HomeMy WebLinkAboutCapri Blu Ristorante (PA2002-117)aR CITY OF NEWPORT BEACH Hearing Date: August 22,M02
PLANNING DEPARTMENT Agenda Item: 2
3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham
°'4soaa`r NEWPORT BEACH, CA 92658 (949) 644 -3200
(949) 6443200; FAX (949) 644 -3229 Appeal Period: 14 days after final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Capri Blu Ristorante (PA2002 -117)
1617 Westcliff Drive
SUMMARY: Request for a Use Permit to allow an Eating and Drinking Establishment and
to authorize the sale of alcoholic beverages for on -site consumption pursuant
to the Alcoholic Beverage Outlet Ordinance (ABO) located within the
Westeliff area. The application also includes a request for a parking waiver.
ACTION: Adopt the attached resolution approving Use Permit No. 2002 -025.
APPLICANT: Giuseppe Vitiello
45 Palatine, #245
Irvine, CA 92612
PROPERTY
OWNER: Rettig Chiropractic Office, Inc.
1617 Westcliff Drive
Newport Beach, CA 92660
LOCATION: 1617 Westcliff Drive
LEGAL
DESCRIPTION: Lot 7, Tract 4225/APN 117- 631 -19
GENERAL PLAN: Administrative, Professional & Financial Commercial
ZONING
DISTRICT: Administrative, Professional & Financial Commercial (APF) District
VICINITY MAP
0 ..200 400 Feet a
E!Tsiiia VIGINITY MAP W E
S
Use Permit No. 2002 -025 (PA2002 -117)
1617 Westdifi Drive
Current
Development:
Commercial retail and office building.
To the north:
Multiple-family residential across Westcliff Drive.
To the east:
Banks and office building across a private drive.
To the south:
Multiple-family residential across Sherington Place.
To the west:
Commercial retail and office building.
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 2 of 10
Site/Proiect Overview
The proposed restaurant would be located within vacant space on the fast floor of a retail and
office building, and proposes to convert a portion of the existing patio area to outdoor dining.
The restaurant will consist of 1,976 square feet of dining area (1,236 sq.ft. interior and 740 sq.ft.
patio), 1,000 square feet of kitchen/service area, and will have a total of 94 seats for dining of
which 20 are located in the outside patio area. The applicant is also requesting full alcoholic
beverage service (Type 47 license). The indoor portion of the restaurant will occupy space
previously occupied by a pharmacy.
Anal sis
The proposed restaurant is classified as an Eating Drinking Establishment - Full Service, Low
Turnover, and requires approval of a use permit. Also, the applicant is requesting a new Type 47
Department of Alcoholic Beverage Control license to permit the on -site consumption of
alcoholic beverages in conjunction with the restaurant. In accordance with Section 20.89.030A
of the ABO, a new use permit is required for any new alcoholic beverage outlet. In addition, the
proposed restaurant is located within a commercial retail and office building that was developed
in accordance with the parking requirement for retail and office uses; the restaurant use will
require more parking, thereby requiring a parking waiver.
General Plan
The City's General Plan designates the site as Administrative, Professional & Financial
Commercial. The Administrative, Professional & Financial Commercial category is applied to
areas that are predominantly used for office, but also include support retail and service uses,
including restaurants. Therefore, the applicant's request is consistent with the General Plan
designation.
Hours of Operation
The applicant is requesting a full service restaurant for lunch and dinner operations (no breakfast
service), and proposes hours of operation to be from 11:00 am to 11:00 pm Monday through
Sunday. These hours are generally consistent with the operating hours of a full service lunch and
dinner restaurant. However, staff is recommending a modification to these hours (see discussion
under "Parking" below), and the Police Department has recommended that the closing time be
10:00 pm.
Alcoholic Beverage Outlet Ordinance
On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO) Ordinance
(Chapter 20.89 of the Municipal Code). The purpose of the ABO Ordinance is to preserve a
healthy environment for residents and businesses by establishing a set of consistent standards for
the safe operation of alcoholic beverage outlets, while preventing alcohol- related problems. The
ABO requires the Planning Commission to consider the following:
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 3 of 10
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with the
necessary data and analysis to make the required findings, each of the foregoing is discussed as
follows:
Public Convenience or Necessity. The proposed restaurant is a full service dinner house and the
sale of alcoholic beverages is a typical ancillary use of such establishments. The APF District
includes provisions for restaurant uses subject to approval of a use permit, and the restaurant can
be viewed as complementary to surrounding retail and office uses. Therefore, it can be argued
that the restaurant with on -sale consumption of alcohol furthers the public convenience or
necessity as alcohol service is typically expected with a full service restaurant.
Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of which
2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two Crimes that
include alcohol related arrests. The project site, located in the Westcliff area, is located within
Police Reporting District No. 28. During 2001, the number of Part One Crimes in RD No. 28
was 127 and the number of Part Two Crimes was 102. Adjacent Reporting Districts are Nos. 26
and 29. RD No. 26 had 141 Part One and 162 Part Two Crimes; and RD No. 29 had 40 Part One
and 64 Part Two Crimes. The number of total crimes reporting within RD No. 28 is between the
surrounding RD's. Even though the 229 total number of crimes within RD No. 28 is slightly
higher than the Citywide average of 211, the number over the Citywide average is 8.66 %, and is
not near the 75% threshold as outlined within City Council Policy No. K -7, which would deny a
finding of public convenience or necessity for a bar or nightclub; and the Police Department has
no objections to the proposed restaurant use.
Over Concentration. Due to the request for on -site consumption there is a net increase of one
license within RD No. 28. There are a total of 8 active ABC licenses within RD No. 28 as
compared to 12 in RD No. 26 and 0 in RD No. 29. The census tract within which the restaurant is
located has a lower ratio of liquor licenses when compared with the average ratio for Orange
County, and as noted by the Police Department report, the requested on -sale alcohol license is
not expected to generate additional crime problems in the area due to the nature of the business.
The concentration of alcoholic beverage licenses within the area is not considered by the Police
Department as detrimental.
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 4 of 10
Alcohol Related Crimes. The Police Department only tracks driving under the influence and
plain drunk arrests as alcohol- related. There were 4 driving under the influence arrests and 16
plain drunk arrests within RD No. 28 in 2001. This amount of alcohol related arrests constituted
1.14% of the total recorded within the entire city, in which alcohol related arrests accounted for
48.75% of all arrests. The alcohol- related arrest rate in the two adjacent reporting districts is
3.9% for RD No. 26 and 0.6% for RD No. 29. (A map of the reporting districts is included in
Exhibit No. 4.) The alcohol related arrest rate within RD No. 28, within which the project is
located, is slightly higher than RD No. 29 and lower than RD No. 26, and is considerably lower
than the city -wide average. The Police Department does not believe that the proposed use will
generate a significant number of alcohol- related incidents.
Adiacent Uses. The site is located within the Westcliff area, which is characterized by
commercial retail and office uses. Multiple family residential exists on the north side of
Westcliff Drive and on the south side of Sherington Place. In addition to the street separation,
parking lots exist between the use and the streets, providing additional separation. There are no
day care centers, schools, or park and recreation facilities in the vicinity of the project site.
In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit
application. The Police Department recommends that the hours of operation be restricted to
close at 10:00 pm due to the proximity to the residential to the north and south (applicant
requested a closing time of 11:00 pm). A condition (No. 5) has been included in the draft
resolution requiring the restaurant to close at 10:00 pm.
Entertainment and Dancing
The applicant has stated that he does not intend to have live entertainment or dancing at the
restaurant, and a condition (No. 7) has been included in the draft resolution prohibiting
entertainment and dancing.
Parking
The proposed restaurant is located in an existing office and retail commercial building, and will
occupy a suite previously occupied by a pharmacy. The parking rate for a full service, low -
turnover restaurant is within a range of one space for every 30 to 50 square feet of public area.
The applicant proposes a total of 1,976 square feet of public dining and bar area (1,236 square
feet in the building and 740 square feet in an outside patio area). In addition, the Code permits a
reduction in the interior public space by 25% when patio dining is proposed. Therefore, the
Code requirement for parking would be based on a public area of 1,667 square feet, and would
result in a parking requirement within a range of 34 to 56 spaces. As noted above, the space to
be occupied by the restaurant was previously occupied by a pharmacy, which occupied 2,236
square feet. The parking requirement for the pharmacy is computed at a rate of one space for
each 250 square feet of floor area, resulting in a requirement for 9 spaces. Therefore, the
restaurant requires 25 to 47 spaces more than the previous retail use within the same space.
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 5 of 10
The property within which the restaurant is proposed to be located consists of several retail and
office uses. The parking requirement for the entire site is outlined in the following table:
Medical Clinic
Retail
Hair Salon
Office
Personal Trainer
Storage
Restaurant
6,364 (+ 5 empl.)
1,599
2,140
16,542
684
3,628
1,667
1/250 + 1 space per empl.
1/250
1/250
1/250
1 /600
1/2,000
1 /30 to 1/50 in pub. area
30.456
6.396
8.560
66.168
1.140
1.814
33.340 - 55.567
147.874 - 170.101
The existing parking for the property consists of 132 spaces (124 standard spaces and 8
handicapped spaces), located in three separate areas to the north, east and south of the building.
The north parking lot is configured with a drive - through aisle that is shared with the adjacent
commercial parking lots located to the west. The project will result in a parking deficiency of 16
to 39 spaces (depending on the parking code range used for the restaurant use). In reviewing the
requested waiver of parking, staff considered both parking observations of the site (by both the
applicant and by staff), and a parking study prepared by the applicant's parking consultant.
With respect to field observations, staff visited the site on several occasions at various times
during the day. Generally, it was observed that the parking lot along the north side of the
building was about half full during the morning and late afternoon periods, and reaches full
capacity at about 11:30 am, and remained so until about 2:00 pm. The parking to the east and
south of the building remained about half full throughout the day. However, it is noted that the
field observations were conducted by staff after the pharmacy was no longer in business and the
space to be occupied by the restaurant was vacant.
To support his request, the applicant had a Parking Study prepared by a traffic and parking
engineering firm. The parking study is attached as Exhibit 5. The study summarized that there
would be sufficient parking available, but that the parking lot would reach near or full capacity
during the noon time peak hours. In making its conclusion, the parking study noted that there is
existing on- street parking along the south side of Sherington Place (there is no on- street parking
along Westcliff Drive).
The applicant's parking study was reviewed by the City Traffic Engineer, and his report is
included as Exhibit 6. City Traffic Engineer notes that the conclusions of the Parking Study are
somewhat problematic in that the noontime peak, especially Fridays, will result in the lot
approaching 90% full, resulting in traffic waiting for vacant spaces and blocking traffic within
the lots. The situation is further complicated by the design of the south lot where most of the
spaces are located. That lot is configured with no internal circulation between drive aisles -
vehicles must exit onto Sherington Place to go from one aisle to the another. City Traffic
Engineer concludes that the parking lot may result in "failure" during the noontime peak.
Capri Blu Ristorants (PA2002 -117)
August 22, 2002
Page 6 of 10
In addition to the concerns raised by the City Traffic Engineer, staff noted two additional
concerns relative to the parking:
1. The north parking lot shares access and circulation with the parking for the adjacent
commercial uses to the west. A shortage of parking, particularly during the noontime
peak hours, could adversely impact the parking for the businesses in the adjacent
buildings; and
2. There is no on -street parking along Westcliff Drive, and the parking along Sherington
Place is restricted to the south side only -- that parking is separated by the lot located to
the south of the building, and it is noted that the restaurant is located on the north side of
the building, providing even further distance to the on -street parking.
In order to grant a parking waiver, Code Section 20.66.100 requires that one or more of the .
following conditions be met:
1. "A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites. "
A municipal parking lot is not located within proximity of the site and, as noted above, on- street
parking is severely limited in that there is no on- street parking along Westcliff Drive, and the on-
street parking along Sherington Place is located over 300 feet from the restaurant entrance.
2. "The site is subject to two or more uses and the maximum parking requirements for such
uses do not occur simultaneously. "
The project site is characterized by a number of retail and commercial uses. Those uses are
generally closed in the evening hours during which time the restaurant will have a peak use (6:00
pm to 9:00 pm. However, during the noontime peak hours, the restaurant use will compete with
the other uses on the site and adjacent properties, and is likely to result in parking deficiencies.
Therefore, while this condition can be met for the evening hours, it will likely not be met during
the noontime peak hours.
3. "A parking management plan for the site has been approved by the Planning
Commission... "
A parking management plan has not been prepared for the site and surrounding properties. There
is little potential for the property to share spaces with the uses to the west, and as noted above,
the project is likely to have an adverse impact on the properties to the west, especially during
noontime hours, since there is shared access and circulation to the parking lot along the Westcliff
Drive frontage. During staff's field observations, it was noted that the parking lot for the
property to the west was at or near capacity, and restaurant patrons are likely to utilize the
adjacent parking due to its proximity and visibility.
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 7 of 10
4. "The Planning Commission makes the following findings: a) The parking demand will
be less than the requirement in Section 20.66.030. b) The probable long -term occupancy
of the building or structure, based on its design, will not generate additional parking
demand. "
The parking standard for restaurants has been utilized for a long period and appears to meet the
demand. Even calculated at the lower range (one space for every 50 square feet within the public
area), results in the parking lot with a 23 -space deficiency. In addition, staff notes that the
parking calculations (see Table above) are predominately at the lower office and retail use, and
include a considerable amount of space at the storage rate. Conversion of the storage space to
retail or office use could result in a requirement for 13 additional parking spaces.
Staff also considered the possibility of decreasing the amount of dining area to be used during the
noontime hours in order to bring the entire site into conformity with the parking requirements.
However, to do so would require cutting the public dining area by 800 to 1,170 square feet
during the lunch service. The design of the restaurant makes it difficult to cut the public space,
and it would be very difficult to monitor and enforce such a requirement on a daily basis.
Finally, staff notes that most of the parking demand on the site is generated by the office uses (67
parking spaces), and by the medical clinic (31 spaces). Nearly all of the office uses are closed on
weekends, and the medical clinic operates at a decreased level during Saturdays and is closed on
Sundays. Similar to evenings, there will be more parking available during the noontime hours on
weekends. Therefore, staff recommends that the restaurant be allowed to operate a lunch and
dinner schedule on Saturdays and Sundays.
In summary, in staff s opinion none of the four conditions can be met by the project as requested
by the applicant (lunch and dinner service, seven days per week). However, if the lunch service
were eliminated on weekdays, it is possible to meet Condition No. 2 in that there is non-
simultaneous use during the evening peaking hours of the restaurant at which times the offices,
medical clinic and personal trainer uses are either closed or at minimal demand.
Restaurant Design Standards
Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as
outlined below, to ensure that any proposed development will be compatible with adjoining
properties and streets. The development standards include specific requirements for site
requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant
site, landscaping, exterior illumination, underground utilities, and supply and refuse storage.
Section 20.82.040 D of the Municipal Code states that any of the above mentioned development
standards for restaurants may be modified or waived if strict compliance is not necessary to
achieve the purpose or intent of the standard.
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 8 of 10
Development Standards
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class I (Minor Alteration of
Existing Structures).
Capri Blu Ristorante (PA2002-117)
August 22, 2002
Page 9 of 10
MQUIR—EMEW,
7777
=!Ri. 7 7, 57F
Site:
Site shall be of sufficient size and configuration to satisfy
Partially Complies. The site is 16 acres and is developed
all requirements for off-street parking, setbacks, curb cuts,
with an approximately 32,000 square foot retail and office
walls, landscaping and refuse storage w provided by
commercial building. The site and parking provided could
Section 20.82.040 of the Municipal Code.
accornmodate, a restaurant use for evening use in that the re is
a sharing of parking due to the staggered hours of the various
uses within the building complex; however, there may be a
shortam of parking during the noontime peak hours.
Setbacks:
The City may establish more restrictive setbacks if it is
Complies. The proposed use will be within an existing
determined that it is necessary or destrable for the
office/renul building which provides a minimum of 15-foot
protection of the public health, safety or welfare or to insure
setback from the front property fine, The site is also separated
the compatibility of uses an contiguous properties-
from nearby uses by Westcliff Drive, Sherington Place and a
private drive to the east. More restrictive setbacks are net
necessary in staff s opinion.
Off-Street Parking:
Off-street parking in accordance with the provisions of
Partially Complies. The site provides 132 parking spaces for
Chapter 20.66 of the Municipal Code
all uses. A parking study prepared for the project and City
Traffic Engineers evaluation of the study indicates that
adequate parking will exist during the late afternoon and
evening peaks, but that adequate parking may not be available
during the noontime peak hours
Circulation:
Parking areas and driveways to facilitate traffic and
Partially Complies. The traffic circulation has been reviewed
circulation of vehicles on and around the facility and to
by the City Traffic Engineer and he now potential circulation
provide adequate sight clearances.
problems during peak noontime operating periods when the
rear parking lot nears capacity due to the lack of internal
circulation within that lot. Cars entering a drive aisle with no
available parking will be required to exit back onto the street in
order to access another drive aisle, thereby adding to on- street
traffic.
Walls-
A solid masonry wall 6 feet high shall be erected on all
Waiver. The site is adjacent to an existing commercial
interior property fines of the subject property. Walls 3 feet
building to the cast, and the parking located to the west backs
in height shall be erected between the on-site parking areas
directly onto a private driveway. The property improvements
and the public right-of-way.
are existing and the 3 -foot high screening does not exist along
Wesicliff Drive and Sherington Place. Staff recommends
waiving the 3 foot high wall requiternent.
Landscaping:
10% of entire site, 3 loot wide landscape area shall be
Waiver. The required landscaping exists along the street
provided to screen the parking area from the public right-of-
frontages and there is ample interior site landscaping.
way. A 3 foot wide landscape area adjacent to the interior
However, the property is constructed with the parking located
property lines shall be provided.
to the cast backing directly auto a private driveway, and a
corrancrvial building existing to the west, preempting the
inclusion of a 3 -foot wide planter in these locations. Staff
recamariends waiving the 3 -foot landscaping along the east and
west property fines.
Lighting:
Parking lot and site illumination height and intensity; to
Complies. The property is developed and the fighting appears
minimize the reflection of lights to the streets and
adequate as currently exists and does not pose PrObIcols with
neighboring properties.
glare onto surrounding properties No additional fighting is
proposed in conjunction with the proposed food uses.
Utilities
All utilities required to be undergroundecL
Complies. The project site is existing and is served by
ander,gound utilities.
Supply Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of supphhes is Permitted.
Refuse Storage
Refuse storage outside of a building shall be hidden from
Complies. Trash storage areas are located within an enclosed
vim by a solid masonry wall 6 feet in height with self-
refuse area located at the rest of the existing building.
locking gates.
I I
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class I (Minor Alteration of
Existing Structures).
Capri Blu Ristorante (PA2002-117)
August 22, 2002
Page 9 of 10
Conclusion
In staff's opinion the requirements and findings of the ABO can be met. However, given the
potential adverse impacts of the restaurant on parking and traffic during the noontime weekday
peak operating hours, staff is recommending that the restaurant be limited to dinner hours only
during the week. Therefore, the draft resolution includes findings and a condition limiting the use
to between the hours of 3:00 pm and 10:00 pm, Monday through Friday. If the Planning
Commission concurs with staff's evaluation, it would be appropriate to adopt the attached draft
resolution of approval included as Exhibit No. 1.
The Commission has the option to approve the request as proposed by the applicant that permits
the restaurant to operate for both lunch and dinner, in which case it would be appropriate to
modify the draft resolution to revise the finding relating to parking and to revise Condition No. 5
relating to hours of operation.
The Commission could deny the project, in which case staff has prepared draft Findings for
Denial, which are included as Exhibit No. 2.
Submitted by: Prepared by:
PATRICIA L. TEMPLE WILLIAM CUNNINGHAM
Planning Director
j D Contract Planner
PL iA� ,�IQNzIW G�Gtsrci
Exhibits
Resolution No. 2002 -_; findings of approval and conditions
2. Findings for Denial
Police Department report
4. Reporting District Map
5. Parking Study Report
6. City Traffic Engineer's report
7. Project Plans
Capri Blu Ristorante (PA2002 -117)
August 22, 2002
Page 10 of 10
EXHIBIT 1
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -025 (PA2002 -117) FOR PROPERTY LOCATED AT 1617
WESTCLIFF DRIVE
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Giuseppe Vitiello with respect to property located at
1617 Westcliff Drive and legally described as Lot 7 of Tract 4225, requesting approval of Use Permit No.
2002 -025 to allow an eating and drinking establishment, to authorize the sale of alcoholic beverages for
on -site consumption at a restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), and to
grant a partial parking waiver.
Section 2. A public hearing was held on August 22, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The proposed location of the restaurant and associated alcoholic retail sales needing this use
permit, and the proposed conditions under which it would be operated or maintained, is
consistent with the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not be detrimental
to the properties or improvements in the vicinity or to the general welfare of the city. The use
permit pertains to the on -site consumption of alcoholic beverages in conjunction with an eating
and drinking establishment to be opened in a building that is designated and zoned for this
activity. The use has been conditioned in such a manner to minimize the impacts associated
with sale of alcoholic beverages. The plans, as conditioned, meet the design and development
standards for alcoholic sales. As conditioned and approved, including the restrictions on the
hours of operations, the applicant does not propose a use that would significantly change the
operational characteristics of the site and that could result in additional parking demand.
2. The operational characteristics of the proposed use, including the hours of operation, are consistent
with Municipal Code requirements. Any change in the operational characteristics, including a
change in the hours of operation, would require an amendment to the Use Permit, reviewed by the
Planning Commission.
3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal
Code (Alcoholic Beverage Outlets Ordinance) for the following reasons:
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 6
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full- service, sit -down restaurant that is complementary to surrounding
uses.
b. The crime rate in the police reporting district and adjacent reporting districts is not likely to
increase as a result of the proposed use.
C. The number of alcohol licenses within the reporting district and adjacent reporting districts
is not significantly high given the nature of the land uses in the district and when compared
with County -wide data.
d. The percentage of alcohol - related arrests in the police reporting district in which the project
is proposed is lower than the percentage citywide. The on -site consumption of alcoholic
beverages in conjunction with a restaurant is not expected to increase alcoholic related
crime.
e. There are no day care centers, schools, or park and recreation facilities in the vicinity of the
project site, and residential uses to the north and south are at a distance from the site and
are separated by parking lots and streets.
4. The parking waiver can be justified for a restaurant that operates for dinner service only in that the
site is characterized by more than two uses that have parking requirements that do not occur
simultaneously during the late afternoon and evening hours, and on weekends.
5. The restaurant and the site generally comply with the development standards for restaurants with
the exception of requirements pertaining to the provision of a six -foot high masonry wall along
interior property boundaries, three -foot high screening along public rights -of way, and three -foot
wide landscaping along interior property boundaries, in which case those requirements are waived
since the site is fully developed and it would not be feasible or practicable to install such
improvements.
6. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Minor alteration of existing structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -025, subject to the Conditions set forth in Exhibit "A."
Section 5. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
\;L
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 6
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 2002.
BY:
Steven Kiser, Chairman
IM
Sham Agajanian, Secretary
0
NOES:
15
City of Newport Beach
Planning Commission Resolution No.
Paue 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002 -025
1. The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated July 23, 2002, as approved by the Planning Commission.
2. Use Permit No. 2002 -025 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted version of
the California Building Code. The construction plans must meet all applicable State Disabilities
Access requirements. Adequate access and exiting must be cleared through the Building
Department. Specifically, approval from the Orange County Health Department is required prior
to pemut issuance. A grease interceptor of adequate size is required in association with food
preparation activities and a sewer lateral cleanout shall be installed on the City side of the property
line.
4. The outdoor dining and bar areas shall have adequate barriers as required by the California State
Department of Alcoholic Beverage Control.
5. Hours of operation shall be from 3:00 PM to 10:00 PM, Monday through Friday, and from 11:00
AM to 10:00 PM on Saturday and Sunday.
6. All employees shall be required to park on -site.
7. All owners, managers and employees selling alcoholic beverages shall undergo and successfully
complete a certified training program in responsible methods and skills for selling alcoholic
beverages. The certified program must meet the standards of the California Coordinating Council
on Responsible Beverage Service or other certifying/licensing body which the State may
designate. The establishment shall comply with the requirements of this section within 180 days
of the issuance of the certificate of occupancy. Records of each owner's, manager's and
employee's successful completion of the required certified training program shall be maintained
on the premises and shall be presented upon request by a representative of the City of Newport
Beach.
8. Live entertainment and dancing shall be prohibited at all times.
9. That any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require amendment to
this Use Permit or the processing of a new Use Permit.
,A
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 6
10. Should this business be sold or otherwise come under different ownership, any future owners or
assignees shall be notified of the conditions of this approval by either the current business
owner, property owner or the leasing agent.
11. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide
public eating place" as defined by the California Department of Alcoholic Beverage Control.
12. Full menu food service items shall be available for ordering at all times that the restaurant
establishment is open for business.
13. A special events permit is required for any event or promotional activity outside the normal
operational characteristics of this restaurant business that would attract large crowds, involve
the sale of alcoholic beverages, include any form of on -site media broadcast, or any other
activities as specified in the Newport Beach Municipal Code to require such permits.
14. The exterior of the restaurant and alcoholic beverage outlet shall be maintained free of litter and
graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris
and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
15. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly
related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or
correct nuisances, the Planning Commission may review, modify or revoke this use permit in
accordance with Chapter 20.96 of the Zoning Code.
16. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage
Control shall be a Type 47, full alcohol service for on -site consumption only and only in
conjunction with the service of food as the principal use of the facility. The sale for off -site
consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license
shall be subject to the approval of an amendment to this application and may require the
approval of the Planning Commission.
17. The applicant shall comply with all federal, state, and local laws. Material violation of any of
those laws in connection with the use will be cause for revocation of this permit.
18. This use permit may be modified or revoked by the City Council or Planning Commission
should they determine that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to constitute a
public nuisance.
19. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his
employees or representatives share in any profits, or pay any percentage or commission to a
promoter or any other person based upon money collected as a door charge, cover charge or
15
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 6
any other form of admission charge, including minimum drink orders or sale of drinks is
prohibited.
20. The operator of the restaurant facility shall be responsible for the control of noise generated by the
subject facility. The noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no
more than depicted below for the specified time periods unless the ambient noise level is higher:
1t'O
Between the hours of
7:OOAM and 10:00PM
Between the hours of
7:OOAM and IO:OOPM
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
6OdBA
1t'O
EXHIBIT 2
FINDINGS FOR DENIAL
Use Permit No. 2002 -025
(PA2002 -117)
The approval of Use Permit No. 2002-025 will, under the circumstances of the case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons
living and working in the neighborhood, will be detrimental to the general welfare of the
City and is not consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code for the following reasons:
1. The required findings for granting a parking waiver cannot be made in this case
for the following reasons:
a. There is no municipal parking facility in the proximity of the proposed use
and there is limited or no on -street parking available;
b. The site and the proposed use will not operate in a manner to afford a
sharing of parking with other uses located on the site;
C. A parking management plan for the site and surrounding areas has not
been prepared or approved;
d. The parking requirements for restaurants as outlined in Section
20.66.100(B) is appropriate for the use and the use as proposed will
generate a parking demand that is not less than that required by Section
20.66.100(B).
2. The restaurant use is likely to have an adverse impact on the parking for
businesses on the same site as well as adjacent properties.
3. The proposed use could have an adverse impact on residential uses to the north
and south by introducing noise from the outside dining, as well as noise by
patrons parking along Sherington Place.
�1
NEWPORT BEACH
POLICE DEPARTMENT
July 24, 2002
TO: B. Cunningham, Planner
FROM: I Inv. Tom Voth
SUBJECT: Capri Blu Ristorante
RECEIVED SY
PLANNING DEPARTMENT
CITY of RI FIA!o!1pT f?pAl. }'�
AM JUL 2 G 2002 PM
718i9�10�1I�I2fll2l3lglg 6
At your request, our office has examined the project review plan for the Capri Blu
Ristorante Project located at 1617 Westcliff Drive, Newport Beach. This business will
occupy an approximate total of 2,236 square feet of the total 13,650 square feet of
building space. I spoke with the applicant, Mr. Giuseppe Vitiello who provided the
following details concerning the restaurant's planned operation. This restaurant would be
similar to the two businesses he has operated in Colorado (Telluride and Mountain
Village) for the last five years. Those were Italian theme, family oriented, fine dining
restaurants with licenses to sell alcoholic beverages. According to Mr. Vitiello, there
have been no negative contacts with the Colorado Liquor Enforcement Division. That
information was verified along with his history as a licensee. No live entertainment or
dancing is planned for the restaurant with the possible exception of non - amplified interior
music during the Holiday season. Mr. Vitiello understands such activities will require
that he apply for a special event permits. The anticipated opening date would be mid -
November 2002.
The applicant is currently seeking a Type 47 (On Sale General- Eating Place) licenses
through an A.B.C. license broker. This will entitle the licensee to provide full service
alcoholic beverages. The proposed floor plan shows a small bar that, according to the
applicant, is to provide alcoholic beverage service to customers while they wait for their
tables. Alcoholic beverage service is to be in conjunction with food service.
For Police services information refer to the attached report by Crime Analyst Paul
Salenko.
Location History
Mr. Vitiello said that the business that had previously occupied this space was 'a
pharmacy and that they will be utilizing a portion of that space and the adjacent patio.
Slgns:
Mr. Vitiello said that their signs would be configured to comply with the City sign
requirements.
to
Hours of Operation:
The intended hours of operation are 11 a.m. to 11 p.m. daily. The Police Department
recommends a 10:00 p.m. closing time for the patio in order to minimize potential noise-
related impacts for the adjacent residential area.
Preventive Design:
The Police Department has no recommendations.
The Police Department has no objection to the operation as described by Mr. Vitiello, but
we are recommending a closing time of 10 p.m. for the patio. The Police Department
will condition the ABC license as necessary to maintain the health, safety and welfare of
the community.
r " `'
J i"r
Inv. Tom Voth
Vice and Intelligence Unit
I
City of Newport Beach
Police Department
Memorandum
July 23, 2002
TO: Bill Cunningham, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
RECEIVED BY
PLANNING DEPARTMENT
CITY nF K1;.:M0DrnaT r,EACH
AM JUL 2 g 2002 PM
71819110111112111213 41516
At your request, our office has reviewed police services data for the Giuseppe Vitello project
at 1617 Westcliff Dr. This area encompasses our reporting district (RD) number 28 as well as
part of Census Tract 633. This report reflects City of Newport Beach data for calendar year
2001, which is the most current data available.
Calls for Service Information
City wide there were 55,291 calls for police services during this time, of which 1,848 were in
RD 28. A "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,955 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,852 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
4,103 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,770.24 per 100,000 people. The national Part One crime rate was 4,124.0 per
100,000 people.
Crimes
RD 28
Newport Beach
California*
National*
Part 1
127
2,852
1,266,714
11,605,751
Part 2
102
4,103
N/A
N/A
Part iCrime Rate
4,710.68
3,770.24
3,739.7
4,124.0
The number of active ABC licenses in this RD is 8 **
This reporting district had a total of 229 reported crimes as compared to a City wide
reporting district average of 211 reported crimes. This reporting district is 18 crimes or 8.66%
above the City wide reporting district average. This location is not within an area where the
number of crimes is at least 75% higher than the average of all reporting districts in the City
as outlined in the City Council "K -T' policy.
M
Arrest Information
There were 4 DUI arrests and 16 Plain Drunk arrests in this area during this same period as
compared to 1,769 for the entire city. This RD amounts to 1.14 % of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
(DUI/Drunk)
All Arrests
RD 28 Newport Beach
20 1,769
53 3,629
California* National*
N/A N/A
1,408,904 9,123,428
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 26 and RD 29. As you know, RD 29 is primarily residential in nature.
Crimes
RD 26
RD 29
Part 1
141
40
Part 2
162
64
Crime Rate
5,318.75
1,011.63
Arrests (DUI/Drunk)
69
11
All Arrests
118
27
Calls For Service
21193
1,463
Number of active ABC licenses
12 **
0 **
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 75,645.
*These numbers are from the 2000 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document.
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
July 23, 2002
�3
EXHIBIT 4
REPORTING DISTRICT MAP
d4
Reporting Districts
Newport Beach Police Department
Effective January 1, 2002
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PACIFIC OCEAN .......
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a 9 2002 PM
PARKING STUDY REPORT
FOR
CAPRI BLU RISTORANTE
@ 1617 WESTCLIFF DRIVE, SUITE 121
NEWPORT BEACH, CA 92660
DATE PREPARED: JULY 27, 2002
PREPARED FOR:
GiUSEPPE ViTiEttO
45 Palatine, Suite 245
Irvine, CA 92612
PREPARED BY:
RICK ENGINEERING COMPANY
One City Boulevard West, Suite 1285,
Orange, CA 92868
PH: (714) 939 -1440 FAX: (714) 939 -1441
RICK ENGINEERING COMPANY
sm Diego . Riverside . Omp . Phoenix . Tms
(619)291-0707 (714) 939 -1440
J -14241
TABLE OF CONTENTS
INTRODUCTION.............................................. ..............................1
SUMMARY..................................................................... ..............................1
FIGURE 1, VICINITY MAP .......................... ............................... 2
EXISTING CONDITIONS ................................... ............................... 3
PARKING SURVEY ANALYSIS ........................... ............................... 3
FIGURE 2, OBSERVED VACANT PARKING STALLS CHART ............. 6
FIGURE 3, SITE LAYOUT ............................ ............................... 7
FIGURE 4 THROUGH FIGURE 7, EXISTING CONDITIONS PHOTOS ... 8
ATTACHMENT 1— PARKING SURVEY DATA
ATTACHMENT 2 — LIST OF BUILDING TENANTS
ATTACHMENT 3 - PORTION NEWPORT BEACH MUNICIPAL,CODE
This report was prepared under the direction of Barry J. Cowan, Principal Project
Engineer, Rick Engineering Company, One City Boulevard West, Suite 1285, Orange
California, 92868, phone number (714) 939 -1440.
a
w rso. c assOe
cc
Barry J. .E. Exp.6Lbo o3
'fry C/V11-
q� OF CaL�F�
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INTRODUCTION
The purpose of this study is to present the findings of a parking demand analysis for the
proposed Capri Blu Ristomrite to be located inside the office building at 1617 Westcliff
Drive within the city of Newport Beach (see Figure 1). The property is bound by
Westcliff Drive to the north and Sherington Place to the south with direct parking lot
access to each street. The study analyzes the current parking demand and impact on the
parking demand due to the addition of the proposed restaurant. The office building is
occupied by a variety of commercial businesses. On -site parking is provided by a total
of 132 painted parking stalls, which includes eight (8) handicapped stalls.
The space proposed for this quality restaurant was previously a pharmacy and is now
vacant. The restaurant will consist of 2,236 square feet of gross floor area and 1,976
square feet of net public access (see Figure 2). The seating capacity of the restaurant
includes 20 seats on the patio and 80 seats inside with 8 additional seats at the bar. The
owner of the restaurant has applied for a full liquor license, Type 47, and has stated that
live entertainment will not be provided on the premises.
The proposed restaurant is expected to increase the parking demand to the office
building. Therefore, this parking study is prepared to determine the actual on -site
parking demand for the office building. The study is based on site observations over
three days during times of anticipated peak hours of the restaurant. The result of this
study will determine the existing parking demand associated with the office building and
the impact to parking demand due to the proposed restaurant.
Mi0lu /:\ 7`I
It is concluded that there is adequate on -site parking for the proposed restaurant use. This
conclusion is based on the methodologies of assuming one parking stall for 40 square feet
of net useable public area, and assumed Vehicle Occupancy Rates for employees and
patrons. The calculated parking demand for the site including the proposed restaurant is
equal to or less than the provided 132 on -site parking stalls for a worst case of 95.5% of
the observed samples. Because of this and the fact that street parking is available nearby,
sharing of parking stalls with adjacent buildings was observed, and the assumption is
made that all tables would be utilized during the peak lunch time hour, it is our
conclusion that there is adequate parking available for the proposed restaurant use.
Please refer to the Parking Survey Analysis section of this study for our methodology
leading to the conclusion.
Rica
ENGINEERING VICINITY MAP FIGURE 1
COMPANY
1`
u
s
EXISTING CONDITIONS
v
LThe subject property site is shown in Figare2 on page 5. A list of the current occupants and
respective gross floor area is provided in Attachment 2. The office building is provided with
r parking along the north, east and south sides of the building. Access to parking is allowed at
several points along Westcliff Drive and Sherington Place.
The existing use in the approximately 31,000 square foot office building is comprised of a
mix of medical, dental, professional, and other minor commercial uses. The subject property
lot size is approximately 1.7 acres.
Per the Newport Beach Zoning Code Section 20.66.030, "Off- Street Parking and Loading
Spaces Required ", a commercial building of this type will require that one (1) parking space
be provided for each 250 square feet of net floor area. For this site, this results in a total
required parking space count of 124 stalls. There are 132 existing stalls provided, of which
eight (8) are handicapped stalls.
There are adjacent properties to each side of the subject study property with direct connecting
vehicular access. These immediately adjacent properties are also of commercial use. Also,
on -street parking is allowed on Sherington Place. An existing apartment complex takes
access from Sherington Place to the south of the study property. It was observed that the
apartment tenants utilize the available Sherington Place on- street parking during the evening
hours (off -peak hours). During normal business hours the on- street parking was not fully
utilized by the apartment tenants.
During the performance the parking counts, it was observed that some patrons of the adjacent
businesses would use the parking stalls in the project study parking lot, rather than using the
parking stalls provided for the adjacent site.
PARKING SURVEY ANALYSIS
In order to determine the existing parking demand associated with the office building, parking
surveys were conducted at the site on three (3) different days. It was anticipated the peak
demand for the restaurant would occur during lunch and dinner hours. Therefore, the survey
was performed on a Thursday, Friday and Saturday during these peak demand times at fifteen
minute intervals. The results of the survey are shown in Attachment 1. Note that the survey
reflects the number of parked cars with the percent used based on a total of 132 parking stalls
available.
According to the City of Newport Beach Zoning Code, Section 20.66.070, the proposed
restaurant (full- service, low turnover) will require parking within a range of one stall for each
30 to 50 square feet of net public area. The net public area for the restaurant is 1976 square
feet. Based on the above requirement, the required parking range is between 66 stalls to 40
stalls.
Due to the upscale nature of the establishment, lack of live entertainment, and relatively small
bar area (8 seats), a low turnover of customer parking is most likely, thus decreasing the
3°Z
parking demand. It is rational to assume the required parking would fall towards the higher
end of the above noted parking stalls -to -net area ratio range. Therefore, one stall per 40
square feet of net public area is reasonable for this type of establishment. This results in a
parking requirement of 49 parking stalls for the proposed restaurant.
Most of the businesses within the office building close between 5:00 p.m. and 6:00 p.m. and
are not open during the weekend. Therefore, there is ample on -site parking during the
restaurant's peak dinner hours and weekends to accommodate restaurant patrons. However,
during the peak lunch hours the on -site parking reaches full capacity. Assuming the
restaurant reaches the peak parking demand of 49 vehicles, the number of available parking
stalls out of the 132 total provided on -site would be 83 stalls (132— 49 = 83). The survey data
shows that the existing parking demand exceeds 83 vehicles only during three (3) fifteen
minutes intervals from 11:00 a.m. to 11:30 a.m. on Friday, 7/19/02. Since this occurs early in
the lunch hours, it is not likely that the restaurant will be at full capacity and would not require
the entire anticipated peak parking demand of 49 stalls.
The chart in Attachment 1 shows the 49 required parking stalls, with the observed parking
-- availability for the days and times the parking counts were performed. The samples below
the Required Restaurant Parking line reflects the day and times when on -site parking demand
would be greater than that provided. The lines above the Required Restaurant Parking line
reflects the days and times when there would be adequate on -site parking available for the
proposed restaurant use. The 15 minute intervals where the parking threshold was exceeded
represents three (3) samples out of 66 observed, or only 4.5 %.
In the event of the on -site parking lot reaching capacity, any overflow could use off -site
parking along the southern side of Sherington Place. During site observations, it was noticed
that there was minimal use of the on- street parking during the day and would be available for
overflow. During the evening hours, the on- street parking was mostly used by tenant/guest
overflow of the adjacent apartment complex. Note that the apartment complex does provide
on -site tenant parking and the street parking is not.exclusive.
It was also observed that on -site parking stalls in the study area were utilized by patrons of the
adjacent buildings. Although, the numbers observed were comparatively small, in a site with
a parking demand nearly equal to that provided.
Because the parking stall demand is so close to that provided, a check procedure was
performed. In discussions with the restaurant operator the following data was found:
Proposed employees: 10
Proposed seats: 108
Assumed Vehicle Occupancy Rate (VOR) for employees:* 1.4 emp /vehicle
Assumed Vehicle Occupancy Rate (VOR) for patrons:* 3 persons/vebicle
* Based on observations of similar restaurants operated.
Necessary available parking stalls for proposed restaurant use is as follows:
l..
10 employees at 1.4 emplveh = 7 parking stalls
108 seats at 3 persons/veh = 36 nazkinng stalls
Total required = 43 parking stalls
Peak usage, based on observed samples, would be 91 + 43 = 134 parking stalls, which
assumes that all tables would be in use during the peak lunch hour.
Using this methodology, the peak threshold would occur when the observed parking count
was at or above 89 utilized stalls (132- 43 =89). In reviewing the obtained samples, this occurs
twice out of the 66 observed 15 minute samples, or only 3 %.
Using the above methodologies based on one parking stall for 40 square feet of net useable
public area, and assumed VOP, the parking demand is equal to or less than that provided for a
worst case of 95.5% of the observed samples. Because of this and the fact that street parking
is available nearby, sharing of parking stalls with adjacent buildings was observed, and the
assumption is made that all tables would be utilized during the peak hunch time hour, it is our
conclusion that there is adequate parking available for the proposed restaurant use.
,
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PROPOSED RESTAURANT PATIO AREA
ENGMEMNGI EXISTING CONDITIONS PHOTOS I Figure 7
COMPANY
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ATTACHMENT 2
LIST OF BUILDING OCCUPANTS
I
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�HrKi uUU .PAGE 04
WESTCLIFF BLDG. BUSINESSES SQ.FT.
Suite #
Tenant
% of share
8,36A
1~599
_ !_ 637
20.03%
5.1No
^_ 2°!°
Medical 2Empl�9 Doctors.
Retail
Office ^ — -- —..
100
103 -108
105
F.A.M. Inc
Qheen Bee
Lariat Goorlr Wn
107 -109
No X=I —
^— -684
— 2,20%
G
+_
111 -112
121
200
Sto e
Horton & Converse
Mr.Moss
1,370
_ 3,99966
4.40%
12.70%
Stolle, ^
Office
201
Dr. Weems
1.153
3.70%
Medical
_
202
203
Dr. Eberdht
Dr. Bof man
493'
902
1.60%
2.90%
Medical
Medical
204
Dr Wells
1,956
6.20%
Dental
205
Back to basicss
— 2,713
—8.70%
207
Oasis Saloon
2,140
6.80%
2.60%
Hairdresser
TerapLSt
208
Motivheatlh !�
_
798
802
210
Oakhlil Development Go.
2.60%
Office
211
The Guild
1.224
3.907,
Insurance __
212
Vande
_ 590
_ 1.90%
FaciaR messes
STORAG
Vacant
1,652
�1
3.40%
'
Stora�eZza.
STORAG
Satan
206
3.40%
Store a Mersa.
4
Page 20.66 -12
Off- Street Parking
and Loading Regulations
a... That doors remain open during regular business hours.
b. That a sign be posted on the business frontage which advises patrons
of the availability and location of parking spaces.
U. That a sign be posted on the rear of the site which contains the
following information:
(1) Doors are to remain open during business hours.
(2) A number to call for Code Enforcement.
(3) Municipal Code Section.
d. That the location, size and color of the signs required by 2 and 3
Above shall be approved by the Planning Director.
4. ' Exceptions.
a. Where the size, shape, location, or topography of the proposed
parking facility make compliance with the requirements of this
section impractical and will result in hardship, the requirements of
this chapter and the off - street parking standards as are necessary to
permit development of the parking facility may be waived so long as
the waiver does not create an unsafe condition or a condition which
is detrimental to surrounding property.
b. For commercial districts, application for a waiver of the requirements
of this section shall be made to the Modifications Committee.
C. For industrial districts, application for a waiver of the requirements
of this section shall be made to the Planning Commission.
20.66.060 Parldng Requirement for Office Buildings Based on Size of Parking Pool
The parking requirement for office buildings, as specified in this chapter may be modified in
accordance with the following schedule:
A. For the first 125,000 sq. ft., l parking space shall be provided for each 250 sq. ft. of
net floor area.
B. For the next 300,000 sq. ft., l parking space shall be provided for each 300 sq. ft. of
net floor area.
11124/99
Page 20.66.13
Off-Street Parlmtg
and Loading Regulations
C. For any additional floor area, l parking space shall be provided for each 350 sq. ft.
of net floor area.
D. For pools based on more than 425,000 sq. ft. of net floor area, the Planning
Commission may modify the parking formula by use permit, based on a demonstrated
formula.
20.66.070 Parking Requirement for Eating and Drinking Establishments and Cabarets
and Nightclubs
A. The Planning Commission shall establish the off - street parking requirement for
Eating and Drinking Establishments (except for Full- Service, Small - Scale, Take -Out
Service, Take -Out Service, Limited, and Accessory establishments), Cabarets, and
Nightclubs within . a range of one space for each 30 to 50 square feet of net public
area based upon the following considerations:
1. The physical design characteristics of the use including:
a. The portion of net public area designated for dining, cocktails or
dancing.
b. The number of tables or seats and their arrangement.
C. Other areas that should logically be excluded from the determination
of net public area.
d. The parking lot design, including the use of small car spaces, tandem
and valet parking and loading areas.
e. Availability of guest dock space for boats.
f. Extent of outdoor dining.
2. Operational characteristics, including:
a. The amount of floor area devoted to live entertainment or dancing.
b. The amount of floor area devoted to the sale of alcoholic beverages.
C. The presence of pool tables, big screen televisions or other attractions.
d. The hours of operation.
11/24/99
H�
Page 20.66 -14
Off-Street Parking
and Loading Regulations
3. The location of the establishment:
a. In relation to other uses and the waterfront.
b. Availability of off -site parking nearby.
C. Amount of walk -in trade.
d. Parking problems in the area at times of peak demand.
if during the review of the use permit, the Planning Commission uses any of the
preceding considerations as a basis for establishing the parking requirement, the
substance of such considerations shall become conditions of the use permit and a
change to any.of these conditions will require an amendment to the use permit, which
may be amended to establish parking requirements within the range as noted above.
B. The off - street parking requirement for Take -out Service, or any Eating and Drinking
Establishment with drive- through or drive -up service, shall be 1 parking space for
each 50 square feet of gross floor area contained within a building or in any outdoor
area capable of being used for the purpose of serving food or beverages. In addition,
one parking space shall be provided for each employee on duty.
C. The off - street parking requirement for Full Service, Small-Scale establishments not
providing live entertainment shall be I parking space for each 3 seats or 1 space for
each 75 square feet of net public area. For Full Service, Small -Scale establishments
providing live entertainment, the Planning Director shall establish the off - street
parking requirement within a range of one space for each 30 to 50 square feet of net
public area using the considerations provided in Section 20.66.070 (A).
20.66.080 Off -Street Parking on a Separate Lot
The Planning Commission shall not approve off - street parking on a separate lot from the site or sites
unless:
A. Such lot is so located as to be useful in connection with the proposed use or uses on
the site or sites.
B. Parking on such lot will not create undue traffic hazards in the surrounding area.
C. Such lot and the site are in the same ownership, or the owners of the sites have a
common ownership in such lot, and the owner or owners are entitled to the
immediate possession and use thereof (ownership of the off -site lot must be
11/24/99
r5
EXHIBIT 6
CITY TRAFFIC ENGINEERS REPORT
MEMORANDUM
August 6, 2002
TO: Bill Cunningham
FROM: Rich �dmonston
SUBJECT: Vitiello Restaurant Parking Study Comments
The Parking Study Report indicates that there is a potential
parking shortage based upon peak current usage on Friday
between 11:00 and 2:00 but concludes that the peak current
demand is earlier than a typical lunch peak for a
restaurant. This is technically a true statement, but from
a practical standpoint, the parking is problematic for the
following reasons:
When parking exceeds about 90% of the capacity, motorists
wanting a parking space spend considerable time looking for
a space and frequently block the aisle while waiting for
someone to vacate a space. Most of the lunch period on the
Friday that was surveyed would have had fewer than 5 empty
spaces, which is less than 4$ vacancy with the demand for
the restaurant included.
The greatest pool of parking is at the "rear ", but this
parking is in reality three separate parking, lots that when
they are full, will require the motorist to back out into a
public street and then enter another driveway to continue
their search for a parking spot. This type of design has
not been acceptable for new parking facilities for over
twenty years because of the obvious drawbacks.
When one considers the marginally adequate number of spaces
and the lack of circulation between parking areas, it would
be surprising if this facility does not experience parking
"failure" during peak lunch periods.
If this project is to be approved, it is recommended that a
condition be crafted which would allow the Planning
Department to require portions of the restaurant and /or
patio to be closed during lunch time to limit the demand, if
parking problems are experienced.
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