Service has offered, over the past 56 years, all three major services.
A successful parking facility is reliant on a combination of extensive experience and proper
employee training reinforced with adequate and coordinated supervision. Below we have
listed some selected accounts, by category and vehicle capacity. Please feel free to contact
any of the representatives of these companies for references.
Building.
Number
', Client, J
Contact
Client
Telephone
Name
of
-Name
-
Address.
Number
(if any)
Parking
.
Stalts
One
850
Realtech Leasing
Judy Chung
3250 Wilshire Blvd.
(213)
Park
and
Property Manager
Los Angeles
487 -4444
Plaza
Management
California
Maple
1100
Realtech Leasing
Jeff Butikoffer
345 N. Maple Dr.
(310)
Plaza
and
Controller
Beverly Hills
271 -7362
Management
California
Grand
100
Personalized
Peggy Kahn
451 N. Canon Dr.
(310)
Passage
Property
Senior Associate
Beverly Hills
273 -78.8
Management
California
Century
700
Realtech Leasing
Jeff Butikot %r
2080 Century Park East
(310)
City
and
Controller
Los Angeles
553 -5116
Medical
Management
California
Forum
150
Forum Shops at
Richard Sperber
3500 S. Las Vegas Bl.
(702)
Shops at
Caesars Palace
Director of Operations
Las Vegas
893 -4800
Caesars
Hotel and Casino
Nevada
Two
700
Madison
Wendy Bemkoski
9480 Dayton Way
(310)
Rodeo
Marquette
Property Manager
Beverly Hills
247.7040
California
Weybur
28
Madison
Sandra Sigman
1100 Glendon Avenue
(310)
n
Marquette
Property Manager
Los Angeles
443 -7500
Lot
I . California
3
1 53
ii
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Building
Number
Client
Contact
Client
Telephone
Name
of
Name.
Address
Number
(if any)
Parking
Stalls
21-1/249
125
I Crescent
Ron Davidovits
9350 Wilshire Blvd.
(310)
North
Wilshire Assoc.
Property Manager
Beverly Hills
273 -1308
Canon
California
Macy's
900
Madison
Sandra Sigman
1100 Glendon Avenue
(310)
Lot
Marquette
Property Manager
Los Angeles
443 -7500
California
Santa
450
Timber Rock
Jay Yeyna
1437 Seventh Street
(310)
Monica
Property Manager
Santa ,Monica
829 -1830
Medical
California
Sony
1500
Sony
Lynn Peters
10000 Washington Bl..
(310)
Pictures
Entertainment
Security
Culver City
2446574
Plaza
Administrator
California
Culver
1100
Sony
Lynn Peters
10000 Washington Bl.
(310)
Studios
Entertainment
Security
Culver City
244 -6574
Office
Administrator
California
Bank
1000
Beverly Wilshire
Georges Marciano
9465 Wilshire Bl.
(310)
of
Properties
Owner
Beverly Hills
274 -4446
America
California
Charter
400
Beverly Wilshire
Georges Marciano
9465 Wilshire Bl.
(310)
Bank
Properties
Owner
Beverlv Hills
274 :.4:6
�aliforttia
300
Ventura
Linda Wallace
157:0 Ventura Blvd.
(818)
NIA
I
Investments
Property Manager
Encino
789.3785
Corn anv
California
421.429
500 I
Hillcrest
David Maffit
9777 Wilshire Blvd.
(310)
N. Beverly
International
Property Manager
Beveriv Hills
888 -1882
Ente rises
California
Mlramax
75
Investment
Patrick Spillane
2040 Ave. Of the Stars
(310)
Bldg.
Development
Vice President
Los Angeles
556- 1096
Services
California
Wells
275
Crescent
Ron Davidovits
9350 Wilshire Blvd.
(310)
Fargo
Wilshire Assoc.
Property Manager
Beverly Hills
273 -1308
Bank
California
Beverly
400
P9I Realty Group
Dionne Mulcahy
9242 Beverlv Blvd.
(949)
Mercedes
Property Manager
Beverly Hills
794 -1714
Place
California
E
I
Building
.Number
Client
Contact
Client
Telephone
Name
of
Name
Address
Number
(if any)
.Parking
.
Stalls
City
335
City
Marie Castellanos
400 North Roxbury
(310)
National
National
Beverly Hills
888 -6450
Bank
Bank
California
New
200
Santee
Young Kim
8383 Wilshire Blvd.
(213)
Alley
Place
Property Manager
Beverly Hills
743 -1335
Plaza
California
North
275
North
Ran Davidovits
9350 Wilshire Blvd.
(310)
Vine
Vine Assoc.
Property Manager
Beverly Hills
273 -1308
Tower
California
Burbank
500
Burbank
Randy Berg
2627 Hollywood way
(818)
Airport
Airport
Deputy Director
Burbank
840 -8847
Authority
California
ABC
400
Tooley
Patti Maude
2040 Ave of the Stars
(310)
Enter-
and
Property Manager
Cenurry City
556 -3096
tainment
Companv
California
Gateway
800
Topa
Brad Geinger
1800 Ave. of the Stars
(310)
East
Management
Vice President
Ccnmry City
203 -9199
California
Museum
too
Museum
Rebecca Faez
465 N. Beverly Dr.
(310)
of T.V.
of T.V.
Property Manager
Beverly Hills
786 -1099
& Radio
& Radio
California
Wash.
400
Washington
Dennis Smith
310 Norrh Fairfax
(2i3)
Mutual
Mutual
General Manager
Los Angeles
852 -3317
California
La
330
B.H. Golden
Hortnoz Faryab
9460 Wilshire Blvd.
(3t0)
Colonade
Triangle
Manager
Beverly Hills
788 -5858
Bide.
California
Beverly
225
Beverly
Bonnie Fuller
8737 Beverly Blvd.
(213)
Medical
Medical Center
General Manager
Los Angeles
930 -2445
Center
Associates
California
Calif.
100
Overland
Frank Rahban
10680 West Pico
(310)
Federal
investment
General Manager
Los Angeles
559 -0850
S &L
Company
California
3110
300
Coreland
Tracey Thomas
960 E. Green Street
(626)
Main
Carlson
Property Manager
Pasadena
793.6362
Street
California
Polo
400
Topa
Brad Geinger
ISOO Ave. of the Stars
(310)
Building
Management
Vice President
Los Angeles,
203 -9199
California
0
✓ ✓
F
I
H
I
I
r
I
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F
I
C
e
Hotel Laguna
Santa Barbara Inn
Hotel Santa Barbara
Park Hyatt Century City
Radisson Beverly Pavilion
Hotel Sofitel
Holiday Inn City Center
Holiday Inn Santa Monica
Shutters on the Beach
Courtyard by Marriott
Double Tree Guest Suites
Hyatt Regency Long Beach
Beverly Plaza Hotel
Fess Parker's Double Tree Resort
Radisson Beverly Pavilion Hotel
Embassy Suites at Mandalay Beach
The Argyle
Holiday Inn Downtown
Holiday Inn/Hollywood
CLIENT LISTIN G
HOTELS
Holiday Inn Brentwood Bel -Air
Peninsula Beverly Hills
Holiday Inn Express
W Los Angeles - Westwood
Ramada Hotel
Regent Beverly Wilshire Hotel
Renaissance Beverly Hills
Radisson Valley Center
Hotel Casa Del Mar
Hollywood Roosevelt
Mondrian
Avalon Hotel
Hilton Glendale
Holiday Inn Select
Doubletree Hotel - Burlingame
The Beach House
The Grafton
Crowne Plaza San Jose
REGIONAL NULLS & RETAIL CENTERS
Westside Pavilion
Topanga Plaza
Madison Marquette
ABC Entertainment Center
Brentwood Plaza
Borders
Pepi Inc.
Plaza Towers
Sierra Towers
Doheny Plaza
CONDONE iIUMS
7
Forum Shops at Caesars Palace
Bamevs New York
Grand Passage
Brentwood Gardens
Ygnacio Plaza
Two Rodeo
The Churchill
Country Club Manor
Hollywood Versailles Tower
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OFFICE BUILDINGS
Culver Studios
Polo Building
Ya Ya Company
9465 Wilshire Boulevard
1300 N. Vine
265 N. Beverly Drive
City National Bank
Sony Pictures Plaza
La Colonnade Building
9350 Wilshire Boulevard
Maple Plaza
Museum of Television and Radio
Consolidated Film, Ind.
Gateway East
Beverly Mercedes Place
Great Western Bank
One Park Plaza
Santa Monica Medical Building
6300 Wilshire Boulevard
Century City Medical Plaza
Miramax
Miramax Building
California Plaza
Huntmont Medical Building
15720 Ventura Boulevard
1990 California Building
Plaza Towers
Piazza Del Sol
Park Plaza
Peri Executive Center
3110 S. Main Street
Beverly Medical Center
California Federal
6330 San Vicente Boulevard
144 S. Beverly Boulevard
6310 San Vicente Boulevard
Fox Plaza
9300 Wilshire Boulevard
9320 Wilshire Boulevard
Watergate Office Towers
10345 Olympic Boulevard
11965 Venice Boulevard
9000 Sunset Boulevard
Watergate Tower IV
6344 Wilshire Boulevard
421 -429 N. Beverly Drive
Woodland Park Development
Burbank Airport Sea -Tac Airport
PRIVATE CLUBS
Wilshire Country Club Hillcrest Country Club
The Sports Club/Irvine Friars Club
Mid Valley Athletic Club Bel Air Bay Club
Beverly Hills Country Club
E
I
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Lawry's the Prime Rib
Beckham Grill & Crown Bar
_..:.:.
Weyburn Lot
1500 Newell
221 N. Canon Drive
2044 Broadway
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Academy Awards
Golden Globes
Women In Film
I
SURFACE LOTS
RESTAURANTS
SPECIAL EVENTS
0
Santee Collection
Sunset Millennium Project
249 N. Canon Drive
Trader Vic's
Sushi Roku
Tam O'Shanter Inn
E1 Cholo Santa Monica
Five Crowns Restaurant
Granita Restaurant
Junior's Restaurant
5'
Jerry's Deli - West Hollywood
Manx & Basix
Chevy's Restaurant
Spiedini Restaurant
Chaya Brasserie
555 East Ocean
Bandera
Moonshadows
Arnie Morton's of Chicago
Balboa Restaurant y
Katana
Emmy Awards
Over 1000 Private Parties Annually
Playboy Mansion
Lawry's the Prime Rib
Beckham Grill & Crown Bar
Knoll's Black Forest
El Cholo
Spago Palo Alto
Kate Mantilini's
Ivy at the Shore
Izzy's Deli
Jerry's Deli - Los Angeles
1
Tengu
Pancho's Restaurant
Sonora Cafe
Sisley
I. Cugini
Spago Beverly Hills
Maple Drive Restaurant
Wolfgang Puck Cafe
El Cholo Pasadena
Mastro's Steak House
I
0
Academy Awards
Golden Globes
Women In Film
I
SURFACE LOTS
RESTAURANTS
SPECIAL EVENTS
0
Santee Collection
Sunset Millennium Project
249 N. Canon Drive
Trader Vic's
Sushi Roku
Tam O'Shanter Inn
E1 Cholo Santa Monica
Five Crowns Restaurant
Granita Restaurant
Junior's Restaurant
5'
Jerry's Deli - West Hollywood
Manx & Basix
Chevy's Restaurant
Spiedini Restaurant
Chaya Brasserie
555 East Ocean
Bandera
Moonshadows
Arnie Morton's of Chicago
Balboa Restaurant y
Katana
Emmy Awards
Over 1000 Private Parties Annually
Playboy Mansion
C. ORGANIZATION AND SUPPORT CAPABILITIES
Herb Citrin: Founder and Chairman of the Board.
1 Herb founded the company shortly after being discharged from the United States
Navy submarine service. That began a fifty -six year history with one of the most
famous restaurants in the country. Herb soon gained a reputation as a "class
operator" and the rest as they say, is history.
Herb is known and respected across the country by his colleagues in the parking
industry. Under his leadership the company has expanded from one location with
two employees to where we are today: over 170 locations, 1,000 + special events
per year, over seventeen hundred employees and operations in Seattle, Nevada, and
California.
He continues to be actively involved in the daily operation of the company and still
finds time to serve on a number of charitable organizations and committees, as well
as being a member of the Board of Directors of the National Parking Association
and the Parking Association of California.
Anthonv J. Policella: President and Chief Operating Officer.
The president of our company, Tony Policella, began his career in the parking
industry in 1972 after graduating from college and a stint in the United States
Army. He has held just about every position found in a parking company since his
original days as a parking attendant in New York City. Since then, he has
personally experienced every facet of parking spanning from everyday field level
activities to the challenging duties of operations, administration and marketing.
Tony joined Valet Parking Service on January 15, 1992 and has served as its
president since that time.
Victor Morad: Vice President, Operations:
Victor has been in the parking industry for over thirty years with twenty five of
those years here at Valet Parking Service He is knowledgeable in every aspect of
the parking business and in particular with the variety of parking operations and
venues found here in Southern California. Victor has spent his entire parking
career in the Los Angeles area and it is a challenge to mention a location that he
is not aware of - even if it is not operated by Valet Parking Service
10
Victor oversees all of the operational and consulting activities for the company to
ensure that each client receives the highest level of service and revenue through the
most cost effective means. His expertise in parking operations encompasses
commercial office buildings, medical centers, shopping malls, hotels, casinos,
restaurants, theaters and airports. He is known throughout the parking industry for
his knowledge and expertise in revenue control, traffic flow and staffing
requirements. Victor has provided testimony as an expert witness at zoning
hearings, for municipalities and private developers.
Gary Sabedra: Controller:
Gary is responsible for all of the accounting and auditing activities within the
company. Additionally, he oversees the MIS Division which is responsible for
customizing reports for ourselves and our clients. These reports provide us with
an immediate reference as to income and expenses for each facility.
Prior to joining our company, Gary was the Controller and Assistant General
Manager of the Loewen Group International, Palm Springs Division.
Gary has a B.A. degree from University of California Los Angeles.
11
WO
D. EXPERIENCE
Experience is a very important factor to consider when considering a parking company to
manage and operate your parking facility. Parking service is generally divided into three
major specialties: self - parking, attendant - assisted parking and, of course, valet. Although
we are renowned for our superior valet service, we are proud to assert that Valet Parking
Service has offered, over the past fifty-six years, all three major services.
A successful parking facility is reliant on a combination of extensive experience and proper
employee training reinforced with adequate and coordinated supervision. In the belief that
we are the first and last impression that people will have of your building, Valet Parking
Service prides itself in providing the highest level of service to your visitors and tenants.
Our entire staff of employees, from parking attendants to executive staff, share the same
objective -- a total commitment to the success of your company's operation.
During the fifty -five continuous years our company has been in business, we have
encountered every type of parking situation, project and problem. Not only have we
gained an enormous amount of knowledge through the years (much of it from our own
mistakes and/or the mistakes of others) but we are responsible for a number of innovations
utilized industry-wide today.
The wide variety of accounts found in our portfolio has given us experience in every
parking venue throughout our years in the business. As you review our client list you will
note the many types of parking operations we manage and also the quality of our accounts.
Our company could be much larger (there are a number of companies right here in
Southern California that have 300, 400, 500 or more parking operations) but our goal has
always been quality not quantity.
We are very proud of the fact that if one went to the 1946 Los Angeles area Yellow Pages
they would have found our name and when one goes to the current Yellow Pages they will
still find our name. There aren't many companies, especially in the service business, that
can make that claim.
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Experience with On -line Revenue Control Systems
Facility Name
Type
Capacity
Revenue Control System
Hyatt Regency Long Beach
selUvalet park
1100
Amano /Park "0" Mate
Santa Monica Medical
self- park
525
Falcoa/Amano
3250 Wilshire Blvd.
self -park
850
Secom
Century City Medical Plaza
self /valet park
700
Secom
Maple Plaza
self -park
1100
Secom
Hilton Glendale
self /valet park
525
Secom
Regent Beverly Wilshire
valet park
700
Amano
Beverly Mercedes Plaza
self -park
400
Federal APD
9465 Wilshire Blvd.
self -park
1000
Park "O" Mate
265 N. Beverly Dr.
self -park
400
Park "0" Mate
6300 Wilshire Blvd.
self -park
800
Amano
Piazza Del Sol
self -park
400
Amano
9000 Sunset Blvd.
self -park
350
Secom
Two Rodeo
valet park
475
Park "0" Mace
Park Hyatt
valet park
350
Ar=o
Radisson Valley Center
self -park
300.
Secom
Doubletree Guest Suites
self /valet park
300
Amano
Ramada West Hollywood
self /valet park
400
Secom
Peninsula Beverly Hills
valet park
350
Micros
Crowne Plaza San lose
valet park
300
Federal APD
Hotel Casa Del Mar
valet park
400
Micros
6330 San Vicente Blvd.
self -park
250
Amano
*Oakland International Airport
self -park
6000
McGann Ericsson
*Serviced this location for six years
Consultine Capability
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Our corporate staff has performed consulting services for many of the forest firms
and prestigious developments in the country. To name but a few:
Prudential Insurance Company
Metropolitan Life Insurance Company
Rockefeller Center Development
Cushman & Wakefield
The Watergate Complex
ALCOA
Melvin Simon Management Company
Embarcadero Center
Lockheed Air Terminal Services
Hyatt Hotel Corporation
Four Seasons Hotel
Our staff has the capability to perform:
Economic feasibility studies
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Operation audits
Sales and marketing programs
Revenue control specifications
Financial audits
Layout and functional design
Facility planning
Signage and graphics programs
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E. QUALITY CONTROL AND TR IINIi TG
The company maintains an in- house, full time Quality Control and Training Department
whose sole responsibility is to ensure that our high standards are constantly met. Every
applicant must attend an orientation and every new hire must complete and pass our five
hour classroom and field training program. In situations where re- education and re-
training is required, it is given. We also have merit award and safety programs and an
"Employee of the Month" program.
Our Quality Control personnel visit each location and observe all aspects of the operation.
Primary concerns are courtesy, appearance and safety. The findings and subsequent
reports issued by Q.C. are reviewed by management and operations personnel and where
short comings are found, they are quickly corrected.
Valet Parking Service also retains System Check and Customer Service Associates whose
personnel visit our locations and report back to our company the quality of service
received, problem areas, etc. These reports provide us with the customers perspective on
our quality and level of service. As our client you will receive these reports on a
continuous basis.
First Class Operation
We believe there is a distinct difference in the way our company approaches parking
management that goes beyond the quality of the uniforms. There is a reason that Valet
Parking Service is the company that handles the Academy Awards, The Emmy Awards,
the Peninsula Hotel, the Playboy Mansion, Hotel Casa Del Mar, Shutters on the Beach
the list goes on and on. If we are fortunate to operate your facility, we are confident that
you, your tenants and visitors will experience very quickly that it is not just another
parking company and business as usual. There is a difference.
Customer Service
Valet Parking Service has implemented a Customer Service Program that is designed to
provide "customer service opportunities" in our self -park facilities, as well as our valet
facilities. For over 56 years, VPS has been the leader in customer service in our valet
facilities. Typically, in valet facilities there are more "customer service opportunities'
than there are in self -park facilities: e.g. opening doors, assisting with coats, saying good
morning, etc.. This Customer Service Program is designed to create "customer service
opportunities" in our self -park facilities. Some of the items in this program are:
Window Washing: Our attendants wash as many windows as they can
throughout the day and leave a pre - printed note on the
windshield that says: "Dear Customer, We have taken a
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Candy at Exit Booth:
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moment to clean your windshield in the hope that you will
have a safe journey. Thank You ".
A bowl of candy is placed in each cashier booth so our
cashiers can offer a piece of candy as a positive gesture.
Location Mans: We have pads of maps of Los Angeles and the vicinity in
each cashier booth and parking office to assist customers
needing directions.
Comment Cards: Comment Cards are given to our parkers providing us with
feedback on how we are doing?
Gate Arm Placards: We have installed placards that read "Welcome to ........and
Thank you for visiting........, on our gate arms at the
entrances and exits.
Assistin¢ Customers at
Entrance Lanes: Our cashiers are trained to stand on the entrance lanes
during morning rush hour to greet and assist entering
parkers.
Our goal for the past 56 years has been providing first class service to all of our
customers. We will always live up to this challenge.
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I F. INSURANCE AND CLAL iS
Our company has one of the most comprehensive insurance programs in the parking
■ industry with liability coverage in the amount of $10,000,000.00.
Coverage includes:
Worker's Compensation Insurance
Fidelity Bond
Public Liability and Property Damage
Garagekeepers Legal Liability Insurance
The company is very actively involved with its broker and carrier in administering its
■ insurance program. Our claims submission ratio is extremely low and our Workers
■ Compensation modification, we believe, is amongst the lowest for a parking company in
the state of California. We credit our pro- active approach, coupled with training, safety,
reward and quality control programs, for our outstanding record in this critical area of our
business.
Insurance is a major concern for all involved. Without adequate coverage and without
knowledgeable handling of individual claims, costs can escalate and usurp a large portion
of the monthly expenses. As part of our full- service program, we provide a comprehensive
insurance program designed to provide all appropriate protection to the facility.
Additionally, our experience and expertise enables us to handle each claim expeditiously
and thoroughly, with relevant follow - through.
Coverage
1) Worker's compensation insurance as required by the laws of the State of
California..
2) Comprehensive General Liability Insurance providing coverage for bodily injury
or property damage as a result of negligence or legal liability of the contractor's
operation providing combined single limits for bodily injury and property damage
of $1,000,000.00, subject to a deductible of 51,500.00. Such insurance shall
cover claims in the United States and Canada and shall include coverage but not
limited to the following:
a) Premises Operation
b) Personal Injury Liability
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C) Broad Form Property Damage
d) Owners and Contractors Protective
3) Excess Liability coverage in the amount of $9,000,000.00.
4) Fidelity Insurance covering any dishonest or fraudulent act of Valet Parking
Service and /or its employees whether acting alone or in collusion with others,
including robbery within the premises, with a limit of not less than $50,000.00 per
employee, subject to a deductible of $2,500.00.
5) All such insurance shall be in such form with such companies as shall be
reasonably satisfactory to building manager. Building management and its
respective partners, parents, subsidiaries, affiliates, director, officers, agents and
employees shall be named as an additional insured on the respective insurance
contract(s) to defend and indemnify losses resulting in bodily injury and/or
property damage as a result of the contractors negligence or legal liability. A
certificate or certificates evidencing the issuance of each such policy shall be
delivered to building management within five days of the inception of the Term.
Claims
The Company maintains an in -house Claims Department which quickly and personally
responds to all Incident Reports.
Anytime a customer requests to submit a claim the request is granted, and a "Claim Form"
is immediately provided. All claims are thoroughly investigated by Location Managers,
District Managers, and if we are found to be responsible, payment is made in an
expeditious manner.
The head of our Claims Department speaks with and deals directly with all claimants. A
claimant never receives the "run around" because so doing is a reflection on both of our
companies. Your customer is our customer and we never lose sight of how important they
are to both of us.
Claims for auto damage can be kept to an absolute minimum only if the valet attendants
are trained properly and supervised continuously. As with any job once an employee feels
comfortable, bad habits, short cuts, etc. can and will creep into his /her performance.
Because preventing accidents is so vital to our business, we have developed safety
programs that really work. The result has been relatively low insurance premiums
considering the millions of vehicles our personnel handle every year.
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' G. REPORTS AND AUDIT PROCEDURES
Daily Lot Income Controls
Location income is generated in cash by daily transient parking. However, some Iocations
receive income from scrip /validation book sales and from monthly parking keycard and/or
hang tag sales. Daily transient parking is controlled by the company's use of ticket batch
sequence controls. Supervisors issue a sequentially - numbered batch of parking tickets to
the locations. Each location manager is then responsible for collecting cash or validation
for each ticket or for returning unused tickets. A "Daily Lot Income Report " is completed
by each location manager for each shift reporting the number of tickets sold at such rate,
with extended total cash receipts by revenue category. Total cash receipts are summed and
"paid- outs" subtracted, footing to the net cash receipts for deposit. Strong location income
controls are established by Accounting Department audits of the "Daily Lot Income
Reports" with emphasis on accuracy of reported amounts and exact correspondence of
reported cash receipts with actual bank deposits.
Bank Deposits of Dailv Location Income
For most locations, daily cash receipts are placed into a plastic bag and deposited by
"Night Drop" into a Wells Fargo Bank tight depository by the location manager or
supervisor. The numerically coded plastic tab receipt is then attached to the "Daily Lot
Income Report" and sent to the Accounting Department along with all tickets, script book
receipts, and other supporting documents.
14lonthly Parking _and Validation Book Sales
Monthly parking and validation book sales are controlled by our in -house Auditing
Department. All books and hang tags are numerically sequenced and issued by our
auditing department to the District Managers who in turn, distribute them in controlled
batch sequences to the Location Managers. All such sales are accounted for on a cash
basis, and are reported in the "Daily Lot Income Reports," with supporting receipts
attached thereto.
Audit Procedures
The Ticket Auditor is responsible for verifying that all "Daily Lot Income Reports" are in
fact submitted daily. The Ticket Auditor maintains a calendar check list of all locations
and immediately notifies the appropriate supervisor if a report or bank deposit receipt is
missing. In addition, the following steps are performed to process each individual bag:
Count the number of tickets enclosed.
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Agree the number of tickets sold per the daily lot income report to the actual quantity of
r . tickets received, after taking into consideration number of cars left as reported on the Daily
Lot Report.
Verify the computations by multiplying the number of tickets sold times the applicable
rates.
Verify other cash amounts such as scrip books, monthlies, gate and key card fees, by
reference to supporting receipts, and corresponding entries on the Daily Lot Income
Report.
Verify the reported total cash receipts by adding all applicable items tested above and
making certain that the footings are accurate.
Agree total cash receipts per Daily Lot Income Report with total amount of deposit per the
deposit slip. If the amount calculated by the Revenue Control Clerk does not agree with
the amount per deposit slip, then the appropriate location Supervisor must be contacted.
Shortages must be deposited with the nest day's Lot Income Report.
If for any reason a Daily Lot Income Report is not enclosed in the bag, a duplicate can be
obtained from either the Director of Parking Operations or the Location Manager.
After verifying amounts listed on location income report, and agreeing amount to deposit
slip, place the Daily Lot Income Report in the folder for that location in chronological
order.
Make a notation of any discrepancies identified while verifying daily location income
directly on the deposit slip so than the bank reconciliation will tie -out.
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Place the deposit slips in their separate folders.
Agree amounts per the deposit slip to the amounts per the bank statement at the time of
bank reconciliation.
Follow up on any cash shortages with the appropriate location supervisor and verify the
shortage is deposited with the nest day's shift report.
Record the daily cash receipts on the "monthly summary sheet" in each location folder.
Provide the bank deposit slips and cash receipts data to the Assistant Controller for input
at the end of the month.
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Additionally, Valet Parking Service will make available to the building management, upon
(. request, any information pertinent to the overall revenue collection program, including,
but not limited to, daily and monthly reports and cashier's individual shift reports as
required. Independent audits by our internal auditing staff ensure adherence to all policies
and programs as well as alerting off -site management to any potential problems concerning
contract performance, Audits are performed on site, by field auditors (checkers) and at
our corporate office by the Audit Department. Operational audits are also performed by
our outside service auditors: System Check and Customer Service Associates.
The following is a list of audits performed by our in -house field auditors:
Standard Operating Procedure Audit
Valet Parking Service publishes the Standard Operating Manual, which are
implemented at and adopted by all facilities:
Staff from the Auditing Department are required to visit each facility during the
course of the year. The Standard Operating Procedure Audit, or portions of, is
administered during the visit. In actuality, this audit represents an accumulation
of numerous mini- audits combine to comprise one operational /financial audit. This
audit reviews each segment of the Standard Operating Manual to ensure
compliance of all company procedures. This is an extremely detailed audit. All
reports created and maintained by the Facility Manager are reviewed at this time.
During the visit, the audit staff will correct and instruct the location manager on
any procedure deficiencies. A follow -up visit is made approximately one month
later. Failures to comply with company policies will results in attendance of a
second training session and /or termination.
Ticket Shopping
The ticket shopping is one of the most effective as well as simplistic method of
auditing. An Auditor visits the facility under the guise of a regular parker. The
ticket is photocopied to document the transaction, the auditor then pay's the cashier
for the prevailing rate and exits the facility. The next day, the audit staff reviews
the tickets, cashier /shift report, and Daily Recap Report to verify that the control
ticket was processed according to procedure. This is the beginning step of the
Standard Operating Procedure Audit.
Cashier Spot Audit
The cashier spot audit is conducted to ensure that cashiers are processing
transactions in their shifts according to standard operating procedures. An auditor
visits the facility. He identifies himself to the cashier on duty. The auditor requests
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• the revenue collected during the cashier shift, including the bank money. He
counts this money, then has the cashier verify money counted by auditor, then
returns the money to the cashier. The auditor then reconciles all paid tickets against
the revenue collected. Tickets are then placed in ticket sequential order and
compared against the "in time" to ensure that the "in time" is also in sequence.
Ticket Compliance
>' A ticket compliance audit is conducted to ensure that all vehicles parked at the
location are properly processed. The auditor retrieves the starting and ending
numbers of the tickets for the current shift. The auditor records all the ticket
numbers from the ticket board. A physical walk through of the location is
conducted to verify that all vehicles were issued a ticket. All vehicles parked at the
location are to have a ticket stub displayed on the windshield indicating, the time
the vehicle came in and the last three number of the vehicle's license plate.
Booth/Cashier Audits
A booth/cashier audit entails having a member of the audit staff work side by side
with the cashier at the facility. The revenue for the shift is then compared to
previous shifts, days, months, etc. to verify consistency and trends.
General Audit Survevs
The General Audit Survey entails a thorough review of the daily reports and the
corresponding documentation attached to these reports. Specifically, the General
Audit Survey evaluates the completion of the Daily Reports and corresponding
documentation.
The areas that are reviewed while performing the General Audit Survey are the
cash flow, timeliness of deposits, presence and composition of deposit slips,
validation sales, monthly sales, ticket sequences, availability of reports, and
cashier /shift reports.
Keycard Reconciliations
1 Keycard reconciliations are conducted to ensure that monthly packers' keycards are
properly programmed and to ensure that no keycard remains active in the system
when compared against our paid parker list.
Ticket Audits
Ticket audits are performed as part of the Standard Operating Procedure Audit.
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Of course, all tickets are audited on a daily basis by the facility manager and
randomly by the ticket auditors. The purpose of the ticket audit is to ensure tickets
are processed correctly and represent the level of revenue disclosed on the Daily
Reports.
Payroll Pay -Off Audit
Pay -Off Audits are routinely performed to ensure compliance of payroll controls
and company policies, at each location. In addition, the auditor verifies that the
employees on the current shift match the time cards punched in.
Landowner Statements
The Assistant Controller prepares special statements to bill commercial management
clients. These statements are called "Landowner Statements" and are prepared before the
15th of the month for the preceding month as follows:
Using the "Location Perpetual Record" reference is made to the rent or
management fee schedule, hourly rate schedule, and permitted expense pass-
through.
Using the "Location Folders" reference is made to the daily, monthly and
validation income earned during the period per the tot income summary.
Using the attendants' time cards and location by location payroll allocations,
reference is made to the labor charges incurred by the lot for the month.
Using the "Lot Income Statement," reference is made to direct operating costs.
Total revenues from the "Location Folders" are reconciled to total revenues per the
"Location Income Statement. "
The "Landowner Statement" consists of a computer generated operating statement
itemizing sources of revenue, recoverable labor and operating expenses, and
management fees earned by the company.
If the location expenses exceed the location revenue, then the management client
owes the Company the amount of shortfall, and the special statement is mailed with
an invoice by the 15th day of the following month.
Revenue Control
The company maintains a comprehensive revenue control and accountability program that
encompasses all of the tenets of parking management revenue control.
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Financial Reports
Monthly Reports
Valet Parking Service will provide complete Financial reports within the first fifteen
days after the end of every month. These reports include:
a. Monthly profit and loss statement.
b. Monthly spreadsheet of daily activity.
C. Semi - monthly ADP itemized payroll report.
d. Photocopies of all invoices for expenses and expense related items.
Annual Reports
The following reports are provided on an annual basis:
a. The annual budget projection.
b. The annual profit and loss statement of operation.
C. The variance analysis statement.
d. Various charts and graphs as requested.
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H. SAMPLE MANAGEMENT AGREEMENT
PARKING FACILITY MANAGEMENT AGREEMENT
AGREEMENT made this _ day of 2002 between
(herein "Owner ") and VALET PARKING SERVICE, a California Limited Partnership (herein
"Manager ").
The parties agrees as follows:
Section 1.
Subiect
This Agreement is made with respect to the parking facility located at
iCalifornia (the "Facility ").
Section 2. Term
This Agreement will commence on and continue month to month until such
time as it is cancelled as outlined in Section 15 of this Agreement.
Section 3. Duties of Manager
Manager's duties hereunder shall consist of the following:
A. Operate the Facility in a first class manner.
B. Make recommendations to the Owner as to the kinds of equipment necessary, if
any, for the efficient and economical operation of the Facility.
C. Employ, with Owner's approval at the Facility, well trained persons, including
managers, attendants, cashiers and any other necessary personnel in sufficient numbers to ensure
the efficient operation of the garage facility. Manager shall instruct attendants as to their duties,
oversee their work, and ensure that they are properly uniformed and are rendering courteous
service. Manager will remove any employee automatically for dishonesty, improper conduct, or
at the request of the Owner, for other justified reasons.
D. Periodically perform audits to ensure the proper handling of cash receipts are being
observed.
E. Maintain, in accordance with recognized accounting procedures, such books of
account and records as will properly reflect all income and disbursements received and made in
connection with the operation and maintenance of the Facility, which books and records shall be
kept at the Manager's place of business.
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F. Provide, subject to the approval of the Owner, all materials, equipment, supplies,
N`1 calculators, papers, forms, and other items (unless otherwise herein provided) for the operation
of the Facility.
Section 4.
A. Coverage.
insurance:
Insurance
Manager shall provide and maintain at all times during the "Term" the following
Workers' Compensation Insurance as required by law.
2. Comprehensive General Liability Insurance and Garagekeeper's Legal
Liability Insurance providing coverage for bodily injury or property damage as a result of
negligence or legal liability of the contractor's operation providing combined single limits for
bodily injury and property damage of 51,000,000, subject to a self insured retention as provided
by the insurance contract at the time of the loss. Such insurance shall cover claims in the United
States and Canada and shall include coverage for but not limited to the following:
a. Premises Operations;
b. Personal Injury Liability;
C. Broad Form Property Damage; and
d. Owners and Contractors Protective
An Excess Liability Policy in the amount of $9,000,000.
4. Fidelity Insurance covering any dishonest or fraudulent act of the Manager
and /or its employees whether acting alone or collusion with others, including robbery within the
premises, with a limit of not less than $50,000 per employee, subject to a deductible of $2,500.
5. All such insurance shall be in such form with such companies as shall be
reasonably satisfactory to Owner. Owner and its respective partners, parents, subsidiaries,
affiliates, directors, officers, agents and employees shall be named as an additional insured on the
respective insurance contract(s) to defend and indemnify losses resulting in bodily injury and /or
property damage as a result of the contractors negligence or legal liability. A certificate or
certificates evidencing the issuance of each such policy shall be delivered to Owner within
five days of the inception of the Term. Manager and their respective Affiliates shall provide that
no such policy of insurance may be canceled or otherwise terminated or modified, for any reason,
except upon 30 days prior written notice to Owner.
B. Risk of Liabilitv.
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The parties agree that the service to be rendered by Manager for Owner are as an independent
contractor and not as an employee or agency basis.
Section 6. Ntanager's Staff
Manager shall employ for its own staff such personnel as may be necessary to operate the Facility
as aforesaid, but not limited to, management personnel, parking attendants, cashiers and valet
attendants, if necessary and shall oversee the performance of their respective services. Parking
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officers, directors, employees, agents, representatives, contractors, affiliates, divisions,
subsidiaries, successors and assigns from and against all claims, demands, (including, without
being limited to, third party claims or damages for personal injury or real or personal property
damage), losses, liabilities, causes of action, suits, actions, costs, and expenses (including but not
limited to attorney's fees) from any negligence and legal liability arising out of or relating to the
performance or nonperformance by Manager of this agreement, or caused by, arising from or in
connection with the acts, omissions or negligence of Manager or its employees, provided that
Manager shall not be responsible or liable for any injury or damage incurred by any patron, visitor
or employee of Owner which is unrelated to Manager's performance or nonperformance
hereunder, or which was not caused by the negligence of Manager or its employees. Owner
hereby agrees to defend, indemnify, and hold harmless Manager from liability for any such injury
or damage not specifically assumed herein by Manager.
2. Owner expressly acknowledges that Manager's obligations in connection
with the management, operation and promotion of the Facilities and employment of persons in
connection therewith, do not include the rendition of advice, supervision or furnishing of
personnel in connection with the personal safety and security of tenants, customers, employees
or other persons within or about the Facilities. Manager does not have knowledge or expertise
as a guard of security service and does not employ personnel for that purpose. Further, Manager
does not have employees undertake the obligations to guard or protect customers against the
intentional acts of third parties. Owner shall determine at Owner's discretion whether, or to what
extent, any cautionary warnings, security devices, or security services may be required to protect
patrons or others in and about the Facilities. Owner further agrees to defend and indemnify and
hold harmless Manager from and against any claims, demands, suits, liabilities, or judgments
arising from Manager's alleged failure to warn, guard, or to protect persons in or about the
Facilities from and against any intentional wrongful acts resulting in any harm or injury therefrom.
3. All claims for property loss or damage shall be adjusted and paid by
Manager's Claim Supervisor subject to the requirements of any applicable insurance policy and
the provisions of this Agreement, subject to a deductible of One Thousand Five Hundred Dollars
($1,500.00) per incident, which will be paid by Owner.
Section 5. Status of Manager
The parties agree that the service to be rendered by Manager for Owner are as an independent
contractor and not as an employee or agency basis.
Section 6. Ntanager's Staff
Manager shall employ for its own staff such personnel as may be necessary to operate the Facility
as aforesaid, but not limited to, management personnel, parking attendants, cashiers and valet
attendants, if necessary and shall oversee the performance of their respective services. Parking
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personnel shall at all times conduct themselves in a courteous manner, and be neat, clean and
properly uniformed.
Section 7. Licenses and Permits
All licenses and permits necessary for the operation of the Facility shall be obtained by Manager
i and shall be held in Manager's name, at Owners expense.
■ Section 8. Operating Hours
The Facility shall be open and staffed by Manager according to the schedule required to provide
efficient and first class service during the times and hours stipulated by OWNER.
Section 9. Rates
Owner shall establish parking rates, validation policies, and prices to be charged, after
consultation with Manager. Owner's decision shall be final.
Section 10. EE uinment
The Manager will maintain, repair, and purchase supplies on a routine basis for the Facility and
the Manager shall not expend without Owner's prior written consent, for any one item in
connection with maintenance, repair of supplies, more than FIVE HUNDRED DOLLARS
($500.00).
Section 11. Manager's Report and Compensation
(A) On the Fifteenth (15th) day of each month, Manager shall submit to Owner in
writing, a report showing for the preceding calendar month, all parking receipts consisting of daily
transient parking, validation sales, monthly parking, and any other parking revenue.
(B) On or prior to the Fifteenth (15th) day of each month, Manager shall submit to
Owner in writing, a report showing for the preceding calendar month, an itemized statement of
all revenues and expenses supported by bills, statements, invoices, and receipts. All revenues
generated will be deposited to the account of Manager. In any given month when revenues exceed
expenses, a check will be enclosed with the statement payable to the Owner. However, if there
is a shortfall of revenues to meet the expenses, an invoice will be enclosed with the statement
which is payable within fifteen (15) days of receipt.
(C) The expenses to be incurred by Manager, for which he will deduct from gross
receipts, include, but are not limited to, attendants' wages (including fringe and payroll expenses),
payroll taxes, workers' compensation insurance, management fee, operational supplies (such as
tickets, monthly stickers, uniforms, maintenance supplies, maintenance of automated gates if any,
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and ticket dispenser, validation stamps, bottled water, light bulbs, and the like), floor cleaning
service, all insurance premiums related to the operation of the Facility, auto damage expenses
(including amounts to be paid within the deductible provision of Manager's auto damage or
liability policies, which is presently $1,500.00), miscellaneous matters such as repairs to time
clock, key cabinets, and the like.
(D) Owner shall have the right at all reasonable business hours and upon reasonable
notice, to inspect, copy, and audit the books and accounts of Manager pertaining to the operation
of the Facility.
(E) As compensation for Manager's performance of its duties and obligations
hereunder, in addition to reimbursement of all direct expenses, Manager will receive a
Management Fee of per month.
Section 12.
Duties of Owner
Owner shall have sole responsibility for the supervision, upkeep, maintenance, and repair of the
physical premises. In addition, Owner shall pay or provide for all other expenses, including
utilities, repairs to the structure, and all supplies and equipment necessary for the parking
operation, provided that these items first be approved, in advance, by Owner.
Section 13. Securitv
Owner expressly acknowledges that Manager's obligations in connection with the management
operation and promotion of the station and employment of persons in connection therewith, do not
include the rendition of advice, supervision or furnishing of personnel in connection with the
personal safety and security of tenants, customers, employees or other persons within or about the
facility. Manager does not have knowledge or expertise as a guard or security service and does
not employ personnel for that purpose. Further, Manager does not have employees undertake the
obligations to guard or protect customers against the intentional acts of third parties. Owner shall
determine at Owner's discretion whether, or to what extent, any cautionary warnings, security
devices, or security services may be required to protect patrons or others in and about the facility.
Owner further agrees to defend and indemnify and hold harmless Manager from and against any
claims, demands, suits, liabilities, or judgments arising from Manager's alleged failure to warn,
guard, or to protect persons in or about the Facility from and against any intentional wrongful acts
resulting in any harm or injury therefrom.
Section 14. Owner's Control
(A) Owner reserves to itself all uses of any portion of the Facility for purposes other
than parking, including, without limitation, vending machine operation storage.
(B) Manager shall not have the right to affix or display any sign, placard or similar
29
A
device on the exterior of any building in which any parking facility is located or, on any entrance
way leading into any parking facility, without the prior written consent of the Owner.
Section 15. Termination
This Agreement may be terminated, without cause, by either party providing thirty (30) day
written notice to the other parry.
Section 16. Notices
All notices required or permitted under this Agreement shall be in writing, those being given to
Owner to be addressed to:
IThose to be given to Manager shall be served upon:
VALET PARKING SERVICE
10555 JEFFERSON BOULEVARD
CULVER CITY, CALIFORNIA 90232
Notices may be delivered in person, by facsimile, or by deposit in the United States mail properly
addressed, postage prepaid, registered or certified with request for return receipt. Delivery by
United States mail shall be deemed to have been effected upon the expiration of the United States
Post Office. The addresses above set forth may be changed from time to time by any of the
parties upon notice in writing to the others.
Section 17. Severability
If to any extent or for any period of time any provision of this Agreement is determined to be
invalid, such invalidity shall not effect the enforceability of such provision for any other period
of time, nor the validity or enforceability of any other provision of this Agreement.
Section 13. Contract Amendments
This Agreement may not be altered, amended, or modified other than by an agreement in writing
signed by the parties hereto.
Section 19. Arbitration of Disputes
In the event of any dispute between the parties or their assigns or subcontractors relating to the
terms of this Agreement or an alleged breach of any provisions hereof, it is agreed that same shall
be submitted for arbitration to the American Arbitration Association at Los Angeles, California.
Any judgment upon an award rendered by the arbitration may be entered in any court having
jurisdiction thereof. The prevailing party in such arbitration shall be entitled to reasonable
W
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attorney's fees.
Section 20. Contract Interpretation
This Agreement shall not be construed in favor of or against any party hereto, but shall be
construed as if any parties prepared this Agreement. This Agreement shall inure to the benefit
of, and be binding upon, each and every one of the parties hereto, and their heirs, personal
representatives, assigns, and other successors in interest of each parry hereto. If any term,
provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remainder of the provisions of the Agreement shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
Section 21. Miscellaneous
(A) This Agreement shall inure to the benefit of and be binding upon the parties hereto
and their successors or assigns.
(B) This Agreement incorporates the complete agreement of the parties and supersedes
any previous Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above set forth by their duly authorized representative.
Dated: By:
Dated: By:
VALET PARKING SERVICE
A California Limited Partnership
By: VPS MANAGEMENT, INC.
A California Corporation
General Partner
Anthony Policella, President
By: OWNER
31
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I. STAFFING PLAN
A staffing schedule will be provided and agreed upon between owner and manager before the valet
operation commences. Valet Parking Service will also forward a copy to the City of Newport
Beach for their review.
32
I Is 0
J. PLAN OF OPERATION
All tenants and monthly parkers will be assigned a space. A gate arm and card reader will be
installed to allow access to those parkers only.
* VPS will install call boxes on each level for tenant parkers that become blocked in by valet
vehicles.
* VPS will number each stall for easy identification.
* VPS will allocate certain spaces for our valet operation. Only when we are at full capacity will
we block other vehicles.
All valet customers will drop off and pickup their vehicles in the porte cochere only, There will
be no exceptions.
33
K. MANAGEMENT PROPOSAL
Valet Parking Service offers to provide all of the services mentioned herein, on a month to month
management agreement, cancelable by either party providing thirty (30) days notice, for a
management fee of $1500.00 per month.
34
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EXHIBIT 7
USE PERMIT NO. 3086 (AMENDED) SITE PLAN
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EXHIBIT 8
USE PERMIT NO. 3086 (AMENDED) PARKING PLANS
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EXHIBIT 9
APPLICANT'S LETTERS OF SUPPORT FROM OTHER TENETS
ai
WATERFRONT NEWPORT BEACH, LLC
2895 Royston Place
Beverly Hills, California 90210
Tel(310)275-2574 Fax(310)275-1939
February 10, 2003
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Fax: (949) -644 -3250
Re: 2901 West Coast Highway
Newport Beach, CA 92663
Dear Sir or Madam,
I am the owner of the above - referenced building. I have reviewed the parking plans submitted to
me by the restaurant and building architects. The proposed plans appear to be feasible (number
of stalls and accessibility), reasonable (costs and implementation) and fair to all the tenants
(minimal inconvenience, if any).
We have informed the tenants and have their support even with the possible inconvenience of
having to inform the valet to remove cars that may be blocking some cars about once a day. We
will mitigate this effect by asking the tenants to give the valets a schedule of when they are
leaving, so that the valets can plan not block them when they need to leave. All stalls, including
valet stalls will be identified on the floor and tenants can also call minutes in advance to have
their access cleared before they come down to their stalls. For the tenants who missed the above
procedures, there will be call boxes so that tenants can call the valet down to clear their access
way.
Separately, I have informed the restaurants that the building should be cognizant of the present
character and future aspirations of the city of Newport Beach, particularly in the Mariner's Mile
area and surroundings. The designs therefore should be mindful of the neighbors (including
those across the water and up the hill), and pedestrian and vehicular traffic (especially the speed,
volume and building access at West Coast Hwy).
I am in support of the restaurant and parking plans.
Sincerely,
Q G,
Ferdinand Fam,
Owner
Waterfront Newport Beach, LLC
0
February 10, 2003
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: Newport Office Center
2901 West Coast Highway, Ste. 200
Newport Beach, CA,92663
Dear Sir or Madam,
I am a tenant at the above building (approx 11,270 usf). Mr. Robert Lounsbury showed me the
proposed parking plan incorporating valet services at certain times. I think it is great that a plan is
being put in place for the building. I have been shown the parking stalls allocated to my suite.
I realize that the plan involves the possible inconvenience of having valet cars blocking our access.
I have been informed of the mitigating measures that will be implemented (identifying stalls, early
notification of exit schedule, call boxes, etc.) and I think the plan is feasible.
I am in support of this parking plan.
Sincerel
D
C.O.O.
Newport Office Center
468 North Camden Drive, Beverly Hills, California 90210 I p�
888.528.8882 (tel) 310.271.4264 (fax) globaloffices@aol.com (e.mail)
www.GlobalBusmessCenters.com
C�Sooleby
Tag, you're it!
February 10, 2003
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: eSociety
2901 West Coast Highway, Ste. 350
Newport Beach, CA 92663
Dear Sir or Madam,
W WW. es0Ciety. Com
I am a tenant at the above building (approx 3,800 usf). Mr. Robert Lounsbury showed me the
proposed parking plan incorporating valet services at certain times. I think it is great that a plan
is being put in place for the building. I have been shown the parking stalls allocated to my suite.
I realize that the plan involves the possible inconvenience of having valet cars blocking our
access. I have been informed of the mitigating measures that will be implemented (identifying
stalls, early notification of exit schedule, call boxes, etc.) and I think the plan is feasible.
I am in support of this parking plan.
Sincerely,
Steve'Shearer
President
eSociety
S
61
2901 W. Pacific Coast Highway, Suite 350, Newport Beach, CA 92663 • Ph. 949.515.9100 • Fx. 949.515.9101
GIL YURLY
Independent Distributor
714- 997 -9473
Fax 714- 289 -9473
e -mail www.bodywise.com/gilyLirly
INTERNATIONAL, INC.
February 10, 2003
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: BodyWise Fitness
2901 West Coast Highway, Ste. 110
Newport Beach, CA 92663
Dear Sir or Madam,
I am a tenant at the above building (approx 2,755 usf). Mr. Robert Lounsbury showed me the
proposed parking plan incorporating valet services at certain times. I think it is great that a plan
is being put in place for the building. I have been shown the parking stalls allocated to my suite.
I realize that the plan involves the possible inconvenience of having valet cars blocking our
access. I have been informed of the mitigating measures that will be implemented (identifying
stalls,. early notification of exit schedule, call boxes, etc.) and I think the plan is feasible.
I am in support of this parking plan.
Sincerely,
CTil Yurly
Owner
Body Wise Fitness
9
Sage
Contracting Company Inc
February 10, 2003
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: Sage Contracting
2901 West Coast Highway, Ste. 160
Newport Beach, CA 92663
Dear Sir or Madam,
I am a tenant at the above building (approx 1,400 usf). Mr. Robert Lounsbury showed me the
.proposed parking plan incorporating valet services at certain times. I think it is great that a plan
is being put in place for the building. I have been shown the parking stalls allocated to my suite.
I realize that the plan involves the possible inconvenience of having valet cars blocking our
access. I have been informed of the mitigating measures that will be implemented. (identifying
stalls, early notification of exit schedule, call boxes, etc.) and I think the plan is feasible.
I am in support of this parking plan.
Sincerely,
Jr.
Sage Contracting
�63
2901 W. Coast Highway, Suite 160 Newport Beach, Ca 92663 949 - 574 -4710 ext. 225 Fax 949 - 574 -4792
JOHN S. ROTH
ATTORNEY AT LAW
2901 WEST PACIFIC COAST HIGHWAY
SUITE 300
NEWPORT BEACH, CALIFORNIA 92663
TELEPHONE (949) 646 -1818
FAX (949) 646 -2323
February 10, 2003
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: John S. Roth
2901 West Coast Highway, Ste. 300
Newport Beach, CA 92663
Dear Sir or Madam,
I am a tenant at the above building (approx 800 usf). Mr. Robert Lounsbury showed me the
proposed parking plan incorporating valet services at certain times. I think it is great that a plan
is being put in place for the building. I have been shown the parking stalls allocated to my suite.
I realize that the plan involves the possible inconvenience of having valet cars blocking our
access. I have been informed of the mitigating measures that will be implemented (identifying
stalls, early notification of exit schedule, call boxes, etc.) and I think the plan is feasible.
I am in support of this parking plan.
Sincerely,
0
,64