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Home My WebLink About20201022_PC_Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 22, 2020 Agenda Item No. 7 SUBJECT: Pour Vida Restaurant and Parking Waiver (PA2019-259) Conditional Use Permit No. UP2019-059 SITE LOCATION: 5000 Birch Street APPLICANT: Tim Strader Jr. OWNER: John Hancock Life Insurance Company (USA) PLANNER: Melinda Whelan, Assistant Planner 949-644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY A conditional use permit to establish a 3,027-square-foot restaurant, Pour Vida, with 1,830 square feet of net public area (839 square feet interior and 991 exterior) in an existing 10-story office building within Koll Center Planned Community Office Site B (KCN Site B). The restaurant includes a Type 41, (On-Sale Beer and Wine) Alcoholic Beverage License with no late hours. The proposed hours of operation are 6 a.m. to 11 p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. There will be no live entertainment or dancing. Also included is a request to waive 21 parking spaces. RECOMMENDATION 1) Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2020-037 approving Use Permit No. UP2019-056 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed Use Horizontal (MU-H2) Koll Center Planned Community Office Site B General Office NORTH MU-H2 Koll Center Planned Community Office Site B General Office SOUTH MU-H2 Uptown Newport (PC-58) Residential, Industrial & Commercial EAST MU-H2 Koll Center Planned Community Office Site B General Office WEST MU-H2 Koll Center Planned Community Office Site B General Office Subject Site Uptown Newport 3 INTENTIONALLY BLANK PAGE4 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 3 INTRODUCTION Project Setting The subject property is located within the Koll Center Planned Community, Office Site B (KCN Site B) between Von Karman Avenue and Birch Street. KCN Site B is located generally north of MacArthur Boulevard, south of Birch Street, and east of Von Karman Avenue. KCN Site B is developed with approximately 967,800 square feet of multi-story office buildings with a shared parking pool. The subject property is an approximately 2.3-acre, triangular shaped lot developed with a 308,556-square-foot, 10-story office building. Access to the site is provided primarily via gated driveways from Birch Street and Von Karman Avenue. There are additional vehicular access points south of the site through gated driveways from MacArthur Boulevard and Jamboree Road. The surrounding area is developed with existing offices. Project Description The request is for a conditional use permit to establish a 3,027-square-foot restaurant on the ground floor of the existing office building. The restaurant would provide a full menu with interior and exterior seating, food order area, and accessory bar for the sale and consumption of beer and wine. A Type 41 (On-Sale Beer and Wine) Alcoholic Beverage License is requested. The restaurant includes 839 square feet of interior net public area with 22 seats and 991 square feet of exterior net public area with 32 seats. The restaurant will primarily serve area employees and their visitors during the week and it will also serve future residents during the week and weekends. The proposed hours of operation are 6 a.m. to 11 p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. The conversion of the existing office space to the proposed restaurant results in an increased parking demand of 21 spaces, which the applicant is requesting to be waived. DISCUSSION Analysis General Plan The General Plan designates the site as Mixed-Use Horizontal (MU-H2), which is intended for an intermixing of uses in the Airport Area that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses such as restaurants. The full-service restaurant will provide a commercial service to the offices as well as visitors passing through the area on the weekend. The use will also provide a convenient dining option for current and future residents of the new residential development constructed and proposed in the neighborhood. The proposed use is consistent with the General Plan Designation. 5 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 4 Zoning Code The subject property is zoned Koll Center Planned Community (PC-15) Office, Site B, which is intended for Professional Offices and accessory commercial services such as restaurants. A conditional use permit is required for the restaurant use within the Koll Center Office areas. Alcohol Service The proposed project includes a request for a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage (ABC) License to provide additional menu options for customers and enhance the economic viability of the business. The Newport Beach Police Department (NBPD) has reviewed the proposed use and has no objection to the addition of the Type 41 ABC license subject to appropriate conditions of approval (Attachment No. PC 2). Although the NBPD memorandum indicates that the subject site is located in a reporting district (RD34) with a higher crime rate than adjacent reporting districts, it concludes that the higher crime rate is largely due to burglary or theft from vehicles due to the high concentration of office complexes and high ratio of nonresidential to residential uses. Eating and drinking establishments with incidental alcohol service are common in office areas and will serve as a convenience to existing uses in the area as well as future residents in this changing mixed-use neighborhood. There is one new residential development (Uptown Newport) located approximately 600 feet south from the subject property and there is potential for additional residential development in the area. The beer and wine service in conjunction with the sit-down restaurant is not anticipated to become detrimental to the area due to its location and no late operating hours. The proposed hours of operation would be compatible with existing office and future residential uses. Operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages have been incorporated into the draft resolution to ensure compatibility with the surrounding uses and minimize alcohol-related impacts. Off-Street Parking Requirements KCN Site B has a shared parking supply of 3,045 parking spaces for the 967,800 square feet of total office floor area, where a total of 3,051 spaces are required resulting in an existing parking supply deficit of 6 spaces. All of the spaces are accessible through several gated driveways from Von Karman Avenue, Birch Street, MacArthur Boulevard, and Jamboree Road. KCN Site B does not provide a parking standard for restaurants so the Zoning Code standards apply. The Zoning Code classifies this use as a full-service restaurant (food service, eating and drinking establishment) and parking is required at a rate of one parking space per 30 to 50 square feet of net public area, as determined by the use permit. In this case, a parking rate of one space per 50 square feet of net public area is appropriate for the proposed use based on several physical design and operational characteristics: 6 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 5 • The location is within an office complex surrounded by office uses. Primary customers will be office employees; • There will be approximately 5 employees at any given time; • The accessory bar will only have 14 seats; • The restaurant has limited seating with 22 seats in the 839-square-foot interior dining area and 32 seats in the 991-square-foot exterior area; • The outdoor area is existing common exterior seating area for the office building; • There are no late hours, no live entertainment or dancing; • The shared parking pool for KCN Site B is via gated entries and paid tickets; and • Employees and Uptown Newport residents can walk to the restaurant. The net public area used to determine required parking is the 839 square feet interior net public area and 781 square feet exterior dining patio (991 sq. ft. – 210 sq. ft.) for a total of 1,620 square feet. The Zoning Code allows for 25 percent of outdoor dining to not be counted towards parking requirements. Based on the Zoning Code parking ratio of 1 space per 50 square feet of net public area (1,620/50) 33 parking spaces are required. The existing office parking pool currently has a surplus of 12 parking spaces, so the net required spaces for the restaurant is 21 spaces, necessitating a parking waiver in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Newport Beach Municipal Code (NBMC). Off-Street Parking Waiver NBMC Sections 20.40.110(B) and 21.40.110(A) allow off-street parking requirements to be reduced with the approval of a conditional use permit, respectively, when the applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with NBMC Section 20.40.110(C) and 21.40.110(B). In this case, the applicant provided “5000 Birch Street Pour Vida Restaurant Parking Analysis” dated September 2, 2020 (Attachment No. PC 3). The study was prepared by a qualified professional, a traffic engineer, from LSA, Associates Inc. The analysis demonstrates that due to the locational characteristics, access to the restaurant is provided primarily via walking during peak weekday lunch hours. The restaurant will function primarily as an ancillary use to the office building and surrounding offices with primary customers being the employees of these offices. Therefore, during the peak weekday lunch hour, the majority of the customers will already be on-site and would not generate additional parking demand. The City’s parking rate does not account for this type of accessibility and the analysis is required to demonstrate the walkability. Additionally, the offices within KCN Site B and the adjacent residences at Uptown Newport have limited access to food uses within walking distance , which requires employees or residents to drive to other destinations to eat. Providing food service within the same office complex and adjacent uses will actually service to reduce vehicle trips 7 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 6 and the need for additional parking. Based on this, the parking study concludes that a parking deficit will not occur on site with the proposed restaurant added to the o ffice complex. Evening and weekend parking should not be an issue if patrons drive to the site because office uses typically only operate at reduced levels so plenty of parking will be available in the parking pool. To prove the walkability, the analysis provides pedestrian surveys of similar restaurant plaza within Jamboree Promenade (located at southwest corner of Jamboree Road and Dupont in Irvine) that is in close proximity to other office buildings. The survey observed 231 pedestrians during the 3-hour weekday lunch period and 56 pedestrians during dinner time hours, proving that based on the proximity of the surrounding office uses to the Jamboree Promenade, customers chose to walk and did not need to use (or park) a vehicle. This is evident by the fact that there is a parking surplus currently experienced at Jamboree Promenade. The analysis and conclusions of the study were reviewed and accepted by the City Traffic Engineer. Given the findings of the study that there is a lesser demand than NBMC requirement, there is no benefit or need for a parking management plan for this project. Condition of Approval No. 6 is included in the draft resolution to require a parking management plan if there is an identifiable parking conflict attributable to the project in the future. Conditional Use Permit Finding Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 8 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 7 Staff believes sufficient facts exist in support of the conditional use permit and they are set forth in the draft resolution for the project approval (Attachment No. PC 1). As previously discussed in the General Plan and Zoning Code subsections of this report, the proposed restaurant use is consistent with the land use designations for the project site. The project has been reviewed and conditioned to help ensure that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverag es will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The applicant has provided a parking demand analysis to substantiate waiving the increased parking demand of 21 spaces associated with the conversion of the existing office uses. The analysis, discussed in more detail in the Off-Street Parking and Waiver section above, concludes that the existing shared office parking is sufficient for the new restaurant due to the location of the restaurant within the office complex and the peak demand will occur at a time when the restaurant will primarily serve the employees that are already on-site or within walking distance. Condition of Approval No. 6 is included in the draft resolution to address any unforeseen parking-related impacts. The building is physically suitable to accommodate the use based upon staff’s evaluation of the plans. The proposed patio is located in existing common open spaces and does not eliminate parking or pedestrian areas. The location and surroundings suggest the use would be compatible considering the possibility of residential use on the abutting property. The restaurant will provide a service to employees of the surrounding businesses and neighborhood reducing vehicle trips. Application and implementation of the conditions of approval will reduce and avoid potential conflicts with the surrounding uses. The operator will be required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. Alternatives 1. The Planning Commission may require changes to the project to alleviate any concerns related to the design or the ability to make the required findings. If the changes are substantial, the item should be continued to a future meeting to allow the applicant to make the necessary adjustments and to allow staff to prepare a revised resolution incorporating new findings and/or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission may deny the application and provide facts in support of denial to be included in a resolution for denial. 9 Pour Vida Restaurant (PA2019-259) Planning Commission, October 22, 2020 Page 8 Environmental Review The project qualifies for a Class 1 (Existing Facilities) categorical exemption, per Section 15301 of the California Environmental Quality Act (CEQA). This exemption allows for the operation, repair, maintenance, and minor alteration of existing buildings. The project primarily involves interior tenant improvements to convert office space into restaurant space within an existing office building. Minor exterior alternations involve the installation of perimeter barriers around the outdoor dining area within an existing patio. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 PD Memo and Statistics PC 3 LSA Associates, Inc. Parking Analysis PC 4 Project plans 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 INTENTIONALLY BLANK PAGE12 RESOLUTION NO. PC2020-037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT UP2019-056TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENCE AND A PARKING WAIVER OF 21 PARKING SPACES AT A NEW EATING AND DRINKING ESTABLISHMENT LOCATED AT 5000 BIRCH STREET SUITE 150 (PA2019-259) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tim Strader Jr. (“Applicant”) on behalf of John Hancock Life Insurance Company (“Owner”), with respect to property located at 5000 Birch Street, Suite 150, and legally described as Parcel 5, Res 0731 of PM 181-13-19 (“Property) requesting approval of a Conditional Use Permit. 2. The Applicant seeks a conditional use permit to allow a Type 41 (On-Sale Beer and Wine) license with the Alcoholic Beverage Control (“ABC License”) at a new 3,027-square-foot restaurant, Pour Vida with 1,620 square feet of net public area (839 square feet interior and 991 exterior) in an existing 10-story office building within Koll Center Planned Community Office Site B (KCN Site B) (“Project”). The proposed hours of operation are 6:00 a.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m., Saturday and Sunday, with no late hours. There will be no live entertainment or dancing. Also included is a request to waive 21 parking spaces. 3. The Property is designated MU-H2 (Mixed-Use Horizontal) by the General Plan Land Use Element and located within the PC-15 (Koll Center Planned Community (Office Site B) Zoning District. 4. The Property is not located within the coastal zone, therefore, an amendment to the Coastal Land Use Plan or a coastal development permit are not required. 5. A telephonic public hearing was held on October 22, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code 13 Planning Commission Resolution No. PC2020-037 Page 2 of 16 01-25-19 of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project primarily involves interior tenant improvements to convert office space into restaurant space within an existing office building. Minor exterior alternations involve the installation of perimeter barriers around the outdoor dining area within an existing patio. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is located in Reporting District 34 (RD 34). The Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report – homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The crime rate in RD 34 was 78 crimes reported in 2019, which is higher than adjacent reporting districts RD 31, RD 36, and RD 33 and the citywide average. The higher crime rate is largely due to burglary or theft from vehicles due to the high concentration of office complexes and the high ratio of nonresidential to residential uses. The adjacent reporting districts are predominantly residential uses. The findings can be made despite higher concentrations of crimes and the area was designed to accommodate restaurants in support of the office complex. The service of alcoholic beverages would 14 Planning Commission Resolution No. PC2020-037 Page 3 of 16 01-25-19 provide additional menu options for customers and would enhance the economic viability of the business. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use and based on the location, operational characteristics, and closing hour of 11: 00 p.m., has no objection to the addition of the Type 41 alcoholic beverage license subject to appropriate conditions of approval. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. In RD 34, seventeen (17) percent of the arrests were for public intoxication, DUI, or liquor law violations. In comparison, the figure for neighboring RD 33 is nineteen (19) percent, RD 36 is thirty (30) percent and RD 31 is twelve (12) percent. The NBPD has reviewed the Project and has no objection to the Applicant’s request. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. Although the Property is located within a planned community for predominantly office uses, the General Plan land use designation is MU_H2 (Mixed Use Horizontal), which allows the horizontal intermixing of uses that may include office, multi-family residential and vertical mixed-use buildings. There is one (1) new residential development (Uptown Newport) located approximately 600 feet south from the Property and there is potential for additional residential development in the area. The Project will serve as a convenience to residents seeking dining options in closer proximity to their residences. The Type 41 ABC License with an eating and drinking establishment is not anticipated to significantly impact these adjacent land uses. 2. There are no parks, churches, schools, day cares or places of recreation within approximately 1,000 feet of the Project. The Project is surrounded by other commercial and office uses. 3. Eating and drinking establishments with incidental alcohol service are common in office areas and will serve as a convenience to future residents in this changing mixed-use neighborhood. The proposed Type 41 ABC License in conjunction with a sit-down restaurant is not anticipated to become detrimental to the area due to its location and limited hours of operation . The resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 15 Planning Commission Resolution No. PC2020-037 Page 4 of 16 01-25-19 iv. The proximity to other establishments selling alcoholic beverages for either off -site or on-site consumption. 1. The office area was designed to accommodate accessory restaurants that are lightly populated throughout. The closest food service establishment is the Parkstone Restaurant with a Type 47 (On-sale General) ABC License located approximately 650 feet away at 5180 Birch Street. The establishment is for a sit- down restaurant with no late hours. The next closest establishment is the Classic Q Restaurant and Bar with a Type 47 (On-Sale General) ABC License located approximately 1,600 feet away at 4251 MacArthur Boulevard. Approximately 500 feet away are various fast food restaurants on Jamboree Road that do not have ABC licenses. 2. The census tract has an approximate population of 5,139 residents with 95 active retail licenses. It should be noted this census tract also includes portions of Irvine, Costa Mesa, and Santa Ana. Only 23 of the 95 active retai l licenses are in the City of Newport Beach. The per capita ratio of tract 0626.1 is one (1) license for every 54 residents. Per Section §23958.4 of the Business and Professions Code, we must compare this per capita ratio to Orange County’s on-sale per capita ratio of one (1) license for every 446 residents. Since the area’s ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. The NBPD does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. v. Whether or not the proposed amendment will resolve a ny current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. 2. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 3. The establishment is required to close by 11:00 p.m., daily, which will ensure the use does not become a late-night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (“LEAD”) or Responsible Beverage Service (“RBS”) training. 16 Planning Commission Resolution No. PC2020-037 Page 5 of 16 01-25-19 In accordance with Subsection 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site as MU-H2 (Mixed-Use Horizontal), which is intended for an intermixing of uses in the Airport Area that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses such as restaurants. The full- service restaurant will provide a commercial service to the offices as well as visitors passing through the area on the weekend. The use will also provide a convenient dining option for current and future residents of the new residential development constructed and proposed in the neighborhood. 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan is necessary. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The PC-15 (Koll Center Planned Community Office Site B) Zoning District applies to Professional and Business Offices, and allows for accessory commercial services such as KCN Site B. A conditional use permit is required for the restaurant use within the Koll Center Office areas. 2. KCN Site B relies on Title 20 (Zoning Code) of the NBMC for restaurant off-street parking requirements. Title 20 (Zoning Code) classifies this use as a full-service restaurant (food service, eating and drinking establishment) and parking is required at a rate of one (1) parking space per 30 to 50 square feet of net public area, as determined by the use permit. In this case, a parking rate of one space per 50 square feet of net public area is appropriate for the proposed use based on several design and operational characteristics, including: the location is within an office complex surrounded by office uses, primary customers will be office employees; there will be only five (5) employees at any given time; there is an accessory bar area with 14 seats; there are only 22 seats in the 839-square-foot interior dining area and only 32 seats in 991-square-foot exterior area; the outdoor dining area is part of a larger existing exterior common seating area for the office building tenants and visitors; there is no late hours, no live entertainment or dancing; the shared parking pool for KCN Site B is via gated entries and paid tickets; and employees and Uptown Newport residents can walk to the restaurant. 17 Planning Commission Resolution No. PC2020-037 Page 6 of 16 01-25-19 3. KCN Site B currently provides a parking supply of 3,045 spaces, where a total of 3,051 spaces is currently required based upon the existing office floor area (6-space deficit). Title 20 (Zoning Code) requires parking for restaurants based on a calculation of net public area. The net public area included for the restaurant includes 839 square feet interior net public area and 781 square feet exterior dining patio (991 sq. ft. – 210 sq. ft.) for a total of 1,620 square feet; and allows for 25 percent of outdoor dining to not be counted towards parking requirements. Based on Title 20 (Zoning Code) the parking ratio of one (1) space per 50 square feet of net public area (1,620/50), 33 parking spaces are required. The existing office provides a credit of 12 parking spaces, so the net required spaces for Pour Vida restaurant is 21 spaces, necessitating a parking waiver in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC. 4. As discussed in the facts in Support of Finding G, a detailed parking analysis has been provided by LSA Associates Inc. concluding that during peak office hours of the KCN Site B, the Project will primarily serve customers in the same office building and locations within walking distance (i.e., 0.5 mile-radius) to the restaurant and will not generate additional parking demand. Currently, with few options for food use within walking distance, the Project will enable employees to remain on site and not generate new parking demand. When there is reduced office use activities occurring during d innertime and weekend hours, a significant surplus of parking spaces is available on site to support non-office employee customers. 5. Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the NBMC also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The surrounding office area is mostly vacant in the evenings. The closest residential use is Uptown Newport which is more than 500 feet away and is buffered by the subject 10-story office building and existing Jazz Conductor building between the proposed outdoor dining. The outdoor dining patio closing hour of 11:00 p.m. will minimize noise impacts to any potential future residential use in area. 6. As conditioned, the Project will comply with Zoning Code standards for eating and drinking establishments. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Project will provide an additional service to the office complexes within the neighborhood. The Project includes conditions of approval to ensure that the potential for conflicts is minimized to the greatest extent possible. 18 Planning Commission Resolution No. PC2020-037 Page 7 of 16 01-25-19 2. The Property and surrounding properties on the block and within the vicinity are developed with offices and supporting commercial uses. The closest residential use is more than 500 feet south behind a parking structure at Uptown Newport. There is potential for additional residential uses within the area; however, as conditioned, the allowed hours of operation will be Monday through Friday, 6:00 a.m. to 11:00 p.m., and Saturday through Sunday 9:00 a.m. to 11:00 p.m., which will minimize late night disturbances in the area. 3. The food service, eating and drinking establishment has appropriate trash areas within the dining areas. There is a larger trash enclosure behind the existing office building that will contain a dumpster that is dedicated to the restaurant use. 4. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. The Applicant is req uired to maintain the Property in substantial conformance with the approved floor plan in conjunction with a Type 41 (On Sale General - Eating Place) ABC License so that the restaurant’s primary use is a bona fide eating and drinking establishment and not a bar, lounge, or night club. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The existing office space is accessible from Birch Street and Von Karman Avenue which provides convenient access for motorists, pedestrians and bicyclists. 2. There is a sidewalk around the perimeter of the existing office building and at the entry that provides a path for pedestrians. Ample sidewalks are provided adjacent to the streets and parking lots of KCN Site B. 3. The Property is located within an existing office building and the tenant space will be improved for an eating and drinking establishment. All tenant improvements must comply with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be issued. 4. The existing office complex provides adequate access for emergency and utility vehicles and services. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise 19 Planning Commission Resolution No. PC2020-037 Page 8 of 16 01-25-19 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The addition of a Type 41 (On Sale Beer and Wine) ABC License provides a service to the surrounding offices and neighborhood. There are few walkable restaurants provided to the office areas and the new residential units at Uptown Newport. The Project will support the surrounding neighborhood as providing a needed service to the area. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. The proposed use includes limited hours and closes no later than 11:00 p.m. Off-Street Parking Reduction In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: Finding: G. The Applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); Facts in Support of Finding: 1. Section 20.40.110(B) of the NBMC allow off-street parking requirements to be reduced with the approval of a conditional use permit. When an applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with NBMC Section 20.40.110(C). In this case, the Applicant provided “5000 Birch Street Pour Vida Restaurant Parking Analysis” dated September 2, 2020. The study was prepared by a qualified professional, a traffic engineer, from LSA, Associates Inc. 20 Planning Commission Resolution No. PC2020-037 Page 9 of 16 01-25-19 2. The parking analysis demonstrates the potential parking demand for Pour Vida and the existing offices taking into account the peak parking demand during different hours of the day for the two (2) land uses that would share the same parking supply. The peak parking demand of the existing office complex and the Project would occur during the weekday’s mid-day, with a demand of 3,065 parking spaces that leaves a deficit of 20 parking spaces. The analysis also shows that weekday mornings and evenings and weekends show significant surplus parking. However, it is important to note that both the City’s parking requirement and the shared parking analysis assume the restaurant is operating as a primary standalone location with little interaction with the office employee customers already parking on site or nearby. The parking analysis concludes that in reality, during this peak time weekday times, the restaurant will function primarily as an ancillary use to the office complex and surrounding offices with primary customers being the employees of these offices. Restaurant customers are anticipated to already be on site and would not actually generate additional trips or parking demand for the proposed restaurant. The parking study finds that employees of the office complex and adjacent office buildings and residents of Uptown Newport currently have limited access to food uses within walking distance (approximately 0.5 miles), which requires employees or residents to drive to other destinations to eat. Providing food service within the same office complex and adjacent to their uses will actually service to reduce vehicle trips and the need for additional parking. Based on this, the parking study concludes that a parking deficit will not occur on site with the proposed restaurant added to the office complex. 3. The walkability was also sufficiently demonstrated in the parking analysis provided by LSA Associates Inc. To prove the walkability, the analysis provides pedestrian surveys of a similar restaurant plaza within Jamboree Promenade (located at southwest corner of Jamboree Road and Dupont in Irvine) that is in close proximity to other office buildings. The survey observed 231 pedestrians during the three-hour weekday lunch period and 56 pedestrians during dinner time hours, proving that based on the proximity of the surrounding office uses to the Jamboree Promenade, customers chose to walk and did not need to use (or park) a vehicle. This is evident by the fact that there is a parking surplus currently experienced at Jamboree Promenade. 4. The analysis and conclusions of the study were reviewed and accepted by the City Traffic Engineer. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 21 Planning Commission Resolution No. PC2020-037 Page 10 of 16 01-25-19 2. The Planning Commission of the City of Newport Beach hereby approves application No. UP2019-059, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22 DAY OF OCTOBER 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Eric Weigand, Chairman BY:_________________________ Lauren Kleiman, Secretary 22 Planning Commission Resolution No. PC2020-037 Page 11 of 16 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Use Permit No. UP2019-059 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code (“NBMC”), unless an extension is otherwise granted. 5. Prior to the issuance of any required building permits or initiation of a restaurant use, applicable Fair Share Traffic Fees shall be paid to convert the space from office to restaurant in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. The Owner shall be credited for the existing office use and shall pay the net difference for the restaurant use. 6. If there is a change in the restaurant operations or a change in the uses within the surrounding area that creates a deficiency in parking supply or results in a parking impact to surrounding businesses, the Applicant shall prepare and submit a parking management plan for review and approval by the City Traffic Engineer and Community Development Director. Additionally, if there are changes the parking analysis shall be updated, reviewed and approved by the City Traffic Engineer. 7. The hours of operation shall be between 6:00 a.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m., Saturday and Sunday. 8. The net public area of the interior of the restaurant shall not exceed 1,830 square feet of net public area (839 square feet interior and 991 square feet exterior). Any increase to these areas requires an amendment to this use permit and an updated parking analysis. 9. Appropriate barriers shall be placed between the outdoor dining area and common dining and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. 10. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or 23 Planning Commission Resolution No. PC2020-037 Page 12 of 16 01-25-19 maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 12. A copy of the resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 13. The site shall not be excessively illuminated based on the luminance recommendatio ns of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 14. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 17. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 18. No audible outside paging system shall be utilized in conjunction with this establishment. 24 Planning Commission Resolution No. PC2020-037 Page 13 of 16 01-25-19 19. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and scr eening purposes. 20. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 22. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendme nt to this Use Permit. 24. Storage outside of the building in the front or at the rear of the Property shall be prohibited, with the exception of the required trash container enclosure. 25. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as sp ecified in the NBMC to require such permits. 26. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s 25 Planning Commission Resolution No. PC2020-037 Page 14 of 16 01-25-19 approval of Pour Vida Restaurant and Parking Waiver including, but not limited to, PA2019- 259. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 28. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be Type 41 (On Sale Beer and Wine). 29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 30. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 31. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s, manager’s, and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 32. The quarterly gross sales of on-sale alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 33. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 34. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 35. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic 26 Planning Commission Resolution No. PC2020-037 Page 15 of 16 01-25-19 beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 36. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. 37. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 38. Strict adherence to maximum occupancy limits is required. 39. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. 40. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 41. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, or involve the sale of alcoholic beverages. 42. The Applicant shall maintain a security recording system with a 30 -day retention and make those recordings available to police upon request. Fire Department 43. An automatic sprinkler system shall be provided throughout establishements containing Group A-2 occupancies and throughout all stores from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: • The fire area exceeds 5,000 square feet • The fire area has an occupant load of 100 or more. • The fire area is located on a floor other than a level of exit discharge serving such occupancies. • The structure exceeds 5,000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by firewalls of less than 4-hour fire-resistance rating without openings. (California Fire Code Section 903.2.1.2) Building Division 44. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all 27 Planning Commission Resolution No. PC2020-037 Page 16 of 16 01-25-19 applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 45. The restaurant shall comply with Disable Access requirements. 46. All doors shall swing in direction of travel and shall be equipped with panic hardware when serving 50 or more occupants. 47. All doors in the series shall be separated a minimum four (4) feet plus the swing of door. 28 Attachment No. PC 2 PD Memo and Statistics 29 INTENTIONALLY BLANK PAGE30 31 32 33 34 35 INTENTIONALLY BLANK PAGE36 Attachment No. PC 3 LSA Associates, Inc. Parking Analysis 37 INTENTIONALLY BLANK PAGE38 CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net September 2, 2020 Melinda Whelan Assistant Planner Community Development Department ~ Planning Division City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: 5000 Birch Street (Pour Vida Restaurant) Parking Analysis—Revised Dear Ms. Whelan: A restaurant (Pour Vida) is proposed (project) to operate within an existing 308,556-square-foot (sf) office building at 5000 Birch Street in Newport Beach. The project is within Site B of the Koll Center Newport (KCN) site. As shown on Figure 1 (all figures provided in Attachment A), Site B includes a total of 967,803 sf of office use generally north of MacArthur Boulevard, south of Birch Street, and east of Von Karman Avenue. Access to the project site is provided primarily via gated driveways on Birch Street and Von Karman Avenue. Access to the southern portion of KCN Site B is also provided via gated driveways on MacArthur Boulevard and Jamboree Road. The purpose of the parking analysis is to determine whether adequate parking spaces would be provided within KCN Site B to accommodate the anticipated parking demand for the proposed Pour Vida restaurant. This parking analysis has been prepared based on review of the Minor Use Permit Application (December 12 and 19, 2019), the response email from the City of Newport Beach (City) (December 20, 2019), a City incomplete letter (January 9, 2020), the Planned Community Development Standards for Koll Center Newport (PC 15), and the City’s Off-Street Parking Requirements (Zoning Code Section 20.40.040). PROPOSED PROJECT The proposed Pour Vida restaurant will replace approximately 3,027 gross sf of vacant office use on the first floor of the 10-story office building. For purposes of parking estimation, the restaurant will include 1,620 sf of net public area (npa) (including outdoor patio space). Zoning Code Section 20-40-040 states that food service with/without alcohol, with/without late hours requires 1 parking space per 30–50 square feet of npa, including outdoor dining areas exceeding 25 percent of the interior npa or 1,000 sf, whichever is less. The following includes the parking calculation for the proposed restaurant. x Total net public interior space is 839 square feet 39 9/2/20 «\\vcorp12\projects\JHI2001\Parking Study4.docx» 2 x Total outdoor dining exceeding 25 percent of the interior npa is 781 sf [991 sf of outdoor patio – 210 sf (839 sf x 0.25 = 210) = 781] x 839 sf + 781 sf = 1,620 sf / 50 = 33 parking spaces required The restaurant’s business hours will be 6:00 a.m. to 11:00 p.m. Monday through Friday and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. As the parking for KCN Site B is currently gated, customer parking tickets will be validated by the restaurant. Pour Vida operates a restaurant in Anaheim’s Center Street Promenade in downtown Anaheim, across from Anaheim City Hall. The old location was 185 West Center Street Promenade. The restaurant is currently moving to a new location at 215 West Center Street Promenade (including 1,486 sf with 300 sf patio space). PARKING ANALYSIS City Parking Requirements Per PC 15, parking spaces are provided for the entirety of Site B as determined using the calculation below. The net floor area of Site B is a total of 967,803 sf. x For the first 125,000 sf, parking shall be provided at 1 space per 250 sf of net floor area (125,000/250 = 500 spaces). x For the next 300,000 sf, parking shall be provided at 1 space per 300 sf of net floor area (300,000/300 = 1,000 spaces). x For any additional floor area, parking shall be provided at 1 space per 350 sf of net floor area (542,803/350 = 1,551 spaces). Based on these calculations, a total parking supply of 3,051 spaces is required for KCN Site B. As shown on Figure 1, a total parking supply of 3,045 spaces is provided. An inventory of the total parking supply was conducted by Counts Unlimited, Inc. All parking spaces within Site B are common (shared) with employees and visitors of Site B, with the exception of the gated parking structure (291 spaces) adjacent to the 5000 Birch Street building. As described above, the City’s Zoning Code (Section 20.40.040) was referenced to determine the parking required for the proposed restaurant. The parking requirement for this type of restaurant is within a range of 1 space per 30 to 50 sf of npa pursuant to the use permit. The rate chosen within that range is based upon several considerations including physical design characteristics, operational characteristics, and the location details. Based on the City’s letter dated January 9, 2020, City staff determined that a parking rate of 1 space per 50 sf of net public area should be used based on the characteristics and location of the proposed restaurant. Based on the proposed square footages, the new restaurant would require 33 parking spaces (1,620 sf npa/50 = 32.4 spaces). As the current use is office space, the existing 3,027 sf would require 12 parking spaces (3,027 sf/250 = 12 spaces). Therefore, the proposed restaurant would require 21 net new parking spaces. 40 9/2/20 «\\vcorp12\projects\JHI2001\Parking Study4.docx» 3 Shared Parking The proposed project includes the conversion of existing office space to restaurant use within a 10-story office building. The City’s parking requirements do not take into account the peak parking demand during different hours of the day for different land uses that share the same parking supply. As such, a shared-parking analysis has been performed to determine the appropriate number of parking spaces for this project, including these time-of-day factors. The shared-parking analysis is consistent with the methodology presented in the Urban Land Institute (ULI) Shared Parking manual (2nd Edition). This was conducted to determine whether the parking supply within KCN Site B would accommodate the anticipated parking demand for Pour Vida restaurant during peak times of the day. Table A (Attachment B) shows the anticipated variation in parking demand by time of day generated by the KCN office uses and the proposed restaurant project. This table includes separate utilization percentages for weekdays and weekends. The office utilization is referenced from time-of-day factors provided in the ULI Shared Parking manual. The restaurant utilization is based on sales data provided by Pour Vida at its Anaheim facility, which was open between 9:00 a.m. and 9:00 p.m. The time-of-day factors are based on the average number of tickets (receipts/sales) on a weekday (Monday–Friday) and on weekends (Saturday and Sunday). The sales information used for the parking utilization is provided as Attachment C. As shown in the table, the peak shared-parking demand of the site is 3,065 spaces at 11:00 a.m. on a weekday. This would represent a parking deficit of 20 spaces compared to the overall supply of 3,045 spaces. A deficit of 15 spaces would occur at 11:00 a.m. on a weekend. The deficit in parking is based on the fact that the 3,051 office spaces are 100 percent occupied at 11:00 a.m. on both weekdays and weekends. It should be noted that the sales information for the Anaheim site does not include breakfast (prior to 9:00 a.m.) on a weekday. However, based on the parking analysis, there is a parking surplus of 2,953, 2,130, and 757 spaces at 6:00 a.m., 7:00 a.m., and 8:00 a.m., respectively. Therefore, the peak restaurant parking demand of 21 spaces would be accommodated during these early morning hours. It should also be noted that the ULI utilization rates for office use on a weekend (Saturday) show 100 percent at 11:00 a.m. (i.e., all 3,051 spaces filled). This is not representative of typical conditions at 5000 Birch Street and KCN Site B. The following table shows the entry gate data provided by the facility manager for Saturday, February 29–Sunday, March 8, 2020. As shown in the table, the number of weekend vehicles entering Site B is significantly less than vehicles entering the gates during weekdays. 41 9/2/20 «\\vcorp12\projects\JHI2001\Parking Study4.docx» 4 Date Entries Saturday, February 29 291 Sunday, March 1 297 Monday, March 2 3,582 Tuesday, March 3 3,760 Wednesday, March 4 3,725 Thursday, March 5 3,671 Friday, March 6 3,444 Saturday, March 7 365 Sunday, March 8 219 Source: Koll Center Newport Ancillary Use and Walkability The proposed restaurant will function as an ancillary use to the 5000 Birch Street office building and the surrounding uses. Pour Vida’s primary customers will be the employees who work within the 5000 Birch Street office building (308,556 sf) and employees of KCN Site B and beyond. Based on the Planned Community Development Standards, there is a total of 2,378,962 sf of commercial use within all of Koll Center Newport. The customers are already on site and would not generate additional trips or parking demand for the proposed restaurant. This is especially true during the weekday lunch hour, when office employees go downstairs or walk across the parking lot to have lunch. The City’s parking rate does not account for this interaction. Figure 2 illustrates the walkability (0.5-mile radius) for customers to/from the proposed restaurant. In addition, employees within Site B and adjacent office buildings and residents of Uptown Newport currently have limited access to food uses within walking distance (approximately 0.5 mile). This requires employees or residents to drive to other destinations to eat. Providing food service within the same office building and adjacent to these other uses will reduce vehicle trips and the need for additional parking spaces. As an example of the walkability of surrounding land uses that patronize nearby restaurant uses, pedestrian counts were surveyed at an existing retail/restaurant plaza within close proximity of commercial uses. The Jamboree Promenade plaza is on the southwest corner of Jamboree Road/Dupont in Irvine (less than 0.5 mile from the 5000 Birch Street site). A new office building (Boardwalk, at 18691 Jamboree Road) including 545,385 sf of office use is directly across the street (although not 100-percent leased and occupied). As shown on Figure 3, based on the proximity of the surrounding land uses to Jamboree Promenade, customers walk and do not need to use (or park) a vehicle. This is evident by the fact that there is a parking surplus currently experienced at Jamboree Promenade. To demonstrate this, pedestrian surveys were conducted by National Data & Surveying Services on two weekdays (January 30, 2019 and February 7, 2019) at the pedestrian connections to the Jamboree Promenade plaza via Teller Avenue (Entry 1), Dupont Drive (Entry 2), and Jamboree Road (Entry 3). The total number of pedestrians and their direction of travel (to/from Jamboree 42 9/2/20 «\\vcorp12\projects\JHI2001\Parking Study4.docx» 5 Promenade) were identified during the lunch period (between 11:00 a.m. and 2:00 p.m.) and the dinner period (between 4:00 p.m. and 7:00 p.m.). As shown in Table B (Attachment B), there is a total of 231 pedestrians during the 3-hour lunchtime (136 inbound and 95 outbound) and 56 pedestrians during the 3-hour dinnertime (30 inbound and 26 outbound). This data shows that there is significant interaction between surrounding land uses and restaurant use without the need to park a vehicle. CONCLUSION During peak office hours of KCN Site B, the proposed Pour Vida restaurant will primarily serve customers in the same office building and locations within walking distance (i.e., 0.5-mile radius) to the restaurant. Weekday lunchtime is the highest parking demand, as dinnertime and the weekend will have adequate parking spaces available on site. Data provided in this parking analysis shows that the parking demand for the office and restaurant use would result in a deficit of only 20 spaces within the 3,045 spaces provided on site (i.e., less than 0.7 percent of the total parking supply). However, this assumes that the restaurant is primarily a standalone location with little interaction with the office employee customers already parked on site. With few options for food use within walking distance today, the proposed restaurant will enable employees to remain on site and not generate new parking demand. Based on this, it is not expected that a parking deficit will occur on site with the proposed Pour Vida restaurant added to the office building. I trust you will find this information useful in your planning efforts. If you have any questions, please call me at (949) 553-0666. Sincerely, LSA Associates, Inc. Ken Wilhelm Principal Attachments: A: Figures 1–3 B: Tables A and B C: Pour Vida Utilization 43 P ARKING A NALYSIS S EPTEMBER 2020 5000 B IRCH S TREET (POUR V IDA R ESTAURANT) N EWPORT B EACH, C ALIFORNIA \\vcorp12\projects\JHI2001\Parking Study4.docx «09/02/20» ATTACHMENT A FIGURES 1–3 Figure 1: Site B Parking Supply Inventory Figure 2: Walking Distance to/from 5000 Birch Figure 3: Pedestrian Activity at Jamboree Promenade 44 SOURCE Google Earth: FEET 4502250 N FIGURE 1 Site B Parking Supply Inventory I:\JHI2001\G\Site B Parking Inventory.cdr (6/23/2020) 5000 Birch Parking Bi r c h S t Bi r c h S t Von Karman AveVon Karman AveMacArthur BlvdMacArthur BlvdJamboree RdJamboree Rd - Parking Supply - Total Parking Supply - KCN Site B XX 3,045 LEGEND Project Site 168 Area 1Area 1 94 Area 2Area 2 291 StructureStructure 140 Area 3Area 3 134 Area 4Area 4 36 Area 5Area 5 56 Area 6Area 6 440 Area 7Area 7 199 Area 8Area 8 84 Area 9Area 9 89 Area 10Area 10 458 Area 16Area 16 179 Area 11Area 11 199 Area 13Area 13 329 Area 14Area 14 68 Area 12Area 12 81 Area 15Area 15 45 SOURCE Google Earth: FEET 8004000 N FIGURE 2 Walking Distance to/from 5000 Birch I:\JHI2001\G\Walking Distance.cdr (6/23/2020) 5000 Birch Parking Bi r c h S t Bi r c h S t Von Karman AveVon Karman AveMacArthur BlvdMacArthur BlvdJamboree RdJamboree Rd C a m p u s B l v d C a m p u s B l v d 1/2 Mile R a d i u s 1/2 Mile R a d i u s 46 SOURCE Google Earth:FEET3801900NFIGURE 3Pedestrian Activity at Jamboree PromenadeI:\JHI2001\G\Promenade Pedestrian.cdr (6/25/2020)5000 Birch ParkingJamboree RdJamboree RdDupont DrDupont DrTeller AveTeller AveRetail/Restaurant(Jamboree Promenade)Retail/Restaurant(Jamboree Promenade)Office(Allergan)Office(Allergan)Office(Boardwalk)Office(Boardwalk)Residential(Villa Siena/Toscona)Residential(Villa Siena/Toscona)FutureResidential(Elements)FutureResidential(Elements)LEGENDPedestrian CirculationCampus DrCampus Dr47 P ARKING A NALYSIS S EPTEMBER 2020 5000 B IRCH S TREET (POUR V IDA R ESTAURANT) N EWPORT B EACH, C ALIFORNIA \\vcorp12\projects\JHI2001\Parking Study4.docx «09/02/20» ATTACHMENT B TABLES A AND B 48 size= 967,803 SF size= 1,620 NPA demand= 3,051 spacesdemand= 21 spacesResidual/ Time spacesspacesUtilized Provided (Deficit) 6:00 AM 92 0 92 3,045 2,953 7:00 AM 915 0 915 3,045 2,130 8:00 AM 2,288 0 2,288 3,045 757 9:00 AM 2,898 0 2,898 3,045 147 10:00 AM 3,051 1 3,052 3,045 (7) 11:00 AM 3,051 14 3,065 3,045 (20) 12:00 PM 2,746 21 2,767 3,045 278 1:00 PM 2,746 11 2,757 3,045 288 2:00 PM 3,051 9 3,060 3,045 (15) 3:00 PM 3,051 7 3,058 3,045 (13) 4:00 PM 2,746 8 2,753 3,045 292 5:00 PM 1,526 10 1,535 3,045 1,510 6:00 PM 763 8 771 3,045 2,274 7:00 PM 305 9 314 3,045 2,731 8:00 PM 214 6 220 3,045 2,825 9:00 PM 92 1 93 3,045 2,952 10:00 PM 31 0 31 3,045 3,014 11:00 PM 0 0 0 3,045 3,045 PeakSharedParkingDemand 3,065 ParkingSupply 3,045 Residual/(Deficit)(20) size= 967,803 SF size= 1,620 NPA demand= 3,051 spacesdemand= 21 spacesResidual/ spacesspacesUtilized Provided (Deficit) 7:00 AM 610 0 610 3,045 2,435 8:00 AM 1,831 0 1,831 3,045 1,214 9:00 AM 2,441 1 2,441 3,045 604 10:00 AM 2,746 3 2,749 3,045 296 11:00 AM 3,051 9 3,060 3,045 (15) 12:00 PM 2,746 10 2,756 3,045 289 1:00 PM 2,441 21 2,462 3,045 583 2:00 PM 1,831 16 1,846 3,045 1,199 3:00 PM 1,220 12 1,233 3,045 1,812 4:00 PM 610 8 618 3,045 2,427 5:00 PM 305 12 317 3,045 2,728 6:00 PM 153 14 166 3,045 2,879 7:00 PM 0 14 14 3,045 3,031 8:00 PM 0 17 17 3,045 3,028 9:00 PM 0 4 4 3,045 3,041 10:00 PM 0 0 0 3,045 3,045 11:00 PM 0 0 0 3,045 3,045 PeakSharedParkingDemand 3,060 ParkingSupply 3,045 Residual/(Deficit) (15) ()Negativevalues=parkingdeficit. SF=squarefeet NPA=NetPublicArea(sf) 1ParkingrequiredperthePlannedCommunityDevelopmentStandardsforKollCenterNewport(PC15)SiteB Spaces TableA:5000Birch(PourVida)SharedParkingAnalysis Weekday KCNSiteBOfficeUse1 ProposedRestaurant2 %utilization3 %utilization4 3%0% 30%0% 75%0% 95%0% 100%6% 100%67% 90%100% 90%53% 100%44% 100%33% 90%36% 50%47% 25%39% 10%41% 7%29% 3%5% 1%0% 0%0% Weekend KCNSiteBOfficeUse1 ProposedRestaurant2 Spaces Time %utilization3 %utilization4 20%0% 60%0% 80%3% 90%16% 100%42% 90%47% 80%100% 60%74% 40%58% 20%37% 10%55% 5%66% 0%68% 0%79% 0%21% 0%0% 0%0% 2RestaurantparkingdemandbasedonCityLetterdated1/9/20(1,620sfnetpublicarea@50spaces/sf=33spaces,less 12spacesrequiredforexistingofficeuse.Totalprojectdemand=21spaces).KCNSiteBrequiresatotalof3,051spaces, however3,045spacesareprovided. 3ParkingutilizationbasedontheUrbanLandInstitute(ULI)SharedParkingforOfficeuse,2ndEdition. 4ParkingutilizationbasedonaveragePourVidasalesdatafromAnaheimlocation. 49 InboundOutboundDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageDay1TotalDay2TotalAverageTotalAverageTotalAverage101000122000101101 4 11 3 2 0 0 0 12 2 7 3 5 4 1 3 2 0 0 0 11 45 2 4 1 2 2 9 4 7 1 1 1 3 2 3 2 2 2 14 52 4 3 4 2 3 7 11 9 4 2 3 4 0 2 3 0 2 14 86 5 6 0 1 1 13 9 11 1 3 2 3 0 2 4 1 3 19 62 4 3 6 2 4 9 3 6 9 4 7 6 2 4 3 0 2 13 132 2 2 6 4 5 6 15 11 6 4 5 2 5 4 4 1 3 17 133 6 5 10 4 7 8 3 6 5 8 7 2 3 3 2 1 2 14 162 0 1 1 7 4 10 10 10 5 10 8 0 0 0 3 0 2 11 140 1 1 3 5 4 9 2 6 4 4 4 1 0 1 2 1 2 8 10101101513111423101 7 3000000212513243212 5 525 27 26 32 27 30 91 63 77 44 43 44 29 21 25 27 7 17 136 95ͲͲ16ͲͲ20ͲͲ37ͲͲ27ͲͲ13ͲͲ1063 56101000101000021000 3 0101000111000000122 2 2011011101011302000 4 2011101101000302111 4 2000000101021053333 4 4000101174011111174 5 6000000000000222264 2 4000101000021201132 1 4000000011032212201 3 3000000011000011101 1 1000000000000111000 1 0000000000011011000 1 12 2 2 3 1 2 6 10 8 0 10 5 14 14 14 12 22 17 30 26ͲͲ4ͲͲ3ͲͲ7ͲͲ4ͲͲ8ͲͲ13 17 18peakhourofpedestriantraffic.Day1countscollectedbyNationalDataandSurveyingServices(NDS)onWednesday,January30th,2019.Day2countscollectedbyNationalDataandSurveyingServices(NDS)onThursday,February7th,2019.4:45PM4:30PM4:00PMMiddayPeakHourTotalInbound11:00AM11:15AM11:45AM11:30AM1:45PM1:30PM1:15PM1:00PM12:45PM12:30PM12:15PM6:00PM5:45PM5:30PM5:15PM5:00PMPMPeakHourTotalPMTotal6:45PM6:30PM6:15PM4:15PM12:00PMJamboreePromenadePlazaTableB:JamboreePromenadePedestrianSurveySummaryMiddayTotalInboundOutboundOutboundTimeInboundOutboundEntrance1Entrance2Entrance3P:\JHI2001\PedestrianSurveySummary.xlsx8/6/202050 P ARKING A NALYSIS S EPTEMBER 2020 5000 B IRCH S TREET (POUR V IDA R ESTAURANT) N EWPORT B EACH, C ALIFORNIA \\vcorp12\projects\JHI2001\Parking Study4.docx «09/02/20» ATTACHMENT C POUR VIDA UTILIZATION 51 April 23, 2020 To Whom It May Concern: The following chart represents the number of sales tickets we receive within each hour during our regular business week. As you can see, on most days our peak times are right between 11 AM – 1 Pm and again from 6 PM – 8 PM. The only other day with another relative spike would be Sunday around 3 PM; Sunday is the only day that we offer Happy Hour all day. Number of Sales Tickets Within Each Hour Survey from 185 W. Center Street Promenade, Anaheim The data included in this chart was populated via Clover, our POS system for our Anaheim location. Sincerely, Jimmy Martinez President, Pour Vida Latin Flavor Inc. 0 5 10 15 20 25 30 9 10 11 12 1 2 3 4 5 6 7 8 9# of Tickets Within Each HourRegular Business Hours Monday Tuesday Wednesday Thursday Friday Saturday Sunday July 08, 2020 52 MondayTuesdayWednesdayThursdayFridayAverageUtilization% SaturdaySundayAverageUtilization%9:000 0 0 0 0 0 0% 1 0 1 3%10:001 0 0 0 4 1 6% 2 4 3 16%11:005 18 6 9 20 12 67% 5 11 8 42%12:0015 28 11 14 19 17 100% 6 12 9 47%1:005 12 12 11 6 9 53% 14 24 19 100%2:006 12 7 8 5 8 44% 14 14 14 74%3:003 8 4 5 9 6 33% 6 16 11 58%4:008 4 5 6 8 6 36% 7 7 7 37%5:005 7 15 9 5 8 47% 14 7 11 55%6:003 3 15 10 3 7 39% 10 15 13 66%7:006 6 6 9 9 7 41% 5 21 13 68%8:001 2 13 5 4 5 29% 24 6 15 79%9:000 0 0 0 4 1 5% 8 0 4 21%Note:InformationreferencedfromPourVidaletter,datedApril23,2020.TimeWeekdayNumberofTicketsWeekendPourVidaHourlyParkingUtilization53 INTENTIONALLY BLANK PAGE54 Attachment No. PC 4 Project Plans 55 INTENTIONALLY BLANK PAGE56 127)255(*8/$725<$33529$/ 3(50,77,1*25&216758&7,21 'HYHORSHGIRU-RE1XPEHU 'DWH3XEOLVKHG &KHFNHG%\ 6FDOH ARCHITECTURE ENGINEERING INTERIORS LANDSCAPE ARCHITECTURE PLANNING 949-261-1001 Office 949-260-1190 Fax LPADesignStudios.com 5301 California Avenue, Suite 100 Irvine, California 92617 6XEPLWWDO'DWH7KLVGRFXPHQWDQGDOORWKHUSURMHFWGRFXPHQWV LGHDVDHVWKHWLFVDQGGHVLJQVLQFRUSRUDWHG WKHUHLQDUHLQVWUXPHQWVRIVHUYLFH$OOSURMHFW GRFXPHQWVDUHFRS\ULJKWSURWHFWHGDUHWKH SURSHUW\RI/3$,QF/3$DQGFDQQRWEHODZIXOO\ XVHGLQZKROHRULQSDUWIRUDQ\SURMHFWRUSXUSRVH H[FHSWDVVHWIRUWKLQWKHFRQWUDFWXDODJUHHPHQW EHWZHHQ/3$DQGLWV&OLHQW7KHXQDXWKRUL]HG GLVFORVXUHDQGRUXVHRIWKHSURMHFWGRFXPHQWV LQFOXGLQJWKHFUHDWLRQRIGHULYDWLYHZRUNVPD\ JLYHULVHWROLDELOLW\IRUFRS\ULJKWLQIULQJHPHQW XQODZIXOGLVFORVXUHXVHRUPLVDSSURSULDWLRQRI SURSHUW\ULJKWVKHOGE\/3$7KHXQDXWKRUL]HG XVHRIWKHSURMHFWGRFXPHQWVZLOOJLYHULVHWRWKH UHFRYHU\RIPRQHWDU\ORVVHVDQGGDPDJHV LQFOXGLQJDWWRUQH\IHHVDQGFRVWVIRUZKLFKWKH XQDXWKRUL]HGXVHUZLOOEHKHOGOLDEOH 3URMHFWGRFXPHQWVGHVFULEHWKHGHVLJQLQWHQWRI WKHZRUNDQGDUHQRWDUHSUHVHQWDWLRQRIDVEXLOW RUH[LVWLQJFRQGLWLRQV/3$LVQRWUHVSRQVLEOHIRU DQ\GLVFUHSDQFLHVEHWZHHQWKHSURMHFWGRFXPHQWV DQGWKHH[LVWLQJFRQGLWLRQV /3$,QF SITE PLAN 1/32"=1'-0" 19076.10 12.11.2019 ML SK-01.0POUR VIDA5000 BIRCH STREET, SUITE 120NEWPORT BEACH, CAJOHN HANCOCKSCOPE OF WORK SEE ENLARGED PLAN ON SK-01.1 SITE PLAN 011/32" = 1'-0"VICINITY MAP N.T.S.02 TRASH ENCLOSURE PA2019-259 57 INTENTIONALLY BLANK PAGE58 127)255(*8/$725<$33529$/ 3(50,77,1*25&216758&7,21 'HYHORSHGIRU-RE1XPEHU 'DWH3XEOLVKHG &KHFNHG%\ 6FDOH ARCHITECTURE ENGINEERING INTERIORS LANDSCAPE ARCHITECTURE PLANNING 949-261-1001 Office 949-260-1190 Fax LPADesignStudios.com 5301 California Avenue, Suite 100 Irvine, California 92617 6XEPLWWDO'DWH7KLVGRFXPHQWDQGDOORWKHUSURMHFWGRFXPHQWV LGHDVDHVWKHWLFVDQGGHVLJQVLQFRUSRUDWHG WKHUHLQDUHLQVWUXPHQWVRIVHUYLFH$OOSURMHFW GRFXPHQWVDUHFRS\ULJKWSURWHFWHGDUHWKH SURSHUW\RI/3$,QF/3$DQGFDQQRWEHODZIXOO\ XVHGLQZKROHRULQSDUWIRUDQ\SURMHFWRUSXUSRVH H[FHSWDVVHWIRUWKLQWKHFRQWUDFWXDODJUHHPHQW EHWZHHQ/3$DQGLWV&OLHQW7KHXQDXWKRUL]HG GLVFORVXUHDQGRUXVHRIWKHSURMHFWGRFXPHQWV LQFOXGLQJWKHFUHDWLRQRIGHULYDWLYHZRUNVPD\ JLYHULVHWROLDELOLW\IRUFRS\ULJKWLQIULQJHPHQW XQODZIXOGLVFORVXUHXVHRUPLVDSSURSULDWLRQRI SURSHUW\ULJKWVKHOGE\/3$7KHXQDXWKRUL]HG XVHRIWKHSURMHFWGRFXPHQWVZLOOJLYHULVHWRWKH UHFRYHU\RIPRQHWDU\ORVVHVDQGGDPDJHV LQFOXGLQJDWWRUQH\IHHVDQGFRVWVIRUZKLFKWKH XQDXWKRUL]HGXVHUZLOOEHKHOGOLDEOH 3URMHFWGRFXPHQWVGHVFULEHWKHGHVLJQLQWHQWRI WKHZRUNDQGDUHQRWDUHSUHVHQWDWLRQRIDVEXLOW RUH[LVWLQJFRQGLWLRQV/3$LVQRWUHVSRQVLEOHIRU DQ\GLVFUHSDQFLHVEHWZHHQWKHSURMHFWGRFXPHQWV DQGWKHH[LVWLQJFRQGLWLRQV /3$,QF G ENLARGED PLAN 3/16"=1'-0" 19076.10 12.11.2019 ML SK-01.1POUR VIDA5000 BIRCH STREET, SUITE 120NEWPORT BEACH, CAJOHN HANCOCKFIRST FLOOR PLAN - ENLARGED PLAN 3/16" = 1'-0"01 ENTRY DINING BAR HALLWAY RESTROOMOOOO RESTROOMOO ORDER FOODOOOOOOOOOFFOOOOOOOOOOOOOO PICK UPUPUPKKKKKKKKKKKKUPKUUPPKKKKKKKKPPPP BAR COOLER WORK ROOM CHANGINGNGNGNNGNGNNNNG ROOM DISHWASH AREA HALL WAY KITCHEN PREP. JAN. REFRIG.R GRRRRRRR AREA STORAGE ELECTRICAL ROOM HALLWAY FREEZER AREAAARRRRRRRRREEE 991 S.F. 839 S.F. NET PUBLIC AREA Interior Net Public Area Summary: 839 SF Patio Net Public Area Total: 991 SF Net Public Area Total for Parking: 1,830 SF Subtract 25% Calculation 210 SF Total SF Use for Parking: 1,620 SF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 34 33 32 47 48 49 50 51 52 5453 36 3538 37 39 42 41 40 46 43 4445 PA2019-259 59 INTENTIONALLY BLANK PAGE60 127)255(*8/$725<$33529$/ 3(50,77,1*25&216758&7,21 'HYHORSHGIRU-RE1XPEHU 'DWH3XEOLVKHG &KHFNHG%\ 6FDOH ARCHITECTURE ENGINEERING INTERIORS LANDSCAPE ARCHITECTURE PLANNING 949-261-1001 Office 949-260-1190 Fax LPADesignStudios.com 5301 California Avenue, Suite 100 Irvine, California 92617 6XEPLWWDO'DWH7KLVGRFXPHQWDQGDOORWKHUSURMHFWGRFXPHQWV LGHDVDHVWKHWLFVDQGGHVLJQVLQFRUSRUDWHG WKHUHLQDUHLQVWUXPHQWVRIVHUYLFH$OOSURMHFW GRFXPHQWVDUHFRS\ULJKWSURWHFWHGDUHWKH SURSHUW\RI/3$,QF/3$DQGFDQQRWEHODZIXOO\ XVHGLQZKROHRULQSDUWIRUDQ\SURMHFWRUSXUSRVH H[FHSWDVVHWIRUWKLQWKHFRQWUDFWXDODJUHHPHQW EHWZHHQ/3$DQGLWV&OLHQW7KHXQDXWKRUL]HG GLVFORVXUHDQGRUXVHRIWKHSURMHFWGRFXPHQWV LQFOXGLQJWKHFUHDWLRQRIGHULYDWLYHZRUNVPD\ JLYHULVHWROLDELOLW\IRUFRS\ULJKWLQIULQJHPHQW XQODZIXOGLVFORVXUHXVHRUPLVDSSURSULDWLRQRI SURSHUW\ULJKWVKHOGE\/3$7KHXQDXWKRUL]HG XVHRIWKHSURMHFWGRFXPHQWVZLOOJLYHULVHWRWKH UHFRYHU\RIPRQHWDU\ORVVHVDQGGDPDJHV LQFOXGLQJDWWRUQH\IHHVDQGFRVWVIRUZKLFKWKH XQDXWKRUL]HGXVHUZLOOEHKHOGOLDEOH 3URMHFWGRFXPHQWVGHVFULEHWKHGHVLJQLQWHQWRI WKHZRUNDQGDUHQRWDUHSUHVHQWDWLRQRIDVEXLOW RUH[LVWLQJFRQGLWLRQV/3$LVQRWUHVSRQVLEOHIRU DQ\GLVFUHSDQFLHVEHWZHHQWKHSURMHFWGRFXPHQWV DQGWKHH[LVWLQJFRQGLWLRQV /3$,QF 3D VIEWS N.T.S. 19076.10 12.11.2019 ML SK-01.2POUR VIDA5000 BIRCH STREET, SUITE 120NEWPORT BEACH, CAJOHN HANCOCKBAR E104 (DESIGN INTENT ONLY) I 09 ENTRY E100 (DESIGN INTENT ONLY) I 03 ENTRY E100, ORDER E102, FOOD PICK UP E103 & BAR E104 (DESIGN INTENT ONLY) I 02COUNTER E105 & VESTIBULE E118 (DESIGN INTENT ONLY) I 08 DINING E101 (DESIGN INTENT ONLY) I 01 PA2019-259 61 INTENTIONALLY BLANK PAGE62 From:Adriana Fourcher To:Planning Commissioners Subject:Public comments on Pour Vida Restaurant application - including attachments of docs related to Parking Issues at Koll Center Newport Date:Wednesday, October 21, 2020 4:56:51 PM Attachments:Comments on Pour Vida Restaurant application.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Please find attached comments to be included in the public record on the application for a restaurant to be added within Koll Center Newport with a request for a waiver of 21 parking spaces. The justification of the waiver of 21 parking spaces does not take into account existing issues and the way that current businesses use Koll Center (including patronizing 21Carrots restaurant on MacArthur). This letter establishes that there are existing parking issues within Koll Center Newport and in close proximity to the proposed location of the restaurant. Decisions need to be made in context to the existing businesses and the potential future developments which will generate parking issues at Koll Center Newport. Thank you. Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) Adriana Fourcher Fourcher4340, LLC 4340 Von Karman Ave., Suite 400 Newport Beach, CA. 92660 October 21, 2020 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA. 92660 Re: Pour Vida Restaurant -Conditional Use Permit and Request for waive of 21 parking spaces Dear Commissioners: groundlevel parking spaces within Koll Center Newport. As you are aware, Koll Center Newport is aplanned communis development. Each building owner and each Condo Owner was required to agree to the erms o, the CCgiR's for Koll Center Newport in order to Cose escrow. Instead of attaching a159-page ReuZ h""'“Z ' '>»*'’ a n dRetail space have prescribed parking criteria, reasons why parking spaces need to be counted and allocated for Restaurant businesses within Koll Center Newport: These are three basic Retail and 1.Awaiver for parking spaces is afalse assumption that employees of, not require transportation. (24Carrot Restaurant at 4000 MacArthur Newport has parking. It Is a7-minute walk from 4340 Von Karman, but Koll Center occupants not necessarily always going to walk, depending on the weather, their ability to walk and other factors. Likewise, take out lunches for group meetings typically Existing business owners and tenants have already made an i increase arestaurant and patrons do Boulevard in Koll Center require avehicle.) an investment in Koll Center. The Iparking criteria, are being taken away from businesses. (See Attached Excerpts from 2. mretail and restaurant space needs to comply with existing prescribed otherwise parking spaces CC&R's) 3.It IS good planning and equitable to require the applicant to be allocated parking spaces for Pour Vida Restaurant, just like all other commercial businesses in Koll Center Newport If the restaurant is allocated parking spaces, then CBRE and Koll Center Newport will not be able to borrow spaces from other Newport building owners' allocations when future parking issues arise. The attached letter shows that although CBRE on behalf of Koll Center, has been willing to increase our parking card requests, they may revoke the parking cards if parking issues arise in the area. (See Attached Letter and Attached Email exemplifying existing parking issues prior to new construction and/or addition of retail/restaurant which is more intensive) Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) For the record,»rl,i°r "O' a l l o c a t e dpark,ng spaces. At almost full occupancy (Pre-Covid) we had 217 parking cards plus some businesseswere leasing covered parking from John Hancock, saying that our allocation is only 197 spaces based usable square feet. We needed over 220 parking spaces. Koll Center is upon their formula of 3.16 parking spaces per 1,000 '* or the CCSrP's line up with Koll Center ewport sparking allocation. See the attached excerpts from the CC&R's, page 14 which shows that the Assumed Parking Criteria is one (1) space per 225 square feet of net building If we applied Koll's number for usable square footage of 62,424 square feet for 4340 Von Karman and divided by 225 square feet, there would be 277 spaces allocated to 4340 Von Karman. Ibelieve we need to have at least 220 parking spaces that cannot be revoked and that we are not charged for excess parking in light that another applicant is applying to build aparking structure that eliminates 75 surface parking spaces directly adjacent to 4340 Von Karman with no assurances of free access, it is not equitabie for the 5000 Birch property to build out arestaurant and then request awaiver for the 21 parking spaces that otherwise would need to be There is not sufﬁcient common area @120 cars per acre. on. accounted for over by 5000 Birch, area parking that is convenient to 4340 Von Karman, let alone other building owners in Koll Center Newport. One should not borrow parking spaces by our building and then waive parking allocations over by the subject property where the proposed restaurant and future residential projects will be creating congestion. Thank you in advance for your consideration of these points. Ispeak for anumber of business owners. Because of Covidl9 and people working out of their home, there wasn't an opportunity to garner signatures from other business owners in our building. We anticipate that once the Covidl9 stigma is gone that our building will quickly go back to occupancy business owners tend to come to work and will want to get back to normal. Sincerely, since Adriana Fourcher Attachments: Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) ●! RECOHDI»G REQUESTED BY AND ' WHEN RECORDED RETURN TO; ^ 0Holveny i‘Myers 6:a V/est 6th Street Lm Angeles, California 90017 Attention; Jerold L. Miles ;T7,/^x/^7Oats Rccc/cfccJ_ Book . , O f C i c I j l R o c o f ^ S s o f C 7 Pare ●I-; Cou^^/ .●V■/:Document No., .‘-■ ●^ ; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ●_KOLL CENTER NEWPORT PREAMBLE ●.THIS DECLARATION, which la made as of the l8th day of[^une,; 1973 KOLL CENTER hfEVPORT, llmlteci partnership (hereinafter and replaces that certain Declaration dltions and Restrictions datedVNovember 2, Hove»,b«r 6, 1972 In B^olc 10U3, Page 55<l, In the Ofﬁcial Records of Orange County. 2, 1972 Is hereby declared only with respect to the .as to all other property described therein. aCalifornia Declarant"), supersedes of Covenants, Con- 1972, recorded I! 7-i: ; ; r.- '●●●: ● ■7;/^ Said Declaration dated Novemb r e v o k e d f o r a l l er: V purposes,, not property described herein but -also 1 :● : Declarant is the ovmer of certain*real property Property") mthe City of Nevrport Beach, described rTract No. 7953, Pagaa 7t.hrough 11 of Klaccaancouc Sapa, Ofﬂol.l SccorOa or orange County. «■* ' (hereinafter the C o u n t y o f M V- Orange,State of Callfor.nia, 5. 6, 8, 9, 10, 12, 13 and lH 0 a s L o t s as shown on aTract Hap recorded In Book 310, ; ,V V.V ; * D e c l a r a n t I s a b o u t to sell, lease,o r o t h e r w i a o exhibit B-1 '1 i i J |c Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) Pcx§ji Q3 MENT CONSIDERy^ONS (1)f DEVELOP annjrri« fpeviilopnient is aprojeci of The Koil Company. This area is mostap^opnate for commero.al and light industrial uses, and therefore we submit the enclosed artrafﬁc analysis, vehicular analysis, land use analysis and market analysis to substant ale this of approximately 179.0 acres bounded on the northeast by Campus Drivehe southeast by Jamboree Road and on the west by MacArthur Boulevard. (10) rtuJrtd 'priorTn the master plan concept, areview shall besnhm tf HKfK issuance of any building permits, aprecise development plan shall besubmitted by the developer to the Planning Director for review. This precise plan shall confo™eio'r'dTn K«^"er applicable coZ Idregulations and shall be approved pnor to submission by The Koll Company Includedplan review material shall be; ^ on in the 1.Building Criteria a. size b. location c. height d. materials 2.Parking Criteria a. areas, including drives and accesses b. quantity c. size 3.Landscaped Areas a. setbacks b. walls c, plazas d. pools, fountains and/or other amenities Signing Criteria4. a. location b. size c. quantity 5.All other site improvements as directed by the Planning Director and recommended below. Items 5a tlirough 5e inclusive. as GXC-er^- M o 1 5 1 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) PARTE COMMERCIAL I Site Area and Building Area professional &RT JS;T7vJFSS OFFTOE.q Section I. Group I Acreages shown are net buildable land property lines. (4) Building Site.s (4) area including landscape setbacks with A. Total Acreage 30.939 acres * 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres CR) 122J74 acres (8)(10)(11) Ofﬁce AcreageSite A Site B Site C Site D SiteE SiteF Site G 30.939 acres * 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres fS) ^^^S2±m^(8)(W)(l I) B.Ajjgwable Building Ama Site A Site B SiteC Site D SiteE SiteF Site G 340,002 square feet (16) 963,849 square feet (13)(16) 674,800 square feet (10)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square feet (4) ^,000 square feet (8) 2,320.600 square feet 2,320,600 square feef (15) C.Statistical Analy;;^(4) The following statistics are for infonnation only. Development may include but shall not be limited to the following: Stoij heights shown are average heights for possible developmentbuildings within each parcel may vaiy. ''^lopment. Assumed Parking GritcHa- The One (I) yace per 225 square feet of net building area (2 120 carsper acre for Sites C,D,E,F and G. ® a. I14 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) fo-- hotel end moteland 2.0 acres of lake within Ofﬁce Site A. Therefore there are "^n q-^qnet within Ofﬁce Site A. (3)(4)(16) there are 30.939 acres One (1) space per 300 square feet of net building area (a) 120 cars per acre for Sites A, Band C. (11) b. Site A Allowable Building Area Site Area 340,002 square feet (16) 19.399 acres *(3)(4)(16) Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten stoiy development Eleven story development Twelve story development Parking 1,133 cars a. Land Coverage (16) 3.90 acres 2.60 acres 1.95 acres 1.56 acres 1.30 acres 1.11 acres 0.97 acres 0.87 acres 0.78 acres 0.71 acres 0.65 acres b.Land Coverage 9.44 acres(ll)(I6) ^dscapedOpen^ce (4) (1 i) (16) Land Coveraa,- iwo story development Three story development Four stoiy development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development c. .. 6.06 acres .. 7.36 acres .8.01 acres .8.40 acres .8.66 acres .8.85 acres 8.99 acres 9.09 acres 9.18 acres 9.25 acres 9.31 acres 2.Site B Allowable Building Area Site Area 963,849 square feet (13) (16) 43.703 acres (4) (11) 15 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) E.Building Height Maximum building height shall not exceed height limits set by theFederal Aviation Authority for Orange County Airport. SERVICE STATTONSl Building Sites (4) (5) (11) Site 3; Group rV. A. 1.765 acres 1.765 acres Service station site 3shall be located within Ofﬁce Site Fand shall not exceed 1.765 acres msize. Any portion' or all of Site 3not utilized for service station use shall revert to either professional and business ofﬁce use or restaurant use. (4) restaurants (1) (4) Building Sites Group V. A. Maximum acreages for Site 2shall not exceed 125 (18) Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4and 5shall not exceed 3.0 acres. Maximum acreage for Sites 6and 7shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site 1Deleted see Group Vn. Site 2 Site 3 ’ Site 4 Site 5 Site 6 Site 7 acres. (18) .1.25 acres 1.765 acres 1.50 acres 1.50 acres 1.50 acres (8) 0.70 acres (8) .8,215 acres Site 1Deleted see Group VH Private Club (18) Site 3located within Ofﬁce Site “F”. (4) Sites 2, 4and 5located within Ofﬁce Site “B”. (4) (16) Sites 6and 7located within Ofﬁce Site “G”. (8) .8.215 acres Any portion or all of the restaurant, bar, theater/nightclub acreage for Sites 2, 4, 5, 6or 7not utilized for that.purpose shall revert to professional and business ofﬁce use. Any portion or all of the restaurant acreage for Site 3not utilized for that purpose shall revert to either professional and business ofﬁce use or service station use. (4) (8) (18) 21 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) I TIte following statistics are for information only. Developmentshall not be limited to the following. BuiidineArea (4) Site 2.,.. Site 3 Site 4 Site 5 Site 6(8) Site 7(8) may include but B. ●5,000 sq. ft. .10,000 sq.ft. ●7,000 sq. ft. 0.16 acres ■7,000 sq. ft. 7,000 sq. ft 0.16 acres 3.000 so. ft. 0.11 acres 0.22 acres 0.16 acres ●— 0.07 acre.s 0-88 acres 4Mjergs (8)(18) C.Parking Criteria:300 occupants/10,000 sq. ft. 1space/3 occupants and 120 cars per acre. Site 2 Site 3 Site 4 Site 5 50 cars 100 cars 70 cars 70 cars Site 6(8) ... 70 cars Site 7(8) ... 30 cars 390 cars 0.42 acres 0.84 acres 0.58 acres 0.58 acres 0.58 acres 0.25 acres Mimm MlMSm(8)(I8) D.Landscaped Open Spapp rd\ Site 2 Site 3 Site 4 Site 5 Site 6(8) .... 0.76 acres Site 7(8) .... 0.38 acres 4.08 acres 0.72 acres 0.70 acres 0.76 acres 0.76 acres (8) (18) E.Building Height Building height of structures shall be limited feet.height of thirty-ﬁve (35)to a Group VI.retail &SERVICE GKNTFP Building Site (4) (5)A. 22 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) Site I Site 2 5.026 acres 1.500 acre.s 6.526 acres ..6.526 acres Site 2shall be located within Ofﬁce Site ‘ service Site 2acreage not utilized for that business ofﬁce use. (4) (16) Allowable BuiMinpr /S) B. Any portion or all of the retail and purpose shall revert to professional and B. *Retail Site No. 1 Retail Site No. 2 102,110 sq. ft. (14) 10,000 sq.ft. *Retail Site No. 1fsg Fr) Parcel Parcel I, R/S 588 .Existing 30%.7.0?%..,Total (R) 8,200 IQ) o ; (R) 10,198 ( 0 ) 3 . 1 6 4 (R) 23,794 (R) 42,192 IQI-7,384 fOl Parcel 3, R7S 506 (R) 0 IQ) 0 (R) 0 ( R ) 1 0 ) 2 2 , 0 0 0 r o i 0(R) ^(O) 22.000 0 Parcel 4, R/S 506 (R) 4,115 IQ) 0 (R) 5,334 (R) 12,447 (R) 21,896(0) 1.642.[Q1 3,832 rO) 5,474 Subtotal (R) 12,315 IQ) 0 _ (R) 15,532 (R) 36,241 (R) 64,088 IQ) 26,806 .(0) 11.216 (Q) .38 0?? Total 12.315 42.338 47.457 102.110 041 (R) =Retail Landscape Area (5) Twenty-ﬁve (25) percent of the 5.026 acres constituting retail and servicecenter Site No. 1shall be developed as landscape area. If twenty-ﬁve (25) percent of the 5.026 acres constituting retail andservice center Site No. 1not developed as landscape area aspLiﬁcsite plan shall be submitted to the City of Newport Beach PlLingCommission for approval prior to the issuing of abuilding permit. ^ Statistical Analysis f51 only- Developmerninclude but shall not be limited to the following. (O) =Ofﬁce C. D. may 23 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) ( Assumed parking criteria; One (1)‘ .pace per 200 building area at 120 cars per 1. Site 1 Allowable Building Area square feet of net acre. 102.110 sq. ft.(14) Site Area 5.026 acres Building Height 04t Two story development. Three story development Four story development Five story development.. a. 1.17 acres 0.78 acres 0.59 acres 0.47 acres b.Parking n4) 460 cars 3.83 acres Landscaped Open Space (14) Two story development Three story development Four story development Five story development c. 0.03 acres 0.87 acres 0.61 acres 0.73 acres 2. Site 2 Allowable Building Area Site Area 0.23 acres 1.50 acres Building Height One story development . a. 0.23 acres b.Parking 50 cars.0.42 acres Landscaped Open Space One story development.. c. 0.85 acres E.Building Height Building height of stractures shall be limited to aheight of thirty-ﬁve (35) feet above mean existing grade as shown on Exliibit “B.” (5) Group Vn. PRIVATE CLUB (18) Building SiteA. Site 1 2.0 acres 2.0 acres 24 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) COMMERCIAL REAL ESTATE SERVICES Brooksie Goulet Real Estate Manager Lie. 01930217 4400 MacArthur, Suite 350 Newport Beach, CA 92660CBRE, Inc. Asset Ser/ices Broker Lie. 00409987 (949)955-2131 Phone (949) 833-2476 Fax brooksie.qoulet(g)chre com www.cbre.com February 19, 2019 Mr. Gallant Citivest Inc. 4340 Von Karman Ave. Newport Beach, CA 92660 Re: Koll Center Newport -Additional Parking Card Request Dear Mr. Gallant, Please be advised that Koll Center Newport has agreed to allow Citivest to useupto an additional 5parking cards, and due to apreviously approved number of cards, this will bringyou to 20 overyour City Net Allocation for acombined total of 217 parking cards. Please note, the additional cards are issued on amonth to month basis and revoked if parking issues arise in the area. Please contact my ofﬁce with any questions. Sincerely, CBRE, Inc Agent for Koll Center Newport may be Brooksie Goulet Real Estate Manager Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) Wednesday, October 21, 2020 at 16:12:25 Paciﬁc Daylight Time Subject: Date: From: RE: URGENT; Update on Parking allocation for 4340 Building Friday, October 16, 2020 at 12:38:56 PM Paciﬁc Daylight Time Laura Iniguez 'Daniel Blackburn', Adriana FourcherTo: Attachments: image001.jpg CAUTION:External Sender Hi Daniel, see responses in red. How many parking spots total is the building allotted as of October 2020? (EX. 217 OR 220?). 197 spaces How many usable S.F. do they "count" our building and what is their parking ratio allotment? (Ex 3155 x 68,783= 217 spaces) 3.16 x62,424 =197 Please conﬁrm that VKCOA does not pay monthly rates for unreserved spaces to ABM but that individual condo owners may pay if they are over the 3.155 xusable S.F. allotment and the building has no surplus unreserved spaces. ABM issues parking passes to each tenant/owner based on information provided by VKCOA, over allotted spaces approved by VKCOA are billed directly to tenant/owner and reported under monthly revenue in your monthly statement. Hope this helps. Laura Iniguez Facility Manager ABM IBusiness &Industry Koll Center Newport 5000 Birch Street., Suite 2, Newport Beach, CA 92660 949-476-0688 (Ofﬁce) 949-476-9247 (Fax) linieuez@abm.com ABM. Building Value. From: Daniel Blackburn <dblackburn(5)citivesti'nc.com> Sent: Friday, October 16, 2020 11:55 AM To: Adriana Fourcher <afourcher(®bitcentral.com>; Laura Iniguez <Laura.lniguez@abm. Subject: [EXTERNAL] RE; URGENT: Update on Parking allocation for 4340 Building com> WARNING: This email originated outside of ABM. DO NOT CLICK links or attachments unless you recogn Page 1of 3 Planning Commission - October 22, 2020 Item No. 7a Additional Materials Received Pour Vida Restaurant and Parking Waiver (PA2019-259) From:Michelle Holmon To:Planning Commissioners Subject:the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC Date:Thursday, October 22, 2020 10:57:31 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Newport Beach Planning Commissioners, We are tenants at 5000 Birch Street, Newport Beach. Having a restaurant were both our employees could dine as well as our clients who come into the office would be greatly needed and appreciated. There are limited immediate restaurants nearby where our employees and clients can dine. Please consider approving this site. Thank you. Michelle A Holmon Assistant Vice President of Client Development The Rushmore Group 5000 Birch Street, Suite 100 Newport Beach, CA 92660 (949)825-6160 Direct (949)253-0480 (800)824-3911 (949)253-0488 (Fax) The best compliment we can receive is the referral of your Family, Friends and Colleagues. "Preserving Family Wealth & Harmony for Generations." The Rushmore Group was established in 1981. www.RushmoreGroup.com Securities offered through WestPark Capital, member of FINRA/SIPC. The Rushmore Companies are not affiliated with WestPark Capital. This email is intended only for the recipient to whom it is addressed and may contain information that is privileged and confidential. Nothing contained in this email constitutes tax, legal, insurance or investment advice, nor does it constitute a solicitation or an offer to buy or sell any security or Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) other financial instrument. If you are not the intended recipient of this message, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and permanently delete all copies that you may have. Please be advised that calls to and from WestPark Capital, Inc. may be monitored or recorded. WestPark Capital, Inc., member of the FINRA/SIPC. The above communication, the attachments and/or hyperlinks provided are intended for informational purposes only. and are not to be interpreted by the recipient as a solicitation to participate in any securities offerings. Investments referenced may not be suitable for all investors and may not be permissible in certain jurisdictions. The information contained in this message is legally privileged and confidential for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any release, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the author immediately by replying to this message and delete the original message. Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) From:California, Newport Beach - Newport Birch Street Center To:Planning Commissioners Cc:Dionne R. Mulcahy-Rodriguez Subject:Pour Vida Restaurant - 5000 Birch Street within KNC Date:Thursday, October 22, 2020 10:57:51 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To whom it may concern; We are tenants at Koll Center Newport Beach and 100% support of Pour Vida Restaurant being proposed at 5000 Birch Street, Newport Beach. We believe this will bring a great and positive atmosphere to our community! Thank you! Nora Sanchez Community Manager (949) 476-3700 Office (949) 476-3758 Fax 5000 Birch Street Suite 3000 Newport Beach, CA 92660 Questions about your account? Contact the Regus Account Helpdesk at (888) 866-9799 or account.helpdesk@regus.com For requests or inquiries regarding billing, invoices, or payments, please reach out to the Account Helpdesk to help resolve your concerns. You may also log into your MyRegus account and simply go to the HELP section. The information contained in this e-mail (including any attachments) is intended only for the personal and confidential use of the recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete the message and any copies from your system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients, is not authorised and may be unlawful. Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) From:Tim Strader Jr. To:Whelan, Melinda; Rodriguez, Clarivel; Lee, Amanda Subject:Pour Vida Support Emails Date:Thursday, October 22, 2020 2:12:57 PM Attachments:EXTERNAL FW the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC.msg EXTERNAL Pour Vida Restaurant - 5000 Birch Street within KNC.msg [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Please see below and attached. Thanks, Tim From: Dionne R. Mulcahy-Rodriguez <Dionne_Mulcahy-Rodriguez@jhancock.com> Sent: Thursday, October 22, 2020 2:03 PM To: Tim Strader Jr. <tj@starpointeventures.com> Subject: Support Emails I am being told that the City should have letters of support from Hines, the owner of 4000 MacArthur and 4400 and 4350 Von Karman, managed by RiverRock on behalf of their owners. I am trying to get copies. Attached are support letters from two of our tenants at 5000 Birch – Rusmore Group and Regus. Dionne Mulcahy-Rodriguez Property Manager Manulife Investment Management E Dionne_Mulcahy-Rodriguez@jhancock.com T 949 385 9361 5000 Birch Street, Suite 120 Newport Beach, California, U.S.A., 92660 Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) From:Michelle Holmon To:Dionne R. Mulcahy-Rodriguez Subject:[EXTERNAL] FW: the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC Date:Thursday, October 22, 2020 10:58:32 AM CAUTION This email is from an external sender, be cautious with links and attachments. Done!!!! See below. Michelle A Holmon Assistant Vice President of Client Development The Rushmore Group 5000 Birch Street, Suite 100 Newport Beach, CA 92660 (949)825-6160 Direct (949)253-0488 (Fax) From: Michelle Holmon Sent: Thursday, October 22, 2020 10:57 AM To: PlanningCommissioners@newportbeachca.gov Subject: the Pour Vida Restaurant being proposed at 5000 Birch Street within KNC Hello Newport Beach Planning Commissioners, We are tenants at 5000 Birch Street, Newport Beach. Having a restaurant were both our employees could dine as well as our clients who come into the office would be greatly needed and appreciated. There are limited immediate restaurants nearby where our employees and clients can dine. Please consider approving this site. Thank you. Michelle A Holmon Assistant Vice President of Client Development The Rushmore Group 5000 Birch Street, Suite 100 Newport Beach, CA 92660 (949)825-6160 Direct (949)253-0480 (800)824-3911 (949)253-0488 (Fax) Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) The best compliment we can receive is the referral of your Family, Friends and Colleagues. "Preserving Family Wealth & Harmony for Generations." The Rushmore Group was established in 1981. www.RushmoreGroup.com Securities offered through WestPark Capital, member of FINRA/SIPC. The Rushmore Companies are not affiliated with WestPark Capital. This email is intended only for the recipient to whom it is addressed and may contain information that is privileged and confidential. Nothing contained in this email constitutes tax, legal, insurance or investment advice, nor does it constitute a solicitation or an offer to buy or sell any security or other financial instrument. If you are not the intended recipient of this message, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and permanently delete all copies that you may have. Please be advised that calls to and from WestPark Capital, Inc. may be monitored or recorded. WestPark Capital, Inc., member of the FINRA/SIPC. The above communication, the attachments and/or hyperlinks provided are intended for informational purposes only. and are not to be interpreted by the recipient as a solicitation to participate in any securities offerings. Investments referenced may not be suitable for all investors and may not be permissible in certain jurisdictions. The information contained in this message is legally privileged and confidential for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any release, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the author immediately by replying to this message and delete the original message. Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) From:California, Newport Beach - Newport Birch Street Center To:Planning Commissioners Cc:Dionne R. Mulcahy-Rodriguez Subject:[EXTERNAL] Pour Vida Restaurant - 5000 Birch Street within KNC Date:Thursday, October 22, 2020 10:57:38 AM CAUTION This email is from an external sender, be cautious with links and attachments. To whom it may concern; We are tenants at Koll Center Newport Beach and 100% support of Pour Vida Restaurant being proposed at 5000 Birch Street, Newport Beach. We believe this will bring a great and positive atmosphere to our community! Thank you! Nora Sanchez Community Manager (949) 476-3700 Office(949) 476-3758 Fax 5000 Birch Street Suite 3000 Newport Beach, CA 92660 Questions about your account? Contact the Regus Account Helpdesk at (888) 866-9799 or account.helpdesk@regus.com For requests or inquiries regarding billing, invoices, or payments, please reach out to the Account Helpdesk to help resolve your concerns. You may also log into your MyRegus account and simply go to the HELP section. The information contained in this e-mail (including any attachments) is intended only for the personal and confidential use of the recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete the message and any copies from your system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients, is not authorised and may be unlawful. Planning Commission - October 22, 2020 Item No. 7b Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) Corporate Office 100 Bayview Circle, Suite 2600 Newport Beach, CA 92660 P [714] 689 1440 F [714] 556 2358 www.riverrockreg.com October 22, 2020 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 RE: 5000 Birch – Pour Vida Restaurant To City of Newport Beach Planning Commission, I am writing to you on behalf of 4350 Von Karman Avenue, Newport Beach to show support of the construction of Pour Vida Restaurant at 5000 Birch Street within Koll Center Newport. We feel the additional of a restaurant at 5000 Birch will be a wonderful amenity for our tenants. If you have additional questions, please feel free to contact me. Thank you in advance for your time and consideration. Regards, RiverRock Real Estate Group as agent for COMAC America Corporation Brianna McHenry Portfolio Manager CA License #01851180 714-689-1454 Planning Commission - October 22, 2020 Item No. 7c Additional Materials Received After Deadline Pour Vida Restaurant and Parking Waiver (PA2019-259) Pour Vida Restaurant and Parking Waiver 5000 Birch Street Planning Commission Public Hearing October 22, 2020 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Introduction Conditional Use Permit Authorize restaurant Type 41 ABC License (Beer & Wine) Hours M-F: 6am- 11pm Weekends: 9am-11pm 21-space parking waiver Community Development Department -Planning Division 2 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Vicinity Map Community Development Department -Planning Division 3 Project Site Subject Site Uptown NewportKoll Center Office Site B 367,800 sq. ft. of offices 3,045 shared parking spaces Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Project Details Community Development Department -Planning Division 4 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Renderings Community Development Department -Planning Division 5 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Existing Shared Parking 6 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) ½ Mile Radius Community Development Department -Planning Division 7 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Recommended Action Conduct a public hearing Find this project exempt from CEQA pursuant to Section 15301 under Class 1 of the CEQA Guidelines Adopt Resolution No. PC2020- 037 approving UP2019-56 Community Development Department -Planning Division 8 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) For more information Contact Questions? Melinda Whelan 949-644-3221 mwhelan@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 9 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Community Development Department -Planning Division 10 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Site Photos Community Development Department -Planning Division 11 Planning Commission - October 22, 2020 Item No. 7d Additional Materials Presented at Meeting by Staff Pour Vida Restaurant and Parking Waiver (PA2019-259) Planning Commission - October 22, 2020 Item No. 7e Additional Materials Presented at Meeting by Applicant Pour Vida Restaurant and Parking Waiver (PA2019-259)