HomeMy WebLinkAbout7.0_Pour Vida Restaurant_PA2019-259CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 22, 2020
Agenda Item No. 7
SUBJECT: Pour Vida Restaurant and Parking Waiver (PA2019-259)
Conditional Use Permit No. UP2019-059
SITE LOCATION: 5000 Birch Street
APPLICANT: Tim Strader Jr.
OWNER: John Hancock Life Insurance Company (USA)
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to establish a 3,027-square-foot restaurant, Pour Vida, with
1,830 square feet of net public area (839 square feet interior and 991 exterior) in an
existing 10-story office building within Koll Center Planned Community Office Site B (KCN
Site B). The restaurant includes a Type 41, (On-Sale Beer and Wine) Alcoholic Beverage
License with no late hours. The proposed hours of operation are 6 a.m. to 11 p.m.,
Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. There will be no live
entertainment or dancing. Also included is a request to waive 21 parking spaces.
RECOMMENDATION
1) Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2020-037 approving Use Permit No. UP2019-056
(Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed Use Horizontal
(MU-H2)
Koll Center Planned
Community Office Site B General Office
NORTH MU-H2 Koll Center Planned
Community Office Site B General Office
SOUTH MU-H2 Uptown Newport (PC-58) Residential, Industrial &
Commercial
EAST MU-H2 Koll Center Planned
Community Office Site B General Office
WEST MU-H2 Koll Center Planned
Community Office Site B General Office
Subject Site
Uptown Newport
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INTRODUCTION
Project Setting
The subject property is located within the Koll Center Planned Community, Office Site B
(KCN Site B) between Von Karman Avenue and Birch Street. KCN Site B is located
generally north of MacArthur Boulevard, south of Birch Street, and east of Von Karman
Avenue. KCN Site B is developed with approximately 967,800 square feet of multi-story
office buildings with a shared parking pool.
The subject property is an approximately 2.3-acre, triangular shaped lot developed with
a 308,556-square-foot, 10-story office building. Access to the site is provided primarily via
gated driveways from Birch Street and Von Karman Avenue. There are additional
vehicular access points south of the site through gated driveways from MacArthur
Boulevard and Jamboree Road. The surrounding area is developed with existing offices.
Project Description
The request is for a conditional use permit to establish a 3,027-square-foot restaurant on
the ground floor of the existing office building. The restaurant would provide a full menu
with interior and exterior seating, food order area, and accessory bar for the sale and
consumption of beer and wine. A Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
License is requested. The restaurant includes 839 square feet of interior net public area
with 22 seats and 991 square feet of exterior net public area with 32 seats. The restaurant
will primarily serve area employees and their visitors during the week and it will also serve
future residents during the week and weekends. The proposed hours of operation are 6
a.m. to 11 p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. The
conversion of the existing office space to the proposed restaurant results in an increased
parking demand of 21 spaces, which the applicant is requesting to be waived.
DISCUSSION
Analysis
General Plan
The General Plan designates the site as Mixed-Use Horizontal (MU-H2), which is
intended for an intermixing of uses in the Airport Area that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel
rooms, and ancillary neighborhood commercial uses such as restaurants. The full-service
restaurant will provide a commercial service to the offices as well as visitors passing
through the area on the weekend. The use will also provide a convenient dining option
for current and future residents of the new residential development constructed and
proposed in the neighborhood. The proposed use is consistent with the General Plan
Designation.
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Zoning Code
The subject property is zoned Koll Center Planned Community (PC-15) Office, Site B,
which is intended for Professional Offices and accessory commercial services such as
restaurants. A conditional use permit is required for the restaurant use within the Koll
Center Office areas.
Alcohol Service
The proposed project includes a request for a Type 41 (On -Sale Beer and Wine) Alcoholic
Beverage (ABC) License to provide additional menu options for customers and enhance
the economic viability of the business. The Newport Beach Police Department (NBPD)
has reviewed the proposed use and has no objection to the addition of the Type 41 ABC
license subject to appropriate conditions of approval (Attachment No. PC 2). Although the
NBPD memorandum indicates that the subject site is located in a reporting district (RD34)
with a higher crime rate than adjacent reporting districts, it concludes that the higher crime
rate is largely due to burglary or theft from vehicles due to the high concentration of office
complexes and high ratio of nonresidential to residential uses. Eating and drinking
establishments with incidental alcohol service are common in office areas and will serve
as a convenience to existing uses in the area as well as future residents in this changing
mixed-use neighborhood. There is one new residential development (Uptown Newport)
located approximately 600 feet south from the subject property and there is potential for
additional residential development in the area. The beer and wine service in conjunction
with the sit-down restaurant is not anticipated to become detrimental to the area due to
its location and no late operating hours. The proposed hours of operation would be
compatible with existing office and future residential uses. Operational conditions of
approval recommended by the NBPD relative to the sale of alcoholic beverages have
been incorporated into the draft resolution to ensure compatibility with the surrounding
uses and minimize alcohol-related impacts.
Off-Street Parking Requirements
KCN Site B has a shared parking supply of 3,045 parking spaces for the 967,800 square
feet of total office floor area, where a total of 3,051 spaces are required resulting in an
existing parking supply deficit of 6 spaces. All of the spaces are accessible through
several gated driveways from Von Karman Avenue, Birch Street, MacArthur Boulevard,
and Jamboree Road.
KCN Site B does not provide a parking standard for restaurants so the Zoning Code
standards apply. The Zoning Code classifies this use as a full-service restaurant (food
service, eating and drinking establishment) and parking is required at a rate of one parking
space per 30 to 50 square feet of net public area, as determined by the use permit. In this
case, a parking rate of one space per 50 square feet of net public area is appropriate for
the proposed use based on several physical design and operational characteristics:
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• The location is within an office complex surrounded by office uses. Primary
customers will be office employees;
• There will be approximately 5 employees at any given time;
• The accessory bar will only have 14 seats;
• The restaurant has limited seating with 22 seats in the 839-square-foot interior
dining area and 32 seats in the 991-square-foot exterior area;
• The outdoor area is existing common exterior seating area for the office building;
• There are no late hours, no live entertainment or dancing;
• The shared parking pool for KCN Site B is via gated entries and paid tickets; and
• Employees and Uptown Newport residents can walk to the restaurant.
The net public area used to determine required parking is the 839 square feet interior net
public area and 781 square feet exterior dining patio (991 sq. ft. – 210 sq. ft.) for a total
of 1,620 square feet. The Zoning Code allows for 25 percent of outdoor dining to not be
counted towards parking requirements. Based on the Zoning Code parking ratio of 1
space per 50 square feet of net public area (1,620/50) 33 parking spaces are required.
The existing office parking pool currently has a surplus of 12 parking spaces, so the net
required spaces for the restaurant is 21 spaces, necessitating a parking waiver in
accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of
the Newport Beach Municipal Code (NBMC).
Off-Street Parking Waiver
NBMC Sections 20.40.110(B) and 21.40.110(A) allow off-street parking requirements to
be reduced with the approval of a conditional use permit, respectively, when the applicant
has provided sufficient data to indicate that parking demand will be less than the required
number of spaces and a parking management plan is prepared in compliance with NBMC
Section 20.40.110(C) and 21.40.110(B). In this case, the applicant provided “5000 Birch
Street Pour Vida Restaurant Parking Analysis” dated September 2, 2020 (Attachment No.
PC 3). The study was prepared by a qualified professional, a traffic engineer, from LSA,
Associates Inc.
The analysis demonstrates that due to the locational characteristics, access to the
restaurant is provided primarily via walking during peak weekday lunch hours. The
restaurant will function primarily as an ancillary use to the office building and surrounding
offices with primary customers being the employees of these offices. Therefore, during
the peak weekday lunch hour, the majority of the customers will already be on-site and
would not generate additional parking demand. The City’s parking rate does not account
for this type of accessibility and the analysis is required to demonstrate the walkability.
Additionally, the offices within KCN Site B and the adjacent residences at Uptown
Newport have limited access to food uses within walking distance , which requires
employees or residents to drive to other destinations to eat. Providing food service within
the same office complex and adjacent uses will actually service to reduce vehicle trips
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and the need for additional parking. Based on this, the parking study concludes that a
parking deficit will not occur on site with the proposed restaurant added to the o ffice
complex. Evening and weekend parking should not be an issue if patrons drive to the site
because office uses typically only operate at reduced levels so plenty of parking will be
available in the parking pool.
To prove the walkability, the analysis provides pedestrian surveys of similar restaurant
plaza within Jamboree Promenade (located at southwest corner of Jamboree Road and
Dupont in Irvine) that is in close proximity to other office buildings. The survey observed
231 pedestrians during the 3-hour weekday lunch period and 56 pedestrians during
dinner time hours, proving that based on the proximity of the surrounding office uses to
the Jamboree Promenade, customers chose to walk and did not need to use (or park) a
vehicle. This is evident by the fact that there is a parking surplus currently experienced at
Jamboree Promenade.
The analysis and conclusions of the study were reviewed and accepted by the City Traffic
Engineer.
Given the findings of the study that there is a lesser demand than NBMC requirement,
there is no benefit or need for a parking management plan for this project. Condition of
Approval No. 6 is included in the draft resolution to require a parking management plan if
there is an identifiable parking conflict attributable to the project in the future.
Conditional Use Permit Finding
Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal
Code, the Planning Commission must make the following findings in order to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
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Staff believes sufficient facts exist in support of the conditional use permit and they are
set forth in the draft resolution for the project approval (Attachment No. PC 1). As
previously discussed in the General Plan and Zoning Code subsections of this report, the
proposed restaurant use is consistent with the land use designations for the project site.
The project has been reviewed and conditioned to help ensure that a healthy environment
for residents and businesses is preserved. The service of alcohol is intended for the
convenience of customers dining at the establishment. Operational conditions of approval
recommended by the NBPD relative to the sale of alcoholic beverag es will ensure
compatibility with the surrounding uses and minimize alcohol-related impacts.
The applicant has provided a parking demand analysis to substantiate waiving the
increased parking demand of 21 spaces associated with the conversion of the existing
office uses. The analysis, discussed in more detail in the Off-Street Parking and Waiver
section above, concludes that the existing shared office parking is sufficient for the new
restaurant due to the location of the restaurant within the office complex and the peak
demand will occur at a time when the restaurant will primarily serve the employees that
are already on-site or within walking distance. Condition of Approval No. 6 is included in
the draft resolution to address any unforeseen parking-related impacts.
The building is physically suitable to accommodate the use based upon staff’s evaluation
of the plans. The proposed patio is located in existing common open spaces and does
not eliminate parking or pedestrian areas. The location and surroundings suggest the use
would be compatible considering the possibility of residential use on the abutting property.
The restaurant will provide a service to employees of the surrounding businesses and
neighborhood reducing vehicle trips. Application and implementation of the conditions of
approval will reduce and avoid potential conflicts with the surrounding uses. The operator
will be required to take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding
the Property and adjacent properties during business hours, if directly related to the
patrons of the establishment.
Alternatives
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial to be included in a resolution for denial.
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Environmental Review
The project qualifies for a Class 1 (Existing Facilities) categorical exemption, per Section
15301 of the California Environmental Quality Act (CEQA). This exemption allows for the
operation, repair, maintenance, and minor alteration of existing buildings. The project
primarily involves interior tenant improvements to convert office space into restaurant
space within an existing office building. Minor exterior alternations involve the installation
of perimeter barriers around the outdoor dining area within an existing patio.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 PD Memo and Statistics
PC 3 LSA Associates, Inc. Parking Analysis
PC 4 Project plans
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Attachment No. PC 1
Draft Resolution with Findings and
Conditions
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RESOLUTION NO. PC2020-037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT UP2019-056TO ALLOW A TYPE 41
(ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENCE
AND A PARKING WAIVER OF 21 PARKING SPACES AT A NEW
EATING AND DRINKING ESTABLISHMENT LOCATED AT 5000
BIRCH STREET SUITE 150 (PA2019-259)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tim Strader Jr. (“Applicant”) on behalf of John Hancock Life
Insurance Company (“Owner”), with respect to property located at 5000 Birch Street, Suite
150, and legally described as Parcel 5, Res 0731 of PM 181-13-19 (“Property) requesting
approval of a Conditional Use Permit.
2. The Applicant seeks a conditional use permit to allow a Type 41 (On-Sale Beer and Wine)
license with the Alcoholic Beverage Control (“ABC License”) at a new 3,027-square-foot
restaurant, Pour Vida with 1,620 square feet of net public area (839 square feet interior
and 991 exterior) in an existing 10-story office building within Koll Center Planned
Community Office Site B (KCN Site B) (“Project”). The proposed hours of operation are
6:00 a.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m., Saturday
and Sunday, with no late hours. There will be no live entertainment or dancing. Also
included is a request to waive 21 parking spaces.
3. The Property is designated MU-H2 (Mixed-Use Horizontal) by the General Plan Land Use
Element and located within the PC-15 (Koll Center Planned Community (Office Site B)
Zoning District.
4. The Property is not located within the coastal zone, therefore, an amendment to the
Coastal Land Use Plan or a coastal development permit are not required.
5. A telephonic public hearing was held on October 22, 2020 in the City Council Chambers
located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the hearing was given in accordance with Government Code
Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of
the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
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of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Project primarily involves interior tenant improvements to convert office space into
restaurant space within an existing office building. Minor exterior alternations involve the
installation of perimeter barriers around the outdoor dining area within an existing patio.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is located in Reporting District 34 (RD 34). The Part One Crimes
are the eight most serious crimes defined by the FBI Uniform Crime Report –
homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft,
and arson. The crime rate in RD 34 was 78 crimes reported in 2019, which is
higher than adjacent reporting districts RD 31, RD 36, and RD 33 and the citywide
average. The higher crime rate is largely due to burglary or theft from vehicles
due to the high concentration of office complexes and the high ratio of
nonresidential to residential uses. The adjacent reporting districts are
predominantly residential uses. The findings can be made despite higher
concentrations of crimes and the area was designed to accommodate restaurants
in support of the office complex. The service of alcoholic beverages would
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provide additional menu options for customers and would enhance the economic
viability of the business.
2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use
and based on the location, operational characteristics, and closing hour of 11: 00
p.m., has no objection to the addition of the Type 41 alcoholic beverage license
subject to appropriate conditions of approval.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. In RD 34, seventeen (17) percent of the arrests were for public intoxication, DUI,
or liquor law violations. In comparison, the figure for neighboring RD 33 is
nineteen (19) percent, RD 36 is thirty (30) percent and RD 31 is twelve (12)
percent. The NBPD has reviewed the Project and has no objection to the
Applicant’s request.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. Although the Property is located within a planned community for predominantly
office uses, the General Plan land use designation is MU_H2 (Mixed Use
Horizontal), which allows the horizontal intermixing of uses that may include
office, multi-family residential and vertical mixed-use buildings. There is one (1)
new residential development (Uptown Newport) located approximately 600 feet
south from the Property and there is potential for additional residential
development in the area. The Project will serve as a convenience to residents
seeking dining options in closer proximity to their residences. The Type 41 ABC
License with an eating and drinking establishment is not anticipated to
significantly impact these adjacent land uses.
2. There are no parks, churches, schools, day cares or places of recreation within
approximately 1,000 feet of the Project. The Project is surrounded by other
commercial and office uses.
3. Eating and drinking establishments with incidental alcohol service are common
in office areas and will serve as a convenience to future residents in this changing
mixed-use neighborhood. The proposed Type 41 ABC License in conjunction
with a sit-down restaurant is not anticipated to become detrimental to the area
due to its location and limited hours of operation . The resolution includes
conditions of approval to further minimize negative impacts to surrounding land
uses and ensure that the use remains compatible with the surrounding
community.
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iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on-site consumption.
1. The office area was designed to accommodate accessory restaurants that are
lightly populated throughout. The closest food service establishment is the
Parkstone Restaurant with a Type 47 (On-sale General) ABC License located
approximately 650 feet away at 5180 Birch Street. The establishment is for a sit-
down restaurant with no late hours. The next closest establishment is the Classic
Q Restaurant and Bar with a Type 47 (On-Sale General) ABC License located
approximately 1,600 feet away at 4251 MacArthur Boulevard. Approximately 500
feet away are various fast food restaurants on Jamboree Road that do not have
ABC licenses.
2. The census tract has an approximate population of 5,139 residents with 95 active
retail licenses. It should be noted this census tract also includes portions of Irvine,
Costa Mesa, and Santa Ana. Only 23 of the 95 active retai l licenses are in the
City of Newport Beach. The per capita ratio of tract 0626.1 is one (1) license for
every 54 residents. Per Section §23958.4 of the Business and Professions Code,
we must compare this per capita ratio to Orange County’s on-sale per capita ratio
of one (1) license for every 446 residents. Since the area’s ratio exceeds the ratio
of retail licenses to population in the county, the area is deemed to have an undue
concentration of alcohol licenses. The NBPD does not anticipate any increase in
crime or alcohol-related incidents with the approval of this application subject to
the proposed conditions of approval.
v. Whether or not the proposed amendment will resolve a ny current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property.
2. The Project has been reviewed and conditioned to help ensure that the purpose
and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for residents and businesses is preserved. The
service of alcohol is intended for the convenience of customers dining at the
establishment. Operational conditions of approval recommended by the NBPD
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol-related impacts.
3. The establishment is required to close by 11:00 p.m., daily, which will ensure the
use does not become a late-night bar, tavern, or nightclub.
4. The resolution includes conditions of approval to limit objectionable conditions
related to noise and trash from the establishment. All employees serving alcohol
will be required to be at least 21 years of age and receive ABC-required Licensee
Education on Alcohol and Drugs (“LEAD”) or Responsible Beverage Service
(“RBS”) training.
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In accordance with Subsection 20.52.020(F) (Findings and Decision) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan designates the site as MU-H2 (Mixed-Use Horizontal), which is
intended for an intermixing of uses in the Airport Area that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel
rooms, and ancillary neighborhood commercial uses such as restaurants. The full-
service restaurant will provide a commercial service to the offices as well as visitors
passing through the area on the weekend. The use will also provide a convenient dining
option for current and future residents of the new residential development constructed
and proposed in the neighborhood.
2. The Property is not part of a specific plan area, therefore no findings of consistency with
a specific plan is necessary.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The PC-15 (Koll Center Planned Community Office Site B) Zoning District applies to
Professional and Business Offices, and allows for accessory commercial services such
as KCN Site B. A conditional use permit is required for the restaurant use within the Koll
Center Office areas.
2. KCN Site B relies on Title 20 (Zoning Code) of the NBMC for restaurant off-street parking
requirements. Title 20 (Zoning Code) classifies this use as a full-service restaurant (food
service, eating and drinking establishment) and parking is required at a rate of one (1)
parking space per 30 to 50 square feet of net public area, as determined by the use
permit. In this case, a parking rate of one space per 50 square feet of net public area is
appropriate for the proposed use based on several design and operational
characteristics, including: the location is within an office complex surrounded by office
uses, primary customers will be office employees; there will be only five (5) employees
at any given time; there is an accessory bar area with 14 seats; there are only 22 seats
in the 839-square-foot interior dining area and only 32 seats in 991-square-foot exterior
area; the outdoor dining area is part of a larger existing exterior common seating area
for the office building tenants and visitors; there is no late hours, no live entertainment
or dancing; the shared parking pool for KCN Site B is via gated entries and paid tickets;
and employees and Uptown Newport residents can walk to the restaurant.
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3. KCN Site B currently provides a parking supply of 3,045 spaces, where a total of 3,051
spaces is currently required based upon the existing office floor area (6-space deficit).
Title 20 (Zoning Code) requires parking for restaurants based on a calculation of net
public area. The net public area included for the restaurant includes 839 square feet
interior net public area and 781 square feet exterior dining patio (991 sq. ft. – 210 sq.
ft.) for a total of 1,620 square feet; and allows for 25 percent of outdoor dining to not be
counted towards parking requirements. Based on Title 20 (Zoning Code) the parking
ratio of one (1) space per 50 square feet of net public area (1,620/50), 33 parking spaces
are required. The existing office provides a credit of 12 parking spaces, so the net
required spaces for Pour Vida restaurant is 21 spaces, necessitating a parking waiver
in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements)
of the NBMC.
4. As discussed in the facts in Support of Finding G, a detailed parking analysis has been
provided by LSA Associates Inc. concluding that during peak office hours of the KCN
Site B, the Project will primarily serve customers in the same office building and locations
within walking distance (i.e., 0.5 mile-radius) to the restaurant and will not generate
additional parking demand. Currently, with few options for food use within walking
distance, the Project will enable employees to remain on site and not generate new
parking demand. When there is reduced office use activities occurring during d innertime
and weekend hours, a significant surplus of parking spaces is available on site to support
non-office employee customers.
5. Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of
the NBMC also requires that the review authority consider the relationship of outdoor
dining to sensitive noise receptors. The surrounding office area is mostly vacant in the
evenings. The closest residential use is Uptown Newport which is more than 500 feet
away and is buffered by the subject 10-story office building and existing Jazz Conductor
building between the proposed outdoor dining. The outdoor dining patio closing hour of
11:00 p.m. will minimize noise impacts to any potential future residential use in area.
6. As conditioned, the Project will comply with Zoning Code standards for eating and
drinking establishments.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The Project will provide an additional service to the office complexes within the
neighborhood. The Project includes conditions of approval to ensure that the potential
for conflicts is minimized to the greatest extent possible.
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2. The Property and surrounding properties on the block and within the vicinity are
developed with offices and supporting commercial uses. The closest residential use is
more than 500 feet south behind a parking structure at Uptown Newport. There is
potential for additional residential uses within the area; however, as conditioned, the
allowed hours of operation will be Monday through Friday, 6:00 a.m. to 11:00 p.m., and
Saturday through Sunday 9:00 a.m. to 11:00 p.m., which will minimize late night
disturbances in the area.
3. The food service, eating and drinking establishment has appropriate trash areas within
the dining areas. There is a larger trash enclosure behind the existing office building that
will contain a dumpster that is dedicated to the restaurant use.
4. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables to accommodate seats and a dining atmosphere.
There is no live entertainment or dance floor. The Applicant is req uired to maintain the
Property in substantial conformance with the approved floor plan in conjunction with a
Type 41 (On Sale General - Eating Place) ABC License so that the restaurant’s primary
use is a bona fide eating and drinking establishment and not a bar, lounge, or night club.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The existing office space is accessible from Birch Street and Von Karman Avenue which
provides convenient access for motorists, pedestrians and bicyclists.
2. There is a sidewalk around the perimeter of the existing office building and at the entry
that provides a path for pedestrians. Ample sidewalks are provided adjacent to the
streets and parking lots of KCN Site B.
3. The Property is located within an existing office building and the tenant space will be
improved for an eating and drinking establishment. All tenant improvements must comply
with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be
issued.
4. The existing office complex provides adequate access for emergency and utility vehicles
and services.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
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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 Project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the Property and adjacent properties during business hours, if directly
related to the patrons of the establishment.
2. The addition of a Type 41 (On Sale Beer and Wine) ABC License provides a service to
the surrounding offices and neighborhood. There are few walkable restaurants provided
to the office areas and the new residential units at Uptown Newport. The Project will
support the surrounding neighborhood as providing a needed service to the area.
3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the NBMC. The proposed use includes limited hours
and closes no later than 11:00 p.m.
Off-Street Parking Reduction
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
as follows:
Finding:
G. The Applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk in trade, mixed-use development);
Facts in Support of Finding:
1. Section 20.40.110(B) of the NBMC allow off-street parking requirements to be reduced
with the approval of a conditional use permit. When an applicant has provided sufficient
data to indicate that parking demand will be less than the required number of spaces
and a parking management plan is prepared in compliance with NBMC Section
20.40.110(C). In this case, the Applicant provided “5000 Birch Street Pour Vida
Restaurant Parking Analysis” dated September 2, 2020. The study was prepared by a
qualified professional, a traffic engineer, from LSA, Associates Inc.
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2. The parking analysis demonstrates the potential parking demand for Pour Vida and the
existing offices taking into account the peak parking demand during different hours of
the day for the two (2) land uses that would share the same parking supply. The peak
parking demand of the existing office complex and the Project would occur during the
weekday’s mid-day, with a demand of 3,065 parking spaces that leaves a deficit of 20
parking spaces. The analysis also shows that weekday mornings and evenings and
weekends show significant surplus parking. However, it is important to note that both
the City’s parking requirement and the shared parking analysis assume the restaurant
is operating as a primary standalone location with little interaction with the office
employee customers already parking on site or nearby. The parking analysis concludes
that in reality, during this peak time weekday times, the restaurant will function primarily
as an ancillary use to the office complex and surrounding offices with primary customers
being the employees of these offices. Restaurant customers are anticipated to already
be on site and would not actually generate additional trips or parking demand for the
proposed restaurant. The parking study finds that employees of the office complex and
adjacent office buildings and residents of Uptown Newport currently have limited access
to food uses within walking distance (approximately 0.5 miles), which requires
employees or residents to drive to other destinations to eat. Providing food service within
the same office complex and adjacent to their uses will actually service to reduce vehicle
trips and the need for additional parking. Based on this, the parking study concludes that
a parking deficit will not occur on site with the proposed restaurant added to the office
complex.
3. The walkability was also sufficiently demonstrated in the parking analysis provided by
LSA Associates Inc. To prove the walkability, the analysis provides pedestrian surveys
of a similar restaurant plaza within Jamboree Promenade (located at southwest corner
of Jamboree Road and Dupont in Irvine) that is in close proximity to other office
buildings. The survey observed 231 pedestrians during the three-hour weekday lunch
period and 56 pedestrians during dinner time hours, proving that based on the proximity
of the surrounding office uses to the Jamboree Promenade, customers chose to walk
and did not need to use (or park) a vehicle. This is evident by the fact that there is a
parking surplus currently experienced at Jamboree Promenade.
4. The analysis and conclusions of the study were reviewed and accepted by the City
Traffic Engineer.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
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2. The Planning Commission of the City of Newport Beach hereby approves application No.
UP2019-059, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 22 DAY OF OCTOBER 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Eric Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. Use Permit No. UP2019-059 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code
(“NBMC”), unless an extension is otherwise granted.
5. Prior to the issuance of any required building permits or initiation of a restaurant use,
applicable Fair Share Traffic Fees shall be paid to convert the space from office to
restaurant in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance)
of the NBMC. The Owner shall be credited for the existing office use and shall pay the net
difference for the restaurant use.
6. If there is a change in the restaurant operations or a change in the uses within the
surrounding area that creates a deficiency in parking supply or results in a parking impact
to surrounding businesses, the Applicant shall prepare and submit a parking management
plan for review and approval by the City Traffic Engineer and Community Development
Director. Additionally, if there are changes the parking analysis shall be updated, reviewed
and approved by the City Traffic Engineer.
7. The hours of operation shall be between 6:00 a.m. to 11:00 p.m., Monday through Friday
and 9:00 a.m. to 11:00 p.m., Saturday and Sunday.
8. The net public area of the interior of the restaurant shall not exceed 1,830 square feet of
net public area (839 square feet interior and 991 square feet exterior). Any increase to
these areas requires an amendment to this use permit and an updated parking analysis.
9. Appropriate barriers shall be placed between the outdoor dining area and common dining
and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute
a permanent all-weather enclosure.
10. This 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
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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.
11. 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.
12. A copy of the resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
13. The site shall not be excessively illuminated based on the luminance recommendatio ns
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
14. 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.
15. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16. 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.
17. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7:00 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.
18. No audible outside paging system shall be utilized in conjunction with this establishment.
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19. 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 scr eening
purposes.
20. 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.
21. 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.
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. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendme nt to this Use
Permit.
24. 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.
25. 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 sp ecified in the NBMC to require such
permits.
26. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
27. 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
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approval of Pour Vida Restaurant and Parking Waiver including, but not limited to, PA2019-
259. 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.
Police Department
28. The approval is for an eating and drinking establishment with on-sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be Type 41 (On Sale Beer and Wine).
29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
30. The Applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
31. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s, manager’s, and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
32. The quarterly gross sales of on-sale alcoholic beverages shall not exceed the gross
sales of food during the same period. The licensee shall at all times maintain records,
which 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.
33. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
34. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
35. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
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beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the
exterior shall constitute a violation of this condition.
36. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
37. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
38. Strict adherence to maximum occupancy limits is required.
39. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the NBMC.
40. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
41. 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, or involve the sale of alcoholic beverages.
42. The Applicant shall maintain a security recording system with a 30 -day retention and
make those recordings available to police upon request.
Fire Department
43. An automatic sprinkler system shall be provided throughout establishements containing
Group A-2 occupancies and throughout all stores from the Group A-2 occupancy to and
including the levels of exit discharge serving that occupancy where one of the following
conditions exists:
• The fire area exceeds 5,000 square feet
• The fire area has an occupant load of 100 or more.
• The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
• The structure exceeds 5,000 square feet, contains more than one fire area
containing a Group A-2 occupancy, and is separated into two or more buildings
by firewalls of less than 4-hour fire-resistance rating without openings. (California
Fire Code Section 903.2.1.2)
Building Division
44. 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
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applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
45. The restaurant shall comply with Disable Access requirements.
46. All doors shall swing in direction of travel and shall be equipped with panic hardware
when serving 50 or more occupants.
47. All doors in the series shall be separated a minimum four (4) feet plus the swing of door.
28
Attachment No. PC 2
PD Memo and Statistics
29
INTENTIONALLY BLANK PAGE30
31
32
33
34
35
INTENTIONALLY BLANK PAGE36
Attachment No. PC 3
LSA Associates, Inc. Parking Analysis
37
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CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net
September 2, 2020
Melinda Whelan
Assistant Planner
Community Development Department ~ Planning Division
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: 5000 Birch Street (Pour Vida Restaurant) Parking Analysis—Revised
Dear Ms. Whelan:
A restaurant (Pour Vida) is proposed (project) to operate within an existing 308,556-square-foot (sf)
office building at 5000 Birch Street in Newport Beach. The project is within Site B of the Koll Center
Newport (KCN) site. As shown on Figure 1 (all figures provided in Attachment A), Site B includes a
total of 967,803 sf of office use generally north of MacArthur Boulevard, south of Birch Street, and
east of Von Karman Avenue. Access to the project site is provided primarily via gated driveways on
Birch Street and Von Karman Avenue. Access to the southern portion of KCN Site B is also provided
via gated driveways on MacArthur Boulevard and Jamboree Road.
The purpose of the parking analysis is to determine whether adequate parking spaces would be
provided within KCN Site B to accommodate the anticipated parking demand for the proposed Pour
Vida restaurant.
This parking analysis has been prepared based on review of the Minor Use Permit Application
(December 12 and 19, 2019), the response email from the City of Newport Beach (City) (December
20, 2019), a City incomplete letter (January 9, 2020), the Planned Community Development
Standards for Koll Center Newport (PC 15), and the City’s Off-Street Parking Requirements (Zoning
Code Section 20.40.040).
PROPOSED PROJECT
The proposed Pour Vida restaurant will replace approximately 3,027 gross sf of vacant office use on
the first floor of the 10-story office building. For purposes of parking estimation, the restaurant will
include 1,620 sf of net public area (npa) (including outdoor patio space).
Zoning Code Section 20-40-040 states that food service with/without alcohol, with/without late
hours requires 1 parking space per 30–50 square feet of npa, including outdoor dining areas
exceeding 25 percent of the interior npa or 1,000 sf, whichever is less. The following includes the
parking calculation for the proposed restaurant.
x Total net public interior space is 839 square feet
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x Total outdoor dining exceeding 25 percent of the interior npa is 781 sf [991 sf of outdoor patio –
210 sf (839 sf x 0.25 = 210) = 781]
x 839 sf + 781 sf = 1,620 sf / 50 = 33 parking spaces required
The restaurant’s business hours will be 6:00 a.m. to 11:00 p.m. Monday through Friday and
9:00 a.m. to 11:00 p.m. on Saturday and Sunday. As the parking for KCN Site B is currently gated,
customer parking tickets will be validated by the restaurant.
Pour Vida operates a restaurant in Anaheim’s Center Street Promenade in downtown Anaheim,
across from Anaheim City Hall. The old location was 185 West Center Street Promenade. The
restaurant is currently moving to a new location at 215 West Center Street Promenade (including
1,486 sf with 300 sf patio space).
PARKING ANALYSIS
City Parking Requirements
Per PC 15, parking spaces are provided for the entirety of Site B as determined using the calculation
below. The net floor area of Site B is a total of 967,803 sf.
x For the first 125,000 sf, parking shall be provided at 1 space per 250 sf of net floor area
(125,000/250 = 500 spaces).
x For the next 300,000 sf, parking shall be provided at 1 space per 300 sf of net floor area
(300,000/300 = 1,000 spaces).
x For any additional floor area, parking shall be provided at 1 space per 350 sf of net floor area
(542,803/350 = 1,551 spaces).
Based on these calculations, a total parking supply of 3,051 spaces is required for KCN Site B. As
shown on Figure 1, a total parking supply of 3,045 spaces is provided. An inventory of the total
parking supply was conducted by Counts Unlimited, Inc. All parking spaces within Site B are common
(shared) with employees and visitors of Site B, with the exception of the gated parking structure
(291 spaces) adjacent to the 5000 Birch Street building.
As described above, the City’s Zoning Code (Section 20.40.040) was referenced to determine the
parking required for the proposed restaurant. The parking requirement for this type of restaurant is
within a range of 1 space per 30 to 50 sf of npa pursuant to the use permit. The rate chosen within
that range is based upon several considerations including physical design characteristics, operational
characteristics, and the location details. Based on the City’s letter dated January 9, 2020, City staff
determined that a parking rate of 1 space per 50 sf of net public area should be used based on the
characteristics and location of the proposed restaurant. Based on the proposed square footages, the
new restaurant would require 33 parking spaces (1,620 sf npa/50 = 32.4 spaces). As the current use
is office space, the existing 3,027 sf would require 12 parking spaces (3,027 sf/250 = 12 spaces).
Therefore, the proposed restaurant would require 21 net new parking spaces.
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Shared Parking
The proposed project includes the conversion of existing office space to restaurant use within a
10-story office building. The City’s parking requirements do not take into account the peak parking
demand during different hours of the day for different land uses that share the same parking supply.
As such, a shared-parking analysis has been performed to determine the appropriate number of
parking spaces for this project, including these time-of-day factors.
The shared-parking analysis is consistent with the methodology presented in the Urban Land
Institute (ULI) Shared Parking manual (2nd Edition). This was conducted to determine whether the
parking supply within KCN Site B would accommodate the anticipated parking demand for Pour Vida
restaurant during peak times of the day.
Table A (Attachment B) shows the anticipated variation in parking demand by time of day generated
by the KCN office uses and the proposed restaurant project. This table includes separate utilization
percentages for weekdays and weekends. The office utilization is referenced from time-of-day
factors provided in the ULI Shared Parking manual. The restaurant utilization is based on sales data
provided by Pour Vida at its Anaheim facility, which was open between 9:00 a.m. and 9:00 p.m. The
time-of-day factors are based on the average number of tickets (receipts/sales) on a weekday
(Monday–Friday) and on weekends (Saturday and Sunday). The sales information used for the
parking utilization is provided as Attachment C.
As shown in the table, the peak shared-parking demand of the site is 3,065 spaces at 11:00 a.m. on a
weekday. This would represent a parking deficit of 20 spaces compared to the overall supply of
3,045 spaces. A deficit of 15 spaces would occur at 11:00 a.m. on a weekend. The deficit in parking is
based on the fact that the 3,051 office spaces are 100 percent occupied at 11:00 a.m. on both
weekdays and weekends.
It should be noted that the sales information for the Anaheim site does not include breakfast (prior
to 9:00 a.m.) on a weekday. However, based on the parking analysis, there is a parking surplus of
2,953, 2,130, and 757 spaces at 6:00 a.m., 7:00 a.m., and 8:00 a.m., respectively. Therefore, the
peak restaurant parking demand of 21 spaces would be accommodated during these early morning
hours.
It should also be noted that the ULI utilization rates for office use on a weekend (Saturday) show
100 percent at 11:00 a.m. (i.e., all 3,051 spaces filled). This is not representative of typical conditions
at 5000 Birch Street and KCN Site B. The following table shows the entry gate data provided by the
facility manager for Saturday, February 29–Sunday, March 8, 2020. As shown in the table, the
number of weekend vehicles entering Site B is significantly less than vehicles entering the gates
during weekdays.
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Date Entries
Saturday, February 29 291
Sunday, March 1 297
Monday, March 2 3,582
Tuesday, March 3 3,760
Wednesday, March 4 3,725
Thursday, March 5 3,671
Friday, March 6 3,444
Saturday, March 7 365
Sunday, March 8 219
Source: Koll Center Newport
Ancillary Use and Walkability
The proposed restaurant will function as an ancillary use to the 5000 Birch Street office building and
the surrounding uses. Pour Vida’s primary customers will be the employees who work within the
5000 Birch Street office building (308,556 sf) and employees of KCN Site B and beyond. Based on the
Planned Community Development Standards, there is a total of 2,378,962 sf of commercial use
within all of Koll Center Newport. The customers are already on site and would not generate
additional trips or parking demand for the proposed restaurant. This is especially true during the
weekday lunch hour, when office employees go downstairs or walk across the parking lot to have
lunch. The City’s parking rate does not account for this interaction. Figure 2 illustrates the
walkability (0.5-mile radius) for customers to/from the proposed restaurant.
In addition, employees within Site B and adjacent office buildings and residents of Uptown Newport
currently have limited access to food uses within walking distance (approximately 0.5 mile). This
requires employees or residents to drive to other destinations to eat. Providing food service within
the same office building and adjacent to these other uses will reduce vehicle trips and the need for
additional parking spaces.
As an example of the walkability of surrounding land uses that patronize nearby restaurant uses,
pedestrian counts were surveyed at an existing retail/restaurant plaza within close proximity of
commercial uses. The Jamboree Promenade plaza is on the southwest corner of Jamboree
Road/Dupont in Irvine (less than 0.5 mile from the 5000 Birch Street site). A new office building
(Boardwalk, at 18691 Jamboree Road) including 545,385 sf of office use is directly across the street
(although not 100-percent leased and occupied).
As shown on Figure 3, based on the proximity of the surrounding land uses to Jamboree Promenade,
customers walk and do not need to use (or park) a vehicle. This is evident by the fact that there is a
parking surplus currently experienced at Jamboree Promenade.
To demonstrate this, pedestrian surveys were conducted by National Data & Surveying Services on
two weekdays (January 30, 2019 and February 7, 2019) at the pedestrian connections to the
Jamboree Promenade plaza via Teller Avenue (Entry 1), Dupont Drive (Entry 2), and Jamboree Road
(Entry 3). The total number of pedestrians and their direction of travel (to/from Jamboree
42
9/2/20 «\\vcorp12\projects\JHI2001\Parking Study4.docx» 5
Promenade) were identified during the lunch period (between 11:00 a.m. and 2:00 p.m.) and the
dinner period (between 4:00 p.m. and 7:00 p.m.).
As shown in Table B (Attachment B), there is a total of 231 pedestrians during the 3-hour lunchtime
(136 inbound and 95 outbound) and 56 pedestrians during the 3-hour dinnertime (30 inbound and
26 outbound). This data shows that there is significant interaction between surrounding land uses
and restaurant use without the need to park a vehicle.
CONCLUSION
During peak office hours of KCN Site B, the proposed Pour Vida restaurant will primarily serve
customers in the same office building and locations within walking distance (i.e., 0.5-mile radius) to
the restaurant. Weekday lunchtime is the highest parking demand, as dinnertime and the weekend
will have adequate parking spaces available on site.
Data provided in this parking analysis shows that the parking demand for the office and restaurant
use would result in a deficit of only 20 spaces within the 3,045 spaces provided on site (i.e., less than
0.7 percent of the total parking supply). However, this assumes that the restaurant is primarily a
standalone location with little interaction with the office employee customers already parked on
site. With few options for food use within walking distance today, the proposed restaurant will
enable employees to remain on site and not generate new parking demand.
Based on this, it is not expected that a parking deficit will occur on site with the proposed Pour Vida
restaurant added to the office building.
I trust you will find this information useful in your planning efforts. If you have any questions, please
call me at (949) 553-0666.
Sincerely,
LSA Associates, Inc.
Ken Wilhelm
Principal
Attachments: A: Figures 1–3
B: Tables A and B
C: Pour Vida Utilization
43
P ARKING A NALYSIS
S EPTEMBER 2020
5000 B IRCH S TREET (POUR V IDA R ESTAURANT)
N EWPORT B EACH, C ALIFORNIA
\\vcorp12\projects\JHI2001\Parking Study4.docx «09/02/20»
ATTACHMENT A
FIGURES 1–3
Figure 1: Site B Parking Supply Inventory
Figure 2: Walking Distance to/from 5000 Birch
Figure 3: Pedestrian Activity at Jamboree Promenade
44
SOURCE Google Earth:
FEET
4502250
N
FIGURE 1
Site B Parking Supply Inventory
I:\JHI2001\G\Site B Parking Inventory.cdr (6/23/2020)
5000 Birch Parking
Bi
r
c
h
S
t
Bi
r
c
h
S
t
Von Karman AveVon Karman AveMacArthur BlvdMacArthur BlvdJamboree RdJamboree Rd
- Parking Supply
- Total Parking Supply
- KCN Site B
XX
3,045
LEGEND
Project
Site
168
Area 1Area 1
94
Area 2Area 2
291
StructureStructure
140
Area 3Area 3
134
Area 4Area 4
36
Area 5Area 5 56
Area 6Area 6
440
Area 7Area 7
199
Area 8Area 8
84
Area 9Area 9
89
Area 10Area 10
458
Area 16Area 16
179
Area 11Area 11
199
Area 13Area 13
329
Area 14Area 14
68
Area 12Area 12
81
Area 15Area 15
45
SOURCE Google Earth:
FEET
8004000
N
FIGURE 2
Walking Distance to/from 5000 Birch
I:\JHI2001\G\Walking Distance.cdr (6/23/2020)
5000 Birch Parking
Bi
r
c
h
S
t
Bi
r
c
h
S
t
Von Karman AveVon Karman AveMacArthur BlvdMacArthur BlvdJamboree
RdJamboree
Rd
C
a
m
p
u
s
B
l
v
d
C
a
m
p
u
s
B
l
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1/2 Mile
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a
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i
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i
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46
SOURCE Google Earth:FEET3801900NFIGURE 3Pedestrian Activity at Jamboree PromenadeI:\JHI2001\G\Promenade Pedestrian.cdr (6/25/2020)5000 Birch ParkingJamboree RdJamboree RdDupont DrDupont DrTeller AveTeller AveRetail/Restaurant(Jamboree Promenade)Retail/Restaurant(Jamboree Promenade)Office(Allergan)Office(Allergan)Office(Boardwalk)Office(Boardwalk)Residential(Villa Siena/Toscona)Residential(Villa Siena/Toscona)FutureResidential(Elements)FutureResidential(Elements)LEGENDPedestrian CirculationCampus
DrCampus
Dr47
P ARKING A NALYSIS
S EPTEMBER 2020
5000 B IRCH S TREET (POUR V IDA R ESTAURANT)
N EWPORT B EACH, C ALIFORNIA
\\vcorp12\projects\JHI2001\Parking Study4.docx «09/02/20»
ATTACHMENT B
TABLES A AND B
48
size= 967,803 SF size= 1,620 NPA
demand= 3,051 spacesdemand= 21 spacesResidual/
Time spacesspacesUtilized Provided (Deficit)
6:00 AM 92 0 92 3,045 2,953
7:00 AM 915 0 915 3,045 2,130
8:00 AM 2,288 0 2,288 3,045 757
9:00 AM 2,898 0 2,898 3,045 147
10:00 AM 3,051 1 3,052 3,045 (7)
11:00 AM 3,051 14 3,065 3,045 (20)
12:00 PM 2,746 21 2,767 3,045 278
1:00 PM 2,746 11 2,757 3,045 288
2:00 PM 3,051 9 3,060 3,045 (15)
3:00 PM 3,051 7 3,058 3,045 (13)
4:00 PM 2,746 8 2,753 3,045 292
5:00 PM 1,526 10 1,535 3,045 1,510
6:00 PM 763 8 771 3,045 2,274
7:00 PM 305 9 314 3,045 2,731
8:00 PM 214 6 220 3,045 2,825
9:00 PM 92 1 93 3,045 2,952
10:00 PM 31 0 31 3,045 3,014
11:00 PM 0 0 0 3,045 3,045
PeakSharedParkingDemand 3,065
ParkingSupply 3,045
Residual/(Deficit)(20)
size= 967,803 SF size= 1,620 NPA
demand= 3,051 spacesdemand= 21 spacesResidual/
spacesspacesUtilized Provided (Deficit)
7:00 AM 610 0 610 3,045 2,435
8:00 AM 1,831 0 1,831 3,045 1,214
9:00 AM 2,441 1 2,441 3,045 604
10:00 AM 2,746 3 2,749 3,045 296
11:00 AM 3,051 9 3,060 3,045 (15)
12:00 PM 2,746 10 2,756 3,045 289
1:00 PM 2,441 21 2,462 3,045 583
2:00 PM 1,831 16 1,846 3,045 1,199
3:00 PM 1,220 12 1,233 3,045 1,812
4:00 PM 610 8 618 3,045 2,427
5:00 PM 305 12 317 3,045 2,728
6:00 PM 153 14 166 3,045 2,879
7:00 PM 0 14 14 3,045 3,031
8:00 PM 0 17 17 3,045 3,028
9:00 PM 0 4 4 3,045 3,041
10:00 PM 0 0 0 3,045 3,045
11:00 PM 0 0 0 3,045 3,045
PeakSharedParkingDemand 3,060
ParkingSupply 3,045
Residual/(Deficit) (15)
()Negativevalues=parkingdeficit.
SF=squarefeet
NPA=NetPublicArea(sf)
1ParkingrequiredperthePlannedCommunityDevelopmentStandardsforKollCenterNewport(PC15)SiteB
Spaces
TableA:5000Birch(PourVida)SharedParkingAnalysis
Weekday
KCNSiteBOfficeUse1 ProposedRestaurant2
%utilization3 %utilization4
3%0%
30%0%
75%0%
95%0%
100%6%
100%67%
90%100%
90%53%
100%44%
100%33%
90%36%
50%47%
25%39%
10%41%
7%29%
3%5%
1%0%
0%0%
Weekend
KCNSiteBOfficeUse1 ProposedRestaurant2
Spaces
Time %utilization3 %utilization4
20%0%
60%0%
80%3%
90%16%
100%42%
90%47%
80%100%
60%74%
40%58%
20%37%
10%55%
5%66%
0%68%
0%79%
0%21%
0%0%
0%0%
2RestaurantparkingdemandbasedonCityLetterdated1/9/20(1,620sfnetpublicarea@50spaces/sf=33spaces,less
12spacesrequiredforexistingofficeuse.Totalprojectdemand=21spaces).KCNSiteBrequiresatotalof3,051spaces,
however3,045spacesareprovided.
3ParkingutilizationbasedontheUrbanLandInstitute(ULI)SharedParkingforOfficeuse,2ndEdition.
4ParkingutilizationbasedonaveragePourVidasalesdatafromAnaheimlocation.
49
InboundOutboundDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageTotalAverageTotalAverage101000122000101101 4 11 3 2 0 0 0 12 2 7 3 5 4 1 3 2 0 0 0 11 45 2 4 1 2 2 9 4 7 1 1 1 3 2 3 2 2 2 14 52 4 3 4 2 3 7 11 9 4 2 3 4 0 2 3 0 2 14 86 5 6 0 1 1 13 9 11 1 3 2 3 0 2 4 1 3 19 62 4 3 6 2 4 9 3 6 9 4 7 6 2 4 3 0 2 13 132 2 2 6 4 5 6 15 11 6 4 5 2 5 4 4 1 3 17 133 6 5 10 4 7 8 3 6 5 8 7 2 3 3 2 1 2 14 162 0 1 1 7 4 10 10 10 5 10 8 0 0 0 3 0 2 11 140 1 1 3 5 4 9 2 6 4 4 4 1 0 1 2 1 2 8 10101101513111423101 7 3000000212513243212 5 525 27 26 32 27 30 91 63 77 44 43 44 29 21 25 27 7 17 136 95ͲͲ16ͲͲ20ͲͲ37ͲͲ27ͲͲ13ͲͲ1063 56101000101000021000 3 0101000111000000122 2 2011011101011302000 4 2011101101000302111 4 2000000101021053333 4 4000101174011111174 5 6000000000000222264 2 4000101000021201132 1 4000000011032212201 3 3000000011000011101 1 1000000000000111000 1 0000000000011011000 1 12 2 2 3 1 2 6 10 8 0 10 5 14 14 14 12 22 17 30 26ͲͲ4ͲͲ3ͲͲ7ͲͲ4ͲͲ8ͲͲ13 17 18peakhourofpedestriantraffic.Day1countscollectedbyNationalDataandSurveyingServices(NDS)onWednesday,January30th,2019.Day2countscollectedbyNationalDataandSurveyingServices(NDS)onThursday,February7th,2019.4:45PM4:30PM4:00PMMiddayPeakHourTotalInbound11:00AM11:15AM11:45AM11:30AM1:45PM1:30PM1:15PM1:00PM12:45PM12:30PM12:15PM6:00PM5:45PM5:30PM5:15PM5:00PMPMPeakHourTotalPMTotal6:45PM6:30PM6:15PM4:15PM12:00PMJamboreePromenadePlazaTableB:JamboreePromenadePedestrianSurveySummaryMiddayTotalInboundOutboundOutboundTimeInboundOutboundEntrance1Entrance2Entrance3P:\JHI2001\PedestrianSurveySummary.xlsx8/6/202050
P ARKING A NALYSIS
S EPTEMBER 2020
5000 B IRCH S TREET (POUR V IDA R ESTAURANT)
N EWPORT B EACH, C ALIFORNIA
\\vcorp12\projects\JHI2001\Parking Study4.docx «09/02/20»
ATTACHMENT C
POUR VIDA UTILIZATION
51
April 23, 2020
To Whom It May Concern:
The following chart represents the number of sales tickets we receive within each hour during
our regular business week. As you can see, on most days our peak times are right between 11
AM – 1 Pm and again from 6 PM – 8 PM. The only other day with another relative spike would
be Sunday around 3 PM; Sunday is the only day that we offer Happy Hour all day.
Number of Sales Tickets Within Each Hour
Survey from 185 W. Center Street Promenade, Anaheim
The data included in this chart was populated via Clover, our POS system for our Anaheim
location.
Sincerely,
Jimmy Martinez
President, Pour Vida Latin Flavor Inc.
0
5
10
15
20
25
30
9 10 11 12 1 2 3 4 5 6 7 8 9# of Tickets Within Each HourRegular Business Hours
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
July 08, 2020
52
MondayTuesdayWednesdayThursdayFridayAverageUtilization% SaturdaySundayAverageUtilization%9:000 0 0 0 0 0 0% 1 0 1 3%10:001 0 0 0 4 1 6% 2 4 3 16%11:005 18 6 9 20 12 67% 5 11 8 42%12:0015 28 11 14 19 17 100% 6 12 9 47%1:005 12 12 11 6 9 53% 14 24 19 100%2:006 12 7 8 5 8 44% 14 14 14 74%3:003 8 4 5 9 6 33% 6 16 11 58%4:008 4 5 6 8 6 36% 7 7 7 37%5:005 7 15 9 5 8 47% 14 7 11 55%6:003 3 15 10 3 7 39% 10 15 13 66%7:006 6 6 9 9 7 41% 5 21 13 68%8:001 2 13 5 4 5 29% 24 6 15 79%9:000 0 0 0 4 1 5% 8 0 4 21%Note:InformationreferencedfromPourVidaletter,datedApril23,2020.TimeWeekdayNumberofTicketsWeekendPourVidaHourlyParkingUtilization53
INTENTIONALLY BLANK PAGE54
Attachment No. PC 4
Project Plans
55
INTENTIONALLY BLANK PAGE56
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5301 California Avenue,
Suite 100
Irvine, California 92617
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PA2019-259
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949-261-1001 Office
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LPADesignStudios.com
5301 California Avenue,
Suite 100
Irvine, California 92617
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NET PUBLIC AREA
Interior Net Public Area Summary: 839 SF
Patio Net Public Area Total: 991 SF
Net Public Area Total for Parking: 1,830 SF
Subtract 25% Calculation 210 SF
Total SF Use for Parking: 1,620 SF
1
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4
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Suite 100
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PA2019-259
61
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From:Adriana Fourcher
To:Planning Commissioners
Subject:Public comments on Pour Vida Restaurant application - including attachments of docs related to Parking Issues at
Koll Center Newport
Date:Wednesday, October 21, 2020 4:56:51 PM
Attachments:Comments on Pour Vida Restaurant application.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please find attached comments to be included in the public record on the application for a
restaurant to be added within Koll Center Newport with a request for a waiver of 21 parking spaces.
The justification of the waiver of 21 parking spaces does not take into account existing issues and the
way that current businesses use Koll Center (including patronizing 21Carrots restaurant on
MacArthur).
This letter establishes that there are existing parking issues within Koll Center Newport and in close
proximity to the proposed location of the restaurant.
Decisions need to be made in context to the existing businesses and the potential future
developments which will generate parking issues at Koll
Center Newport.
Thank you.
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Adriana Fourcher
Fourcher4340, LLC
4340 Von Karman Ave., Suite 400
Newport Beach, CA. 92660
October 21, 2020
City of Newport Beach Planning Commission
100 Civic Center Drive
Newport Beach, CA. 92660
Re: Pour Vida Restaurant -Conditional Use Permit and Request for waive of 21 parking spaces
Dear Commissioners:
groundlevel parking spaces within Koll Center Newport. As you are aware, Koll Center Newport is aplanned
communis development. Each building owner and each Condo Owner was required to agree to the
erms o, the CCgiR's for Koll Center Newport in order to Cose escrow. Instead of attaching a159-page
ReuZ h""'“Z ' '>»*'’ a n dRetail space have prescribed parking criteria,
reasons why parking spaces need to be counted and allocated for
Restaurant businesses within Koll Center Newport:
These are three basic
Retail and
1.Awaiver for parking spaces is afalse assumption that employees of,
not require transportation. (24Carrot Restaurant at 4000 MacArthur
Newport has parking. It Is a7-minute walk from 4340 Von Karman, but Koll Center occupants
not necessarily always going to walk, depending on the weather, their ability to walk and other
factors. Likewise, take out lunches for group meetings typically
Existing business owners and tenants have already made an i
increase
arestaurant and patrons do
Boulevard in Koll Center
require avehicle.)
an investment in Koll Center. The
Iparking criteria,
are being taken away from businesses. (See Attached Excerpts from
2.
mretail and restaurant space needs to comply with existing prescribed
otherwise parking spaces
CC&R's)
3.It IS good planning and equitable to require the applicant to be allocated parking spaces for
Pour Vida Restaurant, just like all other commercial businesses in Koll Center Newport If the
restaurant is allocated parking spaces, then CBRE and Koll Center Newport will not be able to
borrow spaces from other Newport building owners' allocations when future parking issues
arise. The attached letter shows that although CBRE on behalf of Koll Center, has been willing to
increase our parking card requests, they may revoke the parking cards if parking issues arise in
the area. (See Attached Letter and Attached Email exemplifying existing parking issues prior
to new construction and/or addition of retail/restaurant which is more intensive)
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
For the record,»rl,i°r "O' a l l o c a t e dpark,ng spaces. At almost full occupancy (Pre-Covid) we had 217 parking cards plus some businesseswere leasing covered parking from John Hancock,
saying that our allocation is only 197 spaces based
usable square feet.
We needed over 220 parking spaces. Koll Center is
upon their formula of 3.16 parking spaces per 1,000
'* or the CCSrP's line up with Koll Center
ewport sparking allocation. See the attached excerpts from the CC&R's, page 14 which shows that the
Assumed Parking Criteria is one (1) space per 225 square feet of net building
If we applied Koll's number for usable square footage of 62,424 square feet for 4340 Von
Karman and divided by 225 square feet, there would be 277 spaces allocated to 4340 Von
Karman. Ibelieve we need to have at least 220 parking spaces that cannot be revoked and that
we are not charged for excess parking
in light that another applicant is applying to build aparking structure that eliminates 75 surface
parking spaces directly adjacent to 4340 Von Karman with no assurances of free access, it is not
equitabie for the 5000 Birch property to build out arestaurant and then request awaiver for
the 21 parking spaces that otherwise would need to be
There is not sufficient common
area @120 cars per acre.
on.
accounted for over by 5000 Birch,
area parking that is convenient to 4340 Von Karman, let alone
other building owners in Koll Center Newport. One should not borrow parking spaces by our
building and then waive parking allocations over by the subject property where the proposed
restaurant and future residential projects will be creating congestion.
Thank you in advance for your consideration of these points. Ispeak for anumber of business
owners. Because of Covidl9 and people working out of their home, there wasn't an
opportunity to garner signatures from other business owners in our building. We anticipate
that once the Covidl9 stigma is gone that our building will quickly go back to occupancy
business owners tend to come to work and will want to get back to normal.
Sincerely,
since
Adriana Fourcher
Attachments:
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
●!
RECOHDI»G REQUESTED BY AND '
WHEN RECORDED RETURN TO; ^
0Holveny i‘Myers
6:a V/est 6th Street
Lm Angeles, California 90017
Attention; Jerold L. Miles
;T7,/^x/^7Oats Rccc/cfccJ_
Book .
, O f C i c I j l R o c o f ^ S s o f
C
7
Pare
●I-;
Cou^^/
.●V■/:Document No.,
.‘-■
●^
;
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF
●_KOLL CENTER NEWPORT
PREAMBLE
●.THIS DECLARATION, which la made as of the l8th
day of[^une,; 1973 KOLL CENTER hfEVPORT,
llmlteci partnership (hereinafter
and replaces that certain Declaration
dltions and Restrictions datedVNovember 2,
Hove»,b«r 6, 1972 In B^olc 10U3, Page 55<l, In the Official
Records of Orange County.
2, 1972 Is hereby declared
only with respect to the
.as to all other property described therein.
aCalifornia
Declarant"), supersedes
of Covenants, Con-
1972, recorded
I!
7-i:
;
;
r.-
'●●●: ●
■7;/^
Said Declaration dated Novemb
r e v o k e d f o r a l l
er:
V
purposes,, not
property described herein but -also
1
:●
:
Declarant is the ovmer of certain*real property
Property") mthe City of Nevrport Beach,
described
rTract No. 7953,
Pagaa 7t.hrough 11
of Klaccaancouc Sapa, Offlol.l SccorOa or orange County.
«■* '
(hereinafter the
C o u n t y o f
M
V-
Orange,State of Callfor.nia,
5. 6, 8, 9, 10, 12, 13 and lH 0
a s L o t s
as
shown on aTract Hap recorded In Book 310,
;
,V
V.V
;
*
D e c l a r a n t I s a b o u t to sell, lease,o r o t h e r w i a o
exhibit B-1
'1
i
i J
|c
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Pcx§ji Q3
MENT CONSIDERy^ONS (1)f DEVELOP
annjrri« fpeviilopnient is aprojeci of The Koil Company. This area is mostap^opnate for commero.al and light industrial uses, and therefore we submit the enclosed artraffic analysis, vehicular analysis, land use analysis and market analysis to substant ale this
of approximately 179.0 acres bounded on the northeast by Campus Drivehe southeast by Jamboree Road and on the west by MacArthur Boulevard. (10)
rtuJrtd 'priorTn the master plan concept, areview shall besnhm tf HKfK issuance of any building permits, aprecise development plan shall besubmitted by the developer to the Planning Director for review. This precise plan shall confo™eio'r'dTn K«^"er applicable coZ Idregulations and shall be approved pnor to submission by The Koll Company Includedplan review material shall be; ^
on
in the
1.Building Criteria
a. size
b. location
c. height
d. materials
2.Parking Criteria
a. areas, including drives and accesses
b. quantity
c. size
3.Landscaped Areas
a. setbacks
b. walls
c, plazas
d. pools, fountains and/or other amenities
Signing Criteria4.
a. location
b. size
c. quantity
5.All other site improvements as directed by the Planning Director and
recommended below. Items 5a tlirough 5e inclusive.
as
GXC-er^- M o 1 5
1
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
PARTE COMMERCIAL
I
Site Area and Building Area
professional &RT JS;T7vJFSS OFFTOE.q
Section I.
Group I
Acreages shown are net buildable land
property lines. (4)
Building Site.s (4)
area including landscape setbacks with
A.
Total Acreage
30.939 acres *
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres CR)
122J74 acres (8)(10)(11)
Office AcreageSite A
Site B
Site C
Site D
SiteE
SiteF
Site G
30.939 acres *
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres fS)
^^^S2±m^(8)(W)(l I)
B.Ajjgwable Building Ama
Site A
Site B
SiteC
Site D
SiteE
SiteF
Site G
340,002 square feet (16)
963,849 square feet (13)(16)
674,800 square feet (10)(15)
240,149 square feet (8)(13)
32,500 square feet (4)
24,300 square feet (4)
^,000 square feet (8)
2,320.600 square feet 2,320,600 square feef (15)
C.Statistical Analy;;^(4)
The following statistics are for infonnation only.
Development may include but shall not be limited to the following:
Stoij heights shown are average heights for possible developmentbuildings within each parcel may vaiy. ''^lopment.
Assumed Parking GritcHa-
The
One (I) yace per 225 square feet of net building area (2 120 carsper acre for Sites C,D,E,F and G. ®
a.
I14
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
fo-- hotel end moteland 2.0 acres of lake within Office Site A. Therefore there are "^n q-^qnet within Office Site A. (3)(4)(16) there are 30.939 acres
One (1) space per 300 square feet of net building area (a)
120 cars per acre for Sites A, Band C. (11)
b.
Site A
Allowable Building Area
Site Area 340,002 square feet (16)
19.399 acres *(3)(4)(16)
Building Height
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten stoiy development
Eleven story development
Twelve story development
Parking
1,133 cars
a.
Land Coverage (16)
3.90 acres
2.60 acres
1.95 acres
1.56 acres
1.30 acres
1.11 acres
0.97 acres
0.87 acres
0.78 acres
0.71 acres
0.65 acres
b.Land Coverage
9.44 acres(ll)(I6)
^dscapedOpen^ce (4) (1 i) (16) Land Coveraa,-
iwo story development
Three story development
Four stoiy development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
c.
.. 6.06 acres
.. 7.36 acres
.8.01 acres
.8.40 acres
.8.66 acres
.8.85 acres
8.99 acres
9.09 acres
9.18 acres
9.25 acres
9.31 acres
2.Site B
Allowable Building Area
Site Area 963,849 square feet (13) (16)
43.703 acres (4) (11)
15
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
E.Building Height
Maximum building height shall not exceed height limits set by theFederal Aviation Authority for Orange County Airport.
SERVICE STATTONSl
Building Sites (4) (5) (11)
Site 3;
Group rV.
A.
1.765 acres 1.765 acres
Service station site 3shall be located within Office Site Fand shall not
exceed 1.765 acres msize. Any portion' or all of Site 3not utilized for
service station use shall revert to either professional and business office
use or restaurant use. (4)
restaurants (1) (4)
Building Sites
Group V.
A.
Maximum acreages for Site 2shall not exceed 125 (18)
Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites
4and 5shall not exceed 3.0 acres. Maximum acreage for Sites 6and 7shall not exceed 2.2 acres. (8)
(The following acreages are for information only.)
Site 1Deleted see Group Vn.
Site 2
Site 3 ’
Site 4
Site 5
Site 6
Site 7
acres.
(18)
.1.25 acres
1.765 acres
1.50 acres
1.50 acres
1.50 acres (8)
0.70 acres (8)
.8,215 acres
Site 1Deleted see Group VH Private Club (18)
Site 3located within Office Site “F”. (4)
Sites 2, 4and 5located within Office Site “B”. (4) (16)
Sites 6and 7located within Office Site “G”. (8)
.8.215 acres
Any portion or all of the restaurant, bar, theater/nightclub acreage for
Sites 2, 4, 5, 6or 7not utilized for that.purpose shall revert to
professional and business office use. Any portion or all of the restaurant
acreage for Site 3not utilized for that purpose shall revert to either
professional and business office use or service station use. (4) (8) (18)
21
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
I
TIte following statistics are for information only. Developmentshall not be limited to the following.
BuiidineArea (4)
Site 2.,..
Site 3
Site 4
Site 5
Site 6(8)
Site 7(8)
may include but
B.
●5,000 sq. ft.
.10,000 sq.ft.
●7,000 sq. ft. 0.16 acres
■7,000 sq. ft.
7,000 sq. ft 0.16 acres
3.000 so. ft.
0.11 acres
0.22 acres
0.16 acres
●— 0.07 acre.s
0-88 acres 4Mjergs (8)(18)
C.Parking
Criteria:300 occupants/10,000 sq. ft.
1space/3 occupants and 120 cars per acre.
Site 2
Site 3
Site 4
Site 5
50 cars
100 cars
70 cars
70 cars
Site 6(8) ... 70 cars
Site 7(8) ... 30 cars
390 cars
0.42 acres
0.84 acres
0.58 acres
0.58 acres
0.58 acres
0.25 acres
Mimm MlMSm(8)(I8)
D.Landscaped Open Spapp rd\
Site 2
Site 3
Site 4
Site 5
Site 6(8) .... 0.76 acres
Site 7(8) .... 0.38 acres
4.08 acres
0.72 acres
0.70 acres
0.76 acres
0.76 acres
(8) (18)
E.Building Height
Building height of structures shall be limited
feet.height of thirty-five (35)to a
Group VI.retail &SERVICE GKNTFP
Building Site (4) (5)A.
22
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Site I
Site 2
5.026 acres
1.500 acre.s
6.526 acres ..6.526 acres
Site 2shall be located within Office Site ‘
service Site 2acreage not utilized for that
business office use. (4) (16)
Allowable BuiMinpr /S)
B. Any portion or all of the retail and
purpose shall revert to professional and
B.
*Retail Site No. 1
Retail Site No. 2 102,110 sq. ft. (14)
10,000 sq.ft.
*Retail Site No. 1fsg Fr)
Parcel
Parcel I, R/S 588
.Existing 30%.7.0?%..,Total
(R) 8,200
IQ) o ;
(R) 10,198
( 0 ) 3 . 1 6 4
(R) 23,794 (R) 42,192
IQI-7,384 fOl
Parcel 3, R7S 506 (R) 0
IQ) 0
(R) 0 ( R )
1 0 ) 2 2 , 0 0 0 r o i
0(R)
^(O) 22.000
0
Parcel 4, R/S 506 (R) 4,115
IQ) 0
(R) 5,334 (R) 12,447 (R) 21,896(0) 1.642.[Q1 3,832 rO) 5,474
Subtotal (R) 12,315
IQ) 0 _
(R) 15,532 (R) 36,241 (R) 64,088
IQ) 26,806 .(0) 11.216 (Q) .38 0??
Total 12.315 42.338 47.457 102.110 041
(R) =Retail
Landscape Area (5)
Twenty-five (25) percent of the 5.026 acres constituting retail and servicecenter Site No. 1shall be developed as landscape area.
If twenty-five (25) percent of the 5.026 acres constituting retail andservice center Site No. 1not developed as landscape area aspLificsite plan shall be submitted to the City of Newport Beach PlLingCommission for approval prior to the issuing of abuilding permit. ^
Statistical Analysis f51
only- Developmerninclude but shall not be limited to the following.
(O) =Office
C.
D.
may
23
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
(
Assumed parking criteria; One (1)‘ .pace per 200
building area at 120 cars per
1. Site 1
Allowable Building Area
square feet of net
acre.
102.110 sq. ft.(14)
Site Area
5.026 acres
Building Height 04t
Two story development.
Three story development
Four story development
Five story development..
a.
1.17 acres
0.78 acres
0.59 acres
0.47 acres
b.Parking n4)
460 cars 3.83 acres
Landscaped Open Space (14)
Two story development
Three story development
Four story development
Five story development
c.
0.03 acres
0.87 acres
0.61 acres
0.73 acres
2. Site 2
Allowable Building Area
Site Area
0.23 acres
1.50 acres
Building Height
One story development .
a.
0.23 acres
b.Parking
50 cars.0.42 acres
Landscaped Open Space
One story development..
c.
0.85 acres
E.Building Height
Building height of stractures shall be limited to aheight of thirty-five (35)
feet above mean existing grade as shown on Exliibit “B.” (5)
Group Vn. PRIVATE CLUB (18)
Building SiteA.
Site 1 2.0 acres 2.0 acres
24
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
COMMERCIAL REAL ESTATE SERVICES
Brooksie Goulet
Real Estate Manager
Lie. 01930217
4400 MacArthur, Suite 350
Newport Beach, CA 92660CBRE, Inc.
Asset Ser/ices
Broker Lie. 00409987
(949)955-2131 Phone
(949) 833-2476 Fax
brooksie.qoulet(g)chre com
www.cbre.com
February 19, 2019
Mr. Gallant
Citivest Inc.
4340 Von Karman Ave.
Newport Beach, CA 92660
Re: Koll Center Newport -Additional Parking Card Request
Dear Mr. Gallant,
Please be advised that Koll Center Newport has agreed to allow Citivest to useupto an
additional 5parking cards, and due to apreviously approved number of cards, this will
bringyou to 20 overyour City Net Allocation for acombined total of 217 parking cards.
Please note, the additional cards are issued on amonth to month basis and
revoked if parking issues arise in the area.
Please contact my office with any questions.
Sincerely,
CBRE, Inc
Agent for Koll Center Newport
may be
Brooksie Goulet
Real Estate Manager
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Wednesday, October 21, 2020 at 16:12:25 Pacific Daylight Time
Subject:
Date:
From:
RE: URGENT; Update on Parking allocation for 4340 Building
Friday, October 16, 2020 at 12:38:56 PM Pacific Daylight Time
Laura Iniguez
'Daniel Blackburn', Adriana FourcherTo:
Attachments: image001.jpg
CAUTION:External Sender
Hi Daniel, see responses in red.
How many parking spots total is the building allotted as of October 2020? (EX. 217 OR 220?). 197 spaces
How many usable S.F. do they "count" our building and what is their parking ratio allotment? (Ex 3155 x
68,783= 217 spaces) 3.16 x62,424 =197
Please confirm that VKCOA does not pay monthly rates for unreserved spaces to ABM but that individual
condo owners may pay if they are over the 3.155 xusable S.F. allotment and the building has no surplus
unreserved spaces. ABM issues parking passes to each tenant/owner based on information provided by
VKCOA, over allotted spaces approved by VKCOA are billed directly to tenant/owner and reported under
monthly revenue in your monthly statement.
Hope this helps.
Laura Iniguez
Facility Manager
ABM IBusiness &Industry
Koll Center Newport
5000 Birch Street., Suite 2, Newport Beach, CA 92660
949-476-0688 (Office)
949-476-9247 (Fax)
linieuez@abm.com
ABM. Building Value.
From: Daniel Blackburn <dblackburn(5)citivesti'nc.com>
Sent: Friday, October 16, 2020 11:55 AM
To: Adriana Fourcher <afourcher(®bitcentral.com>; Laura Iniguez <Laura.lniguez@abm.
Subject: [EXTERNAL] RE; URGENT: Update on Parking allocation for 4340 Building
com>
WARNING:
This email originated outside of ABM. DO NOT CLICK links or attachments unless you recogn
Page 1of 3
Planning Commission - October 22, 2020
Item No. 7a Additional Materials Received
Pour Vida Restaurant and Parking Waiver (PA2019-259)
From:Michelle Holmon
To:Planning Commissioners
Subject:the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC
Date:Thursday, October 22, 2020 10:57:31 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hello Newport Beach Planning Commissioners,
We are tenants at 5000 Birch Street, Newport Beach.
Having a restaurant were both our employees could dine as well as our clients who come into the
office would be greatly needed and appreciated.
There are limited immediate restaurants nearby where our employees and clients can dine.
Please consider approving this site.
Thank you.
Michelle A Holmon
Assistant Vice President of Client Development
The Rushmore Group
5000 Birch Street, Suite 100
Newport Beach, CA 92660
(949)825-6160 Direct
(949)253-0480
(800)824-3911
(949)253-0488 (Fax)
The best compliment we can receive is the referral of your Family, Friends
and Colleagues.
"Preserving Family Wealth & Harmony for Generations." The Rushmore Group was established in
1981.
www.RushmoreGroup.com
Securities offered through WestPark Capital, member of FINRA/SIPC. The Rushmore Companies are
not affiliated with WestPark Capital.
This email is intended only for the recipient to whom it is addressed and may contain information
that is privileged and confidential. Nothing contained in this email constitutes tax, legal, insurance
or investment advice, nor does it constitute a solicitation or an offer to buy or sell any security or
Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
other financial instrument. If you are not the intended recipient of this message, any use,
dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify the sender and permanently delete
all copies that you may have.
Please be advised that calls to and from WestPark Capital, Inc. may be monitored or recorded.
WestPark Capital, Inc., member of the FINRA/SIPC. The above communication, the
attachments and/or hyperlinks provided are intended for informational purposes only. and are
not to be interpreted by the recipient as a solicitation to participate in any securities offerings.
Investments referenced may not be suitable for all investors and may not be permissible in
certain jurisdictions. The information contained in this message is legally privileged and
confidential for the use of the individual or entity named above. If the reader of this message is
not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, you are hereby notified that any release, dissemination, distribution, or copying of
this communication is strictly prohibited. If you have received this communication in error,
please notify the author immediately by replying to this message and delete the original
message.
Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
From:California, Newport Beach - Newport Birch Street Center
To:Planning Commissioners
Cc:Dionne R. Mulcahy-Rodriguez
Subject:Pour Vida Restaurant - 5000 Birch Street within KNC
Date:Thursday, October 22, 2020 10:57:51 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To whom it may concern;
We are tenants at Koll Center Newport Beach and 100% support of Pour Vida
Restaurant being proposed at 5000 Birch Street, Newport Beach.
We believe this will bring a great and positive atmosphere to our community!
Thank you!
Nora Sanchez
Community Manager
(949) 476-3700 Office
(949) 476-3758 Fax
5000 Birch Street Suite 3000
Newport Beach, CA 92660
Questions about your account? Contact the Regus Account Helpdesk at (888) 866-9799 or account.helpdesk@regus.com
For requests or inquiries regarding billing, invoices, or payments, please reach out to the Account Helpdesk to help
resolve your concerns. You may also log into your MyRegus account and simply go to the HELP section.
The information contained in this e-mail (including any attachments) is intended only for the personal
and confidential use of the recipient(s) named above. If you are not an intended recipient of this message,
please notify the sender by replying to this message and then delete the message and any copies from
your system. Any use, dissemination, distribution, or reproduction of this message by unintended
recipients, is not authorised and may be unlawful.
Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
From:Tim Strader Jr.
To:Whelan, Melinda; Rodriguez, Clarivel; Lee, Amanda
Subject:Pour Vida Support Emails
Date:Thursday, October 22, 2020 2:12:57 PM
Attachments:EXTERNAL FW the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC.msg
EXTERNAL Pour Vida Restaurant - 5000 Birch Street within KNC.msg
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please see below and attached. Thanks, Tim
From: Dionne R. Mulcahy-Rodriguez <Dionne_Mulcahy-Rodriguez@jhancock.com>
Sent: Thursday, October 22, 2020 2:03 PM
To: Tim Strader Jr. <tj@starpointeventures.com>
Subject: Support Emails
I am being told that the City should have letters of support from Hines, the owner of 4000
MacArthur and 4400 and 4350 Von Karman, managed by RiverRock on behalf of their owners.
I am trying to get copies.
Attached are support letters from two of our tenants at 5000 Birch – Rusmore Group and Regus.
Dionne Mulcahy-Rodriguez
Property Manager
Manulife Investment Management
E Dionne_Mulcahy-Rodriguez@jhancock.com
T 949 385 9361
5000 Birch Street, Suite 120
Newport Beach, California, U.S.A., 92660
Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
From:Michelle Holmon
To:Dionne R. Mulcahy-Rodriguez
Subject:[EXTERNAL] FW: the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC
Date:Thursday, October 22, 2020 10:58:32 AM
CAUTION This email is from an external sender, be cautious with links and attachments.
Done!!!! See below.
Michelle A Holmon
Assistant Vice President of Client Development
The Rushmore Group
5000 Birch Street, Suite 100
Newport Beach, CA 92660
(949)825-6160 Direct
(949)253-0488 (Fax)
From: Michelle Holmon
Sent: Thursday, October 22, 2020 10:57 AM
To: PlanningCommissioners@newportbeachca.gov
Subject: the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC
Hello Newport Beach Planning Commissioners,
We are tenants at 5000 Birch Street, Newport Beach.
Having a restaurant were both our employees could dine as well as our clients who come into the
office would be greatly needed and appreciated.
There are limited immediate restaurants nearby where our employees and clients can dine.
Please consider approving this site.
Thank you.
Michelle A Holmon
Assistant Vice President of Client Development
The Rushmore Group
5000 Birch Street, Suite 100
Newport Beach, CA 92660
(949)825-6160 Direct
(949)253-0480
(800)824-3911
(949)253-0488 (Fax)
Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
The best compliment we can receive is the referral of your Family, Friends
and Colleagues.
"Preserving Family Wealth & Harmony for Generations." The Rushmore Group was established in
1981.
www.RushmoreGroup.com
Securities offered through WestPark Capital, member of FINRA/SIPC. The Rushmore Companies are
not affiliated with WestPark Capital.
This email is intended only for the recipient to whom it is addressed and may contain information
that is privileged and confidential. Nothing contained in this email constitutes tax, legal, insurance
or investment advice, nor does it constitute a solicitation or an offer to buy or sell any security or
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Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
From:California, Newport Beach - Newport Birch Street Center
To:Planning Commissioners
Cc:Dionne R. Mulcahy-Rodriguez
Subject:[EXTERNAL] Pour Vida Restaurant - 5000 Birch Street within KNC
Date:Thursday, October 22, 2020 10:57:38 AM
CAUTION This email is from an external sender, be cautious with links and attachments.
To whom it may concern;
We are tenants at Koll Center Newport Beach and 100% support of Pour Vida
Restaurant being proposed at 5000 Birch Street, Newport Beach.
We believe this will bring a great and positive atmosphere to our community!
Thank you!
Nora Sanchez
Community Manager
(949) 476-3700 Office(949) 476-3758 Fax
5000 Birch Street Suite 3000
Newport Beach, CA 92660
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recipients, is not authorised and may be unlawful.
Planning Commission - October 22, 2020
Item No. 7b Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Corporate Office
100 Bayview Circle, Suite 2600
Newport Beach, CA 92660
P [714] 689 1440
F [714] 556 2358
www.riverrockreg.com
October 22, 2020
City of Newport Beach Planning Commission
100 Civic Center Drive
Newport Beach, CA 92660
RE: 5000 Birch – Pour Vida Restaurant
To City of Newport Beach Planning Commission,
I am writing to you on behalf of 4350 Von Karman Avenue, Newport Beach to show support of the
construction of Pour Vida Restaurant at 5000 Birch Street within Koll Center Newport.
We feel the additional of a restaurant at 5000 Birch will be a wonderful amenity for our tenants.
If you have additional questions, please feel free to contact me. Thank you in advance for your time and
consideration.
Regards,
RiverRock Real Estate Group
as agent for COMAC America Corporation
Brianna McHenry
Portfolio Manager
CA License #01851180
714-689-1454
Planning Commission - October 22, 2020
Item No. 7c Additional Materials Received After Deadline
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Pour Vida Restaurant
and Parking Waiver
5000
Birch Street
Planning
Commission
Public Hearing
October 22, 2020
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Introduction
Conditional Use Permit
Authorize restaurant
Type 41 ABC License (Beer & Wine)
Hours
M-F: 6am- 11pm
Weekends: 9am-11pm
21-space parking waiver
Community Development Department -Planning Division 2
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Vicinity Map
Community Development Department -Planning Division 3
Project Site
Subject Site
Uptown
NewportKoll Center Office Site B
367,800 sq. ft. of offices
3,045 shared parking spaces
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Project Details
Community Development Department -Planning Division 4
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Renderings
Community Development Department -Planning Division 5
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Existing
Shared
Parking
6
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
½ Mile Radius
Community Development Department -Planning Division 7
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Recommended
Action
Conduct a public hearing
Find this project exempt from
CEQA pursuant to Section 15301
under Class 1 of the CEQA
Guidelines
Adopt Resolution No. PC2020-
037 approving UP2019-56
Community Development Department -Planning Division 8
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
For more
information
Contact Questions?
Melinda Whelan
949-644-3221
mwhelan@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 9
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Community Development Department -Planning Division 10
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Site Photos
Community Development Department -Planning Division 11
Planning Commission - October 22, 2020
Item No. 7d Additional Materials Presented at Meeting by Staff
Pour Vida Restaurant and Parking Waiver (PA2019-259)
Planning Commission - October 22, 2020
Item No. 7e Additional Materials Presented at Meeting by Applicant
Pour Vida Restaurant and Parking Waiver (PA2019-259)