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HomeMy WebLinkAbout20170209_PC Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 9, 2017 Agenda Item No. 3 SUBJECT: VUE Newport Restaurants and Parking Reduction (PA2016-157) 2300 Newport Boulevard  Conditional Use Permit No. UP2016-041  Conditional Use Permit No. UP2016-048 APPLICANT: NPB Marina LLC OWNER: NPB Marina LLC PLANNER: Jim Campbell, Principal Planner (949) 644-3210, jcampbell@newportbeachca.gov Rosalinh Ung, Associate Planner (949) 644-3208, rung@newportbeachca.gov PROJECT SUMMARY A request for Use Permits for two restaurants and a parking waiver with a parking management plan pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.110. The first restaurant would be a 5,204 square-foot, fine dining restaurant with an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General – Bona Fide Eating Place). The second restaurant would be a 2,142 square-foot casual dining restaurant with an ABC License Type 41 (On-Sale Beer and Wine – Bona Fide Eating Place). Both restaurants would include small outdoor dining areas. No late hours (past 11:00 p.m.), live entertainment or dancing are requested for either restaurant. The proposed restaurants are within the VUE Newport mixed-use development currently under construction in the McFadden Square area adjacent to the Crab Cooker. RECOMMENDATION 1) Conduct a public hearing; 2) Find each project to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because they have no potential to have a significant effect on the environment; 3) Adopt Resolution No. approving Conditional Use Permit No. UP2016-048 (Attachment No. PC 1) for the proposed 5,204 square-foot fine dining restaurant including a parking reduction; and 4) Adopt Resolution No. approving Conditional Use Permit No. UP2016-041 (Attachment No. PC 2) for the proposed 2,142 square-foot casual dining restaurant including a parking reduction. 1 INTENTIONALLY BLANK P A G E 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-W2 MU-W2 Vue Newport Mixed-Use Development (under construction) NORTH MU-W2 MU-W2 Retail Commercial SOUTH MU-W2 MU-W2 Retail Commercial EAST Newport Bay Newport Bay Newport Bay WEST MU-W2 & RT MU-W2 Public parking lot & Retail Commercial across Newport Blvd. 3 INTRODUCTION Project Setting/ Background The 2.3-acre project site is located on Newport Harbor within the McFadden Square area of the Balboa Peninsula between Woody’s Wharf and the Crab Cooker. The site is currently under construction with a mixed-use development called “VUE Newport” that consists of 27 residential units, a 19-slip marina with short-term small boat mooring, and approximately 35,335 square feet of retail and office uses. The property is designed with a 156-space subterranean parking garage with three building levels above. The podium level above the subterranean parking garage is designed for retail or office use, a central public plaza that provides physical and visual access to the waterfront, and a total of 80 parking spaces (54 garage spaces, 10 office parking spaces, 14 tandem office and employee covered parking spaces plus 2 commercial loading spaces). The levels above the commercial spaces are residential with the exception of Building C, located on the far eastern portion of the site, which is all commercial. Surrounding land uses include Woody’s Wharf, American Junkie and Balboa Boat Yard to the north; The Crab Cooker, South Coast Ship Yard, The Spaghetti Factory, and 22nd Street to the south; Newport Bay and the Lido Peninsula to the east; and several retail, bars, restaurants, a small hotel and residential uses to the west across Newport Boulevard and the public parking lot in McFadden Square. Low density residential uses are located approximately 150 feet to the east of the site along 22nd Street. The project site is within walking distance of the West Ocean Front 260-space public parking lot and the McFadden Square 137-space public lot. Additionally, there is a 60-space public parking lot across the street between Newport Boulevard and Balboa Boulevard. Project Description The applicant requests to convert approximately 7,346 square feet of planned office/retail space into two restaurants to be located on the podium level of the mixed- use development. The larger of the two restaurants would be a 5,204 square-foot, full- service “fine-dining” restaurant which will be similar to The Cannery, Bluewater Grill and Bandera in Newport Beach. The tentative operator for this restaurant is Prego Ristorante. The proposed location is on the lower level of Building C, which is a two- story commercial building at the southeast end of the project site on The Arcade Street adjacent to the South Coast Shipyard. The second restaurant would be a 2,142 square- foot, casual-dining restaurant similar to Pieology, MOD Pizza, Burger Lounge or HopDoddy Burger Bar. The tentative operator for this restaurant is Pizza Press. The proposed location of this use would be on the street level in Building A, which is the most northerly building facing Newport Boulevard near Woody’s Wharf. The outdoor patio could be between the building and the street or within the public plaza that is central to the overall project. No late hours, live entertainment or dancing are proposed for either restaurant. Each of the proposed restaurants will have a small outdoor dining area no larger than 25 4 percent of its net public area. The fine dining restaurant is to be located in Building C with an outdoor patio area on the first floor at the waterfront. An operator license pursuant to NBMC Chapter 5.25 will not be required for either of the proposed restaurants due to the early closing hours noted in the table below and the operational characteristics. The applicant also proposes to convert 2,388 square feet of planned commercial space to resident recreational areas and storage. The purpose of this change of use is to reduce traffic generation and parking demand as the uses do not generate traffic or parking as they are ancillary to the residential development. The location of this recreation area/storage will be identified by the applicant at a later date, but the project has been conditioned that it not be located on the lower level. The applicant has also limited the boat slips to resident use to further reduce the parking demand of the development. The applicant requests a waiver of the additional parking that the modified project generates and proposes a detailed parking management plan to support commercial uses, proposed restaurants and residents. The applicant’s parking management plan includes access control gates to be installed at each of the four vehicular access points. Table 1 illustrates the approved and proposed land uses and Table 2 below describes the restaurant sizes, locations and operating characteristics. Table 1 – Approved and Proposed Mixed-use Approved Proposed Changes Residential Units 27 Units N/A Boat Slips 19 Slips (public or resident) 19 Slips (resident only) Retail Office Total 21,434 sf. 13,901 sf. 35,335 sf. 11,700 sf. 13,901 sf. 25,601 sf. Restaurant None 7,346 sf. Residential Amenity None 2,388 sf. Table 2 – Restaurants Characteristics Fining Dining Casual Dining Restaurant Location Suite 6, Building C Suite 2, Building A Gross Floor Area 5,204 sf. 2,142 sf. Total Interior Dining (Net Public Area) 2,602 sf. (50% of gross floor area 1,071 (50% of gross floor area) Outdoor Dining 651 sf. max. (25% of net public area) 268 sf. max. (25% of net public area) ABC License Type 47 (beer, wine & distilled) 41 (beer & wine only) Live Entertainment/Dancing None Hours of Operation 6:00 a.m. to 10:00 p.m., Monday through Wednesday 6:00 a.m. to 11:00 p.m., Thursday through Sunday 5 DISCUSSION Consistency with General Plan/Coastal Land Use Plan/Zoning The site is designated MU-W2 (Mixed-Use Water Related) by the General Plan Land Use Element and the zoning of the site is MU-W2. The site is designated MU-W (Mixed Use Water Related by the Local Coastal Program. The regulations allow waterfront properties for marine-related uses intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Eating and drinking establishments are considered general or visitor-serving and are allowed. The Zoning Code requires a minor or conditional use permit depending upon the operational characteristics to ensure the use is compatible. Land Use Policy LU6.8.2 (Component Districts) of the General Plan notes “McFadden Square should be emphasized as [one of the] primary activity centers of the northern portion of the Peninsula.” Land Use Policy LU6.8.4 (Shared Parking Facilities) of the General Plan encourages the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests and business patrons. The proposed shared parking arrangement will provide adequate parking for the residents, guests and the commercial uses based upon the shared parking analysis described below. Land Use Policy LU6.12.1 (Priority Uses) of the General Plan and Land Use Policy 2.1.5-7 of the Coastal Land Use Plan state that one of the goals for the McFadden Square area is to “accommodate visitor and local-serving uses that take advantage of McFadden Square’s waterfront setting including specialty retail, restaurants, and small scale overnight accommodations.” The proposed project provides two visitor- and local- serving restaurant uses consistent with this policy. Alcoholic Beverage Sales The Newport Beach Police Department has reviewed the application and supports approval (Attachment No. PC 6) subject to conditions. The proposed project is located in Police Reporting District (RD15), which has the highest concentration of retail alcohol establishments in the City. The crime rate in RD15 is also 369 percent above the Citywide average based on 2015 statistics. The restaurant operational characteristics and conditions of approval, including the implementation of a security plan, should minimize alcohol-related issues and avoid most nuisance issues. NBMC Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code requires the Planning Commission to evaluate the potential impacts upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. The subject property is a mixed-use development where residential uses 6 are located directly adjacent and/or above the retail component and adjacent uses to the subject property are general commercial, retail and eating establishments. The draft resolution includes conditions of approval to minimize negative impacts that the proposed eating and drinking establishments may have to residential uses located on the subject site and nearby and ensure that the operation of proposed restaurants be compatible with the surrounding community. In order to approve a use permit for alcohol sales, the Planning Commission must find that the use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). In doing so, the following must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c) 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. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within RD15, which includes most of the commercial establishments for the Balboa Peninsula between the Newport Boulevard onramp and 20th Street. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 7. A memorandum, which includes alcohol-related statistics from 2015, is provided in Attachment No. PC 6. The Police Department supports the proposed application subject to conditions of approval. A discussion of the factors is provided below: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 15 175 589 6,267.91 RD No. 12 56 92 3,899.72 RD No. 13 67 169 4,063.07 RD No. 16 102 156 4,311.07 7 Newport Beach 2,339 3,841 2,739.65 The Part One Crimes Rate in RD15 is higher than the Part One Crimes Rate for the City and all adjacent districts. The crime rate in this reporting district is 369 percent above the City wide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, visitor-serving uses, and the high ratio of nonresidential to residential uses in RD15. While the proposed project is located in an area that has a high concentration of alcohol licenses, staff feels it is appropriate to allow the proposed eating and drinking establishments. The Police Department took great care in analyzing the proposed application given the site location. However, the Police Department determined the concerns can be mitigated by conditions of approval. b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Reporting District Alcohol-Related Arrests Total Arrests Calls for Service RD No. 15 404 625 9,734 RD No. 12 26 79 2,941 RD No. 13 148 192 4,375 RD No. 16 275 159 4,250 Newport Beach 1,185 3,523 102,056 RD15 has a higher number of Alcohol-Related Arrests, Total Arrests, and Calls for Service recorded in 2015, compared to all adjacent reporting districts. From January 1, 2015, through December 31, 2015, the Police Department reported 19 calls for service to the subject property. There were also an additional 7 calls from January 1, 2016, to present. All 26 calls were parking or medical related at the construction site, unrelated to alcohol problems. c) 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. The project site is located in a mixed-use zoning district, which allows for residential uses when intermixed with nonresidential uses while being improved with a mixed-use development. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 520 feet to the southwest of the subject property. The 19th Street/Bay Avenue beach and Marina Park are approximately 530 feet to the southeast of the subject property. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the south of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary School, is located 0.7 miles to the south of the subject property along West Balboa Boulevard. The nearest daycare center, Children’s Center by the Sea, is approximately 0.6 miles to the south along West Balboa Boulevard. The proposed restaurants will be adjacent to future commercial, 8 retail and office uses on the ground level of development and existing similar uses on adjacent properties. The draft resolutions include conditions of approval to help minimize negative impacts that the project may have to surrounding land uses and ensure that the proposed restaurants are compatible with the surrounding community. d) The proximity of the other establishments selling alcoholic beverages for either off-site or on-site consumption. The proposed restaurants are in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including Woody’s Wharf, The Crab Cooker, Stag Bar, and among others. The RD 15 statistics indicate an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No. 15 73 1 per 38 residents RD No. 12 28 1 per 51 residents RD No. 13 6 1 per 275 residents RD No. 16 6 1 per 394 residents Newport Beach 438 1 per 194 residents The per capita ratio of one license for every 38 residents is higher than all adjacent districts and the average Citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of residential properties in the RD 15 area. While the proposed eating establishments are located in close proximity to other establishments selling alcoholic beverages, staff believes the physical and operational characteristics of the proposed establishments, located in a mixed-use development, would make the alcoholic beverage sales in conjunction with restaurant operations appropriate at this location. e) Whether or not the proposed amendment will resolve any current objectionable conditions. There are no current objectionable conditions related to alcohol sales. The proposed eating establishments and serving of alcohol beverages with food will provide convenience to the customers. The Police Department also has no objections to the proposed types of restaurant. Refer to Attachment No. PC 6 for a copy of the Police Department Recommendation. The draft resolution, prepared for each restaurant, includes conditions of approval to limit objectionable conditions due to noise and trash at the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Responsible Beverage Service (RBS) training. 9 Required Parking and Shared Parking Analysis The 2006 approval of the mixed-use development provided parking for 36,000 square feet of commercial use (office and retail), 27 residential units, and 19 commercial marina slips. Uses which have a higher parking demand, such as eating and drinking establishments, medical uses, personal services (i.e. nail salons), etc., were not provided for. The applicant was aware that commercial occupancies would be restricted to those uses that require no more than one parking space per 250 gross square feet. An increase in demand would require additional parking off-site or the approval of a parking management program that supports a parking reduction. The subject application seeks a parking reduction based on the shared use of on-site parking and operation of an active parking management plan. The proposed casual-dining restaurant of 2,142 square feet would yield a parking demand of 27 spaces using a parking ratio of one space per 40 square feet of net public area (NPA). The proposed fine-dining restaurant of 5,204 square feet would yield a parking demand of 52 spaces using a one space per 50 square feet of NPA. These requirements rely upon an assumption that 50 percent of the gross area is NPA and the other 50 percent is “back of house” area. Together, a total of 79 spaces is required. Proposed floor plans are not available at this time. The applicant states they need approval of the use permits to entice the prospective operators to prepare the necessary plans. The applicant is proposing to allocate the off-street parking spaces as follows: 54 enclosed spaces in the garages at podium level to be used by residents, 14 covered- tandem office and retail employee spaces and 10 office spaces located at the podium level for office employee parking. There would be 14 assigned guest parking in the subterranean garage level and 142 spaces in the subterranean garage level to be shared by retail, office and restaurant uses. The marina slips will be leased to the residents and will not be available for use or leased to the general public. Given that the Zoning and Harbor Codes do not require additional parking for resident slips, parking for the slips is no longer required. The resident parking, including their assigned guest parking, will support resident use of the slips. Based on the parking requirements of the Zoning Code, a total of 250 parking spaces are required for the entire mixed-use development including all uses. The mixed-use development will provide a total of 234 off-street parking spaces (78 at the podium and 156 in the garage), which results in a parking shortage of 16 spaces based upon the required parking ratios for the proposed mix of uses. Table 3 provides a summary of the uses, parking requirements, and proposed parking. 10 Table 3 – Parking Analysis Parking Analysis Use Ratio Area/Unit Required Proposed Residential Units Guest Subtotal 2 per unit 0.5 per unit 27 units 27 units 54 14 68 54 142 68 Commercial Retail Office Restaurants Fine Dining Casual Dining Subtotal 1 per 250 sf. 1 per 250 sf. 1 per 50 sf. net public area 1 per 40 sf. net public area 11,700 13,901 2,6021 1,0711 47 56 52 27 182 243 employee spaces 1424 spaces to be shared Grand Total 250 234 Net Difference 16 (250-234) 1 Net public area is approximately 50% of gross floor area of restaurant 2 Assigned and located in subterranean garage level, not part of shared parking pool 3 Located at podium level for retail (14 spaces) and office (10 spaces) employees, not a part of shared parking pool 4 Located in subterranean garage level and to be shared by retail, office and restaurant patrons and employees NBMC Section 20.40.110.B (Reduction of Required Off-Street Parking) of the Municipal Code allows required off-street parking to be reduced with the approval of a conditional use permit. A parking demand study and a parking management plan were prepared by JR Parking Consultants, and are attached as Attachments PC 8 and 9, respectively. The parking demand analysis identifies demand throughout the day during the week and weekends for the office, retail and restaurant land uses taking into account the proposed change in use. The shared parking analysis indicates that the weekday peak parking demand should be 127 spaces from 12:00 pm to 1:00 pm. The typical weekend peak parking demand should be 106 spaces during the same hour. The 142 spaces located within the garage level operated pursuant to the parking management plan should be adequate. The shared parking analysis is reliant upon the various uses located in a mixed-use development and larger commercial district, creating a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics help reduce anticipated parking. The City Traffic Engineer has reviewed and approved the parking demand analysis. 11 Parking Management Plan The proposed parking management plan has been prepared in compliance with NBMC Section 20.40.110.C, to support the reduction of required parking. The management plan is designed to maximize the use of all parking spaces and gated access is proposed to better ensure the spaces are available to on-site uses. The podium level will provide parking for assigned and designated users to minimize the number of vehicles traveling through this level as it is in proximity to residents. The residents will have access to the podium to park in private garage spaces. A limited number of retail and office employees will also be authorized to park on this level in the 10 open and 14 covered tandem parking spaces. Deliveries will also be allowed on this level in the 2 designated loading spaces. The only difference from the 2006 project approval is shifting the 14 resident guest spaces to the parking garage below. The subterranean parking garage level will designate parking for resident’s guests with the remainder for commercial uses (employees and patrons). A valet parking service within the garage level is also proposed for patrons and guests, when needed. LAZ Parking has been selected to operate and manage the on-site parking. With valet service, 11 additional spaces can be accommodated by stacking vehicles in drive aisles. This additional supply was not factored in the parking demand analysis and will provide extra spaces for unpredicted parking demands. The City Traffic Engineer has reviewed and approved the parking management plan, parking control devices, change in on-site circulation, redirecting a portion of inbound traffic to The Arcade Street subject to the recommended conditions of approval to promote more efficient operations and reduce potential vehicle conflicts at the access points. The proposed restaurants would be restricted to their individual gross area with no more than 50 percent being devoted to net public area. Outdoor dining would be limited to 25 percent of the interior net public area limit parking demand. The marina slips would be restricted for resident use and the resident amenity space would be restricted to residential use only. All commercial and restaurant employees will be required to park on site. The applicant intends to charge for parking. If the rates are too high, it would provide an incentive for employees and patrons to park off-site. A condition of approval (Condition 19) has been included prohibiting any parking management strategies, including pricing, that unduly drives parking demand outside the project site. Staff also recommends a condition (Condition 20) requiring monitoring and regular reporting of parking utilization to the City. In conclusion, with the implementation of the recommended conditions of approval, staff believes the parking management plan will efficiently provide adequate parking for on- site uses while minimizing impacts to the neighborhood and nearby public parking. 12 Traffic A trip generation analysis was prepared by Stantec Consulting Services, Inc. to evaluate the vehicular trip increase from the proposed conversion of 7,346 square feet of office/retail to restaurant use (Attachment PC 10). The analysis also took into consideration the conversion of 2,388 square feet of commercial space to a non-trip generating residential amenity space proposed by the applicant. The analysis forecasts a net increase of 295 trips per day above the existing approved development thereby not requiring a traffic study pursuant to the Traffic Phasing Ordinance (TPO). The City Traffic Engineer has reviewed the analysis and concurs with the conclusion. Conditional Use Permit Findings In accordance with NBMC Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. The provisions of NBMC Section 20.48.030 are discussed above and staff believes the restaurant uses can be found consistent with the purpose and intent of the section. Each resolution for both proposed restaurants includes conditions of approval to help prevent alcohol-related problems and minimize the potential effects of noise on neighboring residents to preserve the health and safety of residents and other businesses in the neighborhood. Pursuant to NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Municipal Code, the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise 13 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed restaurant uses are consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and allowed in the MU-W2 provided all the required findings for the approval of the requested application can be made. Consistency with the General Plan, Local Coastal Program, and Zoning Code are discussed and supported previously in this report. Restaurant uses with alcohol service for on-site consumption are expected to be found in the McFadden Square area and the use will complement and support other uses on- site and in the vicinity of the project site. Despite not providing the total parking required by the Zoning Code, the site is physically suitable because it provides sufficient parking exceeding the anticipated parking demand with the implementation of the parking management plan. Emergency access to the property is provided from Newport Boulevard and The Arcade Street as part of the overall development. The change in the direction of on-site circulation and the proposed vehicle gates do not diminish emergency access. The vehicle gate system is equipped with emergency override for fire and police access and will provide sufficient width for emergency vehicles. Life Safety Services has reviewed and approved the proposed changes to site access and circulation. Staff, including the Police Department, supports the two restaurants due to their operational characteristics taking into account the early closing times, standard conditions and the implementation of a security plan that will include on-site security patrols. The security plan will be prepared and implemented in consultation with the Police Department. The draft resolution for each proposed restaurant also includes conditions regarding noise, trash, and deliveries to further reduce nuisances. No late hours, live entertainment or dancing would be permitted reducing the probability for the establishments to evolve into a bar and/or nightclub that would increase the potential for alcohol-related issues or other nuisance behavior. The outdoor dining area for each restaurant is also conditioned to control noise. Due to the design, location, and proximity of the outdoor patio of the fine-dining restaurant to the residential units located above in the adjacent building, staff recommends the installation of a solid partition in the west wall of the outdoor patio. Lastly, no outdoor sound system, loudspeakers, or paging system would be allowed with either restaurant. The proposed parking waiver is for the 16-space parking shortage. A parking management plan has been prepared to mitigate impacts associated with the reduction of required parking spaces. This plan has been reviewed and approved by the City’s Traffic Engineer. The adjustment in the parking requirements is justified as the parking management plan indicated that there would be a surplus of on-site parking to accommodate the entire development including the proposed restaurants, even during the peak hours. Furthermore, a valet parking plan will be implemented when peak parking is experienced to promote parking availability and convenience. 14 The Traffic Engineer and Life Safety Services staff have reviewed the parking management plan and determined the proposed changes to the on-site circulation and access to the development will function safely and will not prevent emergency vehicle access. Summary and Alternatives Staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft resolution for each restaurant (Attachment Nos. PC 1 and PC 2). The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with revised resolution(s) incorporating new findings and/or conditions or necessary changes to the Parking Management Plan. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval for any or all of the proposed restaurants, the Planning Commission should deny either or both restaurant requests and provide facts in support of denial to be included in the attached draft resolutions for denial (Attachment Nos. PC 3 and PC 4). Environmental Review Staff recommends that the Planning Commission find the project is exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. This section exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The proposed project is limited to interior improvements to convert office/retail spaces to restaurant uses and other uses and small outdoor patios and involves no expansion in gross floor area. Further, the net increase in traffic attributable to the change in uses is below 300 trips, and therefore, a traffic study pursuant to the Traffic Phasing Ordinance (TPO) is not required. 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. 15 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: __________________________________ Brenda Wisneski, AICP Deputy Community Development Director ATTACHMENTS PC 1 Draft Approval Resolution for UP2016-041 (Casual Dining Restaurant) PC 2 Draft Approval Resolution for UP2016-048 (Fine Dining Restaurant) PC 3 Draft Denial Resolution for UP2016-041 PC 4 Draft Denial Resolution for UP2016-048 PC 5 Project Description PC 6 Police Department Memorandum PC 7 Report District Map PC 8 Parking Demand Analysis PC 9 Parking Management Plan PC 10 Trip Generation Analysis PC 11 Project Plans :\USERS\PLN\Shared\PA's\PAs - 2016\PA2016-157\Staff_Report.docx05/26/16 16 Attachment No. PC 1 Draft Approval Resolution for UP2016-041 (Casual Dining Restaurant) 17 INTENTIONALLY BLANK P A G E 18 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING USE PERMIT NO. UP2016-041 FOR A 2,142 SQUARE-FOOT, FOOD SERVICE WITH A TYPE 41 (ON-SALE BEER AND WINE FOR BONA FIDE PUBLIC EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE, AN OUTDOOR DINING PATIO AND A PARKING REDUCTION LOCATED AT 2300 NEWPORT BOULEVARD, (PA- 2016-157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NPB Marina LLC. (Applicant), with respect to property located at 2300 Newport Boulevard, and legally described as Lot 1 of Tract Map 16594 requesting approval of Use Permits for the operation of two eating and drinking establishments and a parking waiver with a parking management plan, pursuant to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning). 2. The first Use Permit (UP2016-048) covers the 5,204 square-foot, fine dining restaurant with an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General – Bona Fide Eating Place). The second Use Permit (UP2016-041) covers the proposed 2,142 square-foot casual dining restaurant with an ABC License Type 41 (On-Sale Beer and Wine – Bona Fide Eating Place). The proposed restaurants are within the VUE Newport mixed-use development currently under construction in the McFadden Square area adjacent to the Crab Cooker. 3. The Applicant is also seeking a parking reduction pursuant to NBMC Section 20.40.110 because the subject property does not provide the sum total parking required for all uses at the site in accordance with NBMC Sections 20.40.040 and 20.40.060. A Shared Parking Demand Analysis for a portion of the provided parking and a Parking Management Plan for all of the on-site parking was submitted to show that the site provides sufficient parking for all uses. 4. The proposed 2,142 square-foot casual dining restaurant consists of up to 1,071 square feet of interior net public dining area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. The hours of operation for the restaurant will be within the hours of 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. 5. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 19 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 7. A public hearing was held on February 9, 2017, in the Civic Center Community Room located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. CEQA Guidelines Section 15301 considers and exempts 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. 3. The proposed project involves interior improvements to convert an approved office/retail tenant space to an eating and drinking establishment and involves no expansion in floor area. 4. Parking for the proposed use is accommodated by on-site the parking resources based upon a shared parking demand analysis subject to a parking management plan. 5. Increased traffic from the site due to the change in use is anticipated to be less than 300 daily trips below and a traffic study is not required pursuant to NBMC Chapter 15.40 (Traffic Phasing Ordinance). SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the Planning Commission finds: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The purpose of NBMC Section 20.48.030 is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments recognizing that hospitality, entertainment, recreation and related businesses are a significant part of the City’s 20 economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. 2. The intent of NBMC Section 20.48.030 is to prevent alcohol-related problems (e.g., driving under the influence, alcohol abuse, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, defacement and damaging of public and private property, etc.). This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. Based upon the project description, findings and conditions of approval, the project meets the purpose and intent of NBMC Section 20.48.030. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol- related nuisances and impacts to law enforcement resources. 3. In making the required finding, the Planning Commission considered the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Part One Crimes Rate in Reporting District 15 (RD15) is higher than the Part One Crimes Rate for the City and all adjacent districts. The crime rate in this reporting district is 369 percent above the Citywide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, visitor- serving uses, and the high ratio of nonresidential to residential uses in RD 15. 2. Restaurant uses with alcohol service for on-site consumption are expected to be found in the McFadden Square area and the use will complement and support other uses on-site and in the vicinity of the project site. 3. The proposed restaurant is not permitted to operate as a bar, tavern, cocktail lounge, or nightclub. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD15 has a higher number of Alcohol-Related Arrests, Total Arrests, and Calls for Service recorded in 2015, compared to all adjacent reporting districts. From January 1, 2015, through December 31, 2015, the Police Department reported 19 calls for service to the subject property. There were also an additional 7 calls from January 1, 2016, to present. All 26 calls were parking or medical related at the construction site, unrelated to alcohol problems. 21 c. 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. The project site is located in a mixed-use zoning district, which allows for residential uses when intermixed with nonresidential uses and being improved with a mixed-use development. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 520 feet to the southwest of the subject property. The 19th Street/Bay Avenue beach and Marina Park are approximately 530 feet to the southeast of the subject property. The nearest church, Our Lady of Mount Carmel, is located approximately 0.5 miles to the south of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary, is located 0.7 miles to the south of the subject property along West Balboa Boulevard. The nearest daycare center, Children’s Center by the Sea, is approximately 0.6 miles to the south along West Balboa Boulevard. The proposed restaurant will be adjacent to future commercial, retail and office uses on the ground level of development and existing similar uses on adjacent properties. 2. The limited hours of operation (no late hours as defined by the Zoning Code) and conditions of approval are in place to help minimize negative impacts that the project may have to surrounding land uses and ensure that the proposed restaurant is compatible with the surrounding community. d. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. The proposed restaurant is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including Woody’s Wharf, The Crab Cooker, Stag Bar, among others. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 38 residents is higher than all adjacent districts and the average Citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of residential properties in the RD15 area. While the proposed eating establishment is located in close proximity to other establishments selling alcoholic beverages, the physical and operational characteristics of the proposed establishment would make the alcoholic beverage sales in conjunction with its operation appropriate at this location. e. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. There are no current objectionable conditions related to alcohol sales. The proposed eating establishment and serving of alcohol beverages with food will provide convenience to the customers. The Police Department also has no objections to the proposed restaurant. Conditions of approval are in place to limit 22 objectionable conditions due to noise and trash at the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Responsible Beverage Service (RBS) training. In accordance with NBMC Section 20.52.020(F) (Use Permit, Required Findings) of the Newport Beach Municipal Code, 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 land use designation for this site is MU-W2. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The proposed eating and drinking establishment, which will be a part of the mixed-use development which allows residential, office, and retail uses is consistent with this land use designation. 2. The proposed application does not result in an increase in the gross floor area developed at the site, and therefore, the project and site would not exceed the maximum allowable commercial floor area of 0.5 floor area ratio of the General Plan. 3. The proposed restaurant is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The new eating and drinking establishment with an outdoor dining area will diversify the use and provide an additional visitor- and local-serving convenience. 4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will provide synergy to the newly constructed mixed-use development and revitalize the surrounding neighborhood. 5. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 23 Facts in Support of Finding: 1. The site is located in the MU-W2 Zoning District. The MU-W2 applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed restaurant will be located on the ground floor of a mixed-use development which consists of residential units located on the top floors of office and retail uses. 2. Eating and drinking establishments are conditionally permitted uses subject to obtaining a Minor or Conditional Use Permit (CUP) within this district due to their proximity to residential uses. 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 operation of the eating and drinking establishment will be restricted to the hours between 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. The closing hours are compatible with other eating and drinking establishments in the area. 2. The proposed 2,142 square-foot restaurant consists of up to 1,071 square feet of interior net public area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. Live entertainment and dancing are not proposed. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the proposed restaurant is located within the mixed-use development where residential units are located on the subject property, the building is located in the front of development and oriented toward the Newport Boulevard. The outdoor dining area will be physically separated from public- access area. A security plan will be developed with input from the Newport Beach Police Department. Implementation of the security plan will reduce potential noise and loitering issues. The applicant is also required to control trash and litter around their leased area. 4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the on-site residents and surrounding community. 5. The applicant is required to obtain Health Department approval prior to opening the restaurant, and is further required to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 24 6. The subject property is located in a mixed-use development and a relatively dense area with multiple uses within a short distance of each other. The proposed Parking Management Plan has been prepared in order to ensure that on-site parking resources are available to address parking demand predicted by a shared parking demand analysis. The Parking Management Plan is designed to maximize the use of all parking spaces located at the subject property under a controlled arrangement with gated accesses. 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 proposed restaurant will be restricted to its gross square footage, maximum allowable net public area and outdoor dining criteria as tentatively identified. The size, location, and operating characteristics of the restaurant are conditioned so that it will be compatible with the mixed-use environment on-site and surrounding neighborhood. 2. The site provides adequate parking for the proposed restaurant taking into account a second restaurant and other changes in use based upon the shared parking demand analysis prepared by JR Parking Consultants (2017) that has been reviewed and approved by the City Traffic Engineer. 3. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property with the circulation changes and gates vehicular access changes as proposed by the applicant. The Traffic Engineer and Fire Safety Services staff have reviewed and determined the proposed changes to the on-site circulation and access to the mixed-use development to accommodate the proposed restaurant will function safely and will not prevent emergency vehicle access. 4. The tenant improvements and any potential upgrades to utilities to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 25 Facts in Support of Finding: 1. The proposed restaurant has been reviewed and includes conditions of approval to ensure that potential conflicts with the on-site mixed-use environmental and surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The proposed restaurant will provide casual-dining experiences and service of alcoholic beverages as a public convenience to the on-site residents and surrounding neighborhood and visitors to the area. This will provide synergy to the mixed-use development and provide an economic opportunity for the property owner to maintain a desired retail and service mix on-site, which best serve the quality of life for the residents and surrounding visitor- and local-serving community. 3. The adjustment in the parking requirements is justified as the parking management plan indicated that there would be a surplus of on-site parking to accommodate the entire development including the proposed restaurants. Furthermore, a valet parking plan is also in place to ensure adequate parking is available at all times of the day. 4. The proposed restaurant is located in a mixed-use development and commercial district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics are justified in considering the reduced number of parking spaces required for the proposed restaurant. In accordance with NBMC Section 20.40.110(B)(1) (Reduction in Off-Street Parking), the following conditions are set forth for a parking reduction for the proposed restaurant: 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. A parking demand analysis dated January 2017, has been prepared by JR Parking Consultants for the VUE Newport mixed-use development inclusive of the proposed restaurant, a second restaurant and other changes in use. The parking demand analysis identifies demand throughout the day during the weekdays and weekends for the office, retail and restaurant uses taking into account the proposed change in use and restaurants. 26 2. The proposed shared parking arrangement to address the required parking demand, indicates that there would be sufficient parking to accommodate the weekday and weekend peaks. 3. The shared parking analysis is reliant upon the various uses located in a mixed-use development and larger commercial district, creating a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics help reduce anticipated parking. The City Traffic Engineer has reviewed and approved the parking demand analysis. Finding: H. A parking management plan (PMP) shall be prepared in compliance with NBMC Subsection 20.40.110(C) (Parking Management Plan). Facts in Support of Finding: 1. A Parking Management Plan dated January 2017, has been prepared by JR Parking Consultants for the VUE Newport mixed-use development. The plan provides for effective management of patrons and employee parking for the retail, office and restaurant uses, under a shared parking arrangement. Conditions of approval require implementation of the plan including modifications of the plan should issues arise. The plan is also attached to the resolution and incorporated by reference. 2. The Parking Management Plan has been reviewed and approved by the City Traffic Engineer and will be subject to the conditions of approval of this CUP. Parking and access to the site will be subject to monitoring and adjustment to resolve unforeseen parking or access issues. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-041 for new 2,142 square-foot casual-dining restaurant with an ABC License Type 41, an outdoor dining area and a parking reduction, subject to the conditions set forth in Exhibit A, and the Parking Management Plan as set forth in Exhibit B, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 27 PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Kory Kramer, Chairman BY:_________________________ Peter Zak, Secretary 28 EXHIBIT “A” CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-041 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. 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 maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. 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. 8. 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. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be 29 reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 11. The hours of operation for the restaurant including outdoor dining patio shall be limited between 6:00 a.m. and 10:00 p.m., Monday through Wednesday, and between 6:00 a.m. and 11:00 p.m. Thursday through Sunday. New seating at tables shall cease one hour prior to restaurant closing times. 12. The “net public area” of the restaurant shall not exceed 1,071 square feet for the interior of the subject restaurant or 50 percent of gross floor area, whichever is less. 13. The accessory outdoor dining shall be used only in conjunction with its restaurant use if it is provided and shall be limited to 268 square feet in area or up to a maximum of 25 percent of the interior net public area of restaurant. 14. The height of the boundary wall of the accessory outdoor dining area shall be shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 15. The restaurant and patio seats shall be configured in a dining room setting. Dining tables and chairs are not permitted to be moved or removed to create standing areas for food and beverage service to patrons. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for patron standing or dancing shall be prohibited. 16. Boat slips shall be used/leased only to the on-site residents. No boat slips shall be leased to the public and no live aboard shall be permitted. 17. A total of 2,388 square feet of office and/or retail space shall be converted to residential amenity/recreational space and to be available for use by the residents at all time. 18. On-site parking shall not be managed or priced in a way to unduly reduce on-site parking utilization or create a clear incentive for residents, employees, guests or patrons to use public spaces in the neighborhood. 19. The applicant shall submit a monthly utilization report for the entire mixed-use development showing parking over time and different days. The report shall be submitted monthly for a period of one year, beginning from the date of opening/operation of both restaurants. Periodic reports thereafter may be required by the Community Development Director or Planning Commission. 30 20. No temporary “sandwich” signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 21. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 22. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 23. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 24. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the 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. 25. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 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 26. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with this restaurant establishment. 31 27. All trash shall be stored within the enclosed dumpsters and/or building(s) of mixed-use development, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 28. 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. 29. 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. 30. 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). 31. 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 or through an require an amendment to this Use Permit. 32. Storage outside of the building shall be prohibited, with the exception of the required trash containers on pick-up days. 33. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of VUE Newport Restaurants including, but not limited to, Use Permit No. UP2016-041. 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 32 shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 35. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 36. The approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 37. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 38. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 39. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 40. There shall be no reduced price alcoholic beverage promotions. 41. Food service from the regular menu shall be made available to patrons until closing. 42. There shall be no live entertainment or dancing allowed on the premises. 43. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which 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. 44. 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. Graffiti shall be removed within 48 hours of written notice from the City. 33 45. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 46. Strict adherence to maximum occupancy limit is required. 47. “VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other forms of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 48. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 49. The approval is for a food service, eating and drinking establishment with no late hours, outdoor dining, and on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type “41” (On-Sale Beer and Wine) Alcoholic Beverage Control License in conjunction with the restaurant as principal use of the facility. 50. There shall be no seated bar area for alcohol service. 51. A comprehensive security plan for the entire mixed-use development including for the proposed restaurant shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and followed for the life of the Conditional Use Permit. 52. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. Fire Department Conditions 53. Vehicle access gates or barriers installed across streets or driveways are required to be installed in accordance with Life Safety Service Guideline C.01. Plans shall be required to be submitted to the Fire Department for approval prior to installation. Plans shall include all relevant dimensions, the location, type of gate/barrier, and type of locking device, approved opening devices, and gate swing directions. 54. The minimum clear width of any gate or opening required as a point of access shall not be less than 14 feet unobstructed. The minimum width may be increased depending on the length of the approach to ensure adequate width for emergency vehicles. 34 Building Division Conditions 55. A minimum of one covered handicap parking space shall be provided at the podium parking level to the satisfaction of the City’s Building Division. 56. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 57. Approval from the Orange County Health Department shall be required prior to the issuance of a building permit. Public Works Conditions 58. The project proposes to modify the podium (ground) level access to provide an inbound only ramp/driveway via The Arcade and an exit only ramp/driveway to Newport Boulevard. Due to the project’s proposed circulation modification, the recently constructed left turn lane and center median on Newport Boulevard shall be removed and Newport Boulevard shall be reconfigured at the sole cost of the project applicant. 59. The applicant shall process plan check revisions for the modified on-site circulation (including signage and pavement markings), and the required off-site improvements to eliminate the left-turn into the site from Newport Boulevard and gates. The plans shall be subject to the review and approval of the City Public Works Department. 60. Driveway entrance gates shall be set back to provide the maximum queue storage from the gate to the public right-of-way for two vehicles. Vehicles queuing from within the public right-of-way shall be prohibited. 61. Loading, unloading and deliveries for the entire development shall occur on site at all times. Loading, unloading and deliveries within the public right-of-way shall be prohibited. 62. Parking on the podium level shall be for office and retail tenant employees only, including on weekends. No restaurant employees shall park on the podium deck. Restaurant operators and their employees shall park in the subterranean parking garage. All employees of all businesses shall park on site. 63. A parking attendant shall be available at the Newport Boulevard entrance and the Arcade entrances at all times to monitor all entry and exit lanes, assist customers and ensure no queuing onto public right-of-way. 64. The final Parking Management Plan shall be reviewed and approved by the City traffic engineer. All parking management conditions of approval of this CUP shall be included within the final Parking Management Plan. The requirements of the parking management plan shall be implemented. 35 65. If issues/problems arise with the final and approved Parking Management Plan (i.e. parking queuing within the public right-of-way, etc.), the applicant shall modify the Parking Management Plan to the satisfaction of the City Traffic Engineer and Community Development Director. Implementation of the modified Parking Management Plan shall occur immediately upon approval and direction of the City. 36 Attachment No. PC 2 Draft Approval Resolution for UP2016-048 (Fine Dining Restaurant) 37 INTENTIONALLY BLANK P A G E 38 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING USE PERMIT NO. UP2016-048 FOR A 5,204 SQUARE–FOOT, FOOD SERVICE WITH A TYPE 47 (ON-SALE GENERAL FOR BONA FIDE EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE, AN OUTDOOR DINING PATIO AND A PARKING REDUCTION LOCATED AT 2300 NEWPORT BOULEVARD, (PA-2016-157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NPB Marina LLC. (Applicant), with respect to property located at 2300 Newport Boulevard, and legally described as Lot 1 of Tract Map 16594 requesting approval of Use Permits for the operation of two eating and drinking establishments and a parking waiver with a parking management plan, pursuant to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning). 2. The first Use Permit (UP2016-048) covers the 5,204 square-foot, fine dining restaurant with an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General – Bona Fide Eating Place). The second Use Permit (UP2016-041) covers the proposed 2,142 square-foot casual dining restaurant with an ABC License Type 41 (On-Sale Beer and Wine – Bona Fide Eating Place). The proposed restaurants are within the VUE Newport mixed-use development currently under construction in the McFadden Square area adjacent to the Crab Cooker. 3. The Applicant is also seeking a parking reduction pursuant to NBMC Section 20.40.110 because the subject property does not provide the sum total parking required for all uses at the site in accordance with NBMC Sections 20.40.040 and 20.40.060. A Shared Parking Demand Analysis for a portion of the provided parking and a Parking Management Plan for all of the on-site parking was submitted to show that the site provides sufficient parking for all uses. 4. The proposed 5,204 square-foot, fine-dining restaurant consists of up to 2,602 square feet of interior net public dining area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. The hours of operation for the restaurant will be within the hours of 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. 5. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 39 7. A public hearing was held on February 9, 2017, in the Civic Center Community Room located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. CEQA Guidelines Section 15301 considers and exempts 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. 3. The proposed project involves interior improvements to convert an approved office/retail tenant space to an eating and drinking establishment and involves no expansion in floor area. 4. Parking for the proposed use is accommodated by on-site the parking resources based upon a shared parking demand analysis subject to a parking management plan. 5. Increased traffic from the site due to the change in use is anticipated to be less than 300 daily trips below and a traffic study is not required pursuant to NBMC Chapter 15.40 (Traffic Phasing Ordinance). SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the Planning Commission finds: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The purpose of NBMC Section 20.48.030 is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments recognizing that hospitality, entertainment, recreation and related businesses are a significant part of the City’s economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that 40 jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. 2. The intent of NBMC Section 20.48.030 is to prevent alcohol-related problems (e.g., driving under the influence, alcohol abuse, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, defacement and damaging of public and private property, etc.). This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. Based upon the project description, findings and conditions of approval, the project meets the purpose and intent of NBMC Section 20.48.030. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol- related nuisances and impacts to law enforcement resources. 3. In making the required finding, the Planning Commission considered the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Part One Crimes Rate in Reporting District 15 (RD15) is higher than the Part One Crimes Rate for the City and all adjacent districts. The crime rate in this reporting district is 369 percent above the Citywide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, visitor- serving uses, and the high ratio of nonresidential to residential uses in RD 15. 2. Restaurant uses with alcohol service for on-site consumption are expected to be found in the McFadden Square area and the use will complement and support other uses on site and in the vicinity of the project site. 3. The proposed restaurant is not permitted to operate as a bar, tavern, cocktail lounge, or nightclub. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD15 has a higher number of Alcohol-Related Arrests, Total Arrests, and Calls for Service recorded in 2015, compared to all adjacent reporting districts. From January 1, 2015, through December 31, 2015, the Police Department reported 19 calls for service to the subject property. There were also an additional 7 calls from January 1, 2016, to present. All 26 calls were parking or medical related at the construction site, unrelated to alcohol problems. 41 c. 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. The project site is located in a mixed-use zoning district, which allows for residential uses when intermixed with nonresidential uses and being improved with a mixed-use development. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 520 feet to the southwest of the subject property. The 19th Street/Bay Avenue beach and Marina Park are approximately 530 feet to the southeast of the subject property. The nearest church, Our Lady of Mount Carmel, is located approximately 0.5 miles to the south of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary, is located 0.7 miles to the south of the subject property along West Balboa Boulevard. The nearest daycare center, Children’s Center by the Sea, is approximately 0.6 miles to the south along West Balboa Boulevard. The proposed restaurant will be adjacent to future commercial, retail and office uses on the ground level of development and existing similar uses on adjacent properties. 2. The limited hours of operation (no late hours as defined by the Zoning Code) and conditions of approval are in place to help minimize negative impacts that the project may have to surrounding land uses and ensure that the proposed restaurant is compatible with the surrounding community. d. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. The proposed restaurant is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including Woody’s Wharf, The Crab Cooker, Stag Bar, among others. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 38 residents is higher than all adjacent districts and the average Citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of residential properties in the RD15 area. While the proposed eating establishment is located in close proximity to other establishments selling alcoholic beverages, the physical and operational characteristics of the proposed establishment would make the alcoholic beverage sales in conjunction with its operation appropriate at this location. e. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. There are no current objectionable conditions related to alcohol sales. The proposed eating establishment and serving of alcoholic beverages with food will provide convenience to the customers. The Police Department also has no objections to the proposed restaurant. Conditions of approval are in place to limit 42 objectionable conditions due to noise and trash at the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Responsible Beverage Service (RBS) training. In accordance with NBMC Section 20.52.020(F) (Use Permit, Required Findings) of the Newport Beach Municipal Code, 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 land use designation for this site is MU-W2. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The proposed eating and drinking establishment, which will be a part of the mixed-use development which allows residential, office, and retail uses is consistent with this land use designation. 2. The proposed application does not result in an increase in the gross floor area developed at the site, and therefore, the project and site would not exceed the maximum allowable commercial floor area of 0.5 floor area ratio of the General Plan. 3. The proposed restaurant is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The new eating and drinking establishment with an outdoor dining area will diversify the use and provide an additional visitor- and local-serving convenience. 4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will provide synergy to the newly constructed mixed-use development and revitalize the surrounding neighborhood. 5. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 43 Facts in Support of Finding: 1. The site is located in the MU-W2 Zoning District. The MU-W2 applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed restaurant will be located on the ground floor of a mixed-use development which consists of residential units located on the top floors of office and retail uses. 2. Eating and drinking establishments are conditionally permitted uses subject to obtaining a Minor or Conditional Use Permit (CUP) within this district due to their proximity to residential uses. 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 operation of the eating and drinking establishment will be restricted to the hours between 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. The closing hours are compatible with other eating and drinking establishments in the area. 2. The proposed 5,204 square-foot restaurant consists of up to 2,602 square feet of interior net public area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. Live entertainment and dancing are not proposed. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Due to the design, location, and proximity of the outdoor patio of the fine-dining restaurant to the residential units located above in the adjacent building, the installation of a solid partition in the west wall of the outdoor patio will be required. Lastly, no outdoor sound system, loudspeakers, or paging system would be allowed. A security plan will be developed with input from the Newport Beach Police Department. Implementation of the security plan will reduce potential noise and loitering issues. The applicant is also required to control trash and litter around their leased area. 4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the on-site residents and surrounding community. 5. The applicant is required to obtain Health Department approval prior to opening the restaurant, and is further required to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 44 6. The subject property is located in a mixed-use development and a relatively dense area with multiple uses within a short distance of each other. The proposed Parking Management Plan has been prepared in order to ensure that on-site parking resources are available to address parking demand predicted by a shared parking demand analysis. The Parking Management Plan is designed to maximize the use of all parking spaces located at the subject property under a controlled arrangement with gated accesses. 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 proposed restaurant will be restricted to its gross square footage, maximum allowable net public area and outdoor dining criteria as tentatively identified. The size, location, and operating characteristics of the restaurant are conditioned so that it will be compatible with the mixed-use environment on site and surrounding neighborhood. 2. The site provides adequate parking for the proposed restaurant taking into account a second restaurant and other changes in use based upon the shared parking demand analysis prepared by JR Parking Consultants (2017) that has been reviewed and approved by the City Traffic Engineer. 3. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property with the circulation changes and gates vehicular access changes as proposed by the applicant. The Traffic Engineer and Fire Safety Services staff have reviewed and determined the proposed changes to the on-site circulation and access to the mixed-use development to accommodate the proposed restaurant will function safely and will not prevent emergency vehicle access. 4. The tenant improvements and any potential upgrades to utilities to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 45 Facts in Support of Finding: 1. The proposed restaurant has been reviewed and includes conditions of approval to ensure that potential conflicts with the on-site mixed-use environmental and surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The proposed restaurant will provide fine-dining experiences and service of alcoholic beverages as a public convenience to the on-site residents and surrounding neighborhood and visitors to the area. This will provide synergy to the mixed-use development and provide an economic opportunity for the property owner to maintain a desire retail and service mix on site, which best serve the quality of life for the residents and surrounding visitor- and local-serving community. 3. The adjustment in the parking requirements is justified as the parking management plan indicated that there would be a surplus of on-site parking to accommodate the entire development including the proposed restaurants. Furthermore, a valet parking plan is also in place to ensure adequate parking is available at all times of the day. 4. The proposed restaurant is located in a mixed-use development and commercial district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics are justified in considering the reduced number of parking spaces required for the proposed restaurant. In accordance with NBMC Section 20.40.110(B)(1) (Reduction in Off-Street Parking), the following conditions are set forth for a parking reduction for the proposed restaurant: 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. A parking demand analysis dated January 2017, has been prepared by JR Parking Consultants for the VUE Newport mixed-use development inclusive of the proposed restaurant, a second restaurant and other changes in use. The parking demand analysis identifies demand throughout the day during the weekdays and weekends for the office, retail and restaurant uses taking into account the proposed change in use and restaurants. 46 2. The proposed shared parking arrangement to address the required parking demand, indicates that there would be sufficient parking to accommodate the weekday and weekend peaks. 3. The shared parking analysis is reliant upon the various uses located in a mixed-use development and larger commercial district, creating a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics help reduce anticipated parking. The City Traffic Engineer has reviewed and approved the parking demand analysis. Finding: H. A parking management plan (PMP) shall be prepared in compliance with NBMC Subsection 20.40.110(C) (Parking Management Plan). Facts in Support of Finding: 1. A Parking Management Plan dated January 2017, has been prepared by JR Parking Consultants for the VUE Newport mixed-use development. The plan provides for effective management of patrons and employee parking for the retail, office and restaurant uses, under a shared parking arrangement. Conditions of approval requires implementation of the plan including modifications of the plan should issues arise. The plan is also attached to the resolution and incorporated by reference. 2. The Parking Management Plan has been reviewed and approved by the City Traffic Engineer and will be subject to the conditions of approval of this use permit. Parking and access to the site will be subject to monitoring and adjustment to resolve unforeseen parking or access issues. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-048, subject to the conditions set forth in Exhibit A, and the Parking Management Plan as set forth in Exhibit B, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 47 PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Kory Kramer, Chairman BY:_________________________ Peter Zak, Secretary 48 EXHIBIT “A” CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-048 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. 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 maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. 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. 8. 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. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be 49 reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 11. The hours of operation for the restaurant including outdoor dining patio shall be limited between 6:00 a.m. and 10:00 p.m., Monday through Wednesday, and between 6:00 a.m. and 11:00 p.m. Thursday through Sunday. New seating at tables shall cease one hour prior to restaurant closing times. 12. The “net public area” of the restaurant shall not exceed 2,602 square feet for the interior of the subject restaurant or 50 percent of gross floor area, whichever is less. 13. The accessory outdoor dining shall be used only in conjunction with its restaurant use if it is provided and shall be limited to 651 square feet in area or up to a maximum of 25 percent of the interior net public area of restaurant. 14. The height of the boundary wall of the accessory outdoor dining area shall be shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 15. The restaurant and patio seats shall be configured in a dining room setting. Dining tables and chairs are not permitted to be moved or removed to create standing areas for food and beverage service to patrons. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for patron standing or dancing shall be prohibited. 16. Boat slips shall be used/leased only to the on-site residents. No boat slips shall be leased to the public and no live aboard shall be permitted. 17. A total of 2,388 square feet of planned commercial space located on the second level (above podium level) shall be converted to residential amenity/recreational space and to be available for use by the residents at all time. 18. A solid barrier shall be provided along the west side of the outdoor dining area to mitigate any potential nuisance noises. 19. On-site parking shall not be managed or priced in a way to unduly reduce on-site parking utilization or create a clear incentive for residents, employees, guests or patrons to use public spaces in the neighborhood. 50 20. The applicant shall submit a monthly utilization report for the entire mixed-use development showing parking over time and different days. The report shall be submitted monthly for a period of one year, beginning from the date of opening/operation of both restaurants. Periodic reports thereafter may be required by the Community Development Director or Planning Commission. 21. No temporary “sandwich” signs shall be permitted, either on site or off site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 22. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 23. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 24. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 25. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the 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. 26. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 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 51 Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 27. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with this restaurant establishment. 28. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 29. 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. 30. 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. 31. 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). 32. 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 or through an amendment to this Use Permit. 33. Storage outside of the building shall be prohibited, with the exception of the required trash containers on pick-up days. 34. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 35. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of VUE Newport Restaurants including, but not limited to, Use Permit No. 52 UP2016-048. 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 36. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 37. The approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 39. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 40. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 41. There shall be no reduced price alcoholic beverage promotions. 42. Food service from the regular menu shall be made available to patrons until closing. 43. There shall be no live entertainment or dancing allowed on the premises. 44. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which 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. 53 45. 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. Graffiti shall be removed within 48 hours of written notice from the City. 46. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 47. Strict adherence to maximum occupancy limit is required. 48. “VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other forms of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 49. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 50. The approval is for a food service, eating and drinking establishment with no late hours, outdoor dining, and on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type “47” (On-Sale General Bona Fide Easting Place) Alcoholic Beverage Control License in conjunction with the restaurant as principal use of the facility. 51. There shall be no seated bar area for alcohol service. 52. A comprehensive security plan for the entire mixed-use development including for the proposed restaurant shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and followed for the life of the Conditional Use Permit. 53. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. Fire Department Conditions 54. Vehicle access gates or barriers installed across streets or driveways are required to be installed in accordance with Life Safety Service Guideline C.01. Plans shall be required to be submitted to the Fire Department for approval prior to installation. Plans shall include all relevant dimensions, the location, type of gate/barrier, and type of locking device, approved opening devices, and gate swing directions. 54 55. The minimum clear width of any gate or opening required as a point of access shall not be less than 14 feet unobstructed. The minimum width may be increased depending on the length of the approach to ensure adequate width for emergency vehicles. Building Division Conditions 56. A minimum of one covered handicap parking space shall be provided at the podium parking level to the satisfaction of the City’s Building Division. 57. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 58. Approval from the Orange County Health Department shall be required prior to the issuance of a building permit. Public Works Conditions 59. The project proposes to modify the podium (ground) level access to provide an inbound only ramp/driveway via The Arcade and an exit only ramp/driveway to Newport Boulevard. Due to the project’s proposed circulation modification, the recently constructed left turn lane and center median on Newport Boulevard shall be removed and Newport Boulevard shall be reconfigured at the sole cost of the project applicant. 60. The applicant shall process plan check revisions for the modified on-site circulation (including signage and pavement markings), and the required off-site improvements to eliminate the left-turn into the site from Newport Boulevard and gates. The plans shall be subject to the review and approval of the City Public Works Department. 61. Driveway entrance gates shall be set back to provide the maximum queue storage from the gate to the public right-of-way for two vehicles. Vehicles queuing from within the public right-of-way shall be prohibited. 62. Loading, unloading and deliveries for the entire development shall occur on site at all times. Loading, unloading and deliveries within the public right-of-way shall be prohibited. 63. Parking on the podium level shall be for office and retail tenant employees only, including on weekends. No restaurant employees shall park on the podium deck. Restaurant operators and their employees shall park in the subterranean parking garage. All employees of all businesses shall park on site. 64. A parking attendant shall be available at the Newport Boulevard entrance and the Arcade entrances at all times to monitor all entry and exit lanes, assist customers and ensure no queuing onto public right-of-way. 55 65. The final Parking Management Plan shall be reviewed and approved by the City traffic engineer. All parking management conditions of approval of this CUP shall be included within the final Parking Management Plan. The requirements of the parking management plan shall be implemented. 66. If issues/problems arise with the final and approved Parking Management Plan (i.e. parking queuing within the public right-of-way, etc.), the applicant shall modify the Parking Management Plan to the satisfaction of the City Traffic Engineer and Community Development Director. Implementation of the modified Parking Management Plan shall occur immediately upon approval and direction of the City. 56 Attachment No. PC 3 Draft Denial Resolution for UP2016-041 (Casual Dining Restaurant) 57 INTENTIONALLY BLANK P A G E 58 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING USE PERMIT NO. UP2016-041 FOR A 2,142 SQUARE-FOOT, FOOD SERVICE WITH A TYPE 41 (ON-SALE BEER AND WINE FOR BONA FIDE PUBLIC EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE, AN OUTDOOR DINING PATIO AND A PARKING REDUCTION LOCATED AT 2300 NEWPORT BOULEVARD, (PA- 2016-157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NPB Marina LLC. (Applicant), with respect to property located at 2300 Newport Boulevard, and legally described as Lot 1 of Tract Map 16594 requesting approval of Use Permits for the operation of two eating and drinking establishments and a parking waiver with a parking management plan, pursuant to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning). 2. The first Use Permit (UP2016-048) covers the 5,204 square-foot, fine dining restaurant with an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General – Bona Fide Eating Place). The second Use Permit (UP2016-041) covers the proposed 2,142 square-foot casual dining restaurant with an ABC License Type 41 (On-Sale Beer and Wine – Bona Fide Eating Place). The proposed restaurants are within the VUE Newport mixed-use development currently under construction in the McFadden Square area adjacent to the Crab Cooker. 3. The Applicant is also seeking a parking reduction pursuant to NBMC Section 20.40.110 because the subject property does not provide the sum total parking required for all uses at the site in accordance with NBMC Sections 20.40.040 and 20.40.060. A Shared Parking Demand Analysis for a portion of the provided parking and a Parking Management Plan for all of the on-site parking was submitted to show that the site provides sufficient parking for all uses. 4. The proposed 2,142 square-foot casual dining restaurant consists of up to 1,071 square feet of interior net public dining area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. The hours of operation for the restaurant will be within the hours of 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. 5. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 59 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 7. A public hearing was held on February 9, 2017, in the Civic Center Community Room located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In this case, the Planning Commission was unable to make the required findings set forth in Section 20.52.020(F) and Section 20.48.030 for the approval of a Minor Use Permit for an eating and drinking establishment and Section 20.40.110 for the approval of a Conditional Use Permit for a parking reduction based upon the following: 1. The use requires a parking reduction that is based upon a shared parking analysis and is reliant upon a complicated parking management plan requiring on-site attendants and active monitoring to ensure avoidance of detrimental conditions related to vehicle access and parking. This complicated arrangement as well as potential parking demand in excess of the assumptions provided in the Parking Management Plan dated January 2017, estimates could lead to parking space shortage and cars queuing within the public right-of-way, a potentially unsafe event, to gain entry to the project site. 2. The site is not large enough to accommodate and provide the sum total parking required pursuant to NBMC Chapter 20.40 for all uses at the project site. When considering the proposed restaurant, a requested second restaurant and other changes in use, the site is deficient by 16 parking spaces compared to the sum total parking requirement for all uses of the site. Insufficient parking would be detrimental to the project and community. 3. The restaurant use is in close proximity to residential uses and nuisances from deliveries, patrons, odor, potential parking conflicts, and noise could easily disturb residents within the project. The sale and on-site consumption of alcohol could easily execrate these nuisances to the detriment of future residents of the site, other future commercial patrons, and the neighborhood. 4. The site is located in Reporting District No. 15, which has the highest concentration of alcohol licenses in the City per capita. This area also has the highest crime rate and has a higher than average incidence of alcohol-related incidents and calls for service. Adding another establishment that sells alcohol for on-site consumption could lead to increased alcohol-related incidents and increased calls for law enforcement services exacerbating existing conditions. 60 SECTION 4. DECISION. Now, therefore, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2016-041. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Kory Kramer, Chairman BY:_________________________ Peter Zak, Secretary 61 INTENTIONALLY BLANK P A G E 62 Attachment No. PC 4 Draft Denial Resolution for UP2016-048 (Fine Dining Restaurant) 63 INTENTIONALLY BLANK P A G E 64 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING USE PERMIT NO. UP2016-048 FOR A 5,204 SQUARE–FOOT, FOOD SERVICE WITH A TYPE 47 (ON-SALE GENERAL FOR BONA FIDE EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE, AN OUTDOOR DINING PATIO AND A PARKING REDUCTION LOCATED AT 2300 NEWPORT BOULEVARD, (PA-2016-157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NPB Marina LLC. (Applicant), with respect to property located at 2300 Newport Boulevard, and legally described as Lot 1 of Tract Map 16594 requesting approval of Use Permits for the operation of two eating and drinking establishments and a parking waiver with a parking management plan, pursuant to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning). 2. The first Use Permit (UP2016-048) covers the 5,204 square-foot, fine dining restaurant with an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General – Bona Fide Eating Place). The second Use Permit (UP2016-041) covers the proposed 2,142 square-foot casual dining restaurant with an ABC License Type 41 (On-Sale Beer and Wine – Bona Fide Eating Place). The proposed restaurants are within the VUE Newport mixed-use development currently under construction in the McFadden Square area adjacent to the Crab Cooker. 3. The Applicant is also seeking a parking reduction pursuant to NBMC Section 20.40.110 because the subject property does not provide the sum total parking required for all uses at the site in accordance with NBMC Sections 20.40.040 and 20.40.060. A Shared Parking Demand Analysis for a portion of the provided parking and a Parking Management Plan for all of the on-site parking was submitted to show that the site provides sufficient parking for all uses. 4. The proposed 5,204 square-foot, fine-dining restaurant consists of up to 2,602 square feet of interior net public dining area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. The hours of operation for the restaurant will be within the hours of 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. 5. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 65 7. A public hearing was held on February 9, 2017, in the Civic Center Community Room located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In this case, the Planning Commission was unable to make the required findings set forth in Section 20.52.020(F) and Section 20.48.030 for the approval of a Minor Use Permit for an eating and drinking establishment and Section 20.40.110 for the approval of a Conditional Use Permit for a parking reduction based upon the following: 1. The use requires a parking reduction that is based upon a shared parking analysis and is reliant upon a complicated parking management plan requiring on-site attendants and active monitoring to ensure avoidance of detrimental conditions related to vehicle access and parking. This complicated arrangement as well as potential parking demand in excess of the assumptions provided in the Parking Management Plan dated January 2017, estimates could lead to parking space shortage and cars queuing within the public right-of-way, a potentially unsafe event, to gain entry to the project site. 2. The site is not large enough to accommodate and provide the sum total parking required pursuant to NBMC Chapter 20.40 for all uses at the project site. When considering the proposed restaurant, a requested second restaurant and other changes in use, the site is deficient by 16 parking spaces compared to the sum total parking requirement for all uses of the site. Insufficient parking would be detrimental to the project and community. 3. The restaurant use is in close proximity to residential uses and nuisances from deliveries, patrons, odor, potential parking conflicts, and noise could easily disturb residents within the project. The sale and on-site consumption of alcohol could easily execrate these nuisances to the detriment of future residents of the site, other future commercial patrons, and the neighborhood. 4. The site is located in Reporting District No. 15, which has the highest concentration of alcohol licenses in the City per capita. This area also has the highest crime rate and has a higher than average incidence of alcohol-related incidents and calls for service. Adding another establishment that sells alcohol for on-site consumption could lead to increased alcohol-related incidents and increased calls for law enforcement services exacerbating existing conditions. 66 SECTION 4. DECISION. Now, therefore, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2016-048. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Kory Kramer, Chairman BY:_________________________ Peter Zak, Secretary 67 INTENTIONALLY BLANK P A G E 68 Attachment No. PC 5 Project Description 69 INTENTIONALLY BLANK P A G E 70 1119360.08/OC 372416-00003/sqm VUE Newport –Conditional Use Permit Application Project Summary: NPBeach Marina LLC is the owner of the newly constructed VUE Newport Beach mixed-use project located at 2300 Newport Boulevard ("VUE") and requests a conditional use permit ("CUP") to allow: (1) the conversion of retail and office use to 7,346 square feet of restaurant use (no late hours) and 2,388 of amenity space, and (2) a type 47 alcohol license at one of the restaurants and a type 41 alcohol license at the other. The VUE was entitled in 2006 as a mixed- use development consisting of 27 for-sale residential units, approximately 36,0001 square feet of commercial floor area, and the reconstruction of bulk heads and boat slips on approximately 2.36 acres. This CUP would allow the following:  A full-service restaurant, food service (no late hours) with a Type 47 (On-Sale General – Eating Place) alcohol license, containing 5,204 square feet and located in Suite 6 on the ground level of Building C with patio seating (not to exceed 25% of the net public area).2 This restaurant is anticipated to be a fine dining establishment similar in concept to The Cannery, Bluewater Grill, and Bandera.  A general restaurant (no late hours) with a Type 41 (On-Sale Beer & Wine – Eating Place) alcohol license, containing 2,142 square feet and located in Suite 2 on the ground level of Building A with patio seating (not to exceed 25% of the net public area. This restaurant is anticipated to be a similar in concept to Pieology, MOD Pizza, Pizza Press, Burger Lounge, and HopDoddy Burger Bar.  Amenity space containing approximately 2,388 square feet for internal project uses such as storage, a fitness center, associations offices, dock management, and security offices, all for the benefit of the residential owners and/or commercial tenants. No live entertainment, dancing or acoustic music is proposed for any of the above establishments. Hours of operation will be limited to between 6:00 a.m. and 10:00 p.m. Monday through Wednesday and 11:00 p.m. Thursday through Sunday. For clarification purposes with respect to the restaurants, the seating of tables will cease one hour prior to closing, the kitchen will close one- half hour prior to closing, and it is anticipated that the restaurant will be largely empty by closing time. Additionally, alcohol sales will be restricted to no sooner than 10:00 a.m. and no later than the closing times noted above. 1 Only 35,335 square feet of the 36,000 square feet entitlement was actually built. 2 The City confirmed that any patio areas associated with the restaurant uses do not count toward the total restaurant uses square feet, and are not relevant for the traffic and parking analysis, so long as such patios are less than 25% of the net public area of such restaurant. 71 1119360.08/OC 372416-00003/sqm -2- Type of Use Approved Project Proposed Project Total Restaurant Use 0 7,346 a. General Restaurant 0 2,142 b. Fine Dining 0 5,204 Total Non-Restaurant Use 36,000 27,989 a. Retail 19,300 11,700 b. Office 14,522 13,901 c. Amenity Space (no traffic or parking impact, all internal) 0 2,388 Total 36,000 35,335 Conditional Use Permit Findings: In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings and Decisions), the Planning Commission must make the following findings for approval for a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan;. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of 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. The proposed use is consistent with purpose and intent of the MU-W2 (Mixed-Use Water) general plan land use designation and zoning district, by encouraging pedestrian character, promoting visitor amenities, and supporting water-oriented commercial uses. Additionally, restaurant use is a conditionally permitted use within the MU-W2 zoning district. The proposed restaurant uses 72 1119360.08/OC 372416-00003/sqm -3- will serve both visitors and the VUE residents and will complement the commercial, pedestrian- friendly and marine-oriented character of the immediate vicinity. The modification through the CUP would not add additional square feet to the VUE or alter the external characteristics of the VUE. As the VUE is an existing approved and constructed facility, and the CUP only proposes the limited conversion of retail and office uses to restaurant and amenity uses, the CUP will not result in any significant impacts. Any proposed outdoor seating areas will be located on the existing patio spaces approved as part of the VUE's original entitlements. Thus, there are no changes to the approved design, location, shape or size of the VUE's exterior elements, nor any changes to emergency vehicle access or public services or utilities of the VUE. The operation of the two restaurants is compatible with and will complement the allowed uses in the vicinity, which consist of commercial, restaurant and residential uses. Trash, delivery, and security have been carefully coordinated with the City to minimize impacts on the residents and neighbors. The proposed uses will not interfere with or be detrimental to the residences developed as part of the VUE nor the adjacent properties. In fact, it is anticipated that the proposed food service uses will serve and benefit the residents. Any potential noise impacts will be attenuated because of the restricted hours of operation and none of the proposed establishments will host live entertainment, dancing or acoustic music. Additionally, all outdoor seating for the proposed restaurants will be located in existing patio area, so no new outdoor areas are being developed in connection with the CUP. The addition of restaurant use to the VUE will not have a significant impacts on traffic as stated in the attached letter from the traffic engineering firm, Stantec. There is sufficient on-site parking for the entire VUE project, including the proposed restaurant uses, as demonstrated by the attached Parking Management Plan (PMP) and Parking Analysis Study from JR Parking Consultants. Thus, the proposed restaurant uses will not create any additional traffic or parking impacts for the residents or surrounding uses. In fact, it is anticipated that a portion of the visitors to the VUE will be on-site residents and walk-up and boat-up visitors, thus further reducing the traffic and parking impacts of the restaurant use. The residents and tenants in the VUE will be complementary to and compatible with the proposed restaurant establishments. Alcohol Sales Findings: In order to approve a CUP for alcohol use, the Planning Commission must also find that the use is consistent with the purpose and intent of Zoning Code Section 20.48.030. In doing so, the following must be considered: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 3. 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. 73 1119360.08/OC 372416-00003/sqm -4- 4. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The proposed establishments are part of a high-end mixed-use residential project with private security during the evening and early morning hours. The project owners have gone and will go to great lengths to ensure that restaurants and alcohol sales do not adversely impact the residents and other tenants within the project. The immediately surrounding areas are composed of a mixture of commercial, restaurant and residential uses. There are no day care centers, schools, hospitals or other similar sensitive uses in the immediate vicinity. Alcohol service at the proposed restaurants is expected to be primarily for on-site consumption to complement the food service. The project will offer a contained area for responsible alcohol consumption within a high-end, mixed-use project with private security. Offering on-sale beer and wine alcohol service will complement the food service and provide for the convenience of the residents and the community. All employees serving alcohol will be required to be at least 21 years of age and alcohol service will comply with any conditions of approval imposed by the City. CEQA Exemption: The City of Newport Beach, as lead agency, approved the final Environmental Impact Report ("EIR") for the VUE in 2006, which adequately addresses all potential environmental impacts resulting from the VUE, and filed a Notice of Determination in connection therewith on November 28, 2006. The requested CUP will not trigger any new significant environmental impacts that were not already adequately addressed in the existing EIR. Accordingly, the requested CUP will rely on the existing EIR and no additional CEQA documentation is required in connection with approval of the requested CUP. 74 Attachment No. PC 6 Police Department Memorandum 75 INTENTIONALLY BLANK P A G E 76 77 78 79 80 81 82 83 INTENTIONALLY BLANK P A G E 84 Attachment No. PC 7 Report District Map 85 INTENTIONALLY BLANK P A G E 86 Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 9/26/2016 0 2,4541,227Newport Beach GIS 87 INTENTIONALLY BLANK P A G E 88 Attachment No. PC 8 Parking Demand Analysis 89 INTENTIONALLY BLANK P A G E 90 Parking Demand Analysis - Vue Newport 2300 Newport Boulevard Newport Beach, CA January, 2017 Revised Report This Parking Demand Analysis Report provides a document for the demand of parking for the VUE Newport, located in Newport Beach, CA. It serves to provide a review of the parking requirements and parking demand for the mixed used project which includes residential, retail, office and proposed 7346 square feet of restaurant space. 91 TABLE OF CONTENTS Project Summary …………………………....………………………………………………………………………………………………..1 Overview……………………………………………………………………………………………………………………………………………1 Project Description…………………………………………………………………………………………………………………………….1 Parking Supply-Demand Analysis……………………………………………………………………………………………………….2 City Parking Code Requirements………………………………………………………………………………………………………. 2 ULI Shared Parking Analysis……………………………………………………………………………………………………………….3 Peak Demand Analysis – Weekday and Weekend Day……………………………………………………………………….4 Summary of Findings and Conclusions……………………………………………………………………………………………….5 LIST OF EXHIBITS Exhibit A – Parking Layouts and Locations ……………….……………………………………………………………...……… 6 LIST OF TABLES Table 1………………………....………………………………………………………………………………………………………………..11 Table 2 ………………………………………………………………………………………………………………………………………..…12 Table 3………………………………………………………………………………………………………………………………..………….13 Table 4………………………………………………………………………………………………………………………………………..….14 Table 5…………………………………………………………………………………………………………………………………………...15 APPENDIX Appendix A………………………....…………………………………………………………………………………………….…………..16 Table A-1 ……………………………………………………………………………………………………………………………………….17 Table A-2……………………………………………………………………………………………………………………………..…………18 Table A-3…………………………………………………………………………………………………………………………………….….19 Table A-4………………………………………………………………………………………………………………………………………..20 Table A-5……………………………………………………………………………………………………………………………………..…21 Table A-6…………………………………………………………………………………………………………………………………….....22 92 PROJECT SUMMARY OVERVIEW This report provides the shared parking analysis for the Vue Newport (“VUE”) located in Newport Beach, California for the proposed change in use for the project. NP Beach Marina LLC is the owner of the newly constructed VUE Newport Beach mixed-use project located at 2300 Newport Boulevard ("VUE") and requests a conditional use permit ("CUP") to allow: (1) the conversion of retail and office use to 7,346 square feet of restaurant use (no late hours) and 2,388 of amenity space, and (2) a type 47 alcohol license at one of the restaurants and a type 41 alcohol license at the other. The VUE was entitled in 2006 as a mixed-use development consisting of 27 for-sale residential units, approximately 36,000 square feet of commercial floor area, and the reconstruction of bulk heads and boat slips on approximately 2.36 acres. The CUP would allow up to 2,142 square feet of general restaurant use and 5,204 square feet of fine dining restaurant use. The remaining 27,989 square feet within the VUE will be developed with retail and office uses and project amenity space for internal project uses. The operating hours proposed for the above establishments will be limited to 6:00 am and 10:00 pm, Monday through Wednesday and until 11:00 pm, Thursday through Sunday. It is anticipated that most retail establishments and restaurants will begin their hours of operation no sooner than 10:00 am unless the restaurant serves breakfast (no alcohol before 10:00 am). For the purposes of this analysis, the residential units and their parking supply is not analyzed in this report. Parking spaces for the residential units are provided in individual garages consistent with the City’s Code. These spaces are controlled by the residential unit owners/occupants and are not available for shared use by other tenants. PROJECT DESCRIPTION The center includes 156 spaces in a one level underground garage. Additionally, the podium level of the project includes 27 for-sale residents all of which have their own private garages with spaces for two vehicles totaling 54 spaces. Two loading spaces are provided on this level and 10 single space office and retail spaces and 14 tandem office and retail spaces for a total of 24 spaces for office and retail tenant employees. 1. For the purposes of this analysis, the office and retail spaces on the podium level, and the residential guest parking spaces will not be analyzed in the shared parking analysis. The 14 tandem spaces and 10 single spaces for office and retail spaces on 93 the podium level will be assigned spaces for a portion of the office and retail employees and are not accessible to all retail, office and restaurant employees. For purposes of the shared parking analysis, the 8 tandem spaces will be assigned to retail employees, 6 of the tandem spaces will be assigned to the office tenant employees, and the 10 single spaces will be assigned to office tenant employees. 2. The marina slips located at the VUE will be leased to the residential unit owners and will not be available for use or lease by the public. Also, no slips will be permitted to become live aboard boats. The center map that identifies current buildings and tenant space and parking lot layouts are shown in the images in Exhibit “A”: Ground Level Parking Plan and Vue Newport Garage Level Parking Layout Plan. This parking demand analysis evaluates the proposed project, with the conversion of approximately 7346 square feet of retail and office to restaurant space and conversion of 2388 square feet of retail and office space to residential amenity spaces. This report evaluates the current approved uses and the proposed 7346 square feet of restaurant space. Table 1 located at the end of this report, following the Exhibits summarizes the existing square footages, the proposed land use, and tenant and associated floor areas. The ULI Shared Parking categories is also listed for each use. PARKING SUPPLY-DEMAND ANALYSIS The parking analysis for the VUE involves determining the expected parking needs, based on the size and type of existing and proposed development components versus the parking supply. For this the VUE, there are two appropriate methods that can be used to estimate the site’s peak parking requirements. These methods include: 1. Application of City Parking Code requirements. 2. Application of parking information with the ULI Shared Parking methodology, which uses proposed uses based on City Code and time of day profiles. CITY PARKING CODE REQUIREMENTS To determine the number of parking spaces required to support the proposed VUE and the proposed changes in use as requested by the CUP, the parking demand was first calculated using the parking code requirements per the City of Newport Beach Municipal Code – Chapter 20.40, Off-Street Parking, Table 3-10, Off-Street Parking Requirements. The ratios for determining the required parking is provided on the following page. 94  Offices – 1.0 space per 250 square feet net floor area for the first 50,000 square feet.  Retail Sales – 1.0 spaces per 250 square feet.  Restaurant – 1.0 space per 30 – 50 square feet of net public area.  Residential Guest Spaces – 14 spaces based on 27 residential units. Table 2 summarizes the parking requirements for the VUE as per the City’s Off-Street Parking Requirements. As shown, direct application of the City parking ratios to the proposed uses at the VUE results in a total code parking requirement of 182 parking spaces for the proposed office, retail and restaurant uses. With a parking supply of 156 garage level spaces, of which 142 are available for retail/office employees and their customers. Thus, a theoretical parking deficiency of 40 spaces is forecast. However, the City’s code for parking requirements overstates the amount of parking that will be needed to accommodate the mix of uses for the VUE since there are opportunities to share parking spaces based on the utilization profile of each land use component as well as the opportunity for customers to walk-in, bike-in, or boat-in to the site. ULI SHARED PARKING ANALYSIS This study uses the hourly parking demand profiles (expressed in percent of peak demand) utilized for this study and applies to the converted uses stated above and the balance of the VUE’s uses as were approved for the project in 2006 (i.e. existing/proposed land uses – Table 1). These uses are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking 2nd Edition (2005). These profiles provide a profile of parking demand over time. The profiles for retail uses, restaurant (i.e. fine/casual dining restaurant) and office uses were utilized and their characteristics are described below. In addition to the ULI Shared Parking profiles, Stantec Consulting Services, Inc., in preparing the updated traffic analysis for the VUE Newport – Trip Generation Update (dated January 9, 2017) projected a high presence for walk-in (park elsewhere, walk-in pedestrians and bicyclists) on the peninsula as well as boat-in customers to the project site. Based on their findings, they anticipated that 10% percent of the retail customer and 10% of the restaurant customer trips will consist of walk, bike or boat trips rather than auto trips. For purposes of the shared parking analysis, the 8 tandem spaces will be assigned to retail employees, 6 of the tandem spaces will be assigned to the office tenant employees, and the 10 single spaces will be assigned to office tenant employees. Thus, the employee counts for the retail and office counts have been adjusted accordingly in the shared parking analysis.  For retail uses, peak demand occurs at 1 pm on weekdays and 2 pm to 3 pm on weekends. The hourly factors shown for retail uses are taken directly from the ULI Shared Parking Manual. The City’s parking code requirement of 1 space per 250 square feet for general retail was utilized. In addition, the retail parking demand includes a 10% travel mode adjustment for bike, boat and walk-in customers from the surrounding area. An adjustment was also made for assignment of 8 employees to the podium level. 95  Based on the ULI Shared Parking Manual’s analysis, the peak demand for parking the peak demand between 7:00 pm to 9:00 pm for weekdays and 8 pm on weekends. In addition, the restaurant parking demand includes a 10% travel mode adjustment for bike, boat, and walk-in customers from the surrounding area.  For office uses, the ULI Shared Parking publication indicates that peak demand occurs at 10:00 am and again at 2:00 pm on weekdays. For the weekend, office use peaks at 11 am. The hourly factors shown for office uses are taken directly from ULI. The peak demand for the Vue’s office tenants occurs at 10 am and 2 pm for weekdays based on the assignment of 16 employees to the podium level for assigned parking spaces. Table 3, provides the total parking spaces available for use at the project. The parking space count includes 156 total available spaces located in the parking garage. Of the 156 spaces for office/retail/restaurant, 142 spaces are available for customers and unassigned office/retail/restaurant employees. Only the available 142 parking spaces in the garage will be utilized in the shared parking analysis. The 14 spaces difference is for residential guest parking needs. Additionally, the chart indicates additional spaces available for occupancy and use, which are not analyzed in the shared parking analysis. These spaces include 12 to 15 spaces which will be aisle stacked spaces for use in the valet parking area within the parking garage, should additional spaces be needed for the center. The aisle stacked spaces will only be utilized should these spaces become necessary for the parking requirements during the peak periods. It is anticipated that such demand would occur during the evening hours on Friday or Saturday evening during seasonal peaks. These additional spaces, if needed, and their management of the spaces will be discussed in the Parking Management Plan. Tables 4 and 5 present the approach for weekday and weekend parking demand which applies the City Parking Code for office and general retail uses and ULI time of day parking profiles for the proposed change in use for fine/casual dining square-footages for the weekday and weekend day time frame. Appendix A contains the weekday and weekend day ULI shared parking analysis calculation worksheets for the proposed uses in the VUE. PEAK DEMAND ANALYSIS – WEEKDAY AND WEEKEND DAY As shown in Table 4, the peak parking for the VUE during the typical weekday peak, a total of 127 parking spaces are needed in the garage level and occurs at 1:00 pm. The peak parking requirement for the VUE during weekend totals 106 parking spaces of the 142 spaces available in the garage level and occurs at 1:00 pm. The weekend analysis is shown in Table 5. Based on the shared parking analysis, in the review of Tables 4 and 5, the peak shared parking demand for the VUE is 127 parking spaces of the 142 spaces available in the garage level and occurs at 1:00 pm on a typical weekday. Thus, the parking inventory provided and shown in Table 3 will be adequate for the proposed change in uses requested with this CUP application. 96 Appendix A also contains the weekday and weekend day ULI shared parking analysis calculation worksheets for the VUE. SUMMARY OF FINDINGS AND CONCLUSIONS 1. The VUE is located at 2300 Newport Boulevard. The VUE is a mixed-use center comprised of 27 residential units and approximately 35,335 square feet of commercial space. With the conversion of approximately 7,346 square feet to restaurant space, office space will be 13,901 square feet, and retail space will be approximately 11,700 square feet. 2. The City’s parking code requirements for the VUE results in a total code parking requirement of 182 for office, retail and restaurant space. With a parking supply of 156 garage level spaces of which 142 spaces are available for retail/restaurant/office employees and their customers. With the proposed uses at the VUE the theoretical parking deficiency of 40 spaces are forecast. 3. Based on the ULI shared parking analysis, the peak parking demand for a typical weekday is 127 spaces and occurs at 1:00 pm. The peak demand for a typical weekend day is 106 spaces and occurs at 1:00 pm. 4. Based on the shared parking demand analysis an adequate supply of parking spaces will be available for the shared parking demands at the VUE. 97 EXHIBIT “A” Parking Layouts and Locations 98 99 100 101 102 TABLE 1 CURRENT PROPOSED LAND USE VUE Newport, Newport Beach, CA Type of Use Size (Square Footage) Code Required Parking Space/sq. ft. ULI Category Residential 27 Units 2 spaces/unit Residential Guests 14 spaces Restaurants 1. General Restaurant 2142 1 per 40 sq. ft. of net public area Fine/Casual Dining 2. Fine Dining 5204 1 per 50 sq. ft. of net public area Fine/Casual Dining Retail 11700 1 per 250 sq. ft. Retail/Shopping Center Office 13901 1 per 250 sq. ft. General Office Amenity Space 2388 No parking required Total Square Footage 35335 103 TABLE 2 CURRENT PROPOSED LAND USE¹ Parking Space Requirements VUE Newport, Newport Beach, CA Land Use Size City of Newport Beach Code Parking Ratio Spaces Required Offices (General office only. No medical uses) 13901 sq. ft. 1.0 space per 250 sq. ft. net floor area 56 Retail Sales 11700 sq. ft. 1.0 space per 250 sq. ft. 47 Restaurant 1. General Restaurant 2. Fine Dining 2142 sq. ft. 5204 sq. ft. 1 per 50 sq. ft. of net public area 1 per 50 sq. ft. of net public area 27 52 Total Parking Code Requirement by City Code 182 Source: City of Newport Beach Municipal Code; Chapter 20.40; Off-Street Parking; Table 3 – 10 Off-Street Parking Requirements. 104 TABLE 3 PARKING SPACE AVAILABILITY VUE Newport, Newport Beach, CA Land Use Parking Space Count Total Spaces for Office / Retail / Restaurant Parking Use Residential Spaces Commercial Spaces Private Garage Podium Level Garage Level Residential 54 54 Resident Guest Spaces 14 (14) Podium Level Open Air (non- covered) Spaces and Spaces inside Building B 10 Podium Level Covered Tandem spaces 14 Commercial Parking Spaces (Retail, Office, and Restaurant) 156 156 Total Spaces for Shared Parking Analysis for Commercial Requirements 142 Spaces below are available for parking, but are not analyzed in the shared parking model: 1. Eleven aisle-stacked parking spaces located in the valet parking area within the garage level. 11¹ ¹These spaces, while available for use, are not analyzed in the shared parking model. 105 TABLE 4 PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS VUE Newport, Newport Beach, CA Land Use Retail¹ Fine/Casual Dining² Office Total Spaces Required Comparison w/Parking Supply of 142 Spaces Size 11700 7346 13901 Gross Space 47 Spaces 79 Spaces 56 Spaces Shared Parking Demand Time of Day Number of Spaces Number of Spaces Number of Spaces Surplus (Deficiency) 6:00 AM 2 0 2 4 138 7:00 AM 3 3 12 18 124 8:00 AM 7 6 28 41 101 9:00 AM 13 9 37 59 83 10:00 AM 24 20 40 84 58 11:00 AM 31 35 38 104 38 12:00 PM 34 56 33 123 19 1:00 PM 36 56 35 127 15 2:00 PM 35 50 40 125 17 3:00 PM 32 34 38 104 38 4:00 PM 32 40 33 105 37 5:00 PM 34 57 19 110 32 6:00 PM 34 70 10 114 28 7:00 PM 34 73 5 112 30 8:00 PM 29 73 4 106 36 9:00 PM 19 73 2 94 48 10:00 PM 12 70 1 83 59 11:00 PM 5 56 0 61 81 Source: ULI- Urban Land Institute “Shared Parking,” Second Edition, 2005. ¹Retail parking demand includes a 10% adjustment for walk/boat/bike in customers. ²Restaurant parking demand includes a 10% adjustment for walk/boat/bike in customers. 106 TABLE 5 PROPOSED WEEKEND SHARED PARKING DEMAND ANALYSIS VUE Newport, Newport Beach, CA Land Use Retail¹ Fine/Casual Dining² Office Total Spaces Required Comparison w/Parking Supply of 142 Spaces Size 11700 7346 13901 Gross Space 47 Spaces 79 Spaces 56 Spaces Shared Parking Demand Time of Day Number of Spaces Number of Spaces Number of Spaces Surplus (Deficiency) 6:00 AM 2 0 0 2 140 7:00 AM 3 2 8 13 129 8:00 AM 5 3 24 32 110 9:00 AM 12 7 32 51 91 10:00 AM 19 8 37 64 78 11:00 AM 24 18 40 82 60 12:00 PM 29 39 37 105 37 1:00 PM 32 42 32 106 36 2:00 PM 36 36 24 96 46 3:00 PM 36 36 16 88 54 4:00 PM 34 36 8 78 64 5:00 PM 31 48 5 85 57 6:00 PM 29 67 3 99 43 7:00 PM 27 70 0 97 45 8:00 PM 24 73 0 97 45 9:00 PM 19 67 0 86 56 10:00 PM 13 67 0 80 62 11:00 PM 7 65 0 72 70 Source: ULI- Urban Land Institute “Shared Parking,” Second Edition, 2005. ¹Retail parking demand includes a 10% adjustment for walk/boat/bike in customers. ²Restaurant parking demand includes a 10% adjustment for walk/boat/bike in customers. 107 APPENDIX “A” ULI SHARED PARKING ANALYSIS WORKSHEETS VUE NEWPORT, NEWPORT BEACH, CA 108 Appendix Table A – 1 Retail Sales PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS¹ VUE Newport, Newport Beach, CA Land Use Retail/Shopping Center Weekday Size 11700 SF Shared Parking Demand Pkg. Rate Gross Spaces 47 Space 38 Customer¹ 1 Employee² Time of Day % of Peak # of Spaces % of Peak # of Spaces 6:00 AM 1% 1 10% 1 2 7:00 AM 5% 2 15% 1 3 8:00 AM 15% 6 40% 1 7 9:00 AM 35% 12 75% 1 13 10:00 AM 65% 23 85% 1 24 11:00 AM 85% 30 95% 1 31 12:00 PM 95% 33 100% 1 34 1:00 PM 100% 35 100% 1 36 2:00 PM 95% 34 100% 1 35 3:00 PM 90% 31 100% 1 32 4:00 PM 90% 31 100% 1 32 5:00 PM 95% 33 95% 1 34 6:00 PM 95% 33 95% 1 34 7:00 PM 95% 33 95% 1 34 8:00 PM 80% 28 90% 1 29 9:00 PM 50% 18 75% 1 19 10:00 PM 30% 11 40% 1 12 11:00 PM 10% 4 15% 1 5 Notes: Source: ULI - Urban Land Institute "Shared Parking" Second Edition, 2005. ¹Includes 10% adjustment for boat/walk/bike up customers. ²Includes an adjustment in employee counts resulting from assignment of 8 employees to the podium level 109 Appendix Table A – 2 Fine/Casual Dining PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS¹ VUE Newport, Newport Beach, CA Land Use Restaurant/Fine Dining - Weekday Size 7346 SF Shared Parking Demand Pkg. Rate Gross Spaces 79 Spaces 68 Customer¹ 11 Employee Time of Day % of Peak # of Spaces % of Peak # of Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 20% 3 3 8:00 AM 0% 0 50% 6 6 9:00 AM 0% 0 75% 9 9 10:00 AM 15% 10 90% 10 20 11:00 AM 40% 25 90% 10 35 12:00 PM 75% 46 90% 10 56 1:00 PM 75% 46 90% 10 56 2:00 PM 65% 40 90% 10 50 3:00 PM 40% 25 75% 9 34 4:00 PM 50% 31 75% 9 40 5:00 PM 75% 46 100% 11 57 6:00 PM 95% 59 100% 11 70 7:00 PM 100% 62 100% 11 73 8:00 PM 100% 62 100% 11 73 9:00 PM 100% 62 100% 11 73 10:00 PM 95% 59 100% 11 70 11:00 PM 75% 46 85% 10 56 Notes: Source: ULI - Urban Land Institute "Shared Parking" Second Edition, 2005. ¹Includes 10% adjustment for boat/walk/bike up customers. 110 Appendix Table A – 3 Office PROPOSED WEEKDAY SHARED PARKING DEMAND ANALYSIS¹ VUE Newport, Newport Beach, CA Land Use Office - Weekday Size 13901 SF Shared Parking Demand Pkg. Rate Gross Spaces 56 Space 5 Visitor 35 Employee¹ Time of Day % of Peak # of Spaces % of Peak # of Spaces 6:00 AM 0% 0 3% 2 2 7:00 AM 1% 1 30% 11 12 8:00 AM 20% 1 75% 27 28 9:00 AM 60% 3 95% 34 37 10:00 AM 100% 5 100% 35 40 11:00 AM 45% 3 100% 35 38 12:00 PM 15% 1 90% 32 33 1:00 PM 45% 3 90% 32 35 2:00 PM 100% 5 100% 35 40 3:00 PM 45% 3 100% 35 38 4:00 PM 15% 1 90% 32 33 5:00 PM 10% 1 50% 18 19 6:00 PM 5% 1 25% 9 10 7:00 PM 2% 1 10% 4 5 8:00 PM 1% 1 7% 3 4 9:00 PM 0% 0 3% 2 2 10:00 PM 0% 0 1% 1 1 11:00 PM 0% 0 0% 0 0 Notes: Source: ULI - Urban Land Institute "Shared Parking" Second Edition, 2005. ¹ Includes an adjustment in employee counts resulting from assignment of 16 employees to the podium level 111 Appendix Table A – 4 Retail Sales PROPOSED WEEKEND SHARED PARKING DEMAND ANALYSIS¹ VUE Newport, Newport Beach, CA Land Use Retail/Shopping Center Weekend Size 11700 SF Shared Parking Demand Pkg. Rate Gross Spaces 47 Space 38 Customer¹ 1 Employee² Time of Day % of Peak # of Spaces % of Peak # of Spaces 6:00 AM 1% 1 10% 1 2 7:00 AM 5% 2 15% 1 3 8:00 AM 10% 4 40% 1 5 9:00 AM 30% 11 75% 1 12 10:00 AM 50% 18 85% 1 19 11:00 AM 65% 23 95% 1 24 12:00 PM 80% 28 100% 1 29 1:00 PM 90% 31 100% 1 32 2:00 PM 100% 35 100% 1 36 3:00 PM 100% 35 100% 1 36 4:00 PM 95% 33 100% 1 34 5:00 PM 90% 31 95% 1 31 6:00 PM 80% 28 85% 1 29 7:00 PM 75% 26 80% 1 27 8:00 PM 65% 23 75% 1 24 9:00 PM 50% 18 65% 1 19 10:00 PM 35% 12 45% 1 13 11:00 PM 15% 6 15% 1 7 Notes: Source: ULI - Urban Land Institute "Shared Parking" Second Edition, 2005. ¹Includes 10% adjustment for boat/walk/bike up customers. ² Includes an adjustment in employee counts resulting from assignment of 8 employees to the podium level. 112 Appendix Table A – 5 Fine/Casual Dining PROPOSED WEEKEND SHARED PARKING DEMAND ANALYSIS¹ VUE Newport, Newport Beach, CA Land Use Restaurant/Fine Dining - Weekend Size 7346 SF Shared Parking Demand Pkg. Rate Gross Spaces 79 Spaces 68 Customer¹ 11 Employee Time of Day % of Peak # of Spaces % of Peak # of Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 20% 2 2 8:00 AM 0% 0 30% 3 3 9:00 AM 0% 0 60% 7 7 10:00 AM 0% 0 75% 8 8 11:00 AM 15% 10 75% 8 18 12:00 PM 50% 31 75% 8 39 1:00 PM 55% 34 75% 8 42 2:00 PM 45% 28 75% 8 36 3:00 PM 45% 28 75% 8 36 4:00 PM 45% 28 75% 8 36 5:00 PM 60% 37 100% 11 48 6:00 PM 90% 56 100% 11 67 7:00 PM 95% 59 100% 11 70 8:00 PM 100% 62 100% 11 73 9:00 PM 90% 56 100% 11 67 10:00 PM 90% 56 100% 11 67 11:00 PM 90% 56 85% 9 65 Notes: Source: ULI - Urban Land Institute "Shared Parking" Second Edition, 2005. ¹Includes 10% adjustment for boat/walk/bike up customers. 113 Appendix Table A - 6 Office PROPOSED WEEKEND SHARED PARKING DEMAND ANALYSIS¹ VUE Newport, Newport Beach, CA Land Use Office - Weekend Size 13901 Shared Parking Demand Pkg. Rate Gross Spaces 56 Space 5 Visitor 35 Employee¹ Time of Day % of Peak # of Spaces % of Peak # of Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 20% 1 20% 7 8 8:00 AM 60% 3 60% 21 24 9:00 AM 80% 4 80% 28 32 10:00 AM 90% 5 90% 32 37 11:00 AM 100% 5 100% 35 40 12:00 PM 90% 5 90% 32 37 1:00 PM 80% 4 80% 28 32 2:00 PM 60% 3 60% 21 24 3:00 PM 40% 2 40% 14 16 4:00 PM 20% 1 20% 7 8 5:00 PM 10% 1 10% 4 5 6:00 PM 5% 1 5% 2 3 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 Notes: Source: ULI - Urban Land Institute "Shared Parking" Second Edition, 2005. ¹Includes an adjustment in employee counts resulting from assignment of 16 employees to the podium level 114 Attachment No. PC 9 Parking Management Plan 115 INTENTIONALLY BLANK P A G E 116 Parking Management Plan - VUE Newport 2300 Newport Boulevard Newport Beach, CA January, 2017 Revised Report This Parking Management Plan provides a plan for the management of parking for the VUE Newport, located in Newport Beach, CA. It serves to provide a framework for development and management of the parking for the center for the initial start-up timeframe. 117 TABLE OF CONTENTS Project Description ............................................................................................................................ 1 Parking Operator ............................................................................................................................... 3 Podium Level – Residential Parking, Loading Space and Assigned Parking Spaces ..………...…… 3 Parking Garage – Self Parking …………………………………………………………………….…….… 5 Parking Garage – Valet Parking ……………………………………………………………….……………8 Loading Zones/Operational Components ……………………………………………………….….…… 11 Mobility – Bicycle, Pedestrian and Boat …………………………………………………………..………12 LIST OF TABLES Table 1 – Parking Space Inventory and Use ………….………………………………………………… 2 LIST OF EXHIBITS Exhibit A – Parking Layouts and Locations …………….………………………………………….…… 13 Exhibit B – Parking Equipment Placement Plan ……….…………………………………….………… 16 Exhibit C – Valet Parking Plan ……………….…………….…….………………………….…….………18 Exhibit D – Bike Storage Rack Locations …………………….………………….…………..……..…… 21 . Exhibit E – Pedestrian Access Circulation ………….….………………………….……….….…..……. 23 . 118 PROJECT DESCRIPTION Overview This report provides the parking management plan for VUE Newport (“VUE”) located in Newport Beach, California. The VUE includes a mixed-use center made up of office, retail, residential units and restaurant space. It is located at 2300 Newport Boulevard in Newport Beach. The VUE includes 156 spaces in a one level underground garage, 78 spaces (includes 54 residential spaces and 24 assigned office and retail spaces) on the podium level of t the VUE. The VUE includes 27 for-sale residential units all of which have their own enclosed private garages for parking owner’s vehicles. A map that identifies current buildings and parking lot layouts is shown on Exhibit A for the Podium Level and Garage Level Parking Plans. This parking plan is designed to maximize the use of all parking spaces located at the VUE. The parking management plan and operational components are designed to park all tenants and users on-site, whether those parkers are the residents living there as well as the employees and customers of the retail, restaurant, office tenants and all their respective guests. The VUE is located within a prime area of the peninsula of the City. As such, the location will also be a prime site for beach goers desiring a place to park and enjoy the surrounding areas. This parking management plan presents an operational plan that provides access and prioritization to the center’s employees, residents and their guests without attempting to provide public parking for beach patrons. The plan further provides a plan so that center employees are not forced to park on surrounding neighborhood streets. The podium level of center will provide parking for assigned and designated parkers to minimize the volume of vehicles traveling through this level. Residential tenants will have access to the podium for parking their vehicles in their private garage spaces. A limited number of the retail, and office tenant employees will also be authorized for parking on this level in the 10-open single parked spaces and the 14 tandem parked spaces. For the purposes of this analysis, retail and office spaces will be assigned the spaces on the podium level. Restaurant employees may be assigned to park on the level on the weekends only if parking occupancy allows for that employee assignment Additionally, two loading spaces are located on this level and will be accessible for vehicles making deliveries to the center. The garage level will provide parking spaces in an open, shared use of the spaces for the residential guests, and customers and visitors to the commercial tenants of the center. Additionally, employees of the commercial business tenants who are not assigned spaces on the podium level will be accommodated with parking in the garage level. The garage level includes 145 standard spaces, 4 tandem spaces and 7 ADA spaces. Valet parking, if demand requires that such a service be provided, it will also be provided within the garage on the south end of the parking garage level only. Valet service will be provided for 119 visitors and guests only, of the VUE. The inventory of spaces provided for valet parking will be adjusted based on demand and is expected to flex from daytime to evening use, weekday to weekend use and off-peak to peak seasonal time periods. There may be time periods when the demand for valet service is so low, that it may not be offered. Once the VUE is opened and operational, patterns will be established to know when and how much valet parking will be needed or if the demand is high enough to offer the service. Parking inventory and Location Assignment Below is a table that provides a review of the parking space inventory and use of those spaces by various users of the center. These spaces can be reviewed with the Exhibit A plans at the end of the report Table 1 – Parking Space Inventory and Use Description Podium Level Garage Level Podium Level Parkers: Residential Unit Owners 54 Garage Spaces Tandem Spaces – Commercial tenant assigned employee spaces 14 Spaces Single Space – Commercial tenant assigned employee spaces 10 total spaces (includes 9 standard spaces and 1 ADA space) Commercial Loading Spaces 2 Loading Spaces Total Spaces 78 (excludes 2 loading spaces) Garage Level Parkers: Residential Guests 156 Total spaces (includes 145 standard spaces, 7 ADA spaces, and 4 tandem spaces) Retail/Office/Restaurants customers/guests Unassigned employee parkers Total Spaces 156 Note: Residential guests, and retail/restaurant/office customers may self-park or use valet service if provided. Employees may use self-parking only. 120 PARKING OPERATOR The parking operator selected to operate and manage all parking for the center for the start-up period is LAZ Parking. They are a company that provides full services parking management and operational services for all facets of commercial parking and will provide all parking management services for the VUE. PODIUM LEVEL – RESIDENTIAL PARKING, LOADING SPACE AND ASSIGNED PARKING SPACES Entrances & Exits The podium level parking spaces can be accessed from an entrance on the south end of the VUE from The Arcade. For exiting from this level, parkers may exit the center on the north end on to Newport Boulevard with a right turn only for exiting the VUE. Parking Equipment To manage this level’s parking and to restrict access for public vehicles to travel through the center, the entrance and exits on this level will be controlled with parking access gates for safety and security reasons. Entry to this level will be limited to authorized parkers – residential tenants and office and retail employee parkers assigned to this level and for loading and unloading only. Authorized parkers (8 retail parkers and 16 office parkers; 121 No visitors will be allowed to park on this level for safety reasons and to reduce the volume of vehicles on this level during the VUE’s operating hours. As such, no method of entrance/exit or parking payment will be provided on this level for customers to the center. All parking access and control equipment is located on private property and is shown in Exhibit B at the end of this report. Parking equipment has been carefully vetted and selected to allow speed of entry to avoid vehicle queuing at entrances. Likewise, equipment has been strategically placed to allow quick access and with no queuing of vehicles. No access will be provided for vehicles entering the podium from Newport Boulevard. Operational procedures will further enhance efficient use of equipment and allow expediting of entry and exit. Loading Zones Two commercial loading zones are provided on this level of the center and will be available for commercial user during operational hours of the center when the commercial areas open for business. Commercial vehicles making deliveries will be able to access podium level to utilize loading spaces for deliveries via intercom access at the entry podium or cell phone connection to the parking attendant and/or security staff member on-site who will activate the control gates allowing entry to the podium by vehicles making deliveries. Once delivery vehicles are identified and become routine parkers, the will be provided with an access code for entry to the podium level. Podium Level Parking Operation Authorized parkers to this level will be residential owners having vehicles to access their garage and designated office, retail and office employees assigned to park on this level. If space use allows an additional assignment on weekends due to low employee use, restaurant employees may also be assigned to this parking in the single space and tandem spaces. Residential owners will be provided access cards or transponders for the number of spaces within their own garages. Designated office (16 employees) and retail (8 employees) employees will be provided similar access cards or transponders for their parking use and access to the podium level. 122 PARKING GARAGE – SELF-PARKING Entrances and Exits The parking garage will be accessed by self-parkers through two entrances. The north entrance is located off Newport Boulevard between the existing Crab Cooker and Woody’s Wharf. The south entrance is from The Arcade located behind the Crab Cooker. Self-Parking The self-parking area is located throughout the parking garage level. To maximize use of the spaces, parking spaces will be available on a first come, first serve basis with no designed reserved spaces, except or the following areas:  Two tandem spaces (four spaces total) located on the north end near the entry/exit ramp. These spaces will be assigned to employees working at the same office, retail, or restaurant so they will know each other and can work together in accessing the spaces and shifting vehicles for leaving. On weekends the inside two spaces will be blocked off or chained off so that visitors do not utilize the spaces and become “blocked” and have difficulty leaving the center.  Valet service may be offered if demand if sufficient for offering the service. The valet area will be provided within the garage on the south end of parking garage level. The valet plan and location will be discussed in detail later in this report. The number of self-parking spaces will vary based on whether the valet service is provided and how many valet spaces are needed based on demand. The range of spaces will always be a minimum104 spaces up to 156 spaces for self-parkers. Residential Guests/Visitors Guests of the residents will be able to access the garage level via entries on Newport Boulevard and The Arcade by simply pulling an entry ticket upon entry. Each resident will be provided a set number of exit validation coupons/tickets monthly for their guests visiting their homes. When the guest leaves the center, they will simply enter their entry ticket followed by the validation coupon/ticket which will provide exit to the garage. The Residential Home Owners Association (HOA) board will establish validation use regulations including the number issued per month, hosted event validation use and overnight guest validation use. These regulations are subject to approval by the parking garage owner based on the availability of spaces and volume of use. From time to time, the HOA and the garage owners may adjust the visitor guidelines to meet the needs of residents. However, always, the minimum required number of guest parking spaces will be available for resident guest’s use. Parking spaces will not be designated or reserved within the garage. Guests may park in any 123 space within the garage. This will allow guests to park closest to the stairs and elevators for the residential unit that they are visiting. Boat Slip Parking Needs All boat slips will be leased only to the residential tenants. Additionally, no on-board boat living will be permitted. Residential unit owners will have their own garage spaces and any guests that they have joining them on their boats will be accommodated as residential guest parkers as described above. No slips will be allowed to house live aboard boats. Parking Equipment To allow effective management of the garage parking and capture revenue, a Parking Access and Revenue Control System (PARCS) will be installed at each entrance. The lanes will be controlled using ticket dispensers in the entry lanes and gate arms in all lanes. Upon entry, a ticket will be pulled allowing for efficient ingress. Additionally, each entrance lane to the garage will include a dynamic sign indicating whether spaces are available or if the facility is “full”. This will minimize, unnecessary queuing at the garage entrances as well as minimize internal vehicle trips searching for available spaces when the garage. The equipment includes computerized space counting algorithms which accounts for vehicle arriving and leaving, employee parker use and availability and whether spaces are available within the valet parking area. As parkers leave and spaces become available, the dynamic signs will change and allow additional vehicles to access the garage and park in available spaces. All PARCS equipment provides sufficient (three vehicles per entrance ramp) off-street queuing for vehicle to enter the garage without backing up onto public streets. Vehicle queuing analysis, as per industry standards (Parking Structures, Chrest, Smith, M., et.al., Third Addition, 2001), indicates that with gated entry lanes, more than 425 vehicles per lane may enter a parking facility. With two garage entry lanes from The Arcade and Newport Boulevard, and faster operating entry equipment than the 2001 standard, an adequate queuing design is provided for the ramps into the parking structure. With today’s entry, operating standards for parking access equipment performance, the cycle for gate equipment is less than 7 seconds per entry as compared to 12 to 16 seconds in 2001. With only 156 spaces, in a one level garage, the queuing analysis and loading time for vehicles entering the garage will be adequate. Signs will also be installed that will indicate that no queuing and waiting for availability of parking spaces will be allowed outside the parking facility. Any parker, who enters the garage at either location by mistake and wishes to leave will be able to leave without charge within a 12-minute grace period. This grace period will allow drivers to enter the garage and circulate to either exit ramp and re-insert the entry ticket for exiting without charge. Finally, the parking operator will monitor with a parking attendant at the entry and exit lanes 124 Parking equipment has been carefully vetted and selected to allow speed of entry to avoid vehicle queuing at entrances. Likewise, equipment has been strategically placed to allow off- street queuing of vehicles. The equipment placement plan for all equipment is shown on Exhibit B, Parking Equipment Placement Plan at the end of the report. Pay Stations The parking facility will be equipped with automated equipment at each exit and two Pay-on- Foot (POF) stations to be located near the main elevators and stairs exiting the parking facility on either end of the parking garage level. Through a coordinated signage program, visitors will be encouraged to take their entry ticket with them. Customers will pay just prior to exiting at one of the two POF stations provided on the garage level of the VUE. Payment options at the POF will include cash, credit cards, and debit cards. Upon payment of the parking ticket, an exit ticket will be issued, which will simply need to be inserted into an exit machine installed in all the exit lanes. Once the exit machine verifies parking fees have been paid, the gate arm raises to allow the vehicle to exit. If a balance is due, the visitor will have the option to pay with credit/debit card. Should the visitor require assistance, they will interact with an attendant located at the exit gate to complete the transaction. Should intercom system be used, they are supported via cell phone connection to an attendant who is always on-duty with the operator to resolve parking issues via cell phone activation of whatever the needed transaction requires. Visitors will be encouraged to pay for their parking prior to exiting the garage at one of the POFs. The POFs will accept cash, credit, debit, and validations. At the exit, the equipment will only accept credit cards, debit cards, and validations for payment. Typically, it is recommended to only accept cash and dispense change at the POFs and not in the exit lanes to minimize transaction times and maintain an acceptable Level of Service for exiting the garage. Customer Service Ambassadors During peak periods, we anticipate staffing Customer Service Ambassadors (CSAs) at the entry/exit lanes to help expedite the process and provide support as needed to allow for efficient ingress and egress and to minimize queuing within the garage for exiting. Although the equipment will be automated and visitors will be encouraged through a sign program to pay in advance at one of the POFs, some visitors may approach the exit and not be prepared to pay with a credit or debit card. In those cases, the CSAs will be equipped with pre- loaded value cards compatible with the PARCs system. The CSA can then manually calculate the parking fee and collect cash payments. They will then vend the gate using their card. Revenue reconciliation and audit processes ensure all revenue is accounted for. Customer service ambassadors will assist customers/parker at the ingress lanes to assist with expediting entry to avoid vehicle queuing onto the public right of way. They will be positioned on the garage level ramps and assist guests with entering the garage by pulling entrance tickets, issuing entrance tickets and or activating the gates to expedite entry. 125 PARKING GARAGE – VALET PARKING Valet parking services will be located within the parking garage on the south end of the garage near The Arcade entrance. The location for the valet parking is located within the garage in the southwest corner of the garage level near the pedestrian stairwell and elevator. Valet operational hours will be from 11 am to 10 pm daily initially and will be adjusted to meet the demand for valet service as required. Hours may be adjusted depending on the demand for valet service during the year. For instance, valet service may not be needed during the off-peak season (September to May) during lunch hours. Thus, valet service may not need to begin until later in the afternoon. Once valet service is stabilized and the inventory of spaces is established, valet attendants typically, place traffic cones and/or plastic tape or changes in spaces to reserve spaces for the valet operation the night before if the service is offered during the lunch time hours. Valet services during lunch hours is typically smaller in operation than an evening or weekend service thus, the number of spaces needed may be smaller, thus a fewer number of valet spaces are needed. If the valet service does not begin until the evening hours, expands for evening hours, or aisle stacked parking is offered, a transition plan is always in place to provide additional parking spaces in the valet area. The transition plan is managed in this manner:  The parking equipment as described in the parking equipment plan above, will indicate when the garage is full, so the likelihood of needing or using aisle stacked parking is marginal. To allow more vehicles into the garage than there are spaces for will require a parking manager to adjust the software system to allow the car counts to be increased for vehicle inventories higher than the number of spaces. Such action will be judiciously cautiously managed and implemented insuring that the garage maintains a high level of service for its patron. No parking operation is successful when unrestricted access of vehicles is allowed for entering a garage. That kind of a situation, creates excessive internal circulation, excessive searching for an available space, creates air quality issues within the garage, and frustration for all users.  Valet attendants arriving prior to the opening of the valet service, will cone-off parking spaces as they are vacated by self-parkers in the valet area.  Should in the rare instance that aisle stacking occurs, valet attendants will maintain keys for the aisle stacked vehicle and can move a vehicle to allow a self-parker to exit a space. If that occurs, the valet attendant, then re-parks the valet vehicle in the vacated parking space, thus shifting the aisle stacked vehicle into a marked space. This methodology of shifting aisle stacked vehicles to regular marked spaces occurs throughout the valet operation, is intentional to reduce the parking impacts as quickly as possible and to have aisle stacked vehicles for as short of a time as possible.  The traffic flow on this end of the garage will shift to a one-way flow, which further insures that that parking circulation allows ease of use of parking. 126  If valet aisle stacked parking ever occurs, a maximum of 42 marked spaces and an additional capacity of aisle-stacking of no more than 11 vehicles will be provided. Signs will be set-up to temporarily indicate that that portion of the garage will be for “valet parking only”. The valet greeting area, valet vehicle storage spaces, and if needed, aisle-stacked parking plans are shown on Exhibit C Valet Parking Plan and Aisle Stacked Valet Parking Plan at the end of the report. All other parking spaces located in the garage are available as self- parking areas. Valet signs will be located at entrances to the garage providing information and directional path of travel so that guests may find and utilize valet parking services. Valet spaces will be operational as self-parking spaces anytime the valet service is not operational or should the service be discontinued due to lack of demand. If valet vehicles are remaining stored in the valet area when the garage closes, valet keys will be transferred to on-site security so that valet parkers may gain access to their own vehicles (with valet ticket a proof of ownership of the vehicle) for leaving the garage. Greeting Zone The Greeting Zone or valet staging area will be located near the stairwell and elevator within the garage area. This greeting area will have the capacity to hold three (3) vehicles at any one time. Dropped off vehicles are relocated to valet parking spaces as quickly as possible so that additional vehicles may be queued in the drop-off/pick-up area. Since the number of restaurants and size of the restaurants is low, the three-spaces vehicle queuing is adequate for this sized center. All vehicles will be received and retrieved at this greeting location within the garage. No vehicles will be accepted or returned to the podium level of the center or on surrounding streets. Vehicles will be stored in parking spaces located on this end of the parking garage near the valet greeting area. A valet attendant will drive the vehicle from the Greeting Zone to the vehicle storage area within the parking garage. The drive pattern is within the parking layout plan and is very efficient for retrieval time and the circulation pattern fits within the parking layouts of the garage, especially since the traffic flow at this end of garage will be a one-way travel loop Valet Parking – Guest Experience (Valet Drop – Off) The following is the process for greeting guests who choose to utilize the valet zone:  Guest is greeted by a Valet Ambassador in the Greeting Zone.  The Valet Ambassador is trained for customer service and will use guest services practices  Guests will be greeted within 15 seconds and will personally express a warm welcome.  Valet attendants are trained to make eye contact with each guest to establish a human level of connection and trust with the guest. 127   The valet attendants are trained to ask for the guest’s name upon arrival and will use their name at least once on the way in and on the exit. They also are trained to introduce themselves by name during the initial greeting.  They are also trained to anticipate a need/ask a helping question upon arrival and at exit. The guest is issued a valet claim check and given retrieval instructions, including the option to text ahead for their vehicle. The guest then leaves the Greeting zone and proceeds to their destination within VUE Newport. Valet Parking – Guest Experience (Vehicle Pick-up/Return) The following is the process for guests to retrieve their vehicle from the valet zone:  The Guest either texts ahead or returns to the Greeting Zone and presents their valet claim check to the Valet Attendant or Valet Ambassador.  The Valet Attendant completes the payment for parking/valet service and collects payment from the Guest. The Valet system also allows the Guest to complete the payment transaction from their smart phone if an account has been set-up. This method of payment is often used for frequent valet parkers.  The Valet Attendant retrieves the guest’s keys, runs to the vehicle storage location, and returns the vehicle to the guest in the Greeting Zone.  The Valet attendant opens all doors for guests, thanks the guest by name and hands the driver the vehicle keys.  The Valet attendant also provides the Guest with an exit ticket for exiting the garage.  The Guest departs in their vehicle and proceeds to the exit gates on The Arcade and inserts their exit ticket for activating the exit gate to the garage. Flash Valet To operate the valet as efficiently as possible, minimize guest wait times, and maximize each guest’s experience, the parking operator will utilize the Flash Valet technology for management of the Valet System for all valet services. This system not only offers the Valet operator with a full management system for valeting vehicles, it offers an expedited service for busy guests who will have the luxury of having their vehicle ready for leaving when they are. With Flash Valet, guests can request their vehicle by text and pay from their phones or at the valet stand with any major credit card or PayPal. The system will further provide a simple stored account for the Valet parker which further expedites their next visit and increase the customer service experience, because Valet Attendants will know the parker by name upon their arrival. Valet Storage The Valet vehicle will be stored within proximity to the Valet Greeting area. Laz Parking will be utilizing a set number of spaces depending on the time of day and day of week that the 128 valet service is operating and the volume of demands for valet service. This maintains the valet vehicles within a short distance of the greeting area and providing short retrieval times for returning vehicles. The transition from parking space use from self-parking to valet parking was explained previously in valet parking section on pages 7 and 8 During the rare peak parking demand periods, valet attendants may also aisle stack vehicles within the valet parking area on the south end of the parking facility. A range of 12 to 15 vehicles may be parked in the drive aisles with the valet parking area (shown on Exhibit C). Aisle stack parking will be managed in the following manner:  A self-locking key box will be located on a wall or column near where vehicles are to be aisle stack parked. Keys are stored in these boxes for vehicles that are parked in the aisles.  When a blocked-in vehicle is requested, the valet attendant will retrieve the keys for the vehicle in the aisle stacked area from the key box location where the vehicle is parked.  The aisle stacked vehicle will be pulled out and re-parked in a neighboring stall and the keys returned to the key box with the new space number location noted on the valet ticket.  The valet attendant will return the valet requested vehicle to the valet guest as noted above and return an aisle stacked vehicle to the vacated parking space.  When a regular space is vacated, one of the aisle stacked vehicles is relocated to the marked spaces to reduce or eliminate vehicles being parking in the aisles.  Vehicle keys will be locked in the locking key boxes at all times. LOADING ZONES / OPERATIONAL COMPONENTS The podium level includes two loading areas which will be used for commercial loading (including residential deliveries, UPS, FedEx) needs for the center. The podium loading area will be available for loading purposes throughout the day at the center. As described earlier in the report, access to the podium level will be from The Arcade entrance and may be accessed by commercial vehicles via the intercom when they approach the entry podium or via cell phone call to the number provided at the entrance (answered by the parking attendant or security person on duty for these responses). Once delivery vehicles are identified and become routine parkers, the will be provided with an access code for entry to the podium level. 129 MOBILITY – BICYCLE, PEDESTRIAN AND BOAT In addition to providing parking for vehicles, VUE Newport expects to have a number of guests arriving by other means and forms of mobility. These include guest arrivals via bicycles, walking and boat up/Duffy boat up to the docks provided in the middle of the center of the VUE. Bicycles/Bike Racks VUE Newport will provide bike racks for storage of 42 bikes. The storage will be provided in bike racks that will be located around the Center for guest and employee use. The bike rack locations on the podium level are shown in Exhibit D Bicycle Rack Storage Plan at the end of this report. Additional bike racks will be provided within the parking structure for employee use. The location for these bike racks will be in locations where parking spaces are not available such as the corners of the garage. Pedestrian Circulation The overall design and layout of the property makes it very walkable for pedestrians. Additionally, guests arriving and parking at other locations in the area and on-street may choose to enter the Center from a variety of locations. The Pedestrian Circulation Plan is provided in Exhibit E Pedestrian Circulation Plan at the end of the report. Boat Access Lastly, the marina access and boat slips are expected to accommodate access for additional guests to the restaurants and commercial retail sales unit at Vue Newport. Boat slips make up 19 locations for boats and approximately six to seven locations are available for the docking of Duffy boats. While the boat slips will be exclusively leased to residential unit owners only, a couple of slips will provide boat up dock service for guests visiting the center to experience the restaurants and retail stores or other amenities. 130 EXHIBIT “A” Parking Layouts and Locations 131 132 133 Exhibit “B” Parking Equipment Placement Plan 134 135 Exhibit “C” Valet Parking Plan 136 137 138 Exhibit “D” Bicycle Rack Storage Plan 139 22 VUE Newport Beach – Parking Management Plan BLDG H BLDG G BLDG F BLDG A BLDG B BLDG E BLDG D BLDG C Exhibit “E” Pedestrian Circulation Plan 141 24 VUE Newport Beach – Parking Management Plan BLDG H BLDG G BLDG F BLDG A BLDG B BLDG E BLDG D BLDG C Attachment No. PC 10 Trip Generation Analysis 143 INTENTIONALLY BLANK P A G E 144 Stantec Consulting Services Inc. 38 Technology Drive Suite 100, Irvine CA 92618-5312 December 21, 2016 File: 20730100940 Attention: Matthew Fogt, Esq Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614-7321 Dear Mr. Fogt, Reference: VUE Newport – Trip Generation Update In 2005 a Traffic Phasing Ordinance (TPO) and environmental analysis was prepared for the 2300 Newport Boulevard residential/retail project in the City of Newport Beach. At that time, the land uses for the project consisted of residential, retail, and office uses and the trip generation was based on these assumptions. Restaurant uses would be allowed under a Conditional Use Permit (CUP) but were not expressly analyzed at that time. The project is now under construction and is proposed to include 7,346 square feet of food service uses to replace a comparable portion of the retail and office uses. This letter addresses the change in trip generation as a result of including restaurant space in this mixed use project. APPROVED PROJECT TRIPS The approved project consists of 27 dwelling units, 16,700 square feet of office space, and 19,300 square feet of retail space. While the project was approved for 36,000 square feet of commercial floor area, only 35,335 square feet was actually built. Trip generation for the approved project’s traffic study was based on the Institute of Transportation Engineers (ITE) “Trip Generation, 7th Edition”. The 2005 traffic analysis estimated that the project would generate 1,259 average daily trips (ADT). PROPOSED PROJECT TRIPS The current proposed project would not change the total square footage of the development; however, 7,346 square feet of food service uses would replace an equivalent amount of retail and office space. Of these food service uses, 2,142 square feet would be general casual/family dining space (similar in concept to Pieology, MOD Pizza, Pizza Press, Burger Lounge, and HopDoddy Burger Bar), and 5,204 square feet would be fine dining restaurant space (similar in concept to The Cannery, Bluewater Grill, and Bandera). Additionally, 2,388 square feet of non-traffic generating amenity space for tenants would be provided (uses such as storage, etc.), as listed in Table 1 on the following page. 145 December 21, 2016 Matthew Fogt, Esq Page 2 of 5 Reference: VUE Newport – Trip Generation Update Table 1 Project Land Use and Quantities Type of Use Size Residential 27 DU Restaurants 7,346 SF a. General Restaurant 2,142 SF b. Fine Dining 5,204 SF Non-Restaurant Uses 27,989 SF a. Retail 11,700 SF b. Office 13,901 SF c. Amenity Space (non- traffic generating) 2,388 SF Total Square Footage 35,335 SF DU = Dwelling Units SF = Square Feet Certain adjustments are typically applied to trip generation estimates to reflect unique site and location characteristics. For mixed-use projects, adjustments are made to account for trips between the various uses on site, referred to as “internal capture”. For projects in areas with access to different modes of travel, such as walking and biking, adjustments are made to reflect travel by means other than by automobile. Also, for trip purposes that are frequently made in conjunction with another type of trip, such as stopping at a shopping center while on the way home from work (referred to as “pass-by trips”), adjustments are made to avoid double counting the number of vehicles on the roadway. Each of these adjustments are applicable to the VUE project and are discussed in greater detail below. Internal Capture When a project includes a mix of complementary uses, such as residential combined with office, retail and restaurants, a certain number of trips will occur between the on-site uses, thereby reducing the number of trips added to the roads surrounding the site (e.g., a resident can walk to a restaurant on-site instead of driving elsewhere). The ITE Trip Generation Handbook includes a methodology that is based on case studies of mixed-use developments to estimate internal capture. For this project, the ITE methodology was applied to the proposed mix of land use, which determined specific internal capture amounts for each land use type (see attached worksheet titled Multi-Use Development Trip Generation Calculation Sheet). Overall, the ITE methodology estimates that approximately 13 percent of the total project trip generation would be captured on-site due to the complimentary mix of uses provided by the project. 146 December 21, 2016 Matthew Fogt, Esq Page 3 of 5 Reference: VUE Newport – Trip Generation Update Walk/Bike/Boat Trips Visitors and residents of this area of Newport Beach are very active and many use non-automobile modes of transportation for local trips. As such, there is a high presence of pedestrians and bicyclists on the Peninsula. At the project site, a dock is also being provided to allow patrons to boat to the retail and restaurant uses. This project is being marketed to take advantage of the many alternative transportation choices present in the area. Therefore, many of the retail and restaurant trips can be expected to be walk, bike, or boat to the project site. A similar type of project was recently approved in the Lido Marina Village area which accounted for walking and boating trips. For the Lido Marina Village parking study, a 10 percent reduction was applied to the retail and restaurant uses to reflect the walk-in customers. An additional 5 percent reduction (15 percent total) was also applied to the restaurant uses to reflect the boat-in customers. While the Lido Marina Village study was focused only on parking, it is reasonable to assume that walking and boating reductions would have a comparable effect on trip generation. The proposed VUE project similarly facilitates access by walking and boating, and a slightly more conservative 10 percent reduction was applied to the retail and restaurant uses in this study to account for the project’s walking, biking and boating trips. Pass-by Trips The proposed retail and restaurant uses will attract a certain number of patrons who are driving by the site on the adjacent roadway for a primary purpose other than stopping at the project site. These are referred to as pass-by trips, an example of which is a person who stops at a retail store on the way home from work or a person who stops at a restaurant on the way to another destination. The proportion of trips attributable to pass-by is documented in various sources. The previously referenced ITE Trip Generation Handbook includes typical pass-by percentages for many types of uses, but only for the peak hours of adjacent street traffic. Pass-by percentages for total daily traffic are documented in the San Diego Association of Governments (SANDAG) Traffic Generators report, a common industry standard source for trip generation data. Table 2 on the following page summarizes the applicable daily pass-by trip percentages as listed in the Traffic Generators report. 147 December 21, 2016 Matthew Fogt, Esq Page 4 of 5 Reference: VUE Newport – Trip Generation Update Table 2 Pass-by Trip Percentages (Examples) Land Use Type Average Daily Pass-by % Source Office 4% SANDAG Standard Commercial Office Retail 15% SANDAG Commercial Shops (Specialty retail) Fine Dining 12% SANDAG Restaurant (Quality) General Restaurant 12% SANDAG Restaurant (Sit-down, high turnover) For the purpose of this analysis, trip generation estimates are calculated using the pass-by percentages recommended in the SANDAG Traffic Generators report as listed above. Following is a discussion of the trip generation calculation. Trip Generation Estimate A trip generation analysis has been prepared using ADT trip rates from the ITE Trip Generation Manual. The ITE manual includes a daily trip generation rate (i.e., ADT rate) for each of the proposed uses. The ITE Trip Generation Handbook contains internal capture rates for the proposed mix of uses and the SANDAG Traffic Generators report contains pass-by trip rates for the retail and restaurant uses. A prior Newport Beach study, with adjustments by City staff, provides estimates of walking, biking, and boating trip percentages. Table A-1 (attached) applies the internal capture reductions, walk/bike/boat adjustments, and the pass-by trip rates as discussed above to the 2005 approved project. Table A-2 (attached) provides the comparable calculation for the proposed project. Table 3 on the following page summarizes the results of the trip generation analysis, and compares the number of project trips to the number of trips originally estimated for the project in 2005, as well as the number of trips to be generated by the approved project when applying a consistent trip adjustment methodology. As shown, the proposed project, which now includes restaurant uses, would generate fewer daily traffic trips than what was originally estimated in 2005 for the project site. When applying the current methodology for internal capture, walk/bike/boat trips, and pass-by reductions to both the approved and the proposed project, the analysis shows that the net volume of proposed project trips would be 295 ADT higher than the approved project. 148 December 21, 2016 Matthew Fogt, Esq Page 5 of 5 Reference: VUE Newport – Trip Generation Update Table 3 Trip Generation Comparison Scenario ADT Change from Approved (ADT) 2005 Approved Project (2005 Traffic Study) 1,259 n/a 2005 Approved Project with internal capture, walk/bike/boat and pass-by reductions 861 n/a Proposed Project with internal capture, walk/bike/boat and pass-by reductions 1,156 295 In summary, the analysis shows that the difference between the proposed project and the 2005 approved project would be 295 more daily vehicle trips generated by the proposed project. Respectfully, STANTEC CONSULTING SERVICES INC. Cathy Lawrence, PE Transportation Engineer Phone: (949) 923-6064 Cathy.Lawrence@stantec.com Daryl Zerfass, PE, PTP Principal, Transportation Planning & Traffic Engineering Phone: (949) 923-6058 Daryl.Zerfass@stantec.com Attachments: Table A-1 Trip Generation for 2005 Approved Project Table A-2 Trip Generation for Proposed Project Multi-Use Development Trip Generation Calculation Sheets (2 Total) cl v:\2073\active\2073010940\correspondence\letters\let_newport_cup_update_20161221.docx 149 Table A-1 Trip Generation for Approved Project (Recalculated) (1) (2) (3) (4) Units ADT Rate ADT Internal Capture Net External ADT Walk/Bike/ Boat (%) Net External Auto ADT Pass-by Trips Net New Auto ADT Residential 27 DU 8.09 218 -77 141 0% 141 0% 141 Office 16.7 TSF 11.03 184 -32 152 0% 152 4% 146 Retail 19.3 TSF 44.32 855 -105 750 10% 675 15% 574 Restaurants 0.00 TSF - Fine Dining 0 TSF - General Restaurants 0 TSF Total 1257 -214 1043 968 861 -17% -7% -11% Approved TPO Auto Trips (2005)1259 Change vs. Approved Trips -398 -32% Notes: (1) Trip Rate Sources (ITE 9th Edition) Residential = Average of ITE Apartments (220) and ITE Single Family Detached (210) Office = ITE General Office (710) Retail = ITE Specialty Retail Center (826) (2) Internal Capture derived using ITE Trip Generation Handbook methodology (see attached worksheets) - Used 2nd Edition Handbook rates for ADT since 3rd Edition does not have ADT rates data (3) Percentage of Walk/Bike/Boat are specified by the City (Nov 2016) (4) Pass-by Trips from SANDAG Trip Generation Guide - Standard Commercial Office (<100 TSF) 19% diverted & 4% pass-by - Commercial Shops 40% diverted & 15% pass-by - Restaurant 37% diverted & 12% pass-by Stantec 150 Table A-2 Trip Generation for Proposed Project - Casual & Fine Dining (1)(2)(3)(4) Units ADT Rate ADT Internal Capture Net External ADT Walk/Bike/ Boat (%) Net External Auto ADT Pass-by Trips Net New Auto ADT Residential 27 DU 8.09 218 -79 139 0%139 0% 139 Office 13.901 TSF 11.03 153 -31 122 0%122 4% 117 Retail 11.7 TSF 44.32 519 -48 471 10%424 15% 360 Internal Storage/Fitness 2.388 TSF 0 0 0 0 0%0 0% 0 Restaurants - Fine Dining 5.204 TSF 89.95 468 -37 431 10%388 12% 341 - General Restaurant 2.142 TSF 127.15 272 -21 251 10%226 12% 199 Total 1630 -216 1414 1299 1156 -13%-8%-11% Approved TPO Project with Recalculated Auto Trips 861 Change vs. Recalculated TPO Auto Trips 295 34% Approved TPO Auto Trips 1259 Change vs. Original TPO Auto Trips -103 -8% Notes: (1) Trip Rate Sources (ITE 9th Edition) Residential = Average of ITE Apartments (220) and ITE Single Family Detached (210) Office = ITE General Office (710) Retail = ITE Specialty Retail Center (826) Restaurants - Fine Dining = ITE Quality Restaurant (931) - General Restaurants = ITE High Turnover Sit-down Restaurant (932) (2) Internal Capture derived using ITE Trip Generation Handbook methodology (see attached worksheets) - Used 2nd Edition Handbook rates for ADT since 3rd Edition does not have ADT rates data (3) Percentage of Walk/Bike/Boat are specified by the City (Nov 2016) (4) Pass-by Trips from SANDAG Trip Generation Guide - Standard Commercial Office (<100 TSF) 19% diverted & 4% pass-by - Commercial Shops 40% diverted & 15% pass-by - Restaurant 37% diverted & 12% pass-by Stantec 151 ADT Estimates for Approved Project Demand 3% 13 4% 17 Demand Demand 11% 47 9% 39 Demand Balanced Balanced Balanced Balanced Demand 15% 14 22% 20 Demand Demand 33% 36 38% 41 Demand 0% 0 0% 0 2% 2 3% 3 Internal Capture Rate 17% Source: ITE Trip Generation Hanndbook, 2nd Edition (2004)-Chapter 7 Multi-Use Development Trip Generation Calculation SheetAnalystStantec Development 2300 Newport Blvd Date 11/22/2016 Time Period ADT A ITE Land Use Code Retail Exit To External Size 19.3 TSFTotalInternal External 378 Enter 428 56 372Enter From External Exit 427 49 378 Total 855 104 751372%100%12%88% from A to B to A from C to A from B from A to C 13 17 36 39 to B from A from C to A from B to A to C from A Demand Balanced Demand B ITE Land Use Code Office to B from C from C to B ITE Land Use Code Residential C Exit To External Size 16.7 TSF 0 Size 27 DU Enter From ExternalTotalInternalExternalTotalInternalExternal 73 Enter 92 13 79 Enter 109 38 71 71 Enter From External Exit 92 19 73 Exit 109 39 70 Exit To External142Total18432152Total2187679%100%17%83%2 %100%35%65%70 from B to C to C from B Demand Balanced Demand NOTE: to/from ADT capture rates are from ITE 2nd Ed. Handbook Net External Trips For Multi-Use Development Retail Office Residential Restaurant Total Enter 372 79 71 522 Stantec Single-Use Trip Generation 855 184 218 1257 Exit 378 73 70 521 Total 750 152 141 1043 152 ADT Estimates for Proposed Project - Casual & Fine Dining Demand 3% 19 4% 25 Demand Demand 11% 69 9% 57 Demand Balanced Balanced Balanced Balanced Demand 15% 12 22% 17 Demand Demand 33% 36 38% 41 Demand 0% 0 0% 0 2% 2 3% 3 Internal Capture Rate 13% Source: ITE Trip Generation Hanndbook, 2nd Edition (2004)-Chapter 7 Multi-Use Development Trip Generation Calculation SheetAnalystStantec Development 2300 Newport Blvd Date 12/7/2016 Time Period ADT Retail & Rest.A ITE Land Use Code Exit To External Total Size 15.609 TSF 581 Enter Internal External 630 58 572Enter From External Exit 629 48 581 Total 1259 106 1153572%100%8%92% from A to B to A from C to A from B from A to C 12 17 36 41 to B from A from C to A from B to A to C from A Demand Balanced Demand CBITE Land Use Code Office to B from C from C to B Exit To External Size 14.522 TSF 0 Size 27 DU Enter From External ITE Land Use Code Residential Total Internal External Total Internal External 7157Enter771265Enter1093871 68 Exit To External139 Enter From External Exit 76 19 57 Exit Total 153 31 122 Total 218 79 109 41 65 %100%20%80%2 % from B to C to C from B 100%36%64%68 Demand Balanced Demand NOTE: to/from ADT capture rates are from ITE 2nd Ed. Handbook Net External Trips For Multi-Use Development Retail & Rest.Office Residential Restaurant Total Exit 581 57 68 706 Enter 572 65 71 708 Stantec Single-Use Trip Generation 1259 153 218 1630 Total 1153 122 139 1414 153 INTENTIONALLY BLANK P A G E 154 Attachment No. PC 11 Project Plans 155 INTENTIONALLY BLANK P A G E 156 NEWPORT CHANNEL W. LIDO CHANNEL NEWPORT PIER MUNICIPAL BEACH NEWPORT ISLAND LIDO ISLELIDO PENINSULA NEWPORTRT BAY MARINAA W E S T B A L B O A B L V D WEST BALBOA BLVD NEWP ORT B L V D PACIFICCOASTHIGHWAY 8 MILES TO JOHN WAYNE AIRPORTN PA2016-157 Attachment No. PC 11 - Project Plans 157 EXISTING BUILDINGEXISTING BUILDING H G F A B E D C 8 10 9 11 713562 4 13 15 14 12 17 19 1 8 16 23 25 24 22 20 21 26 27 NEWPORT BOULEVARD ARCAD E S T R E E T NEWPORT MARINA 22 N D S T R E E T This site plan is not intended as a legal description. The depiction of the property boundaries and building locations is meant to serve only as a general guide. The actual boundaries and building locations will differ to some extent from the above depiction. Ask Sales Representative for details. E S W PA2016-157 Attachment No. PC 11 - Project Plans 158 5,204 S F 960 SF 960 SF LOADIN G ZONE960 SF 876 S F 8A 7A 6 8B 7B LOADIN G ZONE 615 SF960 SF960 SF782 SF 11 10B 910A 1A-1B 2 4 5 3 2,487 SF 2,142 SF 1,376 SF 1,264 SF 1, 0 0 4 S F LOADINGZONE EXISTING RESTAURANT LOADINGZONE PA R K I N G RA M P D O W N PARKING RAMP DOWN CROSSWALK CR O S S W A L K CROSSWALK DUFFY BOATS DROP OFF PEDESTRIAN ACCESS TO NEWPORT PIER GROUND LEVEL The owners of the project, and any of their respective partners, directors, officers, employees, or agents make no representation or warranty, express or implied, as to the completeness, accuracy or adequacy of the information. This exhibit is provided for illustrative purposes only and shall not be deemed to be a warranty, representation, or agreement by Developer the buildings be as illustrated on this exhibit. N PA2016-157 Attachment No. PC 11 - Project Plans 159 OFFIC E 2 5,678 S F UNIT 1 2 UNIT 1 3 UNIT 1 6 UNIT 1 7 UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6 UNIT 7 UNIT 26 UNIT 23 UNIT 22 UNIT 20 OFFICE 1A 3,997 SF RESIDENTIAL RESIDENTIAL RESID E N T I A L RESID E N T I A L OF F I C E 3 64 6 S F OFFICE 1B 3,938 SF EXISTING RESTAURANT PARKING RAMP DOWN PARKINGRAMP DOWN CROSSWALK CR O S S W A L K CROSSWALK PEDESTRIAN ACCESS TO NEWPORT PIER DUFFY BOATS DROP OFF SECOND LEVEL NThe owners of the project, and any of their respective partners, directors, officers, employees, or agents make no representation or warranty, express or implied, as to the completeness, accuracy or adequacy of the information. This exhibit is provided for illustrative purposes only and shall not be deemed to be a warranty, representation, or agreement by Developer the buildings be as illustrated on this exhibit. PA2016-157 Attachment No. PC 11 - Project Plans 160 UNIT 1 4 UNIT 1 5 UNIT 1 8 UNIT 1 9 UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6 UNIT 7 UNIT 8 UNIT 10 UNIT 9 UNIT 11 UNIT 27 UNIT 25 UNIT 24 UNIT 21 RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDE N T I A L RESIDE N T I A L PARKING RAMP DOWN THIRD LEVEL PARKINGRAMP DOWN CR O S S W A L K PEDESTRIAN ACCESS TO NEWPORT PIER CROSSWALK EXISTING RESTAURANT DUFFY BOATS DROP OFF CROSSWALK NThe owners of the project, and any of their respective partners, directors, officers, employees, or agents make no representation or warranty, express or implied, as to the completeness, accuracy or adequacy of the information. This exhibit is provided for illustrative purposes only and shall not be deemed to be a warranty, representation, or agreement by Developer the buildings be as illustrated on this exhibit. PA2016-157 Attachment No. PC 11 - Project Plans 161 Elevators Stairs VA N VAN NO P A R K I N G NO PARK I N G PARKING NO P A R K I N G VA N NO P A R K I N G NO NO PARKING PARKING NO GR O U N D LE V E L RA M P U P GROUND LEVEL RAMP UP GARAGE LEVEL The owners of the project, and any of their respective partners, directors, officers, employees, or agents make no representation or warranty, express or implied, as to the completeness, accuracy or adequacy of the information. This exhibit is provided for illustrative purposes only and shall not be deemed to be a warranty, representation, or agreement by Developer the buildings be as illustrated on this exhibit. N PA2016-157 Attachment No. PC 11 - Project Plans 162 Community Development Department  CITY OF NEWPORT BEACH  COMMUNITY DEVELOPMENT DEPARTMENT  100 Civic Center Drive  Newport Beach, California 92660  949 644‐3200  newportbeachca.gov/communitydevelopment Memorandum To: Newport Beach Planning Commission From: Rosalinh Ung, Associate Planner, 949-644-3208, rung@newportbeachca.gov Date: February 9, 2017 Re: Item No. 3 – Vue Newport Restaurants and Parking Reduction – Proposed Changes to Conditions of Approval (PA2016-157) The applicant, NPB Marina LLC., is requesting changes to the following conditions of approvals. 11. The hours of operation for the restaurant including outdoor dining patio shall be limited between 6:00 a.m. and 10:00 p.m., Monday through Wednesday, and between 6:00 a.m. and 11:00 p.m. Thursday through Sunday. New seating at tables shall cease one-half hour prior to restaurant closing times. 16. No more than nine (9) boat slips shall be leased to the public. The slipway area (slip 19) shall not be used for permanent berthing. No vessel shall not be used as a permanent residence. 18. A solid barrier (including glass) shall be provided along the west side of the outdoor dining area to mitigate any potential nuisance noises. 51. There shall be no seated bar area for alcohol service. The proposed changes to Conditions 11 and 16 are applicable to both proposed restaurants, and Conditions 18 and 51 are applicable to the proposed fine dining restaurant. Staff has reviewed the proposed changes and is supportive of the requests. Should the Planning Commission approve the requests, staff will incorporate these changes to the final resolutions for approval. Planning Commission - February 9, 2017 Item No. 3a Additional Materials Received Vue Newport Restaurants and Parking Management Plan (PA2016-157) Item 3 Planning Commission Public Hearing February 9, 2017 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Use Permits for 2 restaurants at VueNewport  Mixed‐use Development :  A 5,204 sf. fine dining restaurant with ABC License  Type 47;  A2,142 sf. casual dining restaurant with ABC License  Type 41; and  A parking waiver with a parking management plan  07/13/2012 2Community Development Department ‐Planning Division Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 5,204 sf., full‐service “fine‐dining” restaurant  ▪Prego is tentative operator ▪ABC License Type  47 (beer, wine & distilled)   ▪No late hours, live entertainment or dancing are  proposed ▪651 sf. of outdoor dining area; and ▪6:00 a.m. to 10:00 p.m., Monday through  Wednesday & 6:00 a.m. to 11:00 p.m., Thursday  through Sunday Community Development Department ‐Planning Division07/13/2012 3 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) A 2,142 sf., casual‐dining restaurant  ▪Pizza Press is tentative operator ▪ABC License Type  41 (beer & wine)  ▪No late hours, live entertainment or dancing are  proposed ▪268 sf. of outdoor dining area; and ▪6:00 a.m. to 10:00 p.m., Monday through  Wednesday & 6:00 a.m. to 11:00 p.m., Thursday  through Sunday 07/13/2012 Community Development Department ‐Planning Division 4 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 07/13/2012 Community Development Department ‐Planning Division 5 Subject Property  Vue Newport  McFadden Square Crab  Cooker Woody’s  Wharf Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) MU‐W2 (Mixed‐use Water Related)  Eating and drinking establishments are  considered general or visitor‐serving and are  allowed Consistent with Land Use & Coastal Land Use  Policies: LU6.8.2 (McFadden Square is one of primary  activity centers of the Peninsula) LU6.8.4 (shared parking facilities) LU6.12.1 (visitor and local‐serving priority uses) 10/06/2016 Community Development Department ‐Planning Division 6 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Restaurantis allowed usein MU‐W2 Project is consistent with no late hours  &  alcoholic beverage sales consideration Police Department review & supportive with conditions 10/06/2016 Community Development Department ‐Planning Division 7 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 2.3‐acre mixed‐use development under  construction: 27 residential units,  a 19‐slip marina, and  35,335 square feet of retail and office uses 8 buildings (A thru G), 4‐story development Ground (podium) level: Retail uses, a public plaza,  parking for residents and employees;  Level 2 & 3: Residential units & offices Buildings B & C in  Level 2 only; and  A 156‐space underground parking garage  Community Development Department ‐Planning Division07/13/2012 8 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Community Development Department ‐Planning Division07/13/2012 9 Vue Newport Mixed‐use Development Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 07/13/2012 Community Development Department ‐Planning Division 10 Fine Dining  Restaurant ‐ Building C, Ste. 6 Casual  Dining  Restaurant Building A,  Ste. 2  Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 07/13/2012 Community Development Department ‐Planning Division 11 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 07/13/2012 Community Development Department ‐Planning Division 12 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) 07/13/2012 Community Development Department ‐Planning Division 13 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Convert 7,346 office/retail sf. into 2  restaurants located on the podium level; Convert 2,388 sf. of planned office space to  residential‐related use areas; Allocate 10 boat slips to residents & 9 to be  leased to public; 07/13/2012 Community Development Department ‐Planning Division 14 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Required: 250 257 spaces for entire  development including restaurant uses Proposed: 234 spaces (78 at podium level &  156 spaces in the garage) Request a 16 23‐space parking waiver (change to allow 9  commercial boat slips) 07/13/2012 Community Development Department ‐Planning Division 15 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Submit a parking management plan to  support entire development & proposed  restaurants at all times:  54 garage spaces for residents at podium level, 24 spaces for office/retail employees at podium  level, 14 spaces for residential guests in underground  parking level, and  142 spaces for retail, office, boat slips, &  restaurant uses in underground parking level 07/13/2012 Community Development Department ‐Planning Division 16 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Applicable to both restaurants: 11. New seating at tables shall cease one‐half hour  prior to restaurant closing times. 16. No more than 9 boat slips shall be leased to the  public. Slipway area (slip 19) shall not be used as  permanent residences. Note: resulting increase in parking requirement by 7 spaces  (0.75 space/boat slip) Community Development Department ‐Planning Division07/13/2012 17 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Applicable to fine dining restaurant: 18. A solid barrier (including glass)to be provided  along the west side of the fining dining  restaurant’s outdoor dining area 51. There shall be no seated bar area for alcohol  service.Any counter bar area with seating shall be  ancillary to the overall restaurant seating area. Community Development Department ‐Planning Division07/13/2012 18 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) Conduct a public hearing; Approve UP2016‐041, for casual dining  restaurant; and  Approved UP2016‐048, for fine dining  restaurant Including changes to Conditions 11 & 16 for both  restaurants & Conditions 18 & 51 for fine dining  restaurant. Community Development Department ‐Planning Division07/13/2012 19 Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157) For more information contact: Rosalinh Ung 949‐644‐3208 rung@newportbeachca.gov www.newportbeachca.gov Planning Commission - February 9, 2017 Item No. 3b Additional Materials Presented at Meeting Vue Newport Restaurants and Parking Management Plan (PA2016-157)