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HomeMy WebLinkAbout3.0 - Amendment to Conditional Use Permit for Parking - PA2014-157 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 4, 2014 Meeting Agenda Item 3 SUBJECT: Amendment to Conditional Use Permit for Parking - (PA2014-157) 1617 Westcliff Drive Conditional Use Permit No. UP2014-044 APPLICANT: Shubin & Donaldson Architects Inc. PLANNER: Brenda Wisneski, Deputy Community Development Director (949) 644-3297, bwisneski@newportbeachca.gov PROJECT SUMMARY An amendment to a previously approved Use Permit to modify conditions related to restaurant hours of operation and consideration of shared parking to accommodate the extended hours. Extensive remodel of the property and structure is also anticipated, but is not subject to this application. Please note, a supplemental report will be provided by December 1, 2014 which will include the finalized Parking Demand Analysis and draft resolution. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2014-044 (Attachment No. PCI). 1 V� QP �P 1617 Westcliff Drive Planning Commission, December 04, 2014 Page 2 VICINITY MAP MAR P A JL P R �MV09SP OVA A r ] . C NORTM L Hmy GP WP SANTIA�� W` cas�awam Owl SLN OVER Park LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial Commercial General Office, Restaurant, GC CG Personal Service NORTH General Commercial L Commercial General Office, Retail, GC CG Personal Service so UTH Mixed Use MU-DW Mixed Use MU-DW Office EAST Residential Medium Residential Medium Residential WEST Residential Medium Planned Community Apartment Com lex 3 1617 Westcliff Drive Planning Commission, December 04, 2014 Page 3 INTRODUCTION Project Setting The subject property is located on Westcliff Drive between Irvine Avenue and Dover Drive. The subject property and adjacent parcels are developed with multiple-tenant commercial buildings and shared surface parking in the front and rear of the buildings along Westcliff Drive and Sherington Place. Residential uses are located north and south of the property. The project site includes a multi-tenant building which was constructed in 1965 and includes medical office, personal service and a coffee bar. The property includes a total of 128 spaces which are located to the north, east and south of the building. A drive- through aisle in the north parking lot is shared with the adjacent parking lot to the west. The suite has been occupied by various restaurant tenants since 2002, but it is currently vacant. The subject suite is 4,032 square feet in gross floor area and includes an outdoor seating area which is separated from the restaurant by a public walkway easement. Project Description The applicant proposes to reestablish a restaurant/retail use at this location and amend Use Permit UP2002-025 which was approved in 2002 to allow alcohol service (Type 47, Full Service) and waive 9 parking spaces in association with a restaurant operating at this location. The waiver of 9 spaces was based on a condition restricting the restaurant operation during the lunch hour (Condition No. 13). Without this restriction, a 13 parking spaces would be waived. The Use Permit also specifically prohibited entertainment and dancing. The 2002 staff report, meeting minutes, and resolution are provided as Attachment No. PC-2. The restaurant operations would change from the full service bar and restaurant previously approved. Instead, a neighborhood/family style gourmet market and deli are envisioned. Customers will order and pay at multiple points of sale (i.e., bakery area, deli area) and then seat themselves. Staff will deliver the food orders to the tables. Retail areas will include prepackaged food and beverage items, as well as cookbook or other items for cooking. The Use Permit was conditioned to limit operating hours from 11 a.m. to 10 p.m. (Condition No. 5) and requiring either the private dining area or the outdoor seating area to be closed off and not used from 11 a.m. to 3 p.m. (Condition No. 13). Based on the meeting minutes and staff report, Condition No. 13 was intended to address concerns with parking demand during the lunchtime peak period. 4 1617 Westcliff Drive Planning Commission, December 04, 2014 Page 4 The applicant proposes to amend Condition No. 5 to operate from 7 a.m. to 10 p.m. and delete Condition No. 13. The uses within the multi-tenant building will continue to include a mix of retail, medical/dental office, restaurant/food service and fitness space. Extensive renovation of the building exterior is also proposed, detailed in the project plans. While not a component of the Use Permit review, the quality materials and landscaping will be a significant upgrade to the center. DISCUSSION The requested amendment results in an increase in parking demand specifically in the morning and during the lunch hour (11 a.m. to 3 p.m.) based on the additional operating hours and use of the full dining area. Based on the City's Zoning Code, a parking deficit of 19 parking spaces is anticipated. However, knowing that the uses have the benefit of sharing the parking spaces, this number is expected to be lower. The applicant and the City's Public Works Department are in the process of finalizing a parking demand analysis to represent the shared characteristics of the multi-tenant center. At this time, the following analysis details parking required per the Zoning Code and a survey of existing parking conditions. General Plan/Zoning Code The General Plan designates the site General Commercial and the Zoning Code designation is Commercial General. These designations are intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The restaurant is consistent with both designations and complies with the development standards of the Zoning Code with the exception of parking. Parking Analysis An amendment to the previously approved Use Permit is required to modify the conditions of approval and reconsider the parking requirements. The multi-tenant commercial building is predominately occupied by medical office uses which generally operate weekdays from 9:00 a.m. to 6:00 p.m. Therefore, excess parking would be available during the evening and weekends for the restaurant use. However, all uses will generate the greatest demand during the lunch hour. The Code required parking is based on "stand alone uses", regardless of the potential for shared parking opportunities or alternative transportation modes. The project includes a multi-tenant building in proximity to medical office and other commercial uses. Therefore, an alternative parking analysis is warranted based on shared parking usage by time-of-day. As shown in Table 1, applying the City's Zoning Code, at full occupancy of the multi- tenant building, there would be a parking shortfall of 19 parking spaces. 1617 Westcliff Drive Planning Commission, December 04, 2014 Page 5 Table 1 Proposed Tenant and Required Parking Use Square Footage Code Standard Spaces (Parking : Square Required Footage) Medical Office 15,251 1:250 and 1:200 62 Retail 4,266 1:250 17 Take-Out, 2,368 1:200 12 Limited Personal Service 2,316 1:250 9 Storage 1,020 1:2,000 1 Retail Restaurant 3,447 (1,175 retail) 1:250 5 (1,641 net public area w/outdoor) 1:40 41 1,463 non netpublic) None 0 Total Required 147 Total Parking Supply 128 Parking Deficiency -19 Parking counts were conducted between the hours of 6:00 a.m. and 9:00 p.m. on a typical weekday. License plate surveys were performed to identify vehicles that may have parked overnight and were owned by residents or visitors of the apartment complex located to the south of the project. It was determined that 13 vehicles were not associated with the uses on-site. The field study showed that the existing, actual peak parking demand on a weekday was 79 spaces at 11:00 a.m., which corresponds to a parking surplus of 49 spaces. As shown in Table 1, the proposed restaurant requires 46 spaces per the Zoning Code. Therefore, per the field study there is adequate parking supply to meet this need. Use Permit Findings In accordance with Zoning Code Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings and Decision), the Planning Commission must make the following findings for approval for a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 0 1617 Westcliff Drive Planning Commission, December 04, 2014 Page 6 The restaurant is within the General Commercial (GC) General Plan land use category and Commercial General (CG) Zoning District. Full-service restaurants have operated at the location since 2002 without concerns from the neighborhood, Code Enforcement or the Newport Beach Police Department. The subject restaurant focuses on providing family-style food service and will include take-out and retail operations. Based on the survey of existing conditions, adequate on-site parking is available for the proposed use. In accordance with Zoning Code Section 20.40.110(B) (Reduction of Off-Street Parking), off-street parking requirements may be reduced with approval of a conditional use permit in compliance with the following conditions: 1. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); 2. The most remote space is located within a convenient distance to the use it is intended to serve; 3. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking, 4. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand; 5. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; 6. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department, and 7. A parking management plan shall be prepared in compliance with subsection (C). Additional analysis will be provided once the Parking Demand Analysis is finalized. Alternatives The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 1617 Westcliff Drive Planning Commission, December 04, 2014 Page 7 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application and provide facts in support of denial to be included in the attached draft resolution for denial. Environmental Review The project is categorically exempt under Section 15301 Class 1 (Existing Facilities) of the State CEQA (California Environmental Quality Act) Guidelines, in that the project is an amendment to a use permit to extend the operating hours of an existing restaurant. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared/Submitted by: rn-1111W *na i,r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions (To Be Provided) PC 2 Use Permit UP2002-025 Staff Report, Meeting Minutes and Resolution PC 3 Parking Demand Analysis for Westcliff Plaza (To Be Provided) PC 4 Project Plans 8 Attachment No. PC 1 Draft Resolution with Findings and Conditions TO BE PROVIDED 9 V� QP �P 20 Resolution Ordinance Action 22 e� CITY OF NEWPORT BEACH uZ P.O. BOX 1768,NEWPORT BEACH,CA 92659-1768 �4FoaN�P PLANNING DEPARTMENT (949)644-3210 NOTICE OF FINAL APPROVAL DATE: September 6, 2002 TO: Giuseppe Vitiello FILE COPY FROM: Planning Director SUBJECT: Use Permit No. 2002-025 (PA2002-117) Please be advised that Use Permit No. 2002-025 (PA2002-117) was reviewed by the Planning Commission at its meeting of August 22, 2002 and became effective September 5, 2002. Any deviation from the applications and plans on file in the Planning Department may require_ an amendment to the application(s)mentioned above for the project. Applicant: Capri Blu Ristorante Location: 1617 Westcliff Drive Description: Request for a Use Permit to allow an Eating and Drinking Establishment and to authorize the sale of alcoholic beverages for on-site consumption pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) located within the Westcliff area. The application also includes a request for a parking waiver. Should you have any questions,please contact our office. Very truly yours, PLANNING DEPARTMENT Patricia Temple, Director By Ginor Varin Executive Secretary Planning Commission Enclosure: ❑ Approved Resolution with Findings and Conditions of Approval ❑ Approved Planning Commission minutes with Final Findings and Conditions of Approval cc: Property Owner Cif not applicant) Gvarin\PlanComm\ntcefftpc.doc 3300 Newport Boulevard,Newport Beach i RESOLUTION NO. 1570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002-025 (PA2002-117) FOR PROPERTY LOCATED AT 1617 WESTCLIFF DRIVE THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Giuseppe Vitiello with respect to property located at 1617 Westcliff Drive and legally described as Lot 7 of Tract 4225, requesting approval of Use Permit No. 2002-025 to allow an eating and drinking establishment, to authorize the sale of alcoholic beverages for on-site consumption at a restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and to grant a partial parking waiver. Section 2. A public hearing was held on August 22,2002 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: i. The proposed location of the restaurant and associated alcoholic retail sales needing this use permit, 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; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The use permit pertains to the on-site consumption of alcoholic beverages in conjunction with an eating and drinking establishment to be opened in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with sale of alcoholic beverages. The plans, as conditioned, meet the design and development_ standards for alcoholic sales. As conditioned and approved, including the restrictions on the hours of operations, the applicant does not propose a use that would significantly change the operational characteristics of the site and that could result in additional parking demand. ' 2. The operational characteristics of the proposed use, including the hours of operation,are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.99 of the Municipal Code(Alcoholic Beverage Outlets Ordinance) for the following reasons: 13 City of Newport Beach Planning Commission Resolution No. 1570 Page 2 of 6 a. 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. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. C. The number of alcohol licenses within the reporting 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. d. The percentage of alcohol-related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. The on-site consumption of alcoholic beverages in conjunction with a restaurant is not expected to increase alcoholic related crime. e. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site, and residential uses to the north and south are at a distance from the site and are separated by parking lots and streets. 4. The parking waiver can be justified for a restaurant that operates for dinner service only in that the site is characterized by more than two uses that have parking requirements that do not occur simultaneously during the late afternoon and evening hours, and on weekends. 5. The restaurant and the site generally comply with the development standards for restaurants with the exception of requirements pertaining to the provision of a six-foot high masonry wall along interior property boundaries, three-foot high screening along public rights-of way, and three-foot wide landscaping along interior property boundaries, in which case those requirements are waived since the site is fully developed and it would not be feasible or practicable to install such improvements. 6. 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). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2002-025, 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. ` City of Newport Beach Planning Commission Resolution No. 1570 Page 3 of 6 PASSED,APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST,2002. AYES: McDaniel,Kiser,Gifford.Selich and Tucker NOES: Aeajanian BY: er, Chairman B4: ;anian,Secretary 15 City of Newport Beach Planning Commission Resolution No. 1570 Page 4 of 6 EXHIBIT"A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-025 1. The development shall be in substantial conformance with the approved plot plan dated July 23, and the floor plan received on August 22, 2002, as approved by the Planning Commission. 2. Use Permit No. 2002-025 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 if 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 cleared through the Building Department. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size is required in association with food preparation activities and a sewer lateral cleanout shall be installed on the City side of the property line. 4. The outdoor dining and bar areas shall have adequate barriers as required by the California State Department of Alcoholic Beverage Control(ABC). 5. Hours of operation shall be from 11:00 AM to 10:00 PM daily, except as limited by other conditions. 6. 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. 7. Live entertainment and dancing shall be prohibited at all times. 8. That any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. City of Newport Beach Planning Commission Resolution No. 1570 Page 5 of 6 10. This Use Permit shall be terminated if the operation is no longer maintained as at bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 11. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 12. The area labeled outdoor service/garden shall not be used for seating waiting, or any form of food or beverage service. 13. At the election of the applicant, either the private dining room area or the area designated for outdoor seating on the approved plans shall be closed off and not used from 11:00 AM to 3:00 PM. 14. 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. 15. The exterior of the restaurant and alcoholic beverage outlet 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. 16. 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. 17. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47, 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 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. 18. 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. 19. 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 City of Newport Beach Planning Commission Resolution No. 1570 Page 6 of 6 20. 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. 21. The operator of the restaurant 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: Between the hours of Between the hours of 7:OOAM and 10:00PM IO:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA ro e Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A I 65dBA I N/A 1 60dBA 22. After 9 months have passed from the fust day the business is open to the general public, the Planning Director shall review the operations of the parking lot to ensure compatibility with the surrounding community and built environment. The Planning Director may take further restrictive action to remedy a problem situation or may determine that the removal of Condition No. 13 is warranted. 18 Attachment No. PC 2 Use Permit UP2002-025 Staff Report, Meeting Minutes and Resolution 19 V� QP �P �o Staff-Reports--Minutes. City of Newport Beach Planning Commission Minutes FILE Co�� August 22, 2002 I DEX ECT: Taste of Napa(Continued from 08/08/2002) Item 1 611 E. Balboa Blvd. PA2002-074 Request for Use e it No. 2002-013 to establish an Alcoholic Beverage Outlet(ABO) Continued to with Type 20 and T 42 licenses to permit both retail wine sales and limited, 09/05/2002 ancillary on-site consumpbQq and wine tasting. The project also includes a request for a waiver of the off street parking requirements. Ms. Temple reported that the applicahtrequested that this item be continued to September 5, 2002. Motion was made by Commissioner Selich to cont*LVe this item to September 5, 2002. , Ayes: Agajanian, McDaniel, Kiser, Gifford, Selich Noes: None Excused: Tucker SUBJECT: Capri Blu 18storante Item 2 1617 Westcliff Drive PA2002-117 Request for a Use Permit to allow an Eating and Drinking Establishment and to Approved authorize the sale of alcoholic beverages for on-site consumption pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) located within the Westcliff area. The application also includes a request for a parking waiver. Ms. Temple noted that the applicant presented a revised floor plan to staff shortly before this evening's meeting with the intent to reduce the net public area so as to further reduce the requested parking waiver. We will be providing some recalculated numbers, but we do not have a hand out for review. Staff then distributed a copy of the latest floor plan. James Campbell,Senior Planner noted: • The original staff report was based upon the floor plan attached to the report. • That floor plan had a net public area of±1,600 square feet. • The revised floor plan (distributed to the Planning Commission) shows the primary expansion of the kitchen area and better clarifies the net public area. • The bar area is delineated more accurately and there are better square footage calculations for the floor plan. • One change necessary is that the entry area as well as a portion of the area called waiter/service area would actually be net public area. • The total net public area as calculated is 1,439 square feet and the total net public area for parking purposes is 1,229 square feet, which includes the 2 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX outdoor patio credit based on 25%of the net public area. • The Code required parking for this tenant would be 41 spaces using the 1/30 ratio, 31 spaces for the 1140 ratio and 25 spaces for the 1/50 ratio. • There would still be a deficiency of 23 spaces utilizing the 1/30 ratio, 13 spaces utilizing the 1140 ratio and 7 spaces utilizing the 1/50 ratio. • This type of restaurant, based upon the applicant's statements and staff's understanding of the operational characteristic should be 1/40 ratio. That would create a parking deficiency of 13 spaces. The applicant has been refining his floor plan and reducing the net public area due to the concern of the lack of parking during the lunch time hour. • Staff is recommending that this restaurant not be opened during the noon hour due to the parking shortfall and the potential impacts to the abutting properties. • The applicant has prepared a parking analysis that indicates the noon parking is fairly congested. Given the previous size of the restaurant, it might fail at that hour, hence the recommendation not to open during the noon hour. • Alcoholic beverages are proposed to be served at this restaurant; the analysis related to the ABO is in the staff report. Public comment was opened. Giuseppe Vitiello, owner of Capri Blu Ristorante commented: • The project was intended to serve lunch and dinner. The lunch business is a Vital part of the business plan that we worked out for this location. There is a parking deficiency but I don't think our business will be full house everyday. • We will have a lot of walk-in business. • A patio outside when there is good weather will be busy, but when it is cold or rainy, we will lose that seating because patrons will not be seated out there. • The parking study showed that there was adequate parking. At Commission inquiry staff noted that the Coastal Commission had imposed a partial closure limitation on other restaurants. From an enforcement point of view, it could work where there are separate rooms allowing for a clear and distinct delineation made of the open area. With an open floor plan such as this, even if we impose the requirement and they used a 'velvet rail' technique, it is hard to actually turn people away when they walk in and see empty tables. This floor plan does present that more 'open concept'. Some of the reductions that have assisted getting closer to the parking numbers are strategies to clearly identify areas that the waiters use only and those we believe are very readily enforceable. Ms. Temple noted that on the new revised floor plan the applicant is indicating a small area as a private dining area with apparently some ability to close some 'accordion' doors. That may be a way to further reduce the daytime net public area. Discussion followed on similar area restrictions for a few area restaurants. 3 23 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX Chairperson Kiser asked the applicant if he had a problem with a condition of having the private dining area not open at the lunch hour. Mr. Vitiello answered that his concept was to get the whole restaurant open because this type of restaurant is a sit down lunch with a full liquor license. It will not be a quick turnover. It might take an hour and fifteen minutes to have lunch. We can shut down that area if that is what it will take, however the whole area being open will not generate that much traffic in the restaurant. We have about 600 square feet inside remaining for dining that will seat about 50 people, another 20-30 people outside. If that is the alternative, we can shut it down with velvet curtains. There is some additional parking on Sherington Place that could be used. Chairperson IGser noted that the parking area is very busy during the day. Referring to the floor plan, then asked about the entrances. Mr.Vitiello then explained the floor plan: • Service areas. • Employee areas. • Outdoor seating area. • Outdoor service/garden-no tables, no seating. The area is gated on either side per the ABC requirements. • Private dining area. Mr. Campbell added that this floor plan was presented to staff five minutes prior to tonight's meeting. New computations were made as it does reduce the net public, however, there has been no discussion with the applicant on the use of the interior spaces based upon the new floor plan. Ms. Temple noted that the applicant had indicated in the initial meeting of the Development Review Committee that this corridor area needed to remain open and passable for other occupants of the building. There may be some problems with the ABC requirements and whether this outdoor service/garden is net public area. We might want to look at the ABC requirements further so that staff knows how to condition this properly. Mr.Vitiello explained that this outdoor service/garden is to be used for the servers to access the patio because the ABC requires that if the server comes out with a tray full of drinks, he can not go through an area that is not covered as part of our restaurant. No seating is intended for patrons in this area. The bar area is intended for the main waiting area. Steve Gaffney, architect, noted: • The original plan did not have the kitchen design. • We have worked with the Building and Fire Departments coming up with the total number of occupants for exiting reasons and bathroom fixture count. • The issue of the outdoor dining in the original area was that it was large and had quite a few occupants for the occupancy load. 4 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX • The plan was to restrict the outdoor seating area to 600 feet, • In crossing the outdoor service/garden area to get to the outdoor seating, the ABC required fencing on either side of the 'corridor'. • The intent is not to have any diners or any patrons in that garden area. • It is a public garden area and anybody can come there whether it is used as access to the restaurant or not. • The issue is that we have to control who is going in there from an ABC standpoint. • No seating or tables will be in that area and it will be decorated with potted plants and can be used for egress area. • If you have a drink in your hands, you are either inside the restaurant or in the 600 square foot dining area on the other side. • It is a common public area and not a private area. • We have worked out both with Fire and Building Departments issues of the occupancy count and ADA compliance. • We are re-building the restrooms. • We have not changed the building area; we have reclassified what we are calling the different areas. • The private dining area inside can be closed while there is dining on the outside patio area and on a non-sunny or cold day, the outdoor dining patio can be closed. Either way there will be a reduction in the number of patrons there at noon. • We did actual parking counts that showed a larger number of occupants and showed a deficiency between 11 and noon. • We can monitor the situation and after the first three months of operation, we can update that study to reflect what is really happening out there. We could then come back and change or reduce any restrictions you may place on this application. • The outdoor service/garden area is a common area. The reason for the gates is due to the ABC restrictions. Ms. Wood asked about the outdoor service/garden area, which is required by the ABC to be fenced off, is that required to be an open circulation area by the landlord? Mr. Gaffney answered no; there is access to public area without using this outdoor service/garden area. It does give access from the parking on the right hand side of the building to that area without having to go around, but it is not an egress issue from a life safety standpoint. Members of the public would be able to walk through that area and this is an acceptable condition to the ABC. At Commission inquiry he noted further: • Bar seating is stools. • There are no tables in that area. Gary Rettig, D. C. landlord of the building noted that it has been a goal to get a restaurant to replace the previous restaurant. In talking to some of the other tenants, this is very desirable to our area. A restaurant such as this will be enthusiastically greeted. The majority of the lunch trade will be walk-in because of 5 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX the surrounding businesses. As a member of the community I support having them open for lunch. At Commission inquiry, he noted that the other tenants only concern was the smell of spaghetti sauce cooking. Commissioner McDaniel, noting his experience as a banker with a restaurant moving in, stated that the parking situation is atrocious at lunchtime. You have talked to your other tenants and they are okay with this? Dr. Rettig noted that most of his tenants are closed at lunchtime. The only one not closed is the hair salon. Everyone I have talked to has been enthusiastic about this restaurant coming in. Commissioner Tucker also noted his concern of the parking. When I go thereat lunchtime, it is crowded and seems crowded all the time. I wonder where everyone is going to go? Dr. Rettig noted and clarified that his building seems to get a bigger hit before and after lunch. Our specific area that is made up of about 144 parking spaces doesn't get the noontime impact up to this point that the rest of the shopping center gets. The banks on the corner are not part of the same parking arrangement, but there is nothing to restrict shared parking. If parking becomes a problem from the restaurant, an agreement will be worked out so as not to interfere with the other tenants. Public comment was closed. Commissioner McDaniel noted his concern of the parking: • People who are looking at lunchtime for spaces, park everywhere with little or no concern for the office people who are there. • The people who are in those buildings use their lunch time not only to go for lunch themselves, but they use that time to run errands. When they come back they are looking for a place to park because they have to go back to work. That is a major concern. • The other tenants in the building have adequate parking spaces for the people and I find this very unfair not to take those people into consideration with the override. • I think that staff's recommendation at 3 o'clock on is the best resolution, because most people are done with their errands, have a parking space and whatever spaces are left are not being vied for. • I am looking at conditioning the hours, everything else I am fine with. • I would suggest giving this six months to see how it works and the applicant could come back with a review and we could possibly make some changes at that time. Ms. Temple, at Commission inquiry, noted that valet parking had not been discussed with the owner or the applicant. It would be something that we would have to work closely with the property owner because a valet arrangement requires a certain part of the parking lot to be set aside for a single tenant as the 6 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX other tenants would not be subject to the valet plan. It could be a potential solution. Additionally, if it were used as actual parking for this restaurant as opposed to a means to approve the waiver that has been requested, it would require an off-site parking agreement of some sort. Commissioner Gifford noted that this restaurant is needed for public convenience and enjoyment in this area. That whole area seems to function as an integrated space. I believe some of the patrons would come for the food and then leave. There is a lot of integration with other shops in the area. One patron arriving with one car patronizes a number of the businesses. It also seems that it is not a destination center, but the people who patronize it know how to move through the site and find parking. At the last meeting, there was an item that the Planning Commission appeared ready to waive up to seven parking spaces for a business in the middle of Balboa Peninsula, which has truly overwhelming parking problems. I am very happy to approve this without any restrictions on lunch as that is an essential part of the business. I think the private dining area should remain open because there is no other acceptable area to have business/party lunches. Chairperson Kiser asked staff if this was to be approved tonight, is it possible to condition it for a follow-up traffic study commissioned by the City in an appropriate time in the future to see if there are any problems? Ms. Temple answered that the Commission has required 're-review' requirements. One alternative would be to require that the use permit come back for a review in six months after the restaurant goes into operation. At that time staff could look at it and the Commission could determine whether some additional efforts in that area are warranted as opposed to requiring them to spend the money. If there is no problem, then the Planning Commission could find that the waiver was appropriate. Commissioner Tucker asked: • Do we need the condition that specifies that all employees park on site? For the daytime we could strike this condition. • Rather than bring the whole permit back, I would restrict the use of the private dining during the lunch time hour. The applicant can come back to us if he believes that there is no parking problem with an update of the parking study that justifies the removal of that restriction. • He then asked for and received the new calculations of the deficiencies from staff. • By restricting the private dining area then at 1 per 40 the deficiency would be down to 9 spaces. Ms. Temple answered: • It is a standard condition. However, there is on-street parking on Sherington that could be used. Our concern would be the extent to which the employees becoming used to parking there would impact the apartment tenants nearby. 7 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX Commissioner Agajanian noted: • The restaurant would be a good contribution to the City, especially in that location. • I have problems with the parking and agree that we could approve this with the restriction of no lunch service initially. • We can come back later and go ahead and remove the criteria for no lunch if it proves to be no problem. • This would be easier than approving the lunch service and in six months down the road finding that perhaps the parking is very bad. it would be hard to say to the applicant that he could not have lunch service. • In terms of restricting the private dining area, that is too small an impact. Four spaces of the 13 deficient is too small to support this as an alternate solution. • I would approve this tonight with condition 5 to limit the lunch with the possibility of reconsideration. Commissioner McDaniel noted his agreement with the previous statements adding it is unfair to the other tenants who have complied with the parking. It is for the applicant to prove there will not be a negative impact. From recent personal experience, adding a restaurant can make it difficult for those people looking for parking spaces. Chairperson Kiser noted that this is an important use but is concerned about the parking along the street. There is quite a bit of congestion. I would vote for this application but only if there was a condition that in this area through the mid day either the out door seating or the private dining area would be closed. Secondly, that we have a condition that nine months offer the restaurant opens, the Planning Director would review parking out front and that the use permit could be further conditioned at that time if warranted. The only other suggestion would be to, as discussed earlier, move the western ABC fence as far as possible to the east, and allow service to the outdoor patio but reduce that outdoor patio area, and that there would be no seating or tables or service of any kind in the area that is referred to as outdoor service/garden. At Commission inquiry, staff noted that the square footage of that outdoor dining area in excess of 25% of the interior net public area is considered for parking, which is 390 square feet or 10 parking spaces. Commissioner Tucker noted that we are down to a small variance and if the applicant wants to come in and change something later, he can. We are pretty close to being where we need to be. I am supportive of this application with that change. Commissioner Selich noted he agrees with Commissioner Tucker. I am familiar with what goes on at this site as my dentist is there. The restaurant is not going to cause any problem. On moving the fence over, that would create a less desirable space. It would be a nicer space if it was left open with landscaping s 2R City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX and sculpture. 1 suggest leaving the fence where it is. Chairperson Kiser noted this should come back not for just the parking study numbers, but if experience shows that if there is a problem it could be taken care of. Commissioner Agajanian stated he would agree with closing the outdoor seating area during lunch. This would alleviate the lunchtime parking deficiency. Commissioner McDaniel noted his support of bringing this application back with some real data but he is not going to vote for this if there is not some way to have this reviewed again. Motion was made by Commissioner Gifford to adopt Resolution No. 1570, approving the requested Use Permit No. 2002-025 (PA2002-117) with changes to some conditions: • Remove condition 6 requiring all employees shall park on-site. • Add a condition specifying there will be no table/chairs and no service by the restaurant in the area between the indoor dining area and the terrace. • Add a condition that the private dining room be closed at lunch. • Add a condition that the Planning Director in nine months review the parking situation and either recommend further restrictive action or no action should be taken or that the condition with respect to the private dining room being closed at lunch be removed. Chairperson lGser noted: • The applicant offered to have either the inside private dining area or the outdoor seating closed during lunch during inclement weather. Public comment was opened. Mr.Gaffney agreed that the idea would be to have the flexibility. Public comment was closed. Commissioner Gifford noted she would amend her motion to include the alternative. Ms.Temple clarified: • Condition one shall read, 'The development shall be in substantial conformance with the plot plan dated July 23, 2002, and the floor plan received on August 22, 2002,as approved by the Planning Commission. • A new condition with regard to the new area, 'The area labeled outdoor service/garden shall not be used for seating, waiting or any form of food or beverage service. • Condition 5, the hours of operation shall be from 11:00 a.m. to 10:00 p.m. dally except as limited by other conditions. • A new condition that, the private dining area or the outdoor seating area on the plan shall be closed off and not used from 11:00 a.m.to 3:00 p.m.at 9 1 City of Newport Beach Planning Commission Minutes August 22, 2002 INDEX the election of the applicant. • Eliminate condition b. I The maker of the motion agreed. Commissioner Tucker asked that the word be changed to site plan instead of plot plan because that is what the document is called and strike the reference to elevations in condition 1. The maker of the motion agreed. Ayes: McDaniel, Kiser, Gifford, Selich, Tucker Noes: Agajanian SUBJECT: Poag Residence Item 3 3210 Seaview Avenue PA2002-088 w VarlaNe to exceed allowable floor area to establish a 1,857 sq. ff. maximum floor Approved area, fora lot with zero floor area permitted. Included is a Modification for setback: 1 foot into e side yard opposite the alley (roof eaves an additional 18 inches); 17 feet into the nt yard facing Seaview (roof eaves an additional 18 inches), 7 feet into the rear yar additional 11 inch encroachment for the chimney). Chairperson Kiser ask for and received an explanation of the wording of the resolution in Section 3 a. tall answered that this portion was discussed as part of the analysis and does not d to be carried forward into the findings. It was agreed that it is to be stricken the resolution. Commissioner Selich noted that one°oaf the plans showed the adjacent residence as application pending. What application is that, and the analysis was based on reasonable setbacks, do we have any instances of other half lots where we have gone beyond the reasonable setback analsysis for approvals? Mr. Campbell answered that application was submitted approximately two weeks ago and is a variance for floor area and modificatioqof the rear yard setback. It is similar to this application and will probably be presented to the Planning Commission in October. t Ms.Temple answered: • Reasonable setback mode of analysis has only been used%lastuple of years. • There was one on Balboa Island that was the rear half oot and there may have been others where the analysis was done more •mow the building to land ratio style as opposed to the reasonable setbacks. • There was some moderation to what that number would represent. I dori't,, 10 sO Alk CITY OF NEWPC 0M BEACH Hearing Date:W August 22,2002 PLANNING DEPARTMENT Agenda Iteral: 2 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham c�+spaN'T NEWPORT BEACH,CA 92658 (949) 644-3200 (949)6443200;FAX(949)644-3229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT: Capri Blu Ristorante(PA2002-117) FILE COPY 1617 Westcliff Drive V SUMMARY: Request for a Use Permit to allow an Eating and Drinking Establishment and to authorize the sale of alcoholic beverages for on-site consumption pursuant__ to the Alcoholic Beverage Outlet Ordinance (ABO) located within the Westcliff area The application also includes a request for a parking waiver. ACTION: Adopt the attached resolution approving Use Permit No. 2002-025. APPLICANT: Giuseppe Vitiello 45 Palatine,#245 Irvine,CA 92612 PROPERTY OWNER: Rettig Chiropractic Office, Inc. 1617 Westcliff Drive Newport Beach, CA 92660 LOCATION: 1617 Westcliff Drive LEGAL DESCRIPTION: Lot 7,Tract 4225/APN 117-631-19 GENERAL PLAN: Administrative,Professional&Financial Commercial ZONING DISTRICT: Administrative,Professional&Financial Commercial(APF)District l YAR VICINITY MAP Subject Property 0 200 400 tt t � s r5 Feet VICINITY MAP wg S Use Permit No. 2002-025 (PA2002-117) 1617 Westcliff Drive Current Commercial retail and office building. Development: To the north: Multiple-family residential across Westcliff Drive. To the east: Banks and office building across a private drive. To the south: Multiple-family residential across Sherin on Place. To the west: Commercial retail and office building. Capri Blu Ristorante(PA2002-117) August 22,2002 Page 2 of 10 Site/Proiect Overview The proposed restaurant would be located within vacant space on the first floor of a retail and office building, and proposes to convert a portion of the existing patio area to outdoor dining. The restaurant will consist of 1,976 square feet of dining area (1,236 sq.ft. interior and 740 sq.ft. patio), 1,000 square feet of kitchen/service area, and will have a total of 94 seats for dining of which 20 are located in the outside patio area. The applicant is also requesting full alcoholic beverage service (Type 47 license). The indoor portion of the restaurant will occupy space previously occupied by a pharmacy. Analysis The proposed restaurant is classified as an Eating Drinking Establishment - Full Service, Low Turnover, and requires approval of a use permit. Also, the applicant is requesting a new Type 47 Department of Alcoholic Beverage Control license to permit the on-site consumption of alcoholic beverages in conjunction with the restaurant. In accordance with Section 20.89.030A of the ABO, a new use permit is required for any new alcoholic beverage outlet. In addition, the proposed restaurant is located within a commercial retail and office building that was developed in accordance with the parking requirement for retail and office uses; the restaurant use will require more parking, thereby requiring a parking waiver. General Plan The City's General Plan designates the site as Administrative, Professional & Financial Commercial. The Administrative, Professional & Financial Commercial category is applied to areas that are predominantly used for office, but also include support retail and service uses, including restaurants. Therefore, the applicant's request is consistent with the General Plan designation. Hours of Operation The applicant is requesting a full service restaurant for lunch and dinner operations (no breakfast service), and proposes hours of operation to be from 11:00 am to 11:00 pm Monday through Sunday. These hours are generally consistent with the operating hours of a full service lunch and dinner restaurant. However, staff is recommending a modification to these hours (see discussion under "Parking" below), and the Police Department has recommended that the closing time be 10:00 pm. Alcoholic Beverage Outlet Ordinance 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: Capri Blu Ristorante(PA2002-117) August 22,2002 Page 3 of 10 33 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 county-wide average. 4. The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 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 restaurant is a full service dinner house and the sale of alcoholic beverages is a typical ancillary use of such establishments. The APF District includes provisions for restaurant uses subject to approval of a use permit, and the restaurant can be viewed as complementary to surrounding retail and office uses. Therefore, it can be argued that the restaurant with on-sale consumption of alcohol furthers the public convenience or necessity as alcohol service is typically expected with a full service restaurant. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of which 2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two Crimes that include alcohol related arrests. The project site, located in the Westcliff area, is located within Police Reporting District No; 28. During 2001, the number of Part One Crimes in RD No. 28 was 127 and the number of Part Two Crimes was 102. Adjacent Reporting Districts are Nos. 26 and 29. RD No. 26 had 141 Part One and 162 Part Two Crimes; and RD No. 29 had 40 Part One and 64 Part Two Crimes. The number of total crimes reporting within RD No. 28 is between the surrounding RD's. Even though the 229 total number of crimes within RD No. 28 is slightly higher than the Citywide average of 211, the number over the Citywide average is 8.66%, and is not near the 75%d threshold as outlined within City Council Policy No. K-7, which would deny a finding of public convenience or necessity for a bar or nightclub; and the Police Department has no objections to the proposed restaurant use. Over Concentration. Due to the request for on-site consumption there is a net increase of one license within RD No. 28. There are a total of 8 active ABC licenses within RD No. 28 as compared to 12 in RD No. 26 and 0 in RD No. 29.The census tract within which the restaurant is located has a lower ratio of liquor licenses when compared with the average ratio for Orange County, and as noted by the Police Department report, the requested on-sale alcohol license is not expected to generate additional crime problems in the area due to the nature of the business. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental. Capri.Blu Ristorante(PA2002-117) August 22,2002 Page 4 of 10 S Alcohol Related Crimes. The Police Department only tracks driving under the influence and plain drunk arrests as alcohol-related. There were 4 driving under the influence arrests and 16 plain drunk arrests within RD No. 28 in 2001. This amount of alcohol related arrests constituted 1.14% of the total recorded within the entire city, in which alcohol related arrests accounted for 48.75% of all arrests. The alcohol-related arrest rate in the two adjacent reporting districts is 3.9% for RD No. 26 and 0.6% for RD No. 29. (A map of the reporting districts is included in Exhibit No. 4.) The alcohol related arrest rate within RD No. 28, within which the project is located, is slightly higher than RD No.29 and lower than RD No. 26, and is considerably lower than the city-wide average. 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 the Westcliff area, which is characterized by commercial retail and office uses. Multiple family residential exists on the north side of Westcliff Drive and on the south side of Sherington Place. In addition to the street separation, parking lots exist between the use and the streets, providing additional separation. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application. The Police Department recommends that the hours of operation be restricted to close at 10:00 pm due to the proximity to the residential to the north and south (applicant requested a closing time of 11:00 pm). A condition (No. 5) has been included in the draft resolution requiring the restaurant to close at 10:00 pm. Entertainment and Dancing The applicant has stated that he does not intend to have live entertainment or dancing at the restaurant, and a condition (No. 7) has been included in the draft resolution prohibiting entertainment and dancing. Parking The proposed restaurant is located in an existing office and retail commercial building, and will occupy a suite previously occupied by a pharmacy. The parking rate for a full service, low- turnover restaurant is within a range of one space for every 30 to 50 square feet of public area. The applicant proposes a total of 1,976 square feet of public dining and bar area (1,236 square feet in the building and 740 square feet in an outside patio area). In addition, the Code permits a reduction in the interior public space by 25% when patio dining is proposed. Therefore, the Code requirement for parking would be based on a public area of 1,667 square feet, and would result in a parking requirement within a range of 34 to 56 spaces. As noted above, the space to be occupied by the restaurant was previously occupied by a pharmacy, which occupied 2,236 square feet. The parking requirement for the pharmacy is computed at a rate of one space for each 250 square feet of floor area, resulting in a requirement for 9 spaces. Therefore, the restaurant requires 25 to 47 spaces more than the previous retail use within the same space. Capri Blu Ristorante(PA2002-117) August 22,2002 Page 5 of 10 S,5 The property within which the restaurant is proposed to be located consists of several retail and office uses. The parking requirement for the entire site is outlined in the following table: Medical Clinic 6,364 (+5 empl.) 1/250 + 1 space per empl. 30.456 Retail 1,599 1/250 6.396 Hair Salon 2,140 1/250 8.560 Office 16,542 1/250 66.168 Personal Trainer 684 1/600 1.140 Storage 3,628 1/2,000 1.814 'fir{• Restaurant 1,667 1/30 to 1/50 in pub. area 33.340- 55.567 Totals 32,624 147.874-170.101 The existing parking for the property consists of 132 spaces (124 standard spaces and 8 handicapped spaces), located in three separate areas to the north, east and south of the building. The north parking lot is configuredwith a drive-through aisle that is shared with the adjacent commercial parking lots located to the west. The project will result in a parking deficiency of 16 to 39 spaces (depending on the parking code range used for the restaurant use). In reviewing the requested waiver of parking, staff considered both parking observations of the site (by both the applicant and by staff), and a parking study prepared by the applicant's parking consultant. With respect to field observations, staff visited the site on several occasions at various times during the day. Generally, it was observed that the parking lot along the north side of the building was about half full during the morning and late afternoon periods, and reaches full capacity at about 11:30 am, and remained so until about 2:00 pm. The parking to the east and south of the building remained about half full throughout the day. However, it is noted that the field observations were conducted by staff after the pharmacy was no longer in business and the space to be occupied by the restaurant was vacant. To support his request, the applicant had a Parking Study prepared by a traffic and parking engineering firm. The parking study is attached as Exhibit 5. The study summarized that there would be sufficient parking available, but that the parking lot would reach near or full capacity during the noon time peak hours. In making its conclusion, the parking study noted that there is existing on-street parking along the south side of Sherington Place (there is no on-street parking along Westcliff Drive). The applicant's parking study was reviewed by the City Traffic Engineer, and his report is included as Exhibit 6. City Traffic Engineer notes that the conclusions of the Parking Study are somewhat problematic in that the noontime peak, especially Fridays, will result in the lot approaching 90% full,resulting in traffic waiting for vacant spaces and blocking traffic within the lots. The situation is further complicated by the design of the south lot where most of the spaces are located. That lot is configured with no internal circulation between drive aisles - vehicles must exit onto Sherington Place to go from one aisle to the another. City Traffic Engineer concludes that the parking lot may result in "failure" during the noontime peak. Capri Blu Ristorante(PA2002-117) August 22,2002 Page 6 of 10 3� In addition to the concerns raised by the City Traffic Engineer, staff noted two additional concerns relative to the parking: 1. The north parking lot shares access and circulation with the parking for the adjacent commercial uses to the west. A shortage of parking, particularly during the noontime peak hours, could adversely impact the parking for the businesses in the adjacent buildings; and 2. There is no on-street parking along Westcliff Drive, and the parking along Sherington Place is restricted to the south side only -- that parking is separated by the lot located to the south of the building, and it is noted that the restaurant is located on the north side of the building,providing even further distance to the on-street parking: In order to grant a parking waiver, Code Section 20.66.100 requires that one or more of the following conditions be met: 1. "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 no on-street parking along Westcliff Drive, and the on- street parking along Sherington Place is located over 300 feet from the restaurant entrance. 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 is characterized by a number of retail and commercial uses. Those uses are generally closed in the evening hours during which time the restaurant will have a peak use(6:00 pm to 9:00 pm. However, during the noontime peak hours, the restaurant use will compete with the other uses on the site and adjacent properties, and is likely to result in parking deficiencies. Therefore, while this condition can be met for the evening hours, it will likely not be met during the noontime peak hours. 3. "A parking management plan for the site has been approved by the Planning Commission..." A parking management plan has not been prepared for the site and surrounding properties. There is little potential for the property to share spaces with the uses to the west, and as noted above, the project is likely to have an adverse impact on the properties to the west, especially during noontime hours, since there is shared access and circulation to the parking lot along the Westcliff Drive frontage. During staff's field observations, it was noted that the parking lot for the property to the west was at or near capacity, and restaurant patrons are likely to utilize the adjacent parking due to its proximity and visibility. Capri Blu Ristorante(PA2002-117) August 22, Page 7 of 10 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 parking standard for restaurants has been utilized for a long period and appears to meet the demand. Even calculated at the lower range (one space for every 50 square feet within the public area), results in the parking lot with a 23-space deficiency. In addition, staff notes that the parking calculations (see Table above) are predominately at the lower office and retail use, and include a considerable amount of space at the storage rate. Conversion of the storage space to retail or office use could result in a requirement for 13 additional parking spaces. Staff also considered the possibility of decreasing the amount of dining area to be used during the noontime hours in order to bring the entire site into conformity with the parking requirements. However, to do so would require cutting the public dining area by 800 to 1,170 square feet during the lunch service. The design of the restaurant makes it difficult to cut the public space, and it would be very difficult to monitor and enforce such a requirement on a daily basis. Finally, staff notes that most of the parking demand on the site is generated by the office uses (67 parking spaces), and by the medical clinic (31 spaces). Nearly all of the office uses are closed on weekends, and the medical clinic operates at a decreased level during Saturdays and is closed on Sundays. Similar to evenings, there will be more parking available during the noontime hours on weekends. Therefore, staff recommends that the restaurant be allowed to operate a lunch and dinner schedule on Saturdays and Sundays. In summary, in staff's opinion none of the four conditions can be met by the project as requested by the applicant (lunch and dinner service, seven days per week). However, if the lunch service were eliminated on weekdays, it is possible to meet Condition No. 2 in that there is non- simultaneous use during the evening peaking hours of the restaurant at which times the offices, medical clinic and personal trainer uses are either closed or at minimal demand. Restaurant Design 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. Capri Blu Ristorante(PA2002-117) August 22,2002 Page 8 of 10 3g Development Standards Site: Site shall be of sufficient size and configuration to satisfy Partially Complies. The site is 1.6 acres and is developed all requirements for off-street parking,setbacks,curb cuts, with an approximately 32,000 square foot.retail and office walls, landscaping and refuse storage as provided by commercial building. The site and parking provided could Section 20.82.040.of the Municipal Codeaccommodate a restaurant use for evening use in that the re is a sharing of parking due to the staggered hours of the various .uses within the building complex; however, there may be a shortage of parking during the noontimepeak hours. Setbacks: The City may establish more restrictive setbacks if it is Complies. The proposed use will be within an existing determined that it is necessary or desirable for the office/retail building which provides a minimum of 15-foot protection of the public health,safety or welfare or to insure setback from the front property fine.The site is also separated the compatibility of uses on contiguous propetties. from nearby uses by Westcfiff Drive,Sheringum Place and a private drive to the east. More restrictive setbacks are not necessary in stuffs opinion. Off-Street Parking: Off-street parking in accordance with the provisions of Partially Complies. The site provides 132 parking spaces for _. . - Chapter 20.66 of the Municipal Code all uses. A perking study prepared for the project and City Traffic Engineers evaluation of the study indicates that adequate parking will existduringthe late afternoon and - -- - - evening peaks,but that adequate parking may not be available - - - - during the noontime peak boors. Circulation: Parking areas and driveways to facilitate traffic and Partially Compiles. The traffic circulation has been reviewed circulation of vehicles on and around the facility and in by the City Traffic Engineer and he notes potential circulation provide adequate sight clearances. problems during peak noontime operating periods when the rear parking lot hears capacity due to the lack of internal circulation within that lot. Cars entering a drive aisle with no available parking will be required to exit back onto the sheet in order to access another drive aisle,thereby adding to on-street traffic. Walls.: A solid masonry wall 6 feet high shall be erected on all Waiver. The site is adjacent to an existing commercial interior property Ines of the subject property.Walls 3 feet building to the east,and the parking located to the west backs in height shall be erected between the on-site parking areas directly onto a private driveway. The property improvements and the public right-of-way. are existing and the 3-foot high screening does not exist along Westchff Drive and Sherington Place. Staff recommends waiving the 3 foot high well requirement. Landscaping: 10`Yo of entire site, 3 footwidelandscape arca shall be Waiver. The required landscaping exists along the street providedto screen the parking arca from the public right-of- frontages and there is ample interior site landscaping. way. A 3 foot wide landscape area adjacent to the interior However,the property is constructed with the parking located property lines shall be provided. to the east backing directly onto a private driveway, anda commercial building existing to the west, preempting the inclusion of a 3-foot wide planter in those locations. Staff recommends waiving the 3-foot landscaping along the east and west property lines. Lighting: Parking lot and site illumination height and intensity; to Complies.The property is developed and the fighting appears minimize the reflection of lights to the streets and adequate as currently exists and does net pose problems with neighboring properties. glare onto surrounding properties. No additional fighting is proposed in conjunction with.the proposed food uses. Utilities Ali utilities required to be undergrouided. Complies The project site is existing and is served by underground utilities. Supply Storage Supply stma e to be contained within a building. Co lies. No outdoor storage of supplies is permitted. Refuse Storage Refuse storage outside of a building shall be hidden from Complies Trash storage areas are located within an enclosed view by a solid masonry wall 6 feet in height with self- refuse area located at the rear of the existing building. lm ng gates. - - 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). Capri Blu Ristorante(PA2002-117) August 22,2002 Page 9 of 10 39 Conclusion In staff's opinion the requirements and findings of the ABO can be met. However, given the potential adverse impacts of the restaurant on parking and traffic during the noontime weekday peak operating hours, staff is recommending that the restaurant be limited to dinner hours only during the week. Therefore, the draft resolution includes findings and a condition limiting the use to between the hours of 3:00 pm and 10:00 pm, Monday through Friday. If the Planning Commission concurs with staff's evaluation, it would be appropriate to adopt the attached draft resolution of approval included as Exhibit No.1. The Commission has the option to approve the request as proposed by the applicant that permits the restaurant to operate for both lunch and dinner, in which-case it would be appropriate-to- modify ppropriate to"modify the draft resolution to revise the finding relating to parking and to revise Condition No.5- relating to hours of operation. The Commission could deny the project, in which case staff has prepared draft Findings for Denial, which are included as Exhibit No. 2. Submitted by: Prepared by: PATRICIA L.TEMPLE WILLIAM CUNNINGHAM Planning Director Contract Planner Exhibits 1. Resolution No. 2002-_;findings of approval and conditions 2. Findings for Denial 3. Police Department report 4. Reporting District Map 5. Parking Study Report 6. City Traffic Engineer's report 7. Project Plans Capri Blu Ristorante(PA2002-117) August 22,2002 Page 10 of 10 40 Attachment No. PC 3 Parking Demand Analysis for Westcliff Plaza TO BE PROVIDED 41 V� QP �P Attachment No. PC 4 Project Plans 43 V� QP �P PA2014- 157 Attachment No. PC 4 - Project Plans DRAWING INDEX 0 0 0 CONDITIONAL USE PERMIT AMENDMENT FORE RESTAURANT AT 000 000 000 000 Www 1617 WESTCLIFF NEWPORT BEACH :E C10 DRAWING TITLE q) q) q) is CUP-1 TITLE SHEET CUP-2 ALTA SITE SURVEY CUP-3 PROPOSED SITE PLAN CUP4 (E)AND PROP.RESTAURANT PLAN PROPOSEDRENOVATION CUP-5 PROPOSED LEVEL 2PLAN low Now ABBREVIATIONS 8 AND FL FLOOR PSF POUNDS PERSQ UARE FOOT AT FLASH FLASHING PSI POUNDS PERSQ UARE INCH i d PENNY FLUOR FLUORESCENT PT POEM - t ° ANGLE FOC FACE OF CONCRETE PTDF PRESSURE TREATED DOUGLAS •a.. b 1 PERPENDICULAR FOP FACEOFFINISH FIR d - FOM FACE OF MASONRY AIC AIR CONDITIONER I FOP FACE OF PLYWOOD Q QUARTZ CONDITIONING FOS FACE OF STUDS QT QUARRY TILE - *AI Ar AMMMENAM IJP '` AS ANCHOR BOLT FOW FACE OF WALL QTY QUANTITY ABV ABOVE FP FIREPROOF;FIREPLACE AC ASPHALTIC CONCRETE FT FOOT OR FEET R RISER AD AREA DRAIN FTG FOOTING RAD RADIUS ADA AMERICANS WITH DISABILITIES FURR FURRING RCP REFLECTED CEILING PLAN ACT RD ROOF DRAIN - - ADJ ADJUSTABLE I ADJACENT GA GAUGE REF REFERENCE;REFRIGERATOR AFF ABOVE FINISHED FLOOR GALV GALVANIZE(D) REG REGISTER AEG ABOVE FINISHED GRADE GC GENERAL CONTRACTOR REINE REINFORCE(D) AFS ABOVEFINISHEDSLAB GL GLASS I GLAZING REQ REQUIRED ALIALUM ALUMINUM GR GRADE REV REVISE I REVISION ALT ALTERNATE GYP GYPSUM RFL REFLECTED ANOD ANODIZED GYP BD GYPSUM BOARD RH RIGHT HAND;ROUND HEAD AP ACCESS PANEL RM ROOM APPROX APPROXIMATELY HB HOSE BIB RD ROUGH OPENING ARCH ARCHITECT(URAQ HDR HEADER RWD REDWOOD ASPM ASPHALT HDWR HARDWARE ASTM AMERICAN FOR S SOUTH EXISTING CONDITION TESTING MATERIALS HORI HORIZONTAL HORIZ SCHED SCHEDULE AUTO AUTOMATIC HP HIGH POINT;HORSEPOWER SO STORM DRAIN AVG AVERAGE HR HANDRAIL;HOUR SECT SECTION •` {,� - HT HEIGHT SF SQUAREFEEF BD BOARD HTR HEATER BHT SHEET BET BETWEEN HVAC HEATING I VENTILATION I AIR SHTG SHEATHING �� "• t � BITUM BITUMINOUS CONDITIONING SHWR SHOWER BLDG BUILDING HW(R) HOTWATER(RETURN) SIM SIMILAR BLK BLOCK SMACNA RE:THE ARCH SHEET METAL BLKG BLOCKING ID INSIDEDIAMIEER MANUAL BN BOUNDARY NAILING IN INCH I INCHES BOG SLAB ON GRADE BOT BOTTOM INCL INCLUDE(D)I INCLUDING SPEC SPECIFY I SPECIFICATION INSUL INSULATE I INSULATION SO SQUARE CAB CABINET INT INTERIOR SOFT SQUARE FEET CB CATCH BASIN SOIN SQUARE INCHES) CF CUBIC FOOT JT JOINT BB STAINLESS STEEL 1617 W E S T C L I F F Cl CAST IRON;CONTRACTOR ST STONE INSTALLED LAM LAMINATE(D) STD STANDARD CIP CONTIN ROL JOIE LAV LAVATORY BTL STEEL --� NEWPORT BEACH, CA CJ CONTROL JOINT;CEILING JOIST LB LAG BOLT STOR STORAGE • CL CENTERLINE LB(S) POUND(M) STRUCT STRUCTURE)STRUCTURAL CLG CEILINGd', - I' LF LINEAR FOOT(FEET) SUMP SUSPENDED �1 CLOS CLOSET LH LEFT HAND SYM SYMMETRICAL � q � JOB NO.1380 CLR CLEAR LIB LIBRARY SYN SYNTHETIC CMU CONCRETE MASONRY UNIT LP LOW POINT SVS SYSTEM ( ?' CO CLEWCLEAR OUT LT LIGHT I - I - ,-,� ,�:. - VICINITY MAP (1) NOT TO SCALE SANTA BARBARA OFFICE COL COLUMN "� I , ( b�i .• SB90 E zoocurtneRE PLAZA LANE LVR LOUVER T&B TOP AND BOTTOM '� •'• F[80516132-7001 T[8051 SANTA BARBARA,CA 93105 CONIC CONCRETE T8G TONGUE AND GROOVE I YIR\ CONST CONSTRUCTION MACH MACHINE TBD TO BE DETERMINED f'iF f^I�7rpeF Pari[ � ' , CONT CONTINUOUS MAINT MAINTENANCE TBS TO BE SELECTED rF^ CORR CORRIDOR MAS MASONRY TEL TELEPHONE A fi -.y Ln r CULVER CITY OFFICE CSK COUNTERSINK MATL MATERIAL TEMP TEMPORARY I TEMPERATURE - --- v b 3834 WILLAT AVENUE DBL DOUBLE MAX MAXIMUM THK THICK - �- __ __ _ �J CULVER CITY,CA 90232 - h �t S H U B I N DONALDSON HITECTS INC . T[3101204-0219 MB MACHINE BOLT THRU THROUGH - `---- _ -` 4°: F[310]204-0219 DEMO DEMOUSH;DEMOLITION MECH MECHANICAL TOC TW OF CONCRETE Arr OF DOUGLAS FIR MEMB MEMBRANE TOM TOP OF SLAB _ _ - _ TY----. _ _ 'N- f �Pf? �17 r DIA DIAMETER MEZZ MEZZANINE TOW TOP OFWALL - - - .. b `^ - - . .�+'h "" - �. -. -'.~ '¢f ICaIIfL]. ^;" � 9r1 DIAL DIAGONAL MFR MANUFACTURE(R) TY TELEVISION S y 9/30/2014 9:49:57 AM DIM DIMENSION MIN MINIMUM TYP TYPICAL A.� 41�•` I.I�I IJ PIaZ'f�. DIV DIVISION ' La Ca S'r Center - MR MISCELLANEOUS F 4@FlL2f DN DOWN MR MOISTURE RESISTANT UL UNDERWRITERS LABORATORY n C. ;` .Y Shopping `� _oONq m W DOWNSPOUT MTL METAL UNI UNFINISHED RAWN BY. SK DWG DRAWING UNFIN " - `` RP D a R (N) NEW UNO UNLESS NOTED OTHERWISE _. � "' _- _ _ y � � * No.C19207 (E) EXISTING N NORTH UON UNLESS OTHERWISE NOTED ' E EAST NA OR NIA NOT AVAILABLE IAPPLICABLE UPS UNINTERRUPTIBLE POWER - "� �. _ 'V 201 EA EACH EJ EXPANSION JOINT NIC NOT IN CONTRACT SUPPLY l� -- F { Ck 4 .7" RENEWAL 2' EL ELEVATION N01% NUMBER V VOLT - �- r F O ELEC ELECTRICAL NOM NOMINAL VB VAPOR BARRIER - - 1 r�7 1 O ELEV ELEVATOR NTS NOTTOSCALE VERT VERTICAL .A Xr '�' '� 4 '4 T DATE CONDITIONAL USE PERMIT ' - D OWNER APPROVAL F OAt-Y AMENDMENT EVER EMERGENCY OC ON CENTER VEST VESTIBULEJ- EN EDGE NAIL W OUTSIDE DIAMETER VGDF VERT [],[ICAL GRAIN DOUGLAS FIR 'f '� I RODU SIT 1'r{ ENG ENGINEER OFCI CONTRACTOR NST VIE VERIFY IN FIELD _ titi ,F ;�„ L ys ED EQUALLY) CONTRACTOR INSTALLED VNR VENEER _ -W� ` "' - - � i' �'t.` All ideas,designs,and plans indicated vel pe or represented usincon by these th the specified are owned by and are property ideas,Shubin+Donaldson EQPT EQUIPMENT OPG 1 OPENING VOL VOLUME -- - - _ Q. ," �y, � Inc.and were 11 be utl antl r any purp far use in connection with the spedper project. None insuch alddesigns,or plans EQUIP EQUIPMENT OPNG VTR VENT THRU ROOF -` >ti i. shall be used for any purpose whatsoever without the written permission of Shubin+Donaldson Inc. EST ESTIMATE OZ OUNCE _- _ -_ A+y }- BShubin+Donaldson Inc. EXIST EXISTING W WEST -- --"' pY EXP EXPANSION P PAINT(NUMBER-SEE SPECS) WI WITH --- r��t'N�f`51Y REV. DATE DESCRIPTION EXT EXTERIOR PED PEDESTAL WC WATER CLOSET �`PQ WITHOUT PER PERIMETER WC ' — NIP rF j 4a g, #Bob FAST FASTEN(ER) PERF PERFORATED WD WOOD Ba H'apItal 1 " Henry CUP 1 FAU FORCED AIR IT PERP PERPENDICULAR WE WIDE FLANGE _ 1C�feWS FBO FURNISHED BY OWNER PL PROPERTYLINE WH WATER HEATER _ Park - FCO FLOOR CLEAN OUT PLAS PILASTER WI WROUGHT IRON - yterlarl '�+ • FD FLOOR DRAIN PLYWO PLYWOOD N WINChurch _ #•j` FF FINISHED FLOOR POC POINT OF CONNECTION WP WATERPROOFING) Ia - "-11fC°fi '' �ryt �ddf�C°s' t5 FIR PAIR WET WORKPOINT FH FLAT HEAD FIG FINISHED RADE PRCST PRE-CAST WWF WELDEDWIREFABRIC Clay 3� : +7 FIN FINISH(ED) PREFAB PREFABRICATED ti . - - _ TITLE SHEET WI FIXT FIXTURE PROP PROPERTY YD YARD a7 C w Castaways Bayside Vil[E c far ca �- ace lu > Mobile Home P 4� PA2014- 157 Attachment No. PC 4 - Project Plans ALTA/AGSM LAND TITLE SURVEY ''QST U Sr 1617 WESTCLIFF DRIVE NEWPORT BEACH, CA VICINITY MAP W " SITE RESTRICTIONS: NO SCALE Q "N N o 0 SETBACKS: Z w O } FRONT - NONE PARKING SPACE TABLE V O STREET SIDE - NONE , m O W N SIDE - NONE TYPE OF SPACE TOTAL EXISTING CITY OFof HEIGHT - NONE REAR - NONE STANDARD 17 WESTCLIFF (84' WIDE PUBLIC RIGHT OF WAY) DRIVE NEWPORT oo UPPER NEWPORT Of w W N ZONE - CG (COMMERCIAL. GENERAL) HANDICAP 7 BEACH oaE= TOTAL 128 W W ~ � FLOOR' AREA RATIO N/A O a 0_ J p Ki PARKING REQUIREMENT - 1 STALL PER 200 S.F. P: x u x 3 W w m O 'm +I>J PACIFlC O O THE INTERIOR SQUARE FOOTAGE CANNOT BE Z z0 3 = j ro ¢ j o COAgr HWY. aQ O DETERMINED FROM THE EXTERIOR FOOTPRINT OF THE 00 o m O U ui a z 3 < a � 0 BUILDING(S); THEREFORE THE REQUIRED AMOUNT OF It U w aw �^ z w o o o rn PARKING STALLS HAS NOT BEEN SHOWN HEREON. LAND AREA: 0 w z 3 } - U w m z 0 N a x x z -THIS ALTA/ACSM LAND TITLE SURVEY IS FOR TITLE INSURANCE PURPOSES Q Q O O O 0 0 30 0 30 60 ONLY, NOT TO BE USED FOR CONSTRUCTION, DESIGN OR ENGINEERING FOR 0 p M � p M m o, � � 2 Z II FUTURE DEVELOPMENT OF THE SUBJECT PROPERTY.THIS ALTA/ACSM LAND Z M M M 48 w o _ ¢ � z ALL SITE RESTRICTIONS WERE OBTAINED PER THE CITY 67,962 SQUARE FEET w w U > o v w 0 it (n _J w IX ¢ cr w In it w In Of _ M w w w 0 TITLE SURVEY IS ALSO NOT TO BE USED FOR ASSESSING PROPERTY O M OF NEWPORT BEACH (:PLANNING DEPARTMENT). ANY 1.56 ACRES m z w U� WW WW w U � w w W � QUESTIONS REGARDING ZONE DEFINITIONS OR ¢ it O O ¢ n w O P w (nw c ¢ ¢ Ox w o VALUE-PER TERMS AND CONDITIONS OF JRN CIVIL ENGINEERS CONTRACT V) ff f WITH CLIENT(ACKNOWLEDGMENTS/REPRESENTATIONS SECTION). INTERPRETATIONS SHOULD BE DIRECTED TO: 3 u- o U 3 � 0 U o In m cn In m 3 U In cn N cis SCALE: 1 = 30 - N N O o N50'11'02"W -THE UTILITIES SHOWN HEREON WERE BASED ON OBSERVED EVIDENCE ONLY. Ld 00 PHONE NUMBER - (949) 644-3236 000' C) 00 - THE SURVEY WOULD NOT SHOW UTILITIES COVERED BY CARS/TRUCKS OR Of O 0 O O 0 O ZONING AND RESTRICTIONSSHOWN HEREON WERE RECENTLY PAVED ASPHALT/CONCRETE. OBTAINED BY A GENERAL REQUEST AT THE PUBLIC COUNTER OF THE ABOVE NAMED DEPARTMENT. NO REPRESENTATION IS MADE FOR THE ACCURACY OR (N50'10'30"W a COMPLETENESS OF SAID THIRD PARTY INFORMATION. N5011'02"W 9 3 235.95' �y THIS FIRM IS NOT AN EXPERT IN THE INTERPRETATION OF COMPLEX ZONING ORDINANCES, COMPLIANCE IS FD. NAIL & TAG L.S. 00 LEGAL DESCRIPTION: BEYOND THE SCOPE OF THIS SURVEY. ANY USER OF I 2312) PER LA 2002-031 PARCEL A: i*iI� N (� SAID INFORMATION IS URGED TO CONTACT THE LOCAL W O AGENCY DIRECTLY. i (� PARCEL 1, AS SHOWN ON THE MAP ATTACHED TO LOT LINE ADJUSTMENT LL 2002-031 I RECORDED JANUARY 31, 2003 AS INSTRUMENT NO. 2003000120678 OF OFFICIAL RECORDS Z N OO 23 PARKING STA 7 OF ORANGE COUNTY, CALIFORNIA. ISI HCA N - N a EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL -Z � n 7 9 O PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE W NOTES: p o N PARCEL B PER T.R. z I O I UTILITY NOTE: PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF i*i ~ CO -AS OUTLINED IN SECTION 8770.6 OF THE BUSINESS AND PROFESSIONS CODE "THE USE OF n VN--,,,. SCO a 00 DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING W Z W v THE WORD "CERTIFY" OR "CERTIFICATION" BY A LICENSED LAND SURVEYOR OR REGISTERED 0000) 00 THE UNDERGROUND UTILITY LINES J ARE APPROXIMATELY SHOWN THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR 0 U Q X CIVIL ENGINEER IN THE PRACTICE OF PROFESSIONAL ENGINEERING OR. LAND SURVEYING OR - vi N I DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, O Q T_ 17 _ I� HEREON PER AVAILABLE MAPS AT THE PREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS, OR OTHER SURVEYING 11 PARKING STALLS a LP (TYP) ., PA THE TIME OF SURVEY. OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE I� m LL DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING r PATIO' OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THE CERTIFICATION, AND DOES OVERHEAD AWNING I CONTRACTORS MUST VERIFY Q e • � NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER' EXPRESSED OR IMPLIED. 4 ' , LOCATIONS PRIOR TO DIGGING. W 1n DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND � Lw ao r `1 HSN HSN , THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,.. H -THERE WERE NO MONUMENTS FOUND OR SET AT THE PROPERTY LINE CORNERS UNLESS BUILDING 0.2' SE. 00 RAMP : - DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO r Z OTHERWISE NOTED. OF P.L.) /29; F 9 I DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 V - w O PA I k :. qqt -THE INFORMATION COURSES AND DISTANCES SHOWN ON THIS SURVEY PRINT ARE TRUE I NEIGHBORING BUILDING' OH r `� 7 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED BY THE Z AND CORRECT AND ACCURATELY REPRESENT THE BOUNDARIES AND AREA OF THE (3.8 NW. OF P.L.) :� 7 9 ° .I I •, ^ ,. OH PREMISES. / IN �. 3 IRVINE COMPANY, ET AL, IN DEED RECORDED NOVEMBER 12, 1993 AS INSTRUMENT NO. W Ld 00 -THERE IS NO VISIBLE EVIDENCE THAT THE SITE WAS USED FOR AS A SUMP, DUMP OR APN. 117-631-20 a % I "'I I 19930778948 OF OFFICIAL RECORDS. Q U PARTNERS AND L_-- - -L -- LO 04 - SANITARY LANDFILL. N% OH �; o N %m ¢ - N Z ^ -THERE IS NO VISIBLE EVIDENCE OF CEMETERIES ON SUBJECT PROPERTY. WESTCLIFF COURT LTD, N �a %n a SEWER CLEANOUT ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO /1078 �jjj w % I p 14 MATTER HOW ACQUIRED BY GRANTOR OR THE IRVINE COMPANY, AND OWNED OR USED BY Ir Q -ALL MEASURED AND RECORDED DIMENSIONS ARE THE SAME UNLESS NOTED OTHERWISE. BUILDING 0.1' SE. - o i INTERCEPTOR MANHOLES 3 GRANTOR OR THE IRVINE COMPANY IN CONNECTION WITH OR WITH RESPECT TO THE PARCEL N (n CO -AT THE TIME OF SURVEY NO EVIDENCE OF RECENT EARTH MOVING WORK, BUILDING �� w � OF P.L. /.., z o w OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE RIGHT AND POWER TO TRANSFER CONSTRUCTION OR ADDITIONS WERE OBSERVED. i 4.8i i BUILDING a L a SEWER CLEANOUT OR ASSIGN TO OTHERS, TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM -NO RECENT CHANGES IN STREET RIGHTS-OF-WAY WERE OBSERVED AT THE TIME OF NEIGHBORING BUILDING SURVEY. P.L.) I (GROUND AREA =15,880± SQUARE FEET) m SEWER CLEANOUT SAID LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON 0.1 NW. OF y^ J 0 ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR OR THE IRVINE COMPANY, WHETHER -THIS SURVEY HAS BEEN PREPARED FOR TITLE INSURANCE PURPOSES ONLY. THIS SURVEY TWO STORY STUCCO w z SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, BLOCK WALL NW FACE I BUILDING' 36.2' NW. DOES NOT CONTAIN SUFFICIENT DETAIL FOR DESIGN PURPOSES. THE BOUNDARY DATA AND THIS AREA SHOWN (HEIGHT 31'±) :M U PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, O.Y SE. OF P.L. / OF P.L. TITLE MATTERS AS SHOWN HEREON HAVE BEEN DEVELOPED FROM THE REFERENCED TITLE m: APPROXIMATELY I q� w HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND IN THE EXERCISE OF 1� REPORT, ONLY. v DUE TO LACK OF PARCEL 1 LLA-2002-031 4- a m SUCH RIGHTS, AS RESERVED BY THE IRVINE COMPANY, ET AL, IN DEED RECORDED >0 -THE RELATIVE POSITIONAL ACCURACY OF CALLED OUT IMPROVEMENTS SHOWN ON THE I PORTION LOT 7 ACCESS PORTION LOT 7 2ND STORY OVERHANG NOVEMBER 12, 1993 AS INSTRUMENT NO. 19930778948 OF OFFICIAL RECORDS. i*i SURVEY IS WITHIN +/- 0.1' OF THEIR ACTUAL LOCATIONS. TRACT NO. 4225 TRACT NO. 4225 %2.5 w (26.7' NW. OF P.L.) w -UNLESS THIS PLAN HAS THE SEAL AND SIGNATURE OF THE SURVEYOR AND/OR ENGINEER BOOK 153, PGS. 23 & BOOK 153, PGS. 23 & 24 j L O PARCEL B: RESPONSIBLE FOR ITS PREPARATION, THIS IS NOT AN AUTHENTIC COPY OF THE ORIGINAL OF MAP'S �� OF MAPS 4 m GAS METER SURVEY AND SHALL NOT BE DEEMED RELIABLE. 77•s� N NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED -COVENANTS, CONDITIONS, RESTRICTIONS, TERMS AGREEMENTS AND MATTERS LISTED I BUILDING 5.0' SE. OH 55.2' :n% o, 18.1'' + ¢ "DECLARATION OF ACCESS EASEMENTS" RECORDED NOVEMBER 20, 1991 AS INSTRUMENT HEREON CONTAIN NUMEROUS ITEMS THAT AFFECT THE SUBJECT PROPERTY, CONTENTS OF P.L. --- 'RAP SCW OH �� 41.5' 6 OH I m N0. 19910632703 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. MUST BE REVIEWED TO DISCERN SPECIFICS. a - a BLOCK WALL NW FACE �p -THE UTILITIES SHOWN HEREON WERE BASED ON OBSERVED EVIDENCE ONLY. THE SURVEY VI 0.1 SE. OF P.L, r OH AWNING 5 APN; 117-631-19 WOULD NOT SHOW UTILITIES COVERED BY CARS/TRUCKS OR RECENTLY PAVED PORTION LOT 8 ASPHALT/CONCRETE OR OVERGROWN BRUSH, TREE'S AND SHRUBS. VENT W GUARD POST O1 � ii.*ii -JRN CIVIL ENGINEERS ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF (2) EVT F 9 < 7 TRACT NO. 4225 W U ANY THIRD PARTY INFORMATION REFERENCED OR REPRESENTED HEREON, ANY OF SAID 1 r �' �N °O I BOOK 153, PGS. 23 & 24 J Z INFORMATION SHOWN HEREON HAS BEEN PROVIDED FOR INFORMATIONAL PURPOSES ONLY. I NEIGHBORING BUILDING �TVi w - - 1- 9 OF MAPS W (ON P.L.) I SN (TYP) oNt I ITEMS CORRESPONDING TO SCHEDULE "B" � U w OWING N P.L.) SE. FACE a APN: 117-631-21 L+1 w a � Y 00)j0 W WESTCLIFF PROPERTIES, LLC BY: FIRST AMERICAN TITLE INSURANCE CO. COMMITMENT NO. NCS-578278-SA7 _ w CONCRETE CURB SE FACE O o �- �j I 'p 5 FIRST AMERICAN WAY TITLE OFFICER - KRISTEN HUETER LL FLOOD NOTE: I 0.4 NW. OF P.L. M x- a F Z z ¢ a LO 14, M SANTA ANA, CA 92707 DATED: JULY 12, 2013 ® Q Or a a �� Y z a �U (714) 800-3000 J La] W ZONE - "X" PER FEDERAL EMERGENCY MANAGEMENT AGENCY MAP NO. 06059C-0269-J a y _ < JQ Z 0 cn RECORDED 12/03/2009. M �? a a Zn Q Z -w z ¢ _ _ Z Z I: THE FOLLOWING ITEMS WERE FOUND IN SAID COMMITMENT AND ARE REFERENCED ON THIS W ZONE "X" DENOTES AREAS SUBJECT TO MINIMAL FLOODING I MAP. COVENANTS, CONDITIONS, RESTRICTIONS, TERMS AGREEMENTS AND MATTERS LISTED 0[ Y HEREON CONTAIN NUMEROUS ITEMS THAT AFFECT THE SUBJECT PROPERTY, CONTENTS 0 MUST BE REVIEWED TO DISCERN SPECIFICS. d THE ABOVE STATEMENT IS FOR INFORMATION ONLY AND THIS SURVEYOR ASSUMES NO < Y a < ?E '' I Q LIABILITY FOR THE CORRECTNESS OF THE CITED MAP(S). IN ADDITION, THE ABOVE - Q ABUTTERS RIGHT OF INGRESS AND EGRESS TO OR FROM WESTCLIFF DRIVE HAVE to W Z STATEMENT DOES NOT REPRESENT THIS SURVEYOR'S OPINION OF THE PROBABILITY OF ,� -a a TYPICAL LEGEND: BEEN RELINQUISHED IN THE DOCUMENT RECORDED AS BOOK 5928, PAGE 528 OF r Z FLOODING. 80.00' a0 180.00' `N a a- 55.98 N OFFICIAL RECORDS. THIS ITEM AFFECTS THE SUBJECT PROPERTY AND IS PLOTTED ►f► O A.C. BACK OW DEVICE VI ASPHALTICCONCRETE HEREON. 0] BK. C FL j ; D PA i PA i PA i PA \ BK. - BOOK THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED v DI - DRAIN INLET MEMORANDUM OF AGREEMENT" RECORDED AUGUST 17, 1962 AS BOOK 6216, PAGE BASIS OF BEARINGS: N50"11'02"W o 235.98 I E. - EAST EVT ELECTRIC VAULT 887 OF OFFICIAL RECORDS. THIS ITEM AFFECTS THE SUBJECT PROPERTY, IS M - n (N50-10'30"W) FD. - FOUND BLANKET IN NATURE AND IS NOT PLOTTED HEREON. THE BEARING OF N 39'49'30" E ALONG THE SOUTHEASTERLY LINE OF PARCEL 1 PER N50'11'02"W FH - FIRE HYDRANT LOT LINE ADJUSTMENT LA 2002-031, RECORDED JANUARY 31, 2003 AS INSTRUMENT AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED - rj N0. 2003000120678 OF OFFICIAL RECORDS, IN THE CITY OF NEWPORT BEACH, FSV FIRE SERVICE VALVE GM - GAS' METER SEPTEMBER 23, 1963 IN BOOK 6728, PAGE 860 OF OFFICIAL RECORDS. THIS ITEM N COUNTY OF ORANGE, STATE OF CALIFORNIA, WAS USED AS THE BASIS' OF BEARINGS GP - GUARD POST AFFECTS THE SUBJECT PROPERTY AND IS PLOTTED HEREON. FOR THIS SURVEY. a a a a LA - LOT LINE ADJUSTMENT AN EASEMENT FOR PERPETUAL AIR OR FLIGHT, ALSO REFERRED TO AS "AVIATION Z 1=0 Ld N. w ¢ - LIGHT POLE 1 h H Q W N. - NORTH `/ RIGHTS", RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE. 721 OF OFFICIAL _ x 3 x NE. - NORTHEAST RECORDS. THIS ITEM AFFECTS THE SUBJECT PROPERTY, IS BLANKET IN NATURE J En o 0 0 o a NW. - NORTHWEST AND IS NOT PLOTTED HEREON. Q (� SURVEYORS CERTIFICATE: 3w J .. r, 3w OH - OVERHANG 31 a ¢ N O 0 N z _ N 0 N a PA - PLANTER AREA 7 THE TERMS, PROVISIONS AND EASEMENTS CONTAINED IN THE DOCUMENT ENTITLED TO BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, AND ITS > Ir In in Cr L� 0 (n it .. PG. - PAGE 0- "DECLARATION OF ACCESS EASEMENTS", RECORDED NOVEMBER 20, 1991 AS UJ M U w O II U II O II O 1 w J M P.L. PROPERTY LINE e SUCCESSORS AND ASSIGNS, AS LENDER, BWP WESTCLIFF ASSOCIATES, LLC, A Y z 0 0 z 0 z 0 z Y - INSTRUMENT NO. 1991-632703 OF OFFICIAL RECORDS. THIS ITEM AFFECTS THE - m o -0 O z Z O Z 0 z O -m o P.S. - PARKING STALL(S) O CALIFORNIA LIMITED LIABILITY COMPANY, AS BORROWER, AND FIRST AMERICAN TITLE a I O U Y Y 0 Y w U Y v a 0 I _ SUBJECT PROPERTY AND IS PLOTTED HEREON. C/) PSN PARKING SIGN INSURANCE COMPANY, AS TITLE COMPANY: w Uj o w z z o Ir o Ir �' 0 w • o o R. - RANGE M 0_ 0 o ¢ w J ¢ ¢ ¢ J ¢ o o COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS,. RECORDED NOVEMBER 12, U_c N w M > U a CL U.. a N U a 0.. w c N S. - SOUTH $ 1993 AS INSTRUMENT NO. 1993-0778947 OF OFFICIAL RECORDS, THIS ITEM II THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS SCO - SEWER CLEAN OUT AFFECTS THE SUBJECT PROPERTY, IS BLANKET IN NATURE AND IS NOT PLOTTED N BASED WERE MADE IN ACCORDANCE WITH THE 2011 MINIMUM STANDARD DETAIL SCW - SCREEN WALL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND SE. - SOUTHEAST HEREON. I m m ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 2, 3, 4, 6, 7(A), 7(B)(1), 7(C), S H E R I N G TO N (60' WIDE PUBLIC RIGHT OF WAY) PLACE SMH - SEWER MANHOLE S.F. - SQUARE FEET EASEMENTS, COVENANTS AND CONDITIONS, RECORDED NOVEMBER 12, 1993 AS 9 B, 9, 11(A), 13, 14, 16, 17, 18, 19, AND 20(A) OF TABLE A THEREOF. THE FIELD SN - SIGN INSTRUMENT N0. 1993-0778948 OF OFFICIAL RECORDS. THIS ITEM AFFECTS THE LLI Z WORK WAS COMPLETED ON JANUARY 2, 2013. Sw. - SOUTHWEST SUBJECT PROPERTY AND IS PLOTTED HEREON. Q H Q Y T. - TOWNSHIP ( Lr THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AGREEMENT N QO 0 DATE OF MAP OR PLAT: JANUARY 2, 2013 TE - TRASH ENCLOSURE T.R. - TITLE REPORT � FOR DRAINAGE ENCUMBRANCES" RECORDED DECEMBER 14, 2005 AS INSTRUMENT pNp► LAND TVT - TELEPHONE VAULT NO. 2005-1000007 OF OFFICIAL RECORDS. THIS ITEM AFFECTS THE SUBJECT - TYPICAL PROPERTY, IS BLANKET IN NATURE AND IS NOT PLOTTED HEREON.. f�RYLp.��G UTVYP') - UTILITY VAULT w oro W. - WEST ITEMS #'S SHOWN HEREON ARE STATED AS EXCEPTIONS ON ABOVE REFERENCEDIn * EXP. 12/31/2014 * y,M - WATER METER COMMITMENT. NO RESPONSIBILITY FOR THE COMPLETENESS, ACCURACY, OR CONTENT OF Ln AYS L:S. N0: 6379 No.6379 - WATER VALVE SAID REPORT IS ASSUMED BY THIS MAP. 14- - CENTER LINE JEFFERY L Z N EXP:12/31/14 Sp. Q - CONCRETE L-i o OF CUP -2 (XXX) - RECORD DATA PER LA 200-031 ALTA SITE SURVEY N 40 PA2014- 157 Attachment No. PC 4 - Project Plans WESTCLIFF DR. ` 0 PROPERTY LINE F] b o ITT ° Loi o L SL3 I � I � IINT LOT LINE - AREA OF RESTAURANT ' PLANTER PROPERTY LINE PATIO - - - - - - - - - - - - ' PEDESTRIAN EASEMENT ' z t i PLANTER _ I RETAIL 1 100A / \ I Q PLANTER UP PLANTER UP UP / Z PLANTER SECOND FLOOR — � n z OVERHANG OUTLINE W 00� OHO - ---------------------------------------------------- PLANTER PLANTER ' RESTAURANT 112 b y U - - I m a m�T 1 I RETAIL 2 1008 RETAIL 3 103 0 LOBBY 1 I r� SECOND ' FLOOR �X: ' ' OVERHANG OUTLINE SURGERY 106 RETAIL 4 105 RETAIL 5 07110 RETAIL 6 --- RETAIL 7 714 I I I I v v v v PLANTER UP I CPLANTER 1617 WESTCLI FF NEWPORT BEACH, CA JOB NO.ICE 1380 El 0-yJ SANTABARBARACUMBRA OFFICE 3890 LA CUMBRE PLAZA LANE STN. SANTAA BARBARA,CA 93105 T[805]682-7000 F[805]682-7001 CULVER CITY OFFICE INT LOT LINE - cuLVER c AVENUE 8 soz3z S H U B I N DONALDSON " �_ HITECTS INC . T[3101204-0616 F 1310]204-0219 9/30/2014 9:50:14 AM DO/Vq Its me $° DRAWN BY:Author * x No.C19207 30,02 9r RENEWAL TE DA �� CONDITIONAL USE PERMIT DF cA� F AMENDMENT OWNERAPPROVAL All ideas,designs,and plans indicated or represented by these drawings are owned by and are property of Shubin+Donaldson Inc.and were created and developed for use in connection with the specified project. None of such ideas,designs,or plans shall be used for any purpose whatsoever without the written permission of Shalom+Donaldson Inc. B Shubin+Donaldson Inc. REV.# DATE DESCRIPTION d CUP =3 N PROPOSED SITE PROPOSED SITE PLAN PLAN SCALE: 1/16" = 1'-0" 4 PA2014- 157 Attachment No. PC 4 - Project Plans SII I 12 13 14 15 16 17 18 19 12 13 14 15 II 16 17 18 �IIIII� —3"GAS I � r7 I-TFF 0- 0 O U O O O C O _ � _ _ _ I °o°o o°�° RESTUARANT/PUBLIC= 1,299 SF G°o° o°o° RESTUARANT/PUBLIC=1,015 SF RESTUARANT/PUBLIC=525 SF Y ail PLANTER RESTUARANT/PUBLIC= 1,034 SF \ RESTUARANT/PUBLIC= 160 SF D RESTUARANT/PUBLIC=448 SF D OUTDOOR DINING AREA (E)PLANTER— - — — — — — I_— -f 1, 599S.1 . I I I i I I III UP PEDESTRIAN EASEMENT - - - - - /I, O _ _- 77-- - - �- - - , - - - - K UP IIII O OUTDOOR DINING AREA OUTDOOR DINING AREA 215 S.F. 220 S.F. PLANTER I � � FuPrFq — � � Y GRAB-N-Go337 S. _ X00 000 O �� 112 DINING RM MARKET AREf _T A > Y IIII . .i t IIII - H - - L ^r + � INDOORDININ AREA _ - V Vr O 1�05> � O NUP ¢ CHEESES LU RETAIL AREAS=� V = ti 0 z of DIN cn a I VIII � � O &n ¢ RESTAURANT 112 53 S.F. DN d 1299 S.F. PRODUCT SHELVIN Ii < r - KITCHEN - — �. A Fr - - € w� S __J ° ` F UP o— — _ — — — F SCULLERY FRONT KITCHEN — MEN KITCHEN -OFFICE— "__/ AOCKERSIrnw- O III448 S.F. 1015 S.F. E I A E OM MEN WALK-IN DRY STORAGE COOLER I I O � I � O �O GAME RM WOMEN I I III PREP KITCHEN O71 STORAGE O (� 2°'G-AS O O [ I I I � II� OFFICE LM III I BLOCKED 2 WAT- - DOOR 1- - STORAGEI 1617 WESTCLI FF III I II NEWPORT BEACH, CA JOB NO.1380 - 111 RECEPIWAITING III LL SANTA BARBARA OFFICE STEPUP EXAM _ — — GYM P AREA _ =�GY�M.AREA o N �H� e`m ° 3 890 LA C UMBR E PLA Z A LA N E $TE.200 T[ 516827000SANTA RCA 93105 - F[051682-7001 CULVER CITY OFFICE WILLAT AVENUE— CUL0ERCIT6EA9oz3z RETAIL B RETAIL SHUBIN DONALDSON CHITECTS INC . 30lo & F[3101204-0219 H T 9/30/2014 9:50:18 AM EXAM EXAM OFFICE DONq� Its 77777777 1Q DRAWN BY:Author o o_c19207 UP O RENEWAL DATE CONDITIONAL USE PERMIT \ A DF CAl,\� AMENDMENT 0 0G0G0 0 0 O O0G O O O oGOO 0 G0O 0o0O 000 OWNER AP G o6 00G C 00 Go00000,00000G00G0o000O0o0o0o00Go0000 "oGoGG0oGGoG0, 00000000 GGOGOG0 G0GGGO 00 0 OGGOOO G G O GO O000 0 0 00 } ° Onon OG lnololonoQoo O All ideas,designs,and plans indicated or represented by these drawings are owned by and are property of Shubin+Donaldson Inc.and were created and developed faruse in connectiowiN n the specified project. None of such ideas,designs,or plans shall be used for any purpose whatsoever without the written permission of Shalom+Donaldson Inc. 0 Shubin+Donaldson Inc. REV.# DATE DESCRIPTION CUP =4 N EXISTING LEVEL 1 PLAN LEVEL 1 FLOOR PLAN (E) AND PROP. RESTAURANT PLAN SCALE: 1/8"= 1r-01' SCALE: 1/8" = V-10I PA2014- 157 Attachment No. PC 4 - Project Plans O1 ' 2 33' O 5 ( 6) O O O 10 11 12 13 14 15 16 17 18 19 K O O � I I I I I I I I I I I I I I I I 7 - - T - - � - - - - - - - - - - - - - O Cl ) H I I I I I I I I I I I I I I I - O - - - - - - - - O- O � G I I I I I I I I I I I I I I I DN F' SUITE 205 - O a - - - - I ,E f- -- - - - -1 - - - _n - - E' SUITE 203 203 Q O O —T--ELEVATOR SUITE 207 207 OWOMEN'S RESTROOM—1. i > MEN'S RESTROOM SUITE 201 20 — — — — — — D' SUITE 211 211 I I I I I I I I I I I I I I I ❑ i DN UP D SUITE 214 214 SUITE 202 H SUITE 204 204 SUITE 206 206 SUITE 208 208 SUITE 210 210 , O SUITE212 2 212 O O O - I _ - - - - - - - STAIRTO O (` MECHANICAL v TELL L� 0 1617 WESTCLI FF NEWPORT BEACH, CA -T JOB NO.1380 SANTA BARBARA OFFICE 3890 LA CUMBRE PLAZA LANE $TE.200 SANTA BARBARA,CA 93105 T[805]682-7000 F[805]682-7001 t 3834 CDLVER CITY OFFICE CUL W CITY,CA — — — — — — SHUBIN DONALDSON � HITECTS INC . T[3W1204-0s&EAsoz3z AF 1310]204-0219 9/30/2014 9:50:24 AM DO/Vq� Its DRAWN BY:Author * x No.C19207 L R LENS�AL � 9r DA E �� CONDITIONAL USE PERMIT FDF cA� F° AMENDMENT OWNERAPPROVAL All ideas,designs,and plans indicated or represented by these drawings are owned by and are property of Shubin+Donaldson Inc.and were created and developed for use in connection with the specified project. None of such ideas,designs,or plans shall be used for any purpose whatsoever without the written permission of Shubin+Donaldson Inc. B Shubin+Donaldson Inc. REV.# DATE DESCRIPTION N CUP =5 LEVEL 2 FLOOR PLAN PROPOSED LEVEL SCALE: 1/8"= 1'-0" PLAN 49 PA2014- 157 Attachment No . PC 4 - Project Plans LEVEL OI GLAZING LEVELOI GLAZING FRITTED GLASS SIGNAGEAT MAIN BUILDING ENTRIES STOREFRONT GLAZING SYSTEMS FRITTEDGIASS TEXTFME%MPIP FRIT PATTERN FROM INTERIOR LEVEL MFRWWDWADNOATSUc - ------------ CONCEPT RENDERING-NORTH FACADE AND RESTAURANT ALUMINW LOUVERS CLEAR ANODIZED ALUMINUM STOREFRONT AT LEVEL Ot IMTH FIN ELEMENT STAINED CEDAR STOREFRONTAT LEVEL 01 WINDOW SURROUNDS+ACCENT TRIM CEMENTITIOUS WALL PANELS LANDSCAPE PLANTING �II COR-TEM BTEEL YOUNG OLIVE TREES MEXICAN FEATHER GRASS SLUEFEUM EXTERIOR TILE SWISS PEARL-ONYX SVASSPEARL OPAL DAT GRMg AIMpXRUg 1EMP CEDAR 5101W STAINED TO MATCH IROPIW000 TAO GREY MRA BRUSHED TILE BABALT BIDNEANTIOLIE FI/A1E0 TIIE B U R N H A M W A R D FCASTAWAY ARCHITECTS INC. 0 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) W Po�l CITY OF NEWPORT BEACH �9 COMMUNITY DEVELOPMENT DEPARTMENT 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 cgi�FOR�'P (949) 644- 3297 Memorandum To: Planning Commission From: Brenda Wisneski, AICP, Deputy Community Development Director Date: December 1, 2014 Re: Supplement to December 4, 2014 - Agenda Item # 3 Amendment to Conditional Use Permit for parking (PA2014-157) 1617 Westcliff Drive Conditional Use Permit No. UP2014-044 Attached is Attachment 1, Draft Resolution and Attachment 3, Parking Demand Analysis for Westcliff Plaza to the December 4th staff report for the above referenced project. Additional time was needed to finalize the report, as requested by City staff. The Parking Demand Analysis has been reviewed and city staff is in agreement with its conclusions. The Analysis documents parking utilization based on existing uses, estimates required parking per the City's Zoning Code, and forecasts shared parking demand based on ULI's Share Parking Methodology. The following is a summary of existing conditions, required Code parking, and shared parking: Existing Conditions: • Field survey conducted between 6:00 a.m. and 9:00 p.m. on a typical weekday. • A follow-up count was conducted on November 25, 2014 at 11 a.m., (the expected peak hour of the shared parking evaluation). • The suite proposed for the restaurant is vacant, so counts do not reflect full occupancy. • Counts reflect peak demand of 79 parking spaces at 11 a.m., 49 spaces vacant. Code Required Parking: • Evaluates as "stand-alone" uses. Per Zoning Code, 147 parking spaces required, resulting in 19 space deficiency. Shared Parking: • Mix of uses result in lower parking demand overall. 1 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) • Approach using ULI Shared Parking Methodology reflects conservative results. • At full occupancy, peak weekday demand will occur at 11:00 a.m. with 138 spaces, resulting in a parking deficiency of 10 spaces. • Deficiencies are also forecasted at 10 a.m. (5 spaces) and 1 p.m. (9 spaces) Conclusion City staff concurs with the shared parking methodology. However, staff recommends that the existing counts also be considered. Per Table 4 of the Parking Demand Analysis, when existing parking counts (79 spaces) and shared parking rates for vacant suites (39 spaces) are factored into the analysis, there is calculated surplus of 10 spaces. Therefore, it could be concluded that at full-occupancy, including the proposed restaurant, there is adequate on-site parking to meet the needs of the center. Attachments (as referenced in December 4, 2014 staff report): PC 1 Draft Resolution with Findings and Conditions PC 3 Parking Demand Analysis for Westcliff Plaza 2 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Attachment No. PC 1 Draft Resolution with Findings and Conditions 3 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-044 TO EXTEND THE HOURS OF OPERATION OF AN EATING AND DRINKING ESTABLISHMENT AND MODIFY PARKING AT 1617 WESTCLIFF DRIVE (PA2014- 157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Shubin + Donaldson Architects, Inc., representing the BWP Westcliff Associates, LLC, with respect to property located at 1617 Westcliff Drive, and legally described as TR 4225 Lot 7 all -ex nwly 80 ft- and nwly 55.98 ft Lot 8, requesting approval of a conditional use permit to extend the hours of a restaurant and modify the required parking. 2. The applicant requests an amendment to Use Permit No. UP2002-025 to extend the hours of a restaurant and outdoor dining patio with no late hours, and modify the required parking. The restaurant would operate from 7:00 a.m. to 10:00 p.m., daily. No live entertainment or dancing is proposed. 3. The subject property is located within the General Commercial (GC) General Plan Land Use Element category and Commercial General (CG) Zoning District. 4. Use Permit UP2002-025 was approved in 2002 and permitted the Eating and Drinking Establishment, authorizing the sale of alcoholic beverages and approval of a parking waiver. To mitigate increased parking demand, the project was conditioned to limit restaurant operations between 11:00 a.m. and 3:00 p.m. 5. A Shared Parking Analysis was prepared by Linscoft Law & Greenspan, on behalf of the applicant, to determine the specific parking needs of the mixed use center and proposed restaurant. 6. A public hearing was held on December 4, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hW6IifbiWoe ( ltibrl3�Yq. Page 2 of 12 2. The proposed project involves the minor alteration of an existing structure, with no additional square footage, and negligible expansion of an existing use. Therefore, the interior use, outdoor dining patio qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. The establishment operates pursuant to Use Permit No. UP2002-025 (as approved on August 22, 2002). Continuation of the restaurant operation and sale of alcoholic beverage are in substantial conformance with the UP2002-025 and require no amendment. The requests to extend the hours and modify parking are considered substantial changes that require an amendment to the existing conditional use permit. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The restaurant and its associated operating hours and parking requirements are consistent with the General Commercial (GC) land use designation of the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Eating and drinking establishments are expected in this area and are complementary to the surrounding commercial and residential uses. 2. The project site is not located within a Specific Plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Eating and drinking establishments with no late night hours require the approval of a minor use permit within the Commercial General (CG) Zoning District. Use Permit UP2002-025, as approved by the Planning Commission, authorized establishment of the restaurant. 2. Extending the hours from 11:00 a.m. to 7:00 a.m. will provide service to patrons in the morning hours and will not conflict with the peak hours of the other tenants. The hours are appropriate for the neighborhood, which includes commercial and residential uses. 10-15-2013 J� Planning Commission - December 04, 2014 Item 3a: Additional Materials Received PIt8t?hWGWtffiWoe ltibrl3�Yq. Page 3 of 12 3. Eliminating the restriction on restaurant operation during the lunch hour creates a deficiency of 19 parking spaces, based on the Zoning Code regulations. However, considering the results of existing parking counts presented in the Shared Parking Analysis and applying the shared parking estimates for vacant suites, a surplus of 10 parking spaces is forecasted during the peak weekday period. Based on existing parking counts which reflect actual operations of the on-site uses and shared parking conditions, on-site parking is adequate to meet the needs of the center at full occupancy. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. A restaurant has operated at this location since 2002. Previous restaurants operated traditionally with a full-service bar and did not generate concerns within the surrounding neighborhood. The proposed restaurant will include a retail and take-out component, focused on family-style food service. The proposal to include morning and lunch service will benefit surrounding commercial and restaurant uses. 2. The restaurant would operate from 7:00 a.m. to 10:00 p.m., daily, which is not considered "late", as defined by the Municipal Code, and is appropriate for the neighborhood. 3. The proposed use will not require high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 4. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the existing trash enclosure, except during collection. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The restaurant is located in an existing multi-tenant building with access provided from two roadways. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 10-15-2013 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hVGIiffiWoe ( ltibrl3�Yq. Page 4 of 12 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. The site includes 128 parking spaces. The Parking Demand Analysis prepared for the project forecasts, at full occupancy, the development would generate a parking demand of 138 parking spaces during peak hour of 11:00 a.m. However, based on existing parking counts and parking estimates for vacant suites, the actual parking demand is less than forecasted, therefore adequate on-site parking is likely. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The exterior upgrades and renovations to the existing building would have a positive impact to the surrounding neighborhood. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to residential uses nearby and adequate parking is provided on-site, per the Parking Demand Analysis. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. In accordance with Zoning Code Section 20.40.110(B) (Reduction of Off-Street Parking), off- street parking requirements may be reduced with approval of a conditional use permit in compliance with the following conditions: Finding: A. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed-use development); 10-15-2013 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received PIt8bihWGWt biWoe atibrl3�7q. Page 5 of 12 Facts in Support of Finding: 1. The Parking Demand Analysis evaluates the project based on the Zoning Code requirements and the Urban Land Institute's (ULI) Shared Parking Methodology. Applying the City's Zoning Code, at full occupancy of the multi-tenant building, there would be a parking shortfall of 19 parking spaces. Using the ULI's methodology and existing parking counts, there is a surplus of 10 spaces. Existing parking counts reflect the actual demand of the center and demonstrate that there is adequate on-site parking. Finding: B. The most remote space is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 1. In accordance with the Parking Demand Analysis, there is adequate on-site parking to accommodate the needs of all tenants. The on-site parking facilities provide 128 spaces and which can be conveniently accessed from Westcliff Drive (front of building) and Sherington Place (rear of building). Finding: C. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking; Facts in Support of Finding: 1. Applying the City's Zoning Code, at full occupancy of the multi-tenant building, there would be a parking shortfall of 19 parking spaces. Using the ULI's methodology which recognizes the shared characteristics of the on-site uses, there is a surplus of 10 spaces. In consideration of existing parking counts, the actual demand of on-site uses is lower than both the Zoning Code rates and shared rates, therefore, it can be assumed that adequate parking is provided on-site to meet the needs of the center. 2. The uses within the multi-tenant center vary in the peak periods and operational characteristics. The greatest demand is expected to be at 11:00 A.M. weekdays. The existing 128 parking spaces on-site is expected to accommodate this demand based on the conclusions of the existing parking counts. Finding: D. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand; 10-15-2013 g Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hWGWffbiWoe ltibrl3�Yq. Page 6 of 12 Facts in Support of Finding: 1. The Parking Demand Analysis assumes a specific mix of on-site uses. Future changes to this mix of uses may require an update to the parking analysis to ensure parking complies with the requirements of the Zoning Code. Finding: E. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; Facts in Support of Finding: 1. The Parking Demand Analysis for the project evaluated the parking demand of all on- site uses and determined there would be parking surplus based on the shared operating characteristics of the on-site uses and existing parking demand. Finding: F. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department, and Facts in Support of Finding: 1. Because the uses sharing the parking facilities are located on-site and the property is controlled by one property owner, an agreement is not necessary. Finding: G. A parking management plan shall be prepared. 1. The Zoning Code indicates that a parking management plan is required to mitigate the impacts associated with a reduction in the number of parking spaces. Because the Parking Demand Analysis demonstrates that adequate on-site parking is available to meet the demand of all uses within the multi-tenant, there is not expected to be a parking impact. Management of parking will be satisfied by substantially maintaining the mix of uses presented in the Parking Demand Analysis, December 1, 2014. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-044 (PA2014-025), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 10-15-2013 9 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hWGlifbiWoe ( ttibrl3�7q. Page 7 of 12 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. Conditional Use Permit No. UP2014-044 (PA2014-157) replaces and supersedes Use Permit No. UP2002-025, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 4th DAY OF DECEMBER, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chair BY: Jay Myers, Secretary 10-15-2013 2� Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hW6lffbiWoe ( ltibrl3�Yq. Page 8 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2014-044 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. Prior to certificate of occupancy for the restaurant, the applicant shall submit to the City for approval the finalized tenant mix for the center for each suite. The tenant mix of the center shall be substantially consistent with the assumptions presented in the Parking Demand Analysis, dated December 1, 2014 and prepared by Linscott Law & Greenspan. Uses may be changed in the future, provided they do not increase the overall parking demand of the center. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. The hours of operation for the restaurant, including the take-out coffee bar and outdoor dining, shall be 7:00 a.m. to 10:00 p.m., daily. 10-15-2013 22 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hWGW fbiWoe ltibrl3�Yq. Page 9 of 12 11. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. No less than 128 parking spaces shall be provided on-site, all spaces shall be accessible and useable for vehicular parking at all times. 12. 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 must comply with the requirements of this section within 180 days of 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. 13. The Use Permit continues authorize (per UP2002-025) the use of a Type 47 alcoholic beverage license issued by the California Board of Alcoholic Beverage Control. This license allows 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. 14. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 16. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 17. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 18. Construction activities shall comply with Section 10.28.040 (Construction Activity- Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 10-15-2013 12 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8b h)A/GWifbiWoe atibrl3�Yq. Page 10 of 12 19. All mechanical equipment and trash areas shall be screened from adjoining streets. 20. All outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 22. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 23. Trash receptacles for patrons shall be conveniently located inside of the establishment or within the outdoor seating area. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 24. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 25. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 26. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 27. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10-15-2013 13 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hWGWftiWoe ( ttibrl3�Yq. Page 11 of 12 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Westcliff Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2014-044 (PA2014-157). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 29. There shall be no live entertainment or dancing allowed on the premises. 30. Strict adherence to maximum occupancy limits is required. 31. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 32. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 33. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 34. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 35. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 36. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 37. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 10-15-2013 -14 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received Plt8t?hVGliffiWoe ltibrl3�Yq. Page 12 of 12 38. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 39. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 40. All improvements shall be constructed as required by Ordinance and the Public Works Department. 10-15-2013 Z.�J Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Attachment No. PC 3 Parking Demand Analysis for Westcliff Plaza 10 Planning Commission Dec 14 Item 3a: Additional Material celve 1617 Westcliff Drive (PA201 57) December 1, 2014 Engineers&Planners Traffic Transportation Parking Mr. Bryon Ward Elnscott.Law& Burnham-Ward Properties Greenspan,Engineers 1100 Newport Center Drive, Suite 200 2Executive Circle Newport Beach, CA 92660 Suite 250 Irvine,CA 92614 999.625.6175 a LLG Reference No. 2.14.3523.1 949sz56173 f www.11gengineers.com Subject: Parking Demand Analysis for Westcliff Plaza(Updated) Pasadena Newport Beach, California Irvine San Diego Dear Mr. Ward: Woodland Hills As requested, Linscott,Law, & Greenspan, Engineers (LLG) is pleased to submit this Parking Demand Analysis for Westcliff Plaza located at 1617 Westcliff Drive in the City of Newport Beach. This report is an update of our prior submittal dated November 24 to integrate refinements and modifications in conjunction with our most recent interactions with City Staff. It is our understanding that the project site is programmed for renovation, and that the City has requested an assessment of the proposed parking conditions in conjunction with a requested Amendment to Use Permit UP2002-025. That amendment would facilitate the replacement of a prior restaurant use with a new tenancy providing a mixture of lower-impact retail and restaurant services. The amendment to the Use Permit would also adjust the restaurant operating hours to include the early morning periods. The location of the planned retail/restaurant tenancy is Suite 112/121, which consists of 3,447 SF of interior space. At future full occupancy, Westcliff Plaza is proposed to have a mixture of retail, medical/dental office and restaurant/food tenancies, as well as a yoga studio. Most of these uses are existing or "grandfathered" uses based on prior tenants. The current Philip M.Linscott,PE(I M4 anol on-site parking supply of Westcliff Plaza totals 128 spaces, and that space count will Jack M.Greenspan,PEmn.l remain intact with the renovation project. William A.Law,PE met) Paul W.Wilkinson,PE As noted above, a parking study has been required by the City of Newport Beach to John P.Keating,PE evaluate the parking requirements and operational needs of Westcliff Plaza at future David S.Shandef,PE full occupancy with the proposed tenancies. This report evaluates those needs based John A Boarman,PE Clara M.Look-Jaeger,PE Richard E.Sarreeo,PE Keil D.MMaberrg PE Ant;atomyanY founded IM Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) on application of City Code and further application of the Shared Parking methodology. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. A summary of our findings and conclusions being on page 10. PROJECT LOCATION AND DESCRIPTION Westcliff Plaza is located at 1617 Westcliff Drive in the City of Newport Beach. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Figure 2 presents the existing aerial photograph for Westcliff Plaza, and illustrates the existing building and supporting parking areas. Westcliff Plaza is an existing two-story, mixed-use building. The future tenancy plan of the building is similar to its current and former uses, which include a mix of retail, medical/dental office, restaurant/food service and fitness space. The Project is requesting the modification of the existing restaurant Use Permit to create a tenancy with a lower-impact mixture of retail and restaurant services in Suite 112/121, and to amend the prior restaurant operating hours to include the early morning period. The current and proposed parking supply for the site consists of 128 spaces. Table 1, located at the end of this letter report, following the figures, summarizes the proposed tenant mix for Westcliff Plaza. Figure 3 presents the existing and future site plan for Westcliff Plaza, which will remain unchanged from a site/parking perspective. PARKING SUPPLY-DEMAND ANALYSIS This parking analysis for the Westcliff Plaza involves determining the expected future site parking needs, based on the size and type of proposed tenancy components, versus the continuing 128-space parking supply. Typically, there are at least two methods that can be used to estimate a site's peak parking needs. These methods have been used in this analysis and include: • Application of City Code requirements (which typically treat each tenancy type as a "stand alone"use at maximum demand). ■ Application of shared parking usage patterns by time-of-day (which recognizes that the parking demand for each tenancy type varies by time of day and day of week). The shared parking analysis starts with a code calculation for each tenancy type. 18 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) The shared parking methodology is concluded to be applicable to a development such as the Westcliff Plaza because the individual tenancy/land use types (i.e., retail, medical/dental, food service, yoga classes, etc.) experience peak demands at different times of the day. It is also important to note that the existing restaurant Use Permit was granted based on an earlier but similar version of the shared parking methodology. CODE PARKING REQUIREMENTS The code parking calculation for Westcliff Plaza is based on the City's requirements as outlined in Chapter 20.40 — Off-Street Parking of the City of Newport Beach Municipal Code. Based on your review of the building and site history, we understand that some tenancy suites have "grandfathered" ratios and/or calculations, which are based on the March 18, 2009 letter prepared by the City Planning Department for PA2009-030. Those characteristics, combined with the City's current Municipal Code, result in the following parking requirements: • Grandfathered Medicat/Dental Office (excludes Suite 203): 4 spaces per 1,000 SF of net usable area • Medical/Dental Office, Suite 203 only: 5 spaces per 1,000 SF of GFA • Retail: 4 spaces per 1,000 SF of GFA • Food and Beverage Sales (Coffee/Juice Shop): 5 spaces per 1,000 SF of GFA. As a conservative measure, this City Code ratio was applied in the study, instead of the lower Code ratio of 4 spaces per 1,000 SF of GFA for Take-Out Service—Limited • Grandfathered Personal Enrichment/Yoga Studio: 4 spaces per 1,000 SF of net usable area. This ratio matches the City Code ratio for Personal Services- Studio (dance, music, and similar) • Food Service: 1 space per 30-50 SF of net public area, including outdoor dining areas, but excluding the first 25% or 1,000 SF of outdoor dining area, whichever is less • Storage: 0.5 spaces for each 1,000 SF of GFA (not specified in the City Code, but applied in prior City-approved projects) Table 2 presents the code parking requirements for the proposed development, including the vacant floor area, and then combined for the total site with the proposed Project. The proposed tenancy within Suite 112/121 includes a mix of food retailing and deli-style over-the-counter food service use. For the purposes of this analysis, 19 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) that space/tenancy has been interpreted to include 1,175 SF of retail use, 809 SF of interior restaurant use, and 1,034 SF of outdoor patio space. As shown, direct application of City parking codes to the proposed mix of uses of Westcliff Plaza results in a total parking requirement of 147 parking spaces. With a parking supply of 128 spaces, a theoretical, City Code-based deficiency of 19 spaces is indicated. The specific tenancy mix of Westcliff Plaza provides an opportunity to share parking spaces based on the utilization profile of each included land use component. The following section calculates the parking requirements for Westcliff Plaza based on the shared parking methodology approach. SHARED PARKING ANALYSIS Shared Parking Methodology Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the existing and proposed mixed-use characteristics of Westcliff Plaza, opportunities to share parking likely occur now and can be expected to continue with full occupancy and completion of the proposed tenancy plan. The objective of this shared parking analysis is to forecast the peak parking requirements for that full-occupancy tenancy plan based on the combined demand patterns of different tenancy types at the site. Shared parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week. When uses share common parking footprints, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day for weekdays versus weekend days), rather than individual peak ratios as represented in the City of Newport Beach Municipal Code. In that way, the shared parking approach starts from the City's own code ratios and results in the "design level" parking supply needs of a site. It should be noted that the "demand" results of the shared parking calculation are intended to be used directly for comparison to site supply. No further adjustments or contingency additions are needed because such contingencies are already built into the peak parking ratios and time of day profiles used in the calculation. 20 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) There is an important common element between the traditional "code" and the shared parking calculation methodologies; the peak parking ratios or "highpoint" for each land use's parking profile typically equals the "code" parking ratio for that use. The analytical procedures for shared parking investigations are well documented in the Shared Parking, 2®d Edition publication by the Urban Land Institute (ULI). The City on Newport Beach has requested that no adjustments be made to the parking ratios or the profiles. This methodology is considered to be conservative and may overstate the site's peak parking needs. However, the shared parking approach applied throughout this report is consistent with the direction of the City of Newport Beach. Shared parking calculations for Westcliff Plaza utilize hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach illustrates how, at other than peak parking demand times, an increasing surplus of spaces will service the overall needs of the site. Shared Parking Ratios and Profiles The hourly parking space demand profiles presented in this analysis of Westcliff Plaza reflect the application of the exact ULI weekday profiles (as published in Shared Parking, 2"d Edition) to the City's own code ratios for the future tenancy mix on the site. In making this application, key details of the ULI methodology and the City's practice in assessing a project's peak parking needs are worth noting, as follows: • The ULI methodology permits both a weekday and a weekend day parking demand forecast, expressed in terms of the number of parking spaces expected to be needed on an hour-by-hour basis from 6AM through Midnight, inclusive. Given the predominance of medicat/dental office use in both the existing and future tenancy condition, and the limited weekend operating hours of that use, LLG and City Staff agreed that the focus of this parking analysis should be the weekday (Monday through Friday) scenario. • ULI identifies weekday visitor and employee peak parking ratios for each use type. It also specifies weekend visitor and employee ratios for each of those use types. For a given use, those values are different for the weekday versus weekend peak hour. • The combination of visitor plus employee peak parking ratios, for the greater of the weekday versus weekend condition, generally approximates the City's own code ratios for a given use, with the code ratios typically greater than those published by ULI. 21 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) The ULI publication presents hourly parking demand profiles for several general land use categories, inclusive of the following four (4) expected to make up the Westcliff: retail, family restaurant, health club, and medical/dental office. Each of these profiles is specific to the weekday versus weekend condition, and expressed as a percentage of the peak demand on that type of day(weekday versus weekend). The ULI Shared Parking publication includes a retail profile that is used directly in this analysis. To estimate the retail parking demand, a parking ratio of 4 spaces per 1,000 SF (which matches City Code) was utilized. For retail uses, ULI identifies a weekday peak demand between 1:00 PM and 2:00 PM. For food service and Juice/coffee shop uses, the parking profile for family restaurant (which accounts for early morning demand) within the ULI publication was used and applied to the City's Parking Code ratio of 25 spaces per 1,000 SF, and 5 spaces per 1,000 SF, respectively. Based on the ULI profiles, weekday peak demand for family restaurant occurs between 12:00 PM and 1:00 PM. The ULI Shared Parking publication includes a health club profile that is used in this analysis for the Personal Enrichment/Yoga Studio tenancy. To estimate the parking demand of the yoga use, a parking ratio of 4 spaces per 1,000 SF was used. Based on the ULI profiles, weekday peak demand for this tenancy type is expected to occur between 6:00 PM and 7:00 PM. For medical/dental office uses, the parking profile in the ULI publication was used depending on the space/tenancy history, and was directly applied to the City's Code ratio of 5 spaces per 1,000 SF, or the "grandfathered" Code ratio of 4 spaces per 1,000 SF of net usable area. Based on the ULI profiles, weekday peak demand for medical/dental office occurs between 10:00 AM and 12:00 PM and again between 2:00 PM and 4:00 PM. As a conservative approach, the storage component of the site is assumed to have code-like parking needs throughout the day. Application of Shared Parking Methodology Table 3 presents the weekday parking demand profiles for Westcliff Plaza based on the shared parking methodology and City of Newport Beach practices in applying ULI procedures. The forecast assumes full occupancy of the site and includes the proposed mix of uses. 22 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Review of Table 3 indicates that the future full occupancy weekday peak parking demand will occur at 11:00 AM, with a peak "design level" demand of 138 spaces. Based on the parking supply of 128 spaces, the peak demand hour on a weekday will result in a theoretical shortfall of 10 spaces in that one hour. Theoretical shortfalls (based on the City methodology) are also indicated for the 10 AM hour(5 spaces) and the 1 PM hour (9 spaces). Please note that based on coordination with City Staff, the weekend demand characteristics were not evaluated due to the limited hours of medical/dental office operation. A majority of the 11,861 SF of medical/dental office uses are closed during the weekend. The shared parking results represent a reduction from "pure code", but the conservancy and accuracy of the overall shared parking approach has been repeatedly validated in other settings for predicting theoretical parking needs. Recent field study of actual parking demand at Westcliff Plaza reinforces the conservancy of the City's approach to shared parking calculations as addressed in the next section. Appendix A contains the shared parking analysis calculation worksheets for the weekday parking scenario. All of these worksheets reflect applicable City Code ratios and the City's conservative approach to shared parking evaluation. Appendix B presents the existing and proposed tenant mix used as basis for this study. SURVEY/SHARED PARKING METHODOLOGY Existing Parking Demand per Field Study Parking demand observations were conducted at the site between the hours of 6:00 AM and 9:00 PM on a recent typical weekday (evening of October 27 and morning of October 28). All vehicles parked in the 128-space lot were counted on an hour-by- hour basis and the actual parking demand results recorded by LLG. Initial review of this data suggested evening, overnight, and subsequent morning parking intrusion by other than Westcliff Plaza visitors and employees. To further understand this characteristic, additional license plate surveys (where the first 4 characters of each license plate in each space are tracked on successive survey rounds to reveal parking duration and late night parking intrusion) were performed at Westcliff Plaza to identify those vehicles that may have "poached" site parking. As a result of these license plate and related observations, it was apparent that parking spaces primarily and continuously along the east edge of the site were being used by residents and visitors of a nearby apartment community. That intrusion began in the 23 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) late afternoon, and continued to and through midday on the following day. By example, the intrusion was determined to be as follows: • 4 PM: 5 spaces • 5 PM: 7 spaces • 9 PM: 31 spaces ■ 6 AM: 33 spaces 8 AM: 25 spaces 10 AM: 14 spaces 11 AM: 13 spaces • 12 noon: I 1 spaces While these spaces were signed at parking entrances as being for use by Project site visitors and employees only, those provisions apparently were not enforced by the prior site ownership. Upon determining the extent of"poaching" of on-site spaces by other parkers not associated with Westcliff Plaza, ownership instituted an enforcement program November 15 which included pavement markings at the foot of all spaces (legend reads "1617 Westcliff Parking Only") and windshield notices to reiterate the restrictions and potential for towing. We understand that towing of unauthorized vehicles has been conducted. Following implementation of this parking enforcement program, a spot site-wide parking demand count was conducted for the key 11 AM hour (consistent with the expected peak hour of the shared parking evaluation) on November 25. It indicated a site-wide demand for 75 spaces, and suggested that the 13 space intrusion identified by license plate surveys for that specific hour had been eliminated. Given this result, we conclude that the intrusion issue has been fully addressed. With continued enforcement, all site parking can be expected to be routinely available for existing and future Westcliff Plaza visitors and employees. Building on the above parking demand field studies, the far left demand column of Table 4 presents a profile of the actual, field study-based, existing project-only parking demand for each hour observed. These values reflect our prior field studies when parking intrusion was in place, but have been further adjusted to deduct the number of unauthorized parkers attributable to the apartment complex located south of Westcliff Plaza. As shown, a "design level" profile of existing site needs totaled 79 spaces at 11:00 AM. This compares favorably with our subsequent spot surveys indicating a demand of 75 spaces following enforcement of the site's parking restriction. Without accounting for future reoccupancy of current vacant floor area, 24 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) this existing 79-space demand corresponds to a surplus of 49 spaces when compared against the 128-space supply. Existing Demand with Shared Parking Application to Vacant Floor Area In order to provide a more realistic "forecast" of future peak parking demand at Westcliff Plaza, utilization of the actual field study data (net of poachers) for the existing tenancies has been combined with a forecast for future tenancies consistent with the anticipated full occupancy condition. The remaining columns of Table 4 present the calculations for all added tenancy components that make up this full occupancy scenario. As presented in Table 4, the forecast peak parking demand, at full site occupancy, would total 118 parking spaces at 11:00 AM on a typical weekday, which results in a minimum functional surplus of 10 spaces. Based on this finding, we conclude that there would be adequate parking to accommodate full site occupancy to include the Suite 112/121 retail/restaurant tenancy. Based on our experience, the application of the existing surveyed demand plus shared parking approach summarized in Table 4 is believed to be the most appropriate in evaluating the parking supply-demand relationships for the Westcliff Plaza project. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Westcliff Plaza is an existing two-story mixed-used building. The future tenancy plan of the building is consistent with present and past tenant mix, and includes a mix of retail, medical/dental office, restaurant/food service and personal enrichment/yoga space. The Project is requesting the continuation of a former full-service restaurant space to a lower-impact mix of retail and restaurant services in Suite 112/121, and to amend the prior restaurant operating hours to include the early morning period. The current and proposed parking supply for the site consists of 128 spaces. 2. This parking demand analysis evaluates the site's proposed full occupancy using three methods: code, shared parking, and an existing surveyed demand plus shared methodology. 3. Direct application of City parking codes to the proposed mix of uses of Westcliff Plaza results in a total parking requirement of 147 parking spaces. With a parking supply of 128 spaces, a theoretical code deficiency of 19 spaces is indicated. 2.� Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) 4. Given the mix of site tenancies, and as was previously employed, a shared parking analysis has been prepared and updated consistent with current City practice. It indicates that the existing parking supply for Westcliff Plaza would balance with projected "design level' parking demands of the fully-occupied project for most hours of the day, including the operation of the proposed retail/restaurant use in the early morning period. The weekday scenario results in a theoretical shortfall of 10 spaces at the 11 AM peak, with a 5-space shortfall in the 10 AM hour, and a 9- space shortfall in the 1 PM hour. 5. An analysis of actual parking demand for existing occupancies and a shared parking approach for the proposed additive tenant mix indicates that the future minimum functional surplus at Westcliff Plaza will total at least 10 to 11 spaces in the 11 AM to 1 PM period, and a minimum of 22 spaces during all other periods of the day. 6. The results of the existing plus shared parking analysis indicates that adequate parking will be provided on site to accommodate the proposed full occupancy tenant mix. We appreciate the opportunity to prepare this analysis for Westcliff Plaza. Should you have any questions or need additional assistance, please do not hesitate to call us at (949) 825-6175. Very truly yours, Linscott, Law& Greenspan,Engineers L for Paul W. Wilkinson, P.E. Principal 4&�_ Shane S. Green,P.E. Transportation Engineer III 20 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received o DON Ln estc I rite � ff Balphs ¢' 616 Nekter mice Bar ��'� ,G z Kent In lio a ! �.e La CaLk.ve a a` �, Mara^ P C, C .a �r4 �l � rept �e w� :J OSasa Bank ?a � Nottf>� '� fig. 5° P Jia Co % ap Cam6riai9e 1 P 111-1. !> c o a co, cp" Newport Harbor HSgh Schaal x'24 Fi n ? F�sr6 a5�,µaySN eIn SaShcag�Q1 e�r�9 p Jr? BabHen aeR' SSvfaring Pak Cape Andover asQa Gi KGs Ma k Lodge Wvstdiff \aa u _I Nrwp� Park Q° Morning Star In ; Harbor Toddler and Pnech.d r Piu.nL_ Wth.an �,{rh� St lames qd s Clay St r �` Co a F� 3jp 5'1it N SSlgn � � a shoal thoul iarz t o � or n SOURCE: BING Elm KEY FIGURE 1 tN0 PROJECT SITE SCALE VICINITY MAP WESTCLIFF PLAZA, NEWPORT BEACH 27 • • • • ,, �. nna�l7f�l-�IJ•VLTiI ,> • O ,y // SSA: i .�� . ♦, • • f' .> •� o> � •C /(� •a • �Fidd'nyo � ' WN Ilk tK •/goo . : ,; �" ,:; ' -:_ %,�• Qt> l 's LINSCOTT LAW & GNEENSPAN • engineers r Planning Commission - December 04, 2014 Item 3a: Additional Materials Received yyWFDLffK estc I nve ! * wnw 0 !� _— — ---T-71 I �• ...... ....... I N I 9 s M I ! iV I n II S I c — I s I T� — � s ir w— i N i 0 SHMINO"ON PLAC' ^ SOURCE: BWP FIGURE 3 MNO SCALE SITE PLAN WESTCLIFF PLAZA, NEWPORT BEACH �9 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) TABLE 1 BUILDING SUMMARYITENANT MIX AT FULL FUTURE OCCUPANCY WESTCLIFF PLAZA Suite Tenant Land Use Parking Ratio Applied Building Size(SF) 206-214 Newport Heights Medical-Dr Dubrow and Dr Forman Grandfathered Medical/Dental Office 4 spaces per 1,000 SF 5,298 SF 106 Newport Bluffs Surgery Center Grandfathered Medical/Dental Office 4 spaces per 1,000 SF 2,176 SF 200/201 Brite Smile Dental-J Foster Weems,DDS Grandfathered Medical/Dental Office 4 spaces per 1,000 SF 2,171 SF 204 Aspen Dental-Brian Ley,DDS Grandfathered Medical/Dental Office 4 spaces per 1,000 SF 1,752 SF 205 Back to Basics health-Chiropractor Grandfathered Medical/Dental Office 4 spaces per 1,000 SF 2,458 SF 202 Newport Permanent Make-Up-Deborah Miller Grandfathered Medical/Dental Office 4 spaces per 1,000 SF 464 SF Total 14,319 Sf 203 Alysia Borgman,DDS Medical/Dental Office 5 spaces per 1,000 SF 932 SF Total 932 Sf 100 B LOFS Hair Salon Retail 4 spaces per 1,000 SF 2,524 SF 105 Vacant Retail 4 spaces per 1,000 SF 679 SF 114 Vacant Retail 4 spaces per 1,000 SF 1,063 SF Total 4,266 SF 100A LOFS-Juice Food and Beverage 5 spaces per 1,000 SF 995 SF 103 LOFS-Coffee Food and Beverage 5 spaces per 1,000 SF 1,373 SF Total 2,368 SF 107/109/111 Ra Yoga Grandfathered Personal Enrichment Studio 4 spaces per 1,000 SF 2,316 SF Total 2,316 SF Attic Building Owner Storage 0.5 spaces per 1,000 SF 1,020 SF Total 1,020 SF 112/121 Proposed RetaiURestauranti Retail/Restaurant Varies; see Footnote[21 3,447 SF Total 3,447 SF I This proposal tenancy,replacing.a vacant restaurant use,is the focus of the Amendment to the Use Permit UP2002-025. 2 For the purpose of these calculations the space/tenancy has been interpreted to include 1,175 SF of retail use,809 SF of interior restaurant use, 1,463 SF of amenities(restroom and back of house food preparation). 30 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) TABLE 2 CITY CODE PARKING REQUIREMENT WESTCLIFF PLAZA Spaces Land Use Size Parkin Ratio' Required Tenant Mix(Calculation Grouping ❑ Grandfathered Medical/Dental Office 14,319 SF 4 spaces per 1,000 SF 57 ❑ Medical/Dental Office(Suite 203) 932 SF 5 spaces per 1,000 SF 5 ❑ Retail 4,266 SF 4 spaces per 1,000 SF 17 ❑ Food and Beverage 2,368 SF 5 spaces per 1,000 SF 12 ❑ Grandfathered Personal Enrichment/Yoga Studio 2,316 SF 4 spaces per 1,000 SF 9 ❑ Storage 1,020 SF 0.5 spaces per 1,000 SF 1 Subtotal 101 Proposed Suite 1121121 ❑ Proposed Retail 1,175 SF 4 spaces per 1,000 SF 5 ❑ Proposed Restaurant 4 1,641 SF 25 spaces per 1,000 SF 41 Subtotal 46 A. TOTAL PARKING CODE REQUIREMENT 147 B. TOTAL PARKING SUPPLY 128 C.PARKING SURPLUS/DEFICIENCY(+/-)BASED ON FULL OCCUPANCY -19 3 Sources: City of Newport Beach Municipal Code, Chapter 20.40—Off-Street Parking;March 18,2009 letter prepared by the City of Newport Beach Planning Department for PA2009-030 4 The restaurant component of the proposed Suite 112/121 tenancy consists of 1,034 SF of outdoor seating area, 160 SF of indoor seating area and 649 SF of indoor public area for a total of 1,843 SF.Direct application of the City Code allows for the reduction of 25%of the indoor seating and indoor public area((160+649)x.25))=202.Therefore,the total square footage results in 1,641 SF applied to a parking ratio of l space per 40 SF or 25 spaces per 1,000 SF. 31 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) TABLE 3 WEEKDAY SHARED PARKING DEMAND ANALYSIS5 WESTCLIFF PLAZA Personal Medica[/Dental Medical/Dental Laud Use entail(Propose Food Service 1Lrichment/Yog Retail Cottee/Juice Office(Suite Office(excludes Storage (Proposed) a5tudio Shop 203) Suite 203) Size 1.175 KSF 1.641 [CSF 2.316 KSF 4.266 KSF 2368 KSF 0.932 KSF 14319 KSF 1.020 KSF Total CityCodell[ 4.0 /KSF 25.0 /KSF 4 4.0 /KSF 5.0 /KSF 5 /KSF 4 /KSF 0.5 /KSF Gross 5 Site. 41 Site. 9 Spc. 17 Site. 12 Spe. 5 Spc. 57 Spc. 1 Six. 147 Parking Supply Spaces Shared 128 Spaces Number of Number of Number of Number of Number of Number of Number of Number of Parking Surplus Time ofDay Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Demand (Deficiency) 6:00AM 0 12 7 0 4 0 0 l 24 104 7:OOAM 0 23 4 1 7 0 0 1 36 92 8:00 AM 1 26 4 3 8 4 45 1 92 36 9:OOAM 2 31 7 7 10 5 53 1 116 12 10:00AM 4 36 7 12 11 5 57 1 133 (5) 11:00 AM 4 38 7 15 11 5 57 1 138 (10) 12:00 PM 5 41 6 16 12 3 30 1 114 14 1:00 PM 5 38 7 17 11 5 53 1 137 (9) 2:00 PM 5 24 7 16 7 5 57 1 122 6 3:00 PM 5 21 7 16 7 5 57 1 119 9 4:00 PM 5 21 7 16 7 5 53 1 115 13 500 PM 5 32 8 16 10 4 49 1 125 3 6:00 PM 5 34 9 16 10 3 38 1 116 12 7:00 PM 5 34 8 16 10 2 17 1 93 35 8:00 PM 4 34 7 14 10 0 9 1 79 49 9:00 PM 3 26 6 9 8 0 0 1 53 75 10:00 PM l 23 3 5 7 0 0 l 40 88 1100 PM 0 22 1 1 6 0 0 1 31 97 12:00 AM 0 11 0 0 4 0 0 l 16 112 Notes: [11 Parking rates for all land uses are based on City Code and Grandfathered Code. s Source: ULI- Urban Land Institute "Shared Parking,"Second Edition, 2005. 32 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) TABLE 4 WEEKDAY SURVEYED PLUS SHARED PARKING DEMAND ANALYSIS 6 (EXISTING COUNTED DEMAND PLUS SHARED PARKING FOR VACANT USES) WESTCLIFF PLAZA Persona Retail Food(Proposed) Coffee/Juice :Medical/Dental oledical/Dental Land Ilse FLgaSunnl/ Retail General Office Storage (Proposed) (Proposed) Yoga Studio Shap 01Fice ORice Size 1.175 KSF 1.641 KSF -0.194 KSF 4.266 15F 2.368 KSF 4.147 KSF -0.26016F -1.222 KSF -1.504 KSF Cih'Codell l Existing 4.0/KSF 25.0/KSF 4 4.0/KSF 5.0/KSF 5 1151' 4/KSF 4/KSF 0.5/KSF Gross Parking 5 Site. 41 Sty. -1 Sp. 17 Sp. 12 Sp. -21 Spe. -1 Sty. -c Sp. -1 Sp. Parking Supply Sp¢es Wound Shared 128 Spaces NumMr of sander of Number of Numler nlNumler at ]under or ]nmler,of Numher of Numler of Number of Parking Surplus TimeofDav spot. Spaces I Spaces Spaces I Spaces Spaces Spmes Spaces I Spaces Spaces I Demand (Defieiene_v) 6:00AM 6 0 12 (1) 0 4 0 0 0 (1) 20 108 7:00 AM 16 0 23 0 1 7 0 0 (2) (p 44 84 8:0OAM 25 1 26 0 3 8 (17) (1) (4) (1) 40 88 9:0OAM 49 2 31 (I) 7 10 (20) (1) (5) (1) 71 57 IO:OOAM 72 4 36 (1) 12 11 (21) (I) (5) (1) 106 22 11 OOAM 79 4 38 (1) 15 11 (21) (1) (5) (1) 118 10 12:MPM 61 5 41 (1) 16 12 (11) 0 (5) (1) 117 II 1:00 PM 62 5 38 (I) 17 11 (20) (1) (5) (1) 105 1 23 2:0)PM 62 5 1 24 (I) 16 7 (21) (1) (5) (1) 85 43 3:0OPM 62 5 21 (1) 16 7 (21) (1) (5) (p 92 46 4:00 PM 62 5 21 (1) 16 7 (20) (1) (5) (1) 83 45 5:00PM 47 5 32 (1) 16 10 (18) (1) (3) (1) 86 42 6:00 PM 37 5 34 (1) 16 10 (14) (1) (1) (1) 84 44 7:00 PM 27 5 34 (1) 16 10 (6) 0 (1) (1) 83 45 9:00 PM 17 4 34 (1) 14 10 (3) 0 0 (1) 74 54 9:00 PM 6 3 26 (1) 9 8 0 0 0 (1) 50 78 10:00 PM 0 1 23 0 5 7 0 0 0 (1) 35 93 11:OOPM0 0 22 D 6 0 0 0 (1) 28 100 1200AM 0 0 12 0 0 4 0 0 0 (1) IS 1 113 Notes. [11 Parking rates for all land uses are haced on City Code and(vandfathered Code 6 Source: ULI- Urban Land Institute "Shared Parking,"Second Edition, 2005. 33 Planning Commission - December 04, Item 3a: Additional Materials Receive 1617 Westcliff Drive (PA2014-157) APPENDIX A ULI SHARED PARKING CALCULATION WORKSHEETS S4 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) SHARED PARKING ANALYSIS 35 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 1 RETAIL PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Land Use RETAIL PROPOSED Size 1.175 KSF Pkg Rate[21 4.0/KSF Gross 5 Spaces Spaces 4 Guest S c. 1 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 1% 0 10% 0 0 7:00 AM 5% 0 15% 0 0 8:00 AM 15% 1 40% 0 1 9:00 AM 357, 1 75% 1 2 10:00AM 65% 3 85% 1 4 11:00 AM 85% 3 95% 1 4 12:00 PM 95% 4 100% 1 5 I:OOPM 100% 4 100% 1 5 2:00 PM 95% 4 100% 1 5 3:00 PM 90% 4 100% 1 5 4:OOPM 90% 4 100% 1 5 5:00 PM 95% 4 95% 1 5 6:00 PM 95% 4 95% 1 5 7:00 PM 95% 4 95% 1 5 8:00 PM 80% 3 E417, 1 4 9:00 PM 50% 2 1 3 10:00 PM 30% 1 0 1 11:00PM 10% 0 00 12:00 AM 0% 0 0 0 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. 3(o Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 2 FOOD SERVICE PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Laud Use FOOD SERVICE PROPOSED Size 1.641 KSF Pkg Rate[21 25.0 IMF Gross 41 Spaces Spaces 35 Guest Spe. 6 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Da Peak[31 Spaces Peak[3] Spaces Demand 6:00 AM 25% 9 50% 3 12 7:00 AM 50% 18 75% 5 23 8:00 AM 60% 21 90% 5 26 9:00 AM 759. 26 90% 5 31 10:OOAM 85% 30 100% 6 36 11:00 AM 90% 1 32 100% 6 38 12:00 PM 100% 35 1009c 6 41 1:00 PM 90% 32 100% 6 38 2:00 PM 50% 18 100% 6 24 3:00 PM 45% 16 75% 5 21 4:00 PM 45% 16 75% 5 21 5:00 PM 75% 26 95% 6 32 6:00 PM 80% 28 95% 6 34 7:00 PM 80% 28 95% 6 34 8:00 PM 80% 28 95% 6 34 9:00 PM 60% 21 80% 5 11 26 10:00 PM 55% 19 6517c 4 23 11:00 PM 50% 18 65% 4 22 12:00 AM 25% 9 35% 2 11 Notes: [I] Source: ULI-Urban Land Institute"Shared Parking;'Second Fditiod,2005. [2] Puking rates for all land uses are based on City Code and Grandfathered Code. 37 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 3 PERSONAL ENRICHMENTIYOGA STUDIO WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 In Use PERSONAL ENRICIIMENTIYOGA STUDIO Size 2316 KSF Pkg Rate[2] 4/KSF Gross 9 Spaces S aces 8 Guest Spa. 1 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[31 Spaces Demand 6:00 AM 70% 6 75% 1 7 7:00 AM 40% 3 75% 1 4 8:00 AM 40% 3 75% 1 4 9:00 AM 70% 6 75% 1 7 10:00 AM 70% 6 75% 1 7 11:00 AM 80% 6 1 75% 1 7 12:00 PM 60% 5 75% 1 6 1:00 PM 70% 6 75% 1 7 2:00 PM 70% 6 75% 1 7 3:00 PM 70% 6 75% 1 7 4:00 PM 80% 6 75% 1 7 5:00 PM 90% 7 100% 1 8 6:00 PM 100% 8 100% 1 9 7:00 PM 90% 7 75% 1 8 8:00 PM 80% 6 50% 1 7 9:00 PM 70% 6 '0% 0 6 10:OOPM 35% 3 20% 0 3 11:00 PM 10% 1 20% 0 1 12:00 AM 0% 0 0% 0 0 Nates: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. 38 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 4 RETAIL WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Land Use RETAIL Size 4.266 KSF Pkg Rate[21 4.0/KSF Groat 17 Spaces Spaces 14 Guest Spa. 3 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] _IV Peak[31 Spaces Demand 6:00 AM 1% 0 10% 0 0 7:00 AM 5% 1 15% 0 1 8:00 AM 15% 2 40% 1 3 9:00 AM 35% 5 75% 2 7 10:00 AM 65% 9 85% 3 12 11:00 AM 1 85% 1 12 95% 3 15 12:00 PM 95% 13 100% 3 16 1:00 PM 100% 14 100% 3 17 2:00 PM 95% 13 100% 3 16 3:00 PM 90% 13 100% 3 16 4:00 PM 90% 13 100% 3 16 5:00 PM 95% 13 95% 3 16 6:00 PM 95% 13 95% 3 16 7:00 PM 95% 13 95% 3. 16 8:00 PM 80% 11 90% 3 14 9:00 PM 50% 7 75% 2 9 10:00 PM 30% 4 40% 1 5 11:00 PM 10% 1 15% 0 1 12:00 AM 0% 0 0% 0 0 Notes: [11 Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [21 Parking rates for all land uses are based on City Code and Grandfathered Code, 3 C3' Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 5 COFFEE[JUICE SHOP WEEKDAY SHARED PARKING DEMAND ANALYSIS[7] Land Use COFFEEIJUICE SHOP Size 2.368 KSF Pkg Rate[2] 5.0/KSF Gross 12 Spaces Spaces 10 Guest Spc. 2 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 25% 3 50% 1 4 7:00 AM 50% 5 75% 2 7 8:00 AM 60% 6 90% 2 8 9:00 AM 75% 8 90% 2 10 A 10:OOM 85% 9 100% 2 11 11:00 AM 90% 9 100% 2 11 12:00 PM 100% 10 100% 2 12 1:00 PM 90% 9 100% 2 11 2:00 PM 50% 5 100% 2 7 3:00 PM 45% 5 75% 2 7 4:00 PM 45% 5 75% 2 7 5:00 PM 75% 8 95% 2 10 6:00 PM 80% 8 95% 2 10 7:00 PM 80% 8 95% 2 10 8:00 PM 80% 8 95% 2 l0 9:00 PM 60% 6 80% 2 8 10:00 PM 55%. 6 65% 1 7 11:00 PM 50% 5 65% 1 6 12:00 AM 25% 3 35% 1 4 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,'Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 6 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 Land Use Medical/Dental Office Size 0.932 KSF Pkg Rate[2] 5/KSF Gross 5 Spaces Spaces 3 Visitor Spc. 2 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 3 60% 1 4 9:00 AM 90% 3 100% 2 5 10:00 AM 100% 3 100% 2 5 11:00 AM 100% 3 100% 2 5 12:00 PM 30% 1 100970 2 3 1:00 PM 90% 1 3 100% 2 5 2:00 PM 100% 3 100% 2 5 3:00 PM 100% 3 100% 2 5 4:00 PM 90'% 3 100% 2 5 5:00 PM 80% 2 100% 2 4 6:00 PM 67% 2 67% 1 3 7:00 PM 30% 1 30% 1 2 8:OOPM 15% 0 15% 0 0 9:00 PM 1 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12;00 AM 0% 0 0% 0 0 Notes: [l] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking roles for a0 land uses are based on City Code and Grandfathered Code. 41 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 7 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Land Use Medical[Dental Office Size 14.319 KSF Pkg Rate[21 4/KSF Gross 57 Spaces Spam 38 Visitor Spa. 19 Emp.Spc. Shared 'Rise %Of #Of %Of 1t Of Parking of Day Peak[31 Spaces Peak[3] Spaces Demand 6.00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 34 609, 11 45 9:00 AM 90% 34 100% 19 53 10:00 AM 100% 38 100% 19 57 11:00 AM 100% 38 100% 19 57 12:00 PM 30% 11 100% 19 30 I M 90% 34 100% 19 53 M 100% 38 100% 19 57 M 100% 38 100% 19 57 PM 90% 34 100% 19 53 PM 80% 30 100% 19 49 PM 67% 25 67% 13 38 PM 30% 11 30%n 6 17 PM 15% 6 15% 3 9 PM0% 00% 0 0 PM 0% 00% 0 0 PM 0% 00% 0 0 AM 0% 0 0% 0 0 Notes: [1] Source: ELI-Urban Land Institute"Shared Parking,"Second Edition,2005. [21 Puking rates for all land uses are based on City Code and Grandfathered Code. 42 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) EXISTING PLUS SHARED PARKING ANALYSIS Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 1 RETAIL PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 Laud Use RETAIL PROPOSED Size 1.175 KSF Pkg Rate[2] 4.0/KSF Gross 5 Spaces Spaces 4 Guest Spa 1 Emp.Spe. Shared Time %Of #Of %Of #Of Parking of Da Peak[3] S aces Peak[31 Spaces Demand 6:00 AM 1% 0 10% 0 0 7:00 AM 5% 0 15% 0 0 8:00 AM 15% 1 40% 0 1 9:00 AM 35% 1 75% 1 2 10:00 AM 65% 3 85% 1 4 11:00 AM 85% 3 95% 1 4 12:00 PM 95% 4 100% 1 5 1:00 PM 100% 4 100% 1 5 2:00 PM 95% 4 100% 1 5 3:00 PM 90% 4 100% 1 5 4:00 PM 90% 4 100% 1 5 5:00 PM 95% 4 95% 1 5 6:00 PM 95% 4 95% 1 5 7:00 PM 95% 4 95% 1 5 8:00 PM 80% 3 90% 1 4 9:00 PM 50% 2 75% I 3 10:00 PM 30% 1 40% 0 I 11:00 PM 10% 0 15% 0 0 12:00 AM 0% Notes: [1] Source: ULI-Urban Land Institute'Shared Parking;'Second Edition,2005. 121 Parking rates for all land uses are based on City Code and Grandfathered Code. 44 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 2 FOOD SERVICE PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Land Use FOOD SERVICE PROPOSED Size 1.641 KSF Pkg Rate[21 25.0/KSF Gross 41 Spaces Spaces 35 Guest S c. 6 Emp.Spc. Shared Time %Of #Of %Of #Of Parking of Day Peak[31 Spaces Peak[3] Spaces Demand 6:00 AM 25% 9 50% 3 12 7:00 AM 50% 18 75% 5 23 8:00 AM 60% 21 90% 5 26 9:00 AM 75% 26 90% 5 31 10:00 AM 85% 30 100% 6 36 11:00 AM 90% 1 32 100% 6 38 12:00 PME60% 21 35 100% 6 41 1:00 PM32 100% 6 38 2:00 PM18 100% 6 24 3:00 PM16 75% 5 21 4:00 PM16 75% 5 21 5:00 PM26 95% 6 32 6:00 PM28 95% 6 34 E101UPM28 95% 6 34 28 95% 6 34 21 80% 5 26 19 65% 4 23 18 65% 4 22 10 35% 2 12 Nates: [1] Source: ULI-Urban Land Institute Shared Parking'Second Edition,2005. [2] Parldng rates for all land uses are based on City Code and Grandfathered Code, 45 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 3 PERSONAL ENRICHMENTNOGA STUDIO WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] Land Use PERSONAL ENRICE MENT/YOGA STUDIO Size -0.194 KSF Pkg Rate[2] 4 IKSF Gross -1 Spaces Spaces -1 Guest S c. 0 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Da Peak[3] Spaces Peak[31 Spaces Demand 6:00 AM 70% -1 75% 0 -1 7:00 AM 40% 0 75% 0 0 8:00 AM 40% 0 75% 0 0 9:00 AM 70% -1 75% 0 -1 10:00 AM 70% -1 75% 0 -1 11:00 AM 80% 1 -1 75% 0 -1 12:00 PM 1 60% -1 75% 0 -1 1:OOPM 70% -1 75% 0 -1 2:00 PM 70% -1 75% 0 -1 3:00 PM 70% -1 75% 0 -1 4:00 PM 80% -1 75% 0 -1 5:00 PM 90% -1 100% 0 -1 6:00 PM 100% -1 100% 0 -1 7:00 PM 90% -1 75% 0 -1 8:00 PM 80% -1 50% 0 -1 9:00 PM 70% -1 20% 0 -1 10:00 PM 35% 0 20% 0 0 11:00 PM 10% 0 20% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [I] Source: ULI-Urban Land Institute'Shared Puking,"Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathemd Code- Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 4 RETAIL WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 Land Use RETAIL Size 4.266 KSF Pkg Ra[e(2] 4.0/KSF Gross 17 Spaces S aces 14 Guest S e. 3 Em .Sc. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[31 Spaces Demand 6:00 AM I% 0 10% 0 0 7:OOAM 5% 1 15% 0 1 8:00 AM 15% 2 40% 1 3 9:00 AM 35% 5 75% 2 7 10:00 AM 65% 9 85% 3 12 11:00 AM 85% 1 12 95% 3 15 12:00 PM 1 95% 13 100% 3 16 JPM 100% 14 100%. 3 17 95% 13 100% 3 16 90% 13 100% 3 16 90% 13 100% 3 16 95% 13 95% 3 16 6:00 PM 95% 13 95% 3 16 9:00 PM 95% 13 95% mo) 16 8:00 PM 80% 11 90% 14 9:00 PM 50% 7 75% 9 10:00 PM 30% 4 40% 5 11:00 PM 10% 1 15% 1 12:00 AM 0% 0 0% 0 Notes: [I] Source: ULI-Urban Land Institute"Shared Parking,'Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. 47 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 5 COFFEEMUICE SHOP WEEKDAY SHARED PARKING DEMAND ANALYSIS[71 Land Use COFFEEQUICE SHOP Size 2.368 KSF Pkg Rate[21 5.0/KSF Gross 12 Spaces Spaces 10 Guest S c. 2 Em .Sc. Shared Time %Of #Of %or #Of Parking __:1 21" Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 25% 3 50% 1 4 7:00 AM 50% 5 75% 2 7 8:00 AM 60% 6 90% 2 8 9:00 AM 75% 8 90% 2 10 10:00AM 85% 9 100% 2 11 11:00AM 90% 1 9 100% 2 11 12:00 PM 100% 10 100% 2 12 1:00 PM 90% 9 100% 2 11 2:00 PM 50% 5 100% 2 7 3:00 PM 45% 5 75% 2 7 4:00 PM 45% 5 75% 2 7 5:00 PM 75% 8 95% 2 10 6:00 PM 80% 8 95% 2 10 7:00 PM 80% 8 95% 2 10 8:00 PM 80% 8 95% 2 10 9:00 PM 60% 6 80% 2 8 10:00 PM 55% 6 65% 1 7 11:00 PM 50% 5 65% 1 6 12:00 AM 25% 3 35% I 4 Notes: [1] Source: ULI-Urban Land Institute'Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. J g Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 6 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 Land Use Medical/Dental Office Size .4.147 KSF Pkg Rate[2] 5/KSF Gross -21 Spaces Spaces -14 Visitor S c. -7 Emp.S c. Shared Time %Of #Of %Of #Of Parking of Day I Peak[3] Spaces Peak[31 Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% -13 60% 4 -17 9:00 AM 90% -13 100% -7 -20 10:00AM 100% -14 100% -7 -21 11:00 AM 100% 1 -14 100% -7 -21 12:00 PM 30% -4 100%. -7 -11 1:00 PM 90% -13 100% -7 -20 2:00 PM 100% -14 100% -7 -21 3:00 PM 100% -14 100% -7 -21 4:00 PM 90% -13 100% -7 -20 5:00 PM 80% -11 100% -7 -18 6:00 PM 67% -9 67% -5 -14 7:00 PM 30% 4 30% -2 -6 8:00 PM 15% -2 15% -1 -3 9:00 PM 0% 0 0% 0 0 10:00 PM:00 PM 0% 0 0% 0 0 11 0% 0 0% 0 0 12:00 AM 0% 0 1 0% 0 0 Notes: [1] Source: ULT-Urban Land Institute"Shared Parking,"Second Fdition.2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. �9 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table 7 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 Land Use Medical/Dental Office Size .0.260 KSF Pkg Rate[2] 4/KSF Gross -1 Spaces Spaees -1 Visitor Spe. 0 Emp.S e. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] S aces Peak[31 Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% -t 60% 0 -1 9:00 AM 90% -1 100% 0 -1 10:OOAM 100% -1 100% 0 -1 11:00 AM 100% -I 100% 0 -1 12:00 PM 30% 0 100% 0 0 1:00 PM 90% -1 100% 0 -1 2:00 PM 100% -1 100% 0 -1 3:00 PM 100% -1 100% 0 -1 4:00 PM 90% -1 100% 0 -1 5:00 PM 80% -1 100% 0 -1 6:00 PM 67% -1 67% 0 -1 7:00 PM 30% 0 1 30% 0 0 8:00 PM 15% 0 15% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0;; 0% 0 0 11:00 PM0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [11 Source: ULl-Urban Land Institute"Shared Parking,"Second Edition,2005, [2] Parking rates for all land uses are based on City Code and Grandfathered Code. Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Appendix Table S OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS[11 Land Use Office Size -1.222 KSF Pkg Rate[2] 4/KSF Gross -5 Spaces Spaces 0 Visitor Spe. -5 Emp.Spe. Shared Time %Of #Of %Of #Of Parking of Day Peak[3] Spaces Peak[3] S aces Demand 6:00 AM 0% 0 3% 0 0 7:00 AM 1% 0 30% -2 -2 8:00 AM 20% 0 75% -4 4 9:00 AM 60% 0 95% -5 -5 10:00 AM 100% 0 100% -5 -5 11:00 AM 45% 1 0 100% -5 -5 12:00 PM 15% 0 90% -5 -5 1:00 PM 459 0 90% -5 -5 2:00 PM 100% 0 100% -5 -5 3:00 PM 45% 0 100% -5 -5 4:00 PM 15% 0 90% -5 -5 5:00 PM 10% 0 50% -3 -3 6:00 PM 5% 0 25% -1 -1 7:00 PM 2% 0 10% -1 -1 8:00 PM 19 0 7% 0 0 9:00 PM 0% 0 3% 0 0 10:00 PM 0% 0 1% 0 0 11:00 PM 09 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI-Urban Land Institute"Shared Pulling,"Second Edition,2005. [2] Parking rates for all land uses are based on City Code and Grandfathered Code. �2 Planning Commission - December 04, Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) APPENDIX B EXISTING VS PROPOSED TENANT MIX 52 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2O14-157) Existing Net Gross Suite Tenant Use Usable SF Rentable SF Comments- Parking 100 A&B Newport Heights Medical- Dr Dubrow and Dr Forman Medical 3,674 4,298 Grandfathered at 1/250 based.on Net Usable 106 Newport Bluffs Surgery Center Medical 2,176 2,540 Grandfathered at 1/250 based on Net Usable(PCO 587-2002) 111 Or Rettig Chiropractic Medical 1,299 1,520 Grandfathered at 1/250 based on Net Usable 200/201 Brite Smile Dental-1 Foster Weems, DDS Medical 2,171 2,534 Grandfathered at 1/250 based on Net Usable 204 Aspen Dental -Brian Ley, DDS Medical 1,752 2,045 Grandfathered at 1/250 based on Net Usable 205 Back to Basics health-Chiropractor Medical 2,458 2,869 Grandfathered at 1/250 based on Net Usable 202 Serra Moss Chiropractic Medical 464 542 Grandfathered at 1/250 based on Net Usable 214 Newport Permanent Make-Up-Deborah Miller Medical 585 684 Grandfathered at 1/250 based on Net Usable 14,579 105/107/109/114 No Escape Fitness Retail/Fitness 2,510 2,936 Granfathered as Approved Office 1/250 based on Net 2,510 203 Alysia Borgman, DDS Medical 798 932 Per current standard 1/200 based on Gross 206 Vacant Medical 355 415 Per current standard 1/200 based on Gross 207 Vacant Medical 1,884 2,060 Per current standard 1/200 based on Gross 208 Vacant Medical 715 836 Per current standard 1/200 based on Gross 210 Dr.Sharon O'conner Medical 714 835 Per current standard 1/200 based on Gross 5,079 211 Azonic Insurance Office 514 601 Per current standard 1/250 based on Net 212 Sharon Antonucci Office 531 621 Per current standard 1/250 based on Net 1,222 103 Vacant Retail 1,176 1,376 Per current standard 1/250 based on Gross 1,376 Attic Building Owner Building Storage 1,020 1,020 Per current standard 1/2,000 based on Net Usable Attic Building Owner Building Storage 1,504 1,504 Per current standard 1/2,000 based on Net Usable 2,524 112/121 Vacant Restaurant 3,531 4,122 Grandfathered under UP 2001-025 (PA2002-117) 53 Planning Commission - December 04, 2014 Item 3a: Additional Materials Received 1617 Westcliff Drive (PA2014-157) Proposed Net Gross Suite Tenant Use Usable SF Rentable SF Comments- Parking 206-214 Newport Heights Medical - Or Dubrow and Dr Forman Medical 5,298 6,185 Grandfathered at 1/250 based on Net Usable 106 Newport Bluffs Surgery Center Medical 2,176 2,540 Grandfathered at 1/250 based on Net Usable (PCO 587-2002) 200/201 Brite Smile Dental -J Foster Weems, DDS Medical 2,171 2,534 Grandfathered at 1/250 based on Net Usable 204 Aspen Dental - Brian Ley, DDS Medical 1,752 2,045 Grandfathered at 1/250 based on Net Usable 205 Back to Basics health -Chiropractor Medical 2,458 2,869 Grandfathered at 1/250 based on Net Usable 202 Newport Permanent Make-Up- Deborah Miller(Formerly Serra Moss Chiropractor) Medical 464 542 Grandfathered at 1/250 based on Net Usable Total 14,319 107/109/111 Ra Yoga (formerly Aline Studios) Retail/Fitness 2,316 2,703 Granfathered as Approved Office 1/250 based on Net Total 21316 203 Alysia Borgman, DDS Medical 798 932 Per current standard 1/200 based on Gross Total 932 100 A Retail - LOFS-Juice Retail 852 995 Per current standard 1/250 based on Gross 100 B Retail - LOFS-Hair Salon Retail 2,162 2,524 Per current standard 1/250 based on Gross 103 Retail -Vacant Retail 1,176 1,373 Per current standard 1/250 based on Gross 105 Retail -Vacant Retail 582 679 Per current standard 1/250 based on Gross 114 Retail -Vacant Retail 911 1,063 Per current standard 1/250 based on Gross Total 6,634 Attic Building Owner Building Storage 1,020 1,020 Per current standard 1/2,000 based on Net Usable Total 1,020 112/121 Joans on Third (SUBJECT) Restaurant 3,531 4,122 Grandfathered under UP 2001-025 (PA2002-117) 54 Planning Commission - December 04, 2014 Item No. 3b: Additional Materials Presented At Meeting 1617 West Cliff - RestA Vtaif t (PA2014-157) Use Permit Amendment . p • Planning Commission - December 2, 2014 Planning Commission - December 04, 2014 Item No. • Additional • • / Introduction P ■ Establishment of New Restaurant141 Amendment of Use Permit �;� " 41 approved in 2002AS Earlier Hours — Open at am Full Lunchtime Operation ��4,µR �°`'` � � 4 ► ''s Parking Modification 77 Required �`, QpePwed ♦ ' ; ,' ' ' e"x , ;,�, •'c✓oo,• „ a" ,� wpm ♦ � by .y� � \ .n �, 'M s . 07/13/2012 Community Development Department- Planning Division 2 Planning Commission - December 04, 2014 Item No. • A•• • • Site Photographs c" rAll Ala All ^����a '0 ^ ������ ■ Multi -tenant Q y 11 �I°y _ �01 I Center ^1^. `' � ^6�:6 � �����" �,_ = parking ry F 128 . . spaces ^, ■ Dual access h �r f hINS xV 07/13/2012 Community Deve opment Department - Planning Division 3 Planning Commission - December 04, 2014 Item No. 3b: Additional Materials Pres eeting Site Photographs 1617 Westcliff Drive (PA2014-157) TAP +num v �► w 07/13/2012 Community Development Department- Planning Division Planning Commission - December 04, 2014 Item No. 3b: Additional Materials Pres eeting Site Photographs 1617 Westcliff Drive (PA2014-157) AWNWOM 07/13/2012 Community i ' � � I rL` rf Development .. Planning Commission - December 04, 2014 Item No. • Additional • Background 1617 Westcliff Drive (PA2014-157) Restaurant Operation Per UPzooz -oz5 Approximately 4, 000 sq .ft . 2 . Indoor and outdoor seating 3. Full on -site alcohol consumption (Type 47) Parking Waiver (9 spaces) 5 . Hours from llAMtoloPM; daily Use Permit Condition #13, . . . either the private dining room or outdoor seating shall be closed from 11 am to Spm . 07/13/2012 Community Development Department- Planning Division 6 Planning Commission - December 04, 2014 Item No. 3b: Additional Materials Pres eeting Project Details 1617 Westcliff Drive (PA2014-157) w Restaurant concept to include retail 10116 t Eliminate full -service • . Modify • urs — 7AM to ioPM S 07/13/2012 Community 7 1 1 q� '� •. I r n a .: r ��� �ll �• . F• V�� IMS _ ■'■i I� lid o a ■ � _ m 1 �i1�L9�W i i ��I Planning Commission - December 04, 2014 Item No. 3b: Additional Materials Presented At Meeting 1 R17 Westriiff Drive (PA2014-157) . . 4 Restaurant Seating 1,194 sq.ft. (indoor and outdoor seating) i Retail 2,272 sq.ft. (bakery, pre- ; 1 1: T packaged items, cheese, book, restrooms) r _I_ Non Public Area i,o3.5 sq.ft. (kitchen, storage) -Al I IN H _- i ' n' � it -�o I �.o I I --- I_ _—_ A FLOOR PLAN Planning Division 9 Planning Commission - December 04, 2014 Item No. • Additional • • i Parking Analysis Zoning Code Restaurant/Retail 46 Multi-Tenant Center 101 Total 147 Surplus/Deficiency -19 07/13/2012 Community Development Department- Planning Division 10 Planning Commission - December 04, 2014 Item No. • Additional • • i Parking Analysis i Restaurant/Retail 46 42 Multi-Tenant Center ioi 96 Total 3-47 138 Surplus/Deficiency -3.9 -10 07/13/2012 Community Development Department- Planning Division 11 Planning Commission - December nd. 2014 Item No. • Additional Materials eeting • 'A 1 0 Parking • lysis u r Zoning - Shared ML_ - (UL1 Methodology) Existing Restaurant/Retail 46 42 42 Multi-Tenant Center ioi 96 76 Total 147 138 118 Surplus/Deficiency -3.9 -10 +lo 07/13/2012 Community Development Department- Planning Division 12 Planning Commission - December 04, 2014 Item No. •: Additional Materials Present' Findings for Approvla"T ■ Parking Demand Analysis ■ City staff concurs with conclusion • Uses to be substantially consistent with the mix assumed in Parking Analysis Square • • . . % of Building Medical Office 15521 53% Retail and Take Out 6,634 23% Storage 11020 3% Fitness 21316 8% Restaurant/Retail 1531 12% 07/13/2012 Community Development Department- Planning Division 13 Planning Commission - December 04, 2014 Item No. • Additional • Recommendation 1617 Westcliff Drive (PA2014-157) Conduct a public hearing Approve Conditional Use Permit No . UP2014- 044 SIG � 07/13/2012 Community Development Department- Planning Division 14 Planning Commission - December 04, 2014 Item No. 3b: Additional Materials Presented At Meeting 1617 Westcliff Drive (PA2014-157) VIA • t 1• *• 1 f 1 T r I For more information contact: Brenda Wisneski 949-644-3297 bwisneski@newportbeachca.gov www.newportbeachca.gov