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HomeMy WebLinkAbout2.0_Gelson's Supermarket Conditional Use Permit_PA2015-214 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT November 3, 2016 Agenda Item No. 2 SUBJECT: Gelson's Restaurant - (PA2015-214) 1660 San Miguel Drive Conditional Use Permit No. UP2015-048 APPLICANT: Mark Motsenbocker, Gelson's Supermarket OWNER: The Irvine Company, LLC PLANNERS: Makana Nova, Associate Planner (949) 644-3249, mnova(@newportbeachca.gov James Campbell, Principal Planner (949) 644-3210. Jcampbell(o)newportbeachca.gov PROJECT SUMMARY Gelson's Supermarket (Applicant) applied for a conditional use permit to establish a small, eating and drinking establishment (restaurant) as an accessory use to its existing grocery store located in the Harbor View Shopping Center. The restaurant proposes to obtain a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control license, a Type 86 (Instructional Tasting) Alcoholic Beverage Control license. The proposed restaurant includes 636-square-feet of interior net dining area, a small bar, and a 700-square-foot outdoor patio. The Applicant's request requires consideration of a reduction of the required parking and off-site parking for employees. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 3) Adopt Resolution No. approving Conditional Use Permit No. UP2015-048 (Attachment PC 1). DISCUSSION This application was first considered at a noticed Planning Commission hearing held on September 21, 2016. At that time, the Commission was concerned about the design and size of the patio and employee parking. 1 V� QP �P Gelson's Restaurant November 3, 2016 Page 2 ? 1 [LL d lL L. L• Y The Applicant prepared an exhibit showing additional design detail of the patio (Attachment PC 2). The Applicant has not reduced the size of the patio. The Applicant worked directly with the Irvine Company to develop the concepts. Staff received an email from Newport Stationers, the closest and potentially most affected tenant, in support of the project (Attachment PC 3). The Applicant has provided a description of how they manage employee parking (Attachment PC 4). Before 8:00 a.m. and after 7:00 p.m., employees may park on-site when customer parking demand is low. To maintain parking availability for customers between 8:00 a.m. and 7:00 p.m., the Applicant requires their employees to park off- site. SPM„'GUtOM I 4� \ PPP �tst c� +Cp y �Pe if Oq('Ir44,rtFwO y S J i itM1♦ . ¢ � r 3 Gelson's Restaurant November 3, 2016 Page 3 The Applicant has leased 65 parking spaces at the Christian Science Church located at 3100 Pacific View Drive on a month-to-month basis since late 1999 (Attachment PC 5). The Applicant indicates they have no more than 40 employees on their largest shift so they are leasing more than their demand. The off-site parking facility is approximately a 1,000-foot walk along public sidewalks and a marked crosswalk. Parking at the church is available Monday through Saturday. On Sunday's, employees park on-site, at Lincoln Elementary School, or on Pacific View Drive. Staff learned about this parking arrangement after the September 22, 2016, staff report and recommendation was published. The parking utilization analysis prepared did not measure employee parking demand as it was occurring off-site. Staff was under the impression that employee parking demand was accounted for in the study. The parking analysis is valid and should achieve the desired result provided off-site parking is maintained for employees. Without the off-site parking lot, on-site parking and/or neighborhood streets would be impacted. As a result of this new information, staff is modifying its recommendation to approve an off-site parking agreement for 40 off-site parking spaces pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.100 for Monday to Saturday. A parking waiver is required for Sundays. Off-Site Parking— Monday through Sunday To approve an off-site parking agreement, the following findings are required by NBMC Section 20.40.100(8): 1. The parking facility is located within a convenient distance to the use it is intended to serve; 2. On-street parking is not being counted towards meeting parking requirements; 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Additionally, a parking agreement, which guarantees the long-term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder's Office. Should there be a change in ownership or the loss of the off-site parking, the Applicant is required to inform the City and provide substitute parking acceptable to the Community Development Director; or the size or capacity of the use authorized by the CUP is reduced in proportion to the parking spaces lost. 4 Gelson's Restaurant November 3, 2016 Page 4 The current parking lot at the church is a reasonable distance for employees to walk. There are two other potential parking lots nearby that could also be used, both churches. On street spaces are not used to satisfy code required parking despite their potential use. Traffic along Pacific View Drive between the two sites, given the limited number of employees and shifts, and proximity to the site suggest that no undue hazard is created. The parking agreement recorded against the shopping center will ensure permanently available off-site parking at a location acceptable to the Community Development Director. Parking Waiver— Sunday and Maior Religious Holidays The current lease for the church does not make parking available on Sundays. On those days, parking at the school and Pacific View Drive is possible but not guaranteed. The fact is, this parking arrangement has occurred successfully for close to 20 years without incident, which suggests it is convenient and effective. Under these circumstances, a partial waiver of the spaces (Sundays and religious holidays potentially) is required. Lastly, Staff has included a condition prohibiting the Applicant's employees from parking along Crown Drive or any residential street that takes access from Crown Drive. A reduction of required parking must satisfy the following conditions pursuant to NBMC Section 20.40.110(B)(1) of the Zoning Code: 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); b. A parking management plan shall be prepared in compliance with subsection (C). The parking utilization analysis prepared by Pirzadeh & Associates, Inc. dated August 4, 2016, shows the existing 281-space parking lot can accommodate predicted increase in parking demand for the use without accounting for the Applicant's employees. On-site parking utilization would be roughly 88 percent with the proposed dining area. On Sundays, employees will park on-site, at Lincoln Elementary School or Pacific View Drive but as with every other day are prohibited from parking along Crown View Drive. The parking analysis shows the peak demand during the week (Thursdays) and not on Sundays. Therefore, it can be deduced that on-site parking availability on Sunday is better than Thursdays to allow some employees to park on-site. Additionally, the Applicant indicates that the outdoor dining area is staffed by existing employees who would be trained to work both the restaurant and market. In summary, staff believes the combination of on-site parking and nearby public parking at Lincoln Elementary and Pacific View Drive will accommodate the proposed use. Direct evidence is in the fact that the arrangement has functioned for close to 17 years. Gelson's Restaurant November 3, 2016 Page 5 Parking management plans are intended to mitigate the potential impacts associated with a reduction in the number of required parking spaces. Pursuant to NBMC Section 20.40.110(C), plans may include, but are not limited to the following, when required by the review authority: 1. Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking in compliance with [NBMC] Section 20.40.100 (Off-Site Parking); 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. On Sundays, there is lower parking demand onsite and use of off-site parking is available. Lincoln Elementary School is closed, but the parking is available for visitors to the sports field. The churches along Pacific View Drive have off-street parking, overflow street parking, and their peak needs are generally in the morning. The parking utilization analysis shows that the various land uses can coexist without significant conflict within the shopping center. Finally, the proposed use will function as an accessory use to the market and parking demand based upon using the Zoning Code restaurant parking standard may over predict actual parking demand. Based upon the information provided, the suggested conditions of approval, and updated parking management plan, staff believes that the conditions required pursuant to NBMC Section 20.40.110 to waive the parking on Sundays are satisfied. Alternatives 1. The Planning Commission may approve a modified project. If the changes are substantial, the item should be continued to a future meeting to allow for the changes to be incorporated into a revised resolution. 2. The Planning Commission may deny the project if the Commission is unable to make the findings for approval (Attachment PC 6). Environmental Review Staff recommends the Planning Commission find the project categorically exempt pursuant to Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. The project involves the conversion of a portion of an existing grocery store to a food service use and the addition of a 700-square-foot 0 Gelson's Restaurant November 3, 2016 Page 6 outdoor dining patio within the common area of the existing shopping center. No unique circumstances exist that would potentially invalidate the finding. 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) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: W co��k&d rnl�w J es Campbell, Principal Plariner *aW—isnesl(i, ICP, Deputy Director ATTACHMENTS PC 1 Updated draft resolution for project approval PC 2 Patio concept design details PC 3 Email from Newport Stationers PC 4 Gelson's employee parking management description PC 5 Parking lease with Christian Science Church PC 6 Resolution for denial V� QP �P g Attachment PC 1 Updated draft resolution for project approval 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2015-048 TO ALLOW A FOOD SERVICE USE WITH A TYPE 41 (ON SALE BEER AND WINE) ALCOHOL LICENSE, A TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOL LICENSE, AN OUTDOOR DINING PATIO, AN OFF-SITE PARKING AGREEMENT, AND A PARKING REDUCTION LOCATED AT A GROCERY STORE LOCATED AT 1660 SAN MIGUEL DRIVE (PA2015-214) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Motsenbocker representing Gelson's Supermarket (Applicant), with respect to property located at 1660 San Miguel Drive, and legally described as Parcel 2 of Parcel Map No. 35-01 (Resubdivision No. 284), being a portion of Block 93, of Irvine's Subdivision per Map recorded in Book 1, Page 88, Miscellaneous Record Maps, Records of Orange County, California, requesting approval of a conditional use permit. 2. The Applicant proposes a conditional use permit to allow the establishment of a new food service (restaurant) at an existing grocery store, Gelson's. The restaurant would operate with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license and a Type 86 (Instructional Tasting) license. The Applicant requests an adjustment of the required parking and authorization of an off-site parking agreement pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.40. The food service includes a 636-square-foot interior net public area and a 700-square-foot outdoor dining patio. 3. The subject property is located within the CN (Commercial Neighborhood) Zoning District and the General Plan Land Use Element category is CN (Neighborhood Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 22, 2016, and November 3, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small 11 Planning Commission Resolution No. #### Page 2 of 19 Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. 2. The project involves the conversion of a portion of an existing grocery store for a food service use (696 square feet) and the addition of a 700-square-foot outdoor dining patio within the common area of an existing, neighborhood shopping center. The scope of work falls below the thresholds identified under the Class 3 exemption and no special circumstances such as environmentally sensitive resources are present. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales of the Zoning Code considering the criteria provided in NBMC Section 20.48.030 (C)(3)(a)-(e) Facts in Support of Finding: 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to maintain a healthy environment for residents and businesses. Alcohol service is intended for the convenience of customers dining at the restaurant, which is proposed to be located within and accessory to an existing grocery store. 2. The subject property is located in a shopping center that is intended to serve the surrounding residential neighborhoods. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses. 3. The project site is located in Reporting District (RD) No. 53, which includes the Harbor View Hills Community to the northeast and is bounded by San Joaquin Hills Road, San Miguel Drive, and Spyglass Hill Road. Based upon 2015, crime statistics provided by the Newport Beach Police Department, the part one crime rate in RD 53 was 1,287 crimes per thousand persons. This rate is slightly higher than two adjacent reporting districts (RD 47 @ 971 crimes per thousand and RD 51 @ 971 crimes per thousand) and lower than RD 52 with 1,506 crimes per thousand. The part one crime rate in RD 53 is lower than the citywide average of 2,739 crimes per thousand persons. 4. Based upon 2015, statistics provided by the Newport Beach Police Department, RD 53 had zero DUI/Drunk Arrests, 8 other arrests and 945 Calls for Service that included items other than alcohol-related calls. These statistics are lower than RD 47 and 52 11-03-2016 12 Planning Commission Resolution No. #### Page 3 of 19 and slightly higher than RD 52. From January 1, 2015 through December 31, 2015, the Police Department reported 77 calls for service to the shopping center for various reasons including parking/traffic, medical aid, theft, and code violations. Of the 77 calls for service, four were alcohol-related calls for persons drunk in public. The Police Department does not anticipate the rate of alcohol-related calls to change significantly with the approval of the project. 5. Residential uses are located immediately adjacent to the shopping center to the southeast and across the street to the north, east, and west. The nearest place of recreation, Lincoln Athletic Center and San Joaquin Hills Park & Lawn Bowling Center, are located approximately 430 feet to the southeast. The nearest church and daycare, Lutheran Church of the Master and Pacific Shores Day Care, are located approximately 880 feet to the northeast of the subject property across Pacific View Drive. The nearest school, Lincoln Elementary School, is located approximately 850 feet to the east. The area is considered a low-crime community in the City and the Police Department is not concerned that the use will generate an increase in the crime rate based upon the location, operational characteristics, and conditions of approval. 6. The draft resolution includes conditions of approval to avoid and minimize potential negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 7. The applicant currently possesses the Type 86 ABC license and currently operates with no objectionable conditions. The requested Type 41 ABC license would be a new license and is not in response to objectionable conditions occurring at the site. In accordance with NBMC Section 20.40.100(B) (Off-Site Parking), the following findings are must be met to authorize off-site parking to satisfy required parking: Finding: B. The parking facility is located within a convenient distance to the use it is intended to serve; Fact in Support of Finding: The Applicant has had a month-to-month lease for an off-site parking located at 3100 Pacific View Drive (a church property) since 1999. The location is approximately a 1,000-foot walk along public sidewalks and a painted cross walk across Pacific View Drive. These parking spaces are not available on Sundays or other religious holidays. Other private parking lots at churches are located in the vicinity and are a similar distance from the project site. These other lots could also be potential sites for an off- site parking facility should parking at 3100 Pacific View Drive be unavailable in the future. 11-03-2016 13 Planning Commission Resolution No. #### Page 4 of 19 Finding: C. On-street parking is not being counted towards meeting parking requirements,- Fact equirements,Fact in Support of Finding: On-street public parking spaces including, but not limited to, those parking spaces on Crown Drive and Pacific View Drive are not counted towards meeting the off-street parking requirement. Finding: D. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and Facts in Support of Finding: 1. The Applicant's peak employee staffing needs is approximately 40 employees and not all employees arrive and depart the facility at the same time. 2. The parking facility is not located near residential uses. The path of travel for employees between the off-site lot and the project site will not generate undue impacts to nearby uses due to the limited number of employees over time with differing shifts. 3. The Applicant's employees have been utilizing the off-site parking lot at 3100 Pacific View Drive for approximately 17 years and have not created an undue traffic hazard or serious impacts to other uses that abut or use Pacific View Drive. Finding: E. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. Forty (40) parking spaces shall be provided for employee parking at an off-site, private lot by a lease or other binding private agreement (required off-site parking). 2. The required off-site parking shall be located within a convenient distance to the project site as determined by the Director of Community Development (Director). On- street parking shall not be included and use of the required off-site parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. 3. The required off-site parking shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2015-048 remains effective. 11-03-2016 Planning Commission Resolution No. #tl## Page 5 of 19 4. A parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director, that guarantees the availability of the required off- site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Community Development Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2015-048, the Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2015-048 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary. In accordance with NBMC Section 20.40.110(B)(1) (Reduction in Off-Street Parking), the following conditions are set forth for a parking reduction for Sundays and major religious holidays: Finding: F. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed-use development). Facts in Support of Finding: 1. Parking within Harbor View Shopping Center includes a 281 space shared surface parking lot. All of these spaces are within a convenient distance to the businesses they serve. 2. Harbor View Shopping Center provides several retail and food service tenants within close proximity of one another, which generates the opportunity for shared trips and results in reduced parking demand. The proposed food service establishment is an accessory use of the grocery store. Primary access to the proposed food service area occurs from the interior of the grocery store and the majority of patrons are likely to be patrons of the grocery store. As a result, the parking demand for the new food service is likely to be less than it would be if it were operating as a separate business. 3. The parking utilization analysis prepared by Pirzadeh & Associates, Inc. dated August 4, 2016, shows the existing 281-space parking lot can accommodate predicted increase in parking demand for use without accounting for Gelson's employees. On- 11-03-2016 15 Planning Commission Resolution No. #### Page 6 of 19 site parking utilization would increase to roughly 88 percent. Employee parking would not be accommodated on Sundays and major religious holidays based upon the existing lease for off-site parking with the church located at 3100 Pacific View Drive. Employees would park on-site, at Lincoln Elementary School or Pacific View Drive and would be prohibited from parking along Crown View Drive. The parking analysis shows the peak demand is during the week (Thursdays) and not on Sundays. Therefore on- site parking availability on Sunday would be lower than Thursdays and allow some employees to park on-site. Additionally, Gelson's indicates that number of employees would not increase as existing employees would be trained to work the both the restaurant and market. The combination of on-site parking and nearby public parking at Lincoln Elementary and Pacific View Drive will accommodate the proposed use on Sundays and major religious holidays when parking at the church would not be available. 4. The applicant has been providing an off-site parking facility for employee parking since 1999 at a nearby property located approximately 1000-feet away. The off-site parking facility is at a church and the parking spaces are not available on Sundays or other religious holidays. Public parking along Pacific View Drive and at Lincoln Elementary is generally available when parking at the church is not available because the school is not open for instruction on Sundays or other major religious holidays. The permanent provision of off-site parking for the applicant's employees at the church or other nearby lot is necessary to ensure that on-site parking is available to the project and other patrons and employees of the shopping center and to avoid employee parking in proximity to residents that could create nuisances. Finding: G. A parking management plan (PMP) shall be prepared in compliance with NBMC Subsection 20.40.110(C) (Parking Management Plan). Fact in Support of Finding: 1. A PMP dated October 25, 2016, has been prepared for Gelson's operating at the Harbor View Shopping Center. The PMP provides for effective management of employee to ensure adequate parking on Sundays and major religious holidays when parking is not available at the Christian Science Church located at 3100 Pacific View Drive. A condition of approval requires implementation of the PMP. The PMP is also attached to this resolution and incorporated herein by reference. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: H. The use is consistent with the General Plan and any applicable Specific Plan. 11-03-2016 10 Planning Commission Resolution No. #### Page 7 of 19 Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the properties at Harbor View Shopping Center as CN (Neighborhood Commercial). This designation is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed wine and tapas food service would be a part of an existing grocery store that serves the surrounding residential communities and would be consistent with this land use designation and zoning district. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Providing off-site parking in accordance with NBMC 20.40.100 and the parking reduction in accordance with NBMC 20.40.110 will ensure that adequate parking is provided for the project. 3. The project site is not located within a Specific Plan area. Finding: I. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Land Use Element of the General Plan and Zoning Code designates the properties at Harbor View Shopping Center as CN (Commercial Neighborhood). This designation is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed wine and tapas bar would be a part of an existing grocery store that serves the surrounding residential communities and would be consistent with this land use designation and zoning district. 2. The existing development at Harbor View Shopping Center provides 0.31 FAR and complies with the maximum 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures will not result in increases to the existing gross floor area and resulting FAR. 3. The proposed off-site parking is consistent with NBMC Section 20.40.100 (Adjustments to Off-Street Parking) and the facts in support findings .and parking reduction and PMP are consistent with NBMC Section 20.40.110 (Adjustments to Off- Street Parking Requirements) based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Improvements are largely interior to the existing grocery store and the exterior patio complies with all setbacks and building regulations. The proposed patio does not block 11-03-2016 27 Planning Commission Resolution No. #### Page 8 of 19 pedestrian access within the shopping center or any parking spaces based upon the proposed improvement plans. Finding: J. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The existing neighborhood shopping center has been in operation for many years and the proposed restaurant with outdoor patio will be accessory to the existing grocery store. Other small scale food uses are provided in the shopping center and common outdoor dining areas are provided in the common area of the shopping center. The hours of operation of the use would be limited to 11:00 a.m. to 9:00 p.m. 2. The proposed outdoor patio is within a common area within the center of the shopping center and the existing buildings and parking area effectively shield the use and patio from nearby residential uses. 3. The proposed outdoor dining patio does not block pedestrian circulation, parking spaces, or access to existing tenants based upon the proposed improvement plans. 4. The establishment will comply with NBMC standards for food service uses with alcohol service. The establishment is expected to help the grocery store compete economically with other high-end grocery stores in the area. 5. The off-site parking and parking reduction will allow for the food service with alcohol service consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking demands are met over time without avoiding undue parking on the streets to the detriment of the neighborhood. Finding: K. 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 facts in support of Finding J above support this finding and are incorporated by reference. 2. Emergency access to and through Harbor View Shopping Center is currently provided from San Joaquin Hills Drive, San Miguel Drive, and Pacific View Drive. Fire access driveways and fire hydrants are currently provided and have been reviewed and 11-03-2016 12 Planning Commission Resolution No. #### Page 9 of 19 approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 3. Harbor View Shopping Center is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public and private services and utilities. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and the food service use will be reviewed by the Orange County Health Department prior to the issuance of building permits. Finding: L. 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 facts in support of findings A through K above support this finding and are incorporated by reference. 2. The proposed use is small and is primarily within an existing grocery store. The proposed outdoor patio is shielded by the existing building parking lot from residences in the area. 3. The hours of operation of the proposed restaurant are limited to 11:00 a.m. to 9:00 p.m. and are typical hours of operation of a neighborhood-serving shopping center. 4. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-048 to allow a wine and tapas food service use with a Type 41 (on sale beer and wine) alcohol license, a Type 86 (instructional tasting) alcohol license, an outdoor dining patio, and a parking waiver, subject to the conditions set forth in Exhibit A and the Parking Management Program as set forth in Exhibit B, which are attached hereto and incorporated by reference. 11-03-2016 29 Planning Commission Resolution No. #### Page 10 of 19 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 3`d DAY OF NOVEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 11-03-2016 Planning Commission Resolution No. Ott Page 11 of 19 EXHIBIT A CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the site plan, floor plans, and building elevations attached to the September 22, 2016, Planning Commission staff report and design concepts attached to the November 3, 2016, Planning Commission staff report (except as modified by applicable conditions of approval). 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 3. Use Permit No. UP2015-048 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060(A)(1) (Time Limits and Extensions), unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 6. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 8. A copy of the Resolution, including conditions of approval Exhibit A and the Parking Management Plan shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 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 and associated outdoor dining patio shall be limited from 11:00 a.m. through 9:00 p.m., daily. 11-03-2016 21 Planning Commission Resolution No. Ott Page 12 of 19 11. That the "net public area" of the restaurant shall not exceed 636 square feet for the interior of the subject restaurant facility. 12. The accessory outdoor dining patio shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 700 square feet in area. The door exit from the 13. The restaurant and patio seats shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved or removed to increase the occupancy by creating standing only areas. The exit gate from the patio shall not be utilized as an entrance to the patio. 14. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 15. The establishment shall implement the Parking Management Plan dated November 3, 2016. The existing 281-space common parking lot for the Harbor View Shopping Center shall be available for use by shopping center patrons and employees. The applicant shall provide and maintain access to 40 parking spaces at a nearby private off-street parking lot subject to the review and approval by the Community Development Department consistent with the conditions of approval. 16. Grocery store and restaurant employees and managers shall be prohibited from parking on Crown Drive or any residential street access from Crown Drive. 17. Forty (40) parking spaces shall be provided for employee parking at an off-site, private lot by a lease or other binding private agreement(required off-site parking). The required off- site parking shall be located within a convenient distance to the project site as determined by the Director of Community Development(Director). On-street parking shall not be included and use of the required off-site parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. The required off-site parking shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2015-048 remains effective. 18. A parking agreement or covenant, in a form approved by the City Attorney and the Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2015-048, the Director shall establish a reasonable 11-03-2016 22 Planning Commission Resolution No. off Page 13 of 19 period of time in which one of the following shall occur.- 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2015-048 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary. 19. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the intensification of use in accordance with NBMC Chapter 15.38. 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 22. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of- way. 23. 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. 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). 25. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 26. 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 Gelson's Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2015-048 (PA2015-214). 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, 11-03-2016 23 Planning Commission Resolution No. Ott Page 14 of 19 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. Police Department Conditions 27. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 28. There shall be no live entertainment or dancing on the premises. 29. All owners, managers, and employees selling alcoholic beverages shall undergro 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. 30. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 31. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. Signs shall be posted at all exits of the restaurant and outdoor patio that prohibit the removal of open alcoholic beverages from the licensed premises. Alcohol purchased at the grocery store shall not be consumed in the restaurant or outdoor patio and patrons shall be prohibited from bringing their own alcohol to the premises for consumption. 32. There shall be no reduced price alcoholic beverage promotions. 33. Food Service from the regular menu must be made available to patrons during all open hours. 34. 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. 35. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which 11-03-2016 24 Planning Commission Resolution No. Ott Page 15 of 19 reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 36. Strict adherence to maximum occupancy limits is required. 37. The operator of the restaurant shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall be comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Fire Department Conditions 38. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code Section 609.2. 39. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type I hood shall be protected with an approved automatic fire- extinguishing system installed in accordance with this code. CFC Section 904.2.1. 40. Fire extinguishers with a Class K rating shall be provided for hazards where there is a potential for fires involving combustible cooking media (vegetable or animal oils and fats). Maximum travel distance shall not exceed 30 feet from the hazard to the extinguishers. Also a 2A 10BC type fire extinguisher will be required for the control of other classes of fires for the occupancy. Buildinq Division Conditions 41. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 42. Prior to the issuance of building permits, gates and doors must comply with Section 11 B- 404 of the CBC. 43. Prior to the issuance of building permits, the plans shall reflect accessible seating in the new patio dining area in accordance with Section 11 B-221 of the CBC. 44. Prior to the issuance of building permits, accessible seating at the bar and other locations shall not be located in the required exit clear width and or common paths to exits or common paths of travel in accordance with Section 11 B-305 of the CBC. 45. Prior to the issuance of building permits, counters, bars, and tables and point of sales must illustrate compliance with Chapter 11 B of the CBC. 11-03-2016 2.5 Planning Commission Resolution No. #### Page 16 of 19 46. Prior to the issuance of building permits, plans must illustrate compliance with Section I IB-202 of the CBC. 47. Prior to the issuance of building permits, iustifrcation for the required number of plumbing fixtures, per Section 422.0 CPC must be illustrated on the plans. 48. Prior to the issuance of building permits, architectural, plumbing, mechanical, electrical, and energy plans shall be provided. Public Works Conditions 49. County Sanitation District fees shall be paid prior to the issuance of any building permits. 11-03-2016 Planning Commission Resolution No. #### Page 17 of 19 EXHIBIT B PARKING MANAGEMENT PROGRAM 11-03-2016 Gelson's Harbor View Shopping Center Parking Management Plan 1660 San Miguel Drive UP2015-048 (PA2015-214) November 3, 2016 The following Parking Management Plan for Gelson's grocery store and its accessory restaurant, located at 1660 San Miguel Drive is provided pursuant to Section 20.40.100 (Off- Site Parking) and Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms and requirements to mitigate impacts associated with a reduction of the off- street parking spaces required for the accessory restaurant. Hours of Restaurant Operation 11:00 a.m. to 9:00 p.m., daily On-Site Parking A minimum of 281 parking spaces shall be provided within the common surface parking lot for Harbor View Shopping Center and made available to patrons and employees. Captive Market and Reduced Parking Demand 1 . Harbor View Shopping Center provides several retail and food service tenants within proximity of one another generating the opportunity for on patron to visit multiple uses thereby reducing parking demand and vehicle trips to the center. 2. Gelson's restaurant is an accessory use of the grocery store. Primary access occurs from within grocery store and the majority of patrons are likely to be patrons of the grocery store. 3. The location of nearby uses within walking distance of one another generates the opportunity for walk-in patronage. Off-Set Peak Hours Peak hours for the restaurant are expected to occur in the late afternoon and early evening hours whereas the peak parking demand within the shopping center typically occurs during the lunch hour at 1:00 p.m., as demonstrated by the Parking Utilization Analysis prepared on August 4, 2016, by Pirzadeh & Associates, Inc. 22 Gelson's Harbor View Shopping Center Parking Management Plan UP2015-048 (PA2015-214) November 3, 2016 Off-Site Employee Parking The applicant (Gelson's) or their successor shall secure and provide a minimum of 40 off- street parking spaces at a property located on Pacific View Drive for employee parking. Access to the spaces shall be secured by a written agreement. A copy of the written agreement shall be submitted to the Community Development Department (Department). The location of the off-street parking lot is subject to the review and approval of the Department. If access to the off-site private parking is lost for whatever reason, the applicant shall immediately inform the Department. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2015-048, the Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2015-048 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary. Employee Parking Restrictions Employees may park on-site when peak parking demand for the shopping center is not experienced. Otherwise, employees shall park at a designated private parking lot in the vicinity. Parking along Pacific View Drive and at Lincoln Elementary School are allowed locations for employees to park when the approved private parking lot is not available provided the Newport Mesa School District allows said use of their property. Employee parking along Crown Drive and all residential streets that take access from Crown Drive is strictly prohibited. Parking Summary Spaces On-Site Parking Provided (prior to project) 281 Existing Code Required Parking On-Site (prior to project) 280 Surplus Parking (prior to project) 1 Gelson's Restaurant Required Parking (30 spaces — 3 space 27 credit) Total Spaces Waived For Gelson's Restaurant 26 Surplus Parking Available (after implementation of project) 0 Off-site private parking provided by Gelson's for employees 40 11-03-2016 �9 V� QP �P 30 Attachment PC 2 Patio concept design details 31 V� QP �P HARBOR VIEW TENANT PATIO - CONCEPTUAL DESIGN NEWPORT BEACH , CALIFORN�'�� . 1` +�,t � .;, �� ` �; ^—"r ���5_ � F� . �► �' � I . . . . ., ; a r-•'\y�'� s X91 k/ i� :tet,,. i �� '��� `a , 1 � 1 c REGIONAL CONTEXT LOCAL CONTEXT SHEET INDEX w BIG CANYON f e I RESERVOIR ropy Y Y REVISED CONCEPTS • 2016 -10 -14 EXISTING TO REMAIN Building © Column Q © Architectural Awning D II I I I I '�-/-►�. y�4 / I I r �o Fabric Awning Circular Raised Planter Seatwalls y I/ (E) Plant Pottery/ T I K © European Fan Palm 0 @ Storefront Signage C 0 AC Unit at Building Rooftop J J Pedestrian Light Poles to be Removed&Match New Lighting. (X) Bollards PROPOSED IMPROVEMENTS H F 12'-0"Sq. Umbrella with Lighting J8'-0"Sq. Umbrella F A IrIjCJr I ® 2-Top Table and Chairs E a Soft Seating {� MICHAEL NUSSKERN — I " CoffeeTable o Landscape Area F- Palm CL Wall Cap&Wall Finish at Planter U —© Seatwall z Eardscape O N` u M Wall cornice O Adjacent Building Refer a H GELSON'S Section Enlargement(Futuie Improvement) [1 �k�. - ){p® �Ie i uMARKET m Pedestrian Light Poles z J'1''.. 7� I ® New Screen Wall for Unit LU � I Building Rooftop(Future Improro v,) w mNo ® Trash Receptacles ym Pottery � i ® New Tenant Patio-See Sheet 02 L _ _ for Enlargement t New Cart Corral-See Sheet 02 for Enlargement ® G O Q NOTE Outdoor heating to be provided C F H B C KEYMAP PICK-UP STIX FRESH (FUTURE CDM CLEANERS (FUTURE TENANT) ( NEWPORT STATIONERS BROTHERS TENANT) � I I 1 W O Flit, 41 OVERALL SITE PLAN 01 PROPOSEDIMPROVEMENTS O Q Paver Area to Match Existing © Paver Banding to Match Existing Q Screen Hedge W/Glass Enclosure T U V Bar Height Table and Chairs Q 2-Top Table and Chairs Umbrella(8' 10' TT11 � Q Soft Seating and Coffee ee Table 0 Pass Thru Counter and Seating C New Architectural Shade Awning J above Counter,Fabric Color to Match Large Square Umbrella at Central Plaza I m —23'-0"L.Cart Corral with Curb M Landscape Area ® New Awning Fabric to Match Large ISquare Umbrella at Central Plaza K r I + p ~ OL LU U I UI I o Q z a GELSON'S ENTRY v LU I 02 o z u s' I � TENANT PATIO QUANTITIES IITEM PROPOSED Patio Square Footage 700SF Total Seats +32 I KEYMAP I - • • i _ I� �In TENANT PATIO ENLARGEMENT AND MATERIAL IMAGERY ®Z GELSON'S ENTRY T i y ca JoIr n CJ Al 1 I LLI U PALM PLANTERS WITH NEW WALL CAP AND STUCCO FINISH PALM PLANTERS WITH NEW WALL CAP AND STUCCO FINISH AND LIGHTING SOFT SEATING CLUSTER O u ® 0 a F- z a h z Lu .. a - it M.L.-�-, ���,; {•;.� ? �"".:. LARGE UMBRELLA WITH SANDY BIEGE FINISH AND REFINISHED PLANTER 2-TOP DINING TABLE AND CHAIR CLUSTERS WITH SMALL UMBRELLA OPEN PLAZA WITH NEW DINING FURNITURE NEAR GELSON'S ENTRY PLAZA COMPLETION IMAGERY 03 Attachment PC 3 Email from Newport Stationers S V� QP �P 3g From: Colin West To: Campbell,James Cc: Fred White;Jacquie Slobom; Barry West;John Tackman; Peogy Tackman Subject: PA 2015-214 Gelsons Wine Bar Conditional Use Permit Date: Tuesday,October 25,2016 3:02:44 PM Mr. Jim Campbell Principal Planner Planning Department City of Newport Beach Dear Mr. Campbell, Newport Stationers are pleased to respond to a request from our neighbors, Gelsons Market, to express our support of their application to install a wine bar/patio extension of their coffee shop. After reviewing their plans we believe that adverse effects will be minimal, while the potential for increased community interest and support might be considerable. Also, your department's willingness to consider the impact this project may have on neighbors is appreciated. Sincerely, Colin West President 39 V� QP �P �o Attachment PC 4 Gelson's employee parking management description 41 V� QP �P Parking Procedures for Newport Beach All employees are required to park their cars in our off-site lot (agreement with the Christian Science Church) between the hours of 8:00 a.m. -7:00 p.m.These hours are based on the peak traffic needs in the parking lot, but still allows for our employees to park within a safe proximity to the store during non- daylight hours. The designated parking location Monday—Saturday is located just up the street from the store at the Christian Science Church, 3100 Pacific View Drive. We instituted this practice back in 1999 in order to provide ample parking for our customers and the center and it is an evergreen contract. We continue to keep a good relationship with our parking partner and will always provide this off-site requirement to ensure ample parking for our customers and the center. Parking on Sunday is located directly across from the Church on Pacific View Drive along with parking at the adjacent Lincoln Elementary school.The parking on Pacific View is sufficient to fill our needs and does not take away from any homes in the area as the surrounding condos and apartments have ample parking for their tenants. -4.3 V� QP �P Attachment PC 5 Parking lease with Christian Science Church 45 V� QP �P 1'2%09/99 TNU 09:34 FAX 918 990 7977 GELSON'S MARKETS »»» ACCOUNTING 10 004 Second Church of Christ, Scientist,Newport Beach 3100PACIFIC VIEW DRIVE CORONADELMAR,CALIFORNIA 92679 014) 6442617 December 5,1999 GelsoWs Markets 16400 Ventura Blvd., Ste 240 Encino,CA 91496-2123 Att'n: Bill Roulette, Senior Vice President Dear Mr. Roulette, Enclosed 3 signed copies of your lease proposal to rent sixty five(65) parking spaces of the Church parking lot. The terms submited are acceptable with one exception. We hold Church Services each Wednesday night and feel there should be sufficient parking in the "Reserved" spaces. However in the event the Church spaces fill up,we may find it necessary to park in empty Gelson's spaces. The Wednesday night hours would be from 7:30 PM to 9:00 PM. U further information is required, please contact our office. Sincerely, EXECUTIVE BOARD, Tony,b`/edia Cler ' 1 t o9,99 rutj 09:33 PAS 818 990 7877 GIiLSON'S HAIUIBI'S ••-.•. ALCUUN101. „�, UU1 celson ,'8 Mark®te ; 16400 Ventura Boulevard, suite 240 Encino, California 91436-2123 u November 19, 1999 Post-IN Fa%Note 7671 1 Oa10 pia"p The Second Church of them C i From Christ Scientist _ — Attn: Tony Sedia, Secretary aoMopi. 3100 Pacific View Phan*4 'Pl. Cad) Me Corona del Mar, CA 92.660 Fox grdiom +his, Ladies and Gentlemen: uk bou. - This agreement sets forth the terms by which Gelson' s Markets, a California corporation (`Gelson's") will rent sixty-five (65) parking spaces from The Second Church of the Christ Scientist (the `Church") on the following terms: 1. Gelson's and its employees will be allowed to use exclusively 65 parking spaces from Monday through Saturday during the term of this Lease. Gelson's exclusive use of these parking spaces shall be during the entire 24-hour day. Neither Gelson's nor its employees will be allowed to use such parking spaces at any time on Sundays. pa's-, i3 2. The term of this lease will commence on Neer -t'E, 1999 and will be on a month-to-month lease. Either party may terminate this lease by giving the other party not less than '�Ux 30 days prior written notice of termination. 3. Gelson' s agrees to pay to the Church a monthly rental of per month for the exclusive use of the 65 parking spaces from Monday through Saturday. (a) The Church may require Gelson's not to use the 65 parking spaces for particular Church-related reasons during any day, not more than five (5) days per month. In the event the church exercises this richt, the monthly rental will be reduced by for each day. (b) The monthly rental of will be payable on the first day of each month. Gelson's may deduct from any payment the daily reduction referred to above. 104206 �{ g 12/09/99 TRU 09:94 FAX 818 990 7877 GELSON'S HARxETS -..+ ACCOUNTING W�uu1 Gelroe'sMa►kets Novdmber 19, 1999 Page 2 4: Gelson'a will be responsible for property damage or Personal injury on the Church'a property caused solely by any of Gelson's employees parking on the .Church's property. Gelson's will at all times during this lease term carry at least One Million Dollars ($11000,000) of general liability and property damage insurance. 5. The Church will assure Gelson's employees of proper ingress and egress to the SS parking spaces. 6. Any notices to the Church will be sent to the address set forth above to the attention of Tony Sedia, Secretary. Any notices to Gelson'a will be sent to the address met forth above to the attention of Bill Roulette, Senior Vice President. If the terms set forth in this letter represent our mutual agreement, please sign and return one copy immediately. We look forward to a mutually beneficial relationship. Very truly yours, Gnaws AUUMB, a California corporation By: Bill Roulette, Senior Vice President AGREED AND ACCEPTED: AGREED AND ACCEPTED: The Second Church of the Executive Board Christ Scientist l By: Tony Sediar Secretary 104206 V� QP �P �o Attachment PC 6 Resolution for denial 51 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. UP2015-048 FOR A WINE AND TAPAS FOOD SERVICE USE WITH A TYPE 41 (ON SALE BEER AND WINE) ALCOHOL LICENSE, A TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOL LICENSE, OUTDOOR DINING PATIO, OFF-SITE PARKING AGREEMENT, AND A PARKING WAIVER LOCATED AT GELSON'S AT 1660 SAN MIGUEL DRIVE (PA2015-214) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Motsenbocker representing Gelson's, with respect to property located at 1660 San Miguel Drive, and legally described as Parcel 2 of Parcel Map No. 35-01 (Resubdivision No. 284), being a portion of Block 93, of Irvine's Subdivision per Map recorded in Book 1, Page 88, Miscellaneous Record Maps, Records of Orange County, California, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow the establishment of a new wine and tapas food service at an existing grocery store, Gelson's, with a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control, a Type 86 (Instructional Tasting) licenses, and a waiver of the required parking pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.40. The food service includes a 636-square-foot interior net public area and a 700-square-foot outdoor dining patio. 3. The subject property is located within the CN (Commercial Neighborhood) Zoning District and the General Plan Land Use Element category is CN (Neighborhood Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 22, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 153 Planning Commission Resolution No. #1### Page 2 of 4 SECTION 3. FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Zoning Code, eating and drinking establishments classified as "Food Service, No Late Hours" located within the CN (Commercial Neighborhood) Zoning District require the approval of a use permit. The Planning Commission may approve a use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed use permit for the food service, no late hours use is inconsistent with the legislative intent of Title 20 of the NBMC. 2. The proposed alcohol license would lead to a proliferation of alcohol licenses in an area that is already over-concentrated with alcohol licenses. The sale and service of alcohol could lead to increased alcohol-related calls for service. 3. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity because required parking is not provided consistent with municipal code and the increased parking demand of the project will cause detriment to the area. 4. The site is not physically suitable in terms of design, location, shape, size, operating characteristics. The property does not provide sufficient on-site parking to accommodate the proposed use based upon the requirements of Chapter 20.40 of the Zoning Code. The parking utilization study indicates that the surface lot may be utilized up to 88% of its capacity, which could be detrimental to vehicle circulation as employees and patrons potentially seek off-site parking at peak demand times. This could pose a detriment to surrounding properties. 5. The proposed eating and drinking establishment is neither required by code nor necessary for the enjoyment of the property. If desired, and as shown through previously approved building permits, the subject property can be utilized to comply with the requirements of the NBMC and be used for general commercial or retail uses. 6. The subject property is consistent in orientation, size and shape with typical lots in this neighborhood which are designed with commercial and mixed-use development. Parking is already deficient in this shopping center and parking waivers have been granted for the existing food service establishments. Operation of the use at the location proposed would be detrimental to the harmonious and orderly growth of the City. 7. The design and location of the proposed outdoor patio impedes pedestrian circulation from the parking lot to the shops. The patio would also reduce the visibility of nearby tenant spaces from the parking lot thereby inhibiting commercial activity. 54 Planning Commission Resolution No. ; Page 3 of 4 The Planning Commission was unable to make the required findings in accordance with NBMC Section 20.40.11 0(6)(1) (Reduction in Off-Street Parking) to approve a parking reduction based upon the following: 1. The parking utilization analysis prepared by prepared by Pirzadeh & Associates, Inc. dated August 4, 2016, shows the proposed use raising the percentage of parking use up to 88 percent during peak parking demand times. This high percentage exceeds a comfortable percentage for efficient use of the parking lot. 2. The high parking utilization percentage anticipated does not take into account seasonal holiday peaks when customer parking demand is higher than the typical weekday non-holiday peak time. The probability for parking short-falls during seasonal peak periods is high. 3. The increased parking lot utilization does not take into account employee parking demand for 40 Gelson employees. Should off-site parking not be available, parking along Pacific View Drive, Crown Drive, Lincoln Elementary School or other residential streets in the area would be impacted by the increased parking demand of the project coupled with the applicant's employee parking rules thereby reducing available public parking for . Parking shortfalls in the area to the detriment of uses in the area or the general public. The Planning Commission was unable to make the required findings in accordance with NBMC Section 20.40.1 00(6) (Off-Site Parking) to approve off-site parking due to the following: 1. The proposed project increases the parking demand for the shopping center by 26 spaces bases upon the Zoning Code parking standards for restaurants. The off-site parking agreement with the Christian Science Church located at 3100 Pacific View Drive is a month-to-month lease and does not provide permanent parking for the proposed use. The church can discontinue the parking lease with minimal notice and the applicant would not easily replace the off-street parking. Additionally, the lease does not permit parking on Sundays. Because the applicant instructs employees to park off-site, it requires the applicant's employees to park on Pacific View Drive, Crown Drive or at Lincoln Elementary School because. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-048. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 5.5 Planning Commission Resolution No. #### Page 4 of 4 PASSED, APPROVED, AND ADOPTED THIS 3'd DAY OF NOVEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 56 Planning Commission - November 3, 2016 Item No. 2a Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Subject: FW: Gelsons Support Letters Attachments: Gelsons Support letters.pdf, Gelsons.Ltr..pdf From: Brett Engstrom [mailto:brettCaliquorlicense.com] Sent: Thursday, November 03, 2016 12:48 PM To: Campbell, James Subject: Gelsons Support Letters Jim, I'm attaching some support letters for the Gelsons addition. I will bring a set of hard copies tonight and can hand them over then. I will be there by 5:30 tonight if you think you have 5 mins to spare. Thank you and see you in a few hours. Brett Engstrom LiquorLicense.com t Planning Commission - November 3, 2016 Item No. 2a Additional Materials Received K Gelson's Supermarket Conditional Use Permit (PA2015-214) SIIIIIIIIIIIIIIII111 220 New ort Center Drive, Suite 11538, Newport Beach CA, 92660 Gelson's 1660 San Miguel Dr I Corona Del Mar, CA 92660 Fred, I heard from some buzz around town of the possibility you might be installing a tapas wine/bear bar inside of your store located in CDM. As you know, we're a local business owner with a media reach of 50M people a year nationwide. My office is located in Fashion Island and I live with my wife and two kids right down the street in CDM. My wife and I shop at your store, and I must say, it's ran very well. There's no doubt in my mind this tapas wine/bear bar would be a great success. As members of the community, as residence of CDM, we are in full support of this venture. We wish you the best of luck, and we will see you soon. TJ Sandman CEO Planning Commission - November 3, 2016 Item No. 2a Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) 9/13/16 Dear Mr. White, I have been shopping at Gelson's since I was a young girl with my mom. Gelson's is our family store. It will be a nice addition to have a glass of wine and food with some friends. Thank you, Kathleen Miller 17 Victoria Newport Beach, Ca. 92660 KaKmiller@mo.com Planning Commission - November 3, 2016 Item No. 2a Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Sep 21, 2016 To whom it may concern, I just wanted to take the time to say I'm very excited to hear the news of Gelson's expanding by putting in a wine bar. I have lived in behind Gelson's for 13yrs and shop there every day. I also heard that they will be serving small plates of food as well.Thank you for taking the time to read my letter. Any further questions please feel free to contact me Sincerely, Mary Andrews Rubi1820@gmail.com 2570 San Joaquin Hills Corona Del Mar Ca 92625 Planning Commission - MbVeWer 3, 2016 Item No. 2a Additional Materials Received Gelson's Supermarket Conditional Use Permit (PA2015-214) Fred White, Gelsons Store Director My wife & I are very pleased to learn that Gelsons is looking into remodeling the Corona del Mar store. As long time customers (some 40 years) we consider the remodel to be very much needed. We are very exited about the addition of a Wine Bar & Tapas. Looking forward to shopping at the NEW Gelsons.... Bob & Ellie King 83 Jasmine Creek Dr. Corona del Mar, CA 92625 Wednesday, September 21, 2016 AOL: RQLJINTKING Planning Commission - November 3, 2016 Item No. 2a Additional Materials Received THE FREEMMIll;I,y sT4&MJ9-FakA9d fhnnal Use Permit (PA2015-214) THREAT ASSESSMENT ANd SOLUTIONS CONFIDENTIAL INVESTIGATIONS • EXECUTIVE BACKGROUND INVESTIGATIONS November 12, 2015 To Whom It May Concern: Subject: Gelson's Market— Wine Bar—Letter of Recommendation I'm writing this letter as a customer of Gelson's Market. By way of introduction, my name is Fred Freeman,I'm an honorably retired Chief of Police. I have served in the capacities of Police Commander,Lieutenant, Sergeant, Corporal, Investigator, Police Officer and Deputy Sheriff. My professional law enforcement experience has spanned 25 years, with the City of Bell Gardens, Orange County Sheriff and the City of Stanton. I served as a two term President of the South East Los Angeles County Police Chiefs Association and as a Member of the Public Safety Committee for the California League of Cities. I'm a graduate of the FBI National Academy, and have served as an instructor at various police academies and presented advanced officer training in California,Arizona and Washington. I have worked as a vice supervisor and investigator, working directly with California ABC investigators on various investigations and operations, and have been recognized as an expert on drug and alcohol recognition by the California Superior Court. Currently, I'm the President of an investigative and threat management firm under engagement with local governmental agencies on complex investigations and threat assessment and mitigation. Having been a customer for several years, and having witnessed the activities at the Long Beach Gelson's Wine Bar, I can attest to the fact that it is an excellent addition to the shopping experience in the local Long Beach area. As a frequent shopper, I have never witnessed an individual who has over indulged, nor been intoxicated beyond what would be considered above the legal limit on wine or beer. The management and staff is very well versed and knowledgeable on local permitted uses of alcohol,and consistently operate within the requirements of their ABC license; often making inquiry where appropriate on the age of those who may appear to be below the legal drinking age and proactively monitoring the amount of alcohol consumed by their customers. Without further qualification I can state both personally and professionally,the Gelson's Wine Bar has been an excellent addition to the community. yry yy--ou 'w Fredrick M. Freeman FMF/vv 3020 OLD RANCH PARKWAY, SUITE 300 • SEAL BEACH, CALIFORNIA 90740-2751 • WWW.FGI-INC.COM • F.FREEMAN@MAC.COM TELEPHONE 562.799.5583 • CELLULAR 562.824.3772 • FACSIMILE 562.799.5501 PI 22354 Gelson 's Market & Restaurant I � J . f r Ji � 3 J l � Oil '�� J iJ r� .`�. f'1� . ' ' `'rt't 1�•7 ��il u1��1 I Planning Commission • /, Public Hearing November 3, 2016 : Planning Commission - November 3, 2016 ting 14) % 1 r _ � � Ifo � •�`� r� It t - h Planning Commission - November 3, 2016 ting 14) Introduction z a cC/FORN' September 22, 2016, hearing ■ Gelson 's Restaurant with Beer& Wine (PA2015-214) Conditional Use Permit No. UP2015-048 166o San Miguel Drive Restaurant with beer & wine, Type 41 ■ Instructional license, Type 86 (current) 636 sf interior dining and 700 sf outdoor patio ■ Converts existing coffee/juice bar with seating 57 seats, 11 : oo a . m . to 9 : oo p . m . ■ Off- site parking at a nearby church - 40 spaces Parking waiver ( 26 spaces) — Sunday only ii/03/2oi6 Community Development Department - Planning Division 3 Planning Commission - November1 • i� 14) HARBO • �� 01 OVERALL SITE PLAN 02 TENANT PATIO ENLARGEMENT AND MATERIAL IMAGERY 03 PLAZA COMPLETION IMAGERY TENANT PATIO - CONCEPTUAL DESIGN NEWPORT BEACH, CALIFORNIA • "� � � " " t REGIONAL CONTEXT LOCAL CONTEXT SHEET INDEX kn wcntermmr ".,. a: Y Y LandStudio REVISED CONCEPTS THE IRVINE • 2016-10-14 Planning Commission - November 3, 2016 ting 14) EXISTING TO REMAIN Zinc, Q Column Q Ar © chirecwal AwnTi ing Patine Awn,ng QQ Pant P Raisetl Planmr Seelwells N Q P4anew,FY T / I / I K Q Eumpeen Fan Palm C ®Slarelronl5rgruge �i AC Onrt at Buldng RooltnP J QJ Pew,atrain Light Palen P be �— Removed It Ma¢n New LagMiy LF PROPOSED IMPROVEMENTS p)sa'se Umbrella wpm Lqhhng 59 pmbrela Q?Top TableanC Chars --1113 Q Solt Sealing _ —0 MICHAEL NUSSKERN pcmlell Land,bl Arm Palm v All Gan S wall Finah M Plantar -a � I Seawall 0 e.mao.P. — — m wao[omeelp Mann AijaI WallePM1,cea,M.Rnerla �GELSON'S seplw"Enlargemem(wmre Imprpvemenp T� 6 I MARKET m P<Eesvian light Poles m I ®Nen screen Wall ror AC Unit at I Bulldog Rooflop(FUWrelmpmv) r TO W�, m TreahRttePta"les M PoIIerY m New Tenant Pall See SbHV 02 L Enlarrt Cn1wr m Nen Cartcoant see sneno2 'AA y® qy5 160 mrs„laryement r, 0 NOTE OUWwrheatinq lobe prpndV IM x e ° KEYMAP PICK-UPSTIX FRESH (FUTURE CDM CLEANERS (FUTURE TENANT) I NEWPORT STATIONERS BROTHERS TENANT) \ \ I OVERALL SITE PLAN 01 11/03/2016 Community Development Department- Planning Division 5 Planning Commission - November 3, 2016 ting 14) _ PROPOSEOIMPROVEMENTS _ O Pavel Area to Match E[i4vg a.d- O"oor,.00,W1 GI I EaiSMC ------- 11 ©Sc'een,h,Tt Waft(Cs Encbaue aTl��l OBar aeigM Tabk aM CM1airs '� 02 To, Tableaob cnalre N,� t•ti © to Umbrellata& ) -0o IWOMMM-NEENI a Sons Aa,aM CofkeTaele 13 Pass-TM1ry CPunreranO Sratirq w -- I Q Nero C.Nmral ShMBAwnirq J ab coltkttttiS coo,o — M.u,h t,ge Saus.e Umbodla at OPo of PMad 0-23'0'L Cart Coral with Curb d I m LaMaPAPA A. m New AwalnO PdMK b MatLM1 IdryP .- SOwre UmIXelle at Central Placa lot LJ Yom' � h _ r * w 1{}ECJ\ �'a a r , a I t, GFI SONS FNTBY i TENOANT PATIO QUANTITIES INEYMAP G GELSON'SENTRY TENANT PATIO ENLARGEMENT AND MATERIAL IMAGERY OZ 11/03/2oi6 Community Development Department- Planning Division 6 Planning Commission - November 3, 2016 ting 14) o COv j, c >NTERS WITH NEW WALL CAP AND STUCCO FINISH PALM PLANTERS WITH NEW WALL CAP AND STUCCO FINISH AND LIGHTING SOFT SEATING CLUSTER f A _ _ LARGE UMBRELLA WITH SANDY SIEGE FINISH AND REFINISHED PLANTER 2-TOP DINING TABLE AND CHAIR CLUSTERS WITH SMALL UMBRELLA OPEN PLAZA WITH NEW DINING FURNITURE NEAR GELWWS ENTRY PLAZA COMPLETION IMAGERY 03 11/03/2016 Community Development Department- Planning Division 7 Planning Commission - November 3, 2016 Item No. 2b Additional Materials Presented at Meeting �Q4 Gelson's Supermarket Conditional Use Permit (PA2015-214) 14.e Bee o� yiCie OO m*Rmti..,.aRmr« 44ca3{ OP`rP.�m.°m..a q;i r r (E)COFFEE1XQ (r REA le� PREP AREA SfQ1Eln � oy' (E) COFFEE/XCE SEWCE AREA r �\ LOW WALL W/ GLASS ABOVE SECTION A Ai�) RF°TA URMT SEAnNG SS < (]T n 29 SEAR lipm O Ff im°xNv� IsrcrsEnrnrommovas .i `Q )� J J J J ww®rvev a o.rrwAaw�eff Fw rroanue r ,i`, i`,r A m°aRiip w A.iarwmxa mAr wu®EPFwe Q '�. ' av a \DA r�°i (©A(� n.vww n.r wR , PtP .m.wiry WALL W/ GLASS ABOVE ELEVATION - 3 NFW A� SCNF: awn. ARFi iii ©r iii i`4 d'i >O SF. '�( > L_ 'Lj._'��lJ� L J LFJ 385EA15 A PL.°'Y n..l@ I wA¢OMMN � Y31� � � Fro wxo `�oF'T m�monm¢ roa u...c ..z n..a r rr....e .. 1 n genet i ,i � t� uwaerw menuaae 5 11 EENLARGED RESTAURANT/ WINE BAR & PATIO NORM/J ) 1/V 2016 "�"'" PRELIMINARY DATE: Off- site Employee Parking 0 4j4 • ,tet. •� . 4 10 ,, `� `' -44 ► 4 Off . / i 4 zz �• ` � ' i� 18 4 I I � r I *i N # a ti 4 M I _ For more information contact: - James Campbell, Principal Planner 949-644-322-0 JcampbeII@newportbeachca.gov www.newportbeachca.gov