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HomeMy WebLinkAbout3.0_Taco Bell Cantina Conditional Use Permit_PA2017-198o��,EWP°Rr CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT = December 7, 2017 Agenda Item No. 3 SUBJECT: Taco Bell Cantina Conditional Use Permit (PA2017-198) SITE LOCATION: 2121 West Balboa Boulevard Conditional Use Permit No. UP2017-028 APPLICANT: Christian Fanticola, T&T Taco, LLC OWNER: McFadden Place, LLC PLANNER: Gregg Ramirez, Senior Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY A conditional use permit (CUP) to allow a food service, eating and drinking establishment, Taco Bell Cantina, with late hours (7 a.m to 2 a.m), and a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license in a tenant space historically occipied by Original Pizza. Currently a legal nonconforming restaurant use with a Type 40 (On Sale Beer Only) is allowed to operate with no limitation of business hours. Tenant improvements for Taco Bell Cantina are currently in progess with an anticipated opening date in mid-December. The floor plan includes a dining room with 32 seats. If approved, the restaurant as proposed requires the owner/operator to obtain an Operator License through the City because of the issuance of a new conditional use permit for a restaurant with alcohol sales operating after 11 p.m., pursaunt to Newport Beach Municipal Code (NBMC) 5.25 RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. 2073 approving Conditional Use Permit No. UP2017-028 (Attachment No. PC 1). 1 9 Taco Bell Cantina Planning Commission, December 7, 2017 Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed -U eaatte Related Mixed -U a WWer Related Restaurants/Mixed-Use Residential NORTH Mixed -Use Wer Related Mixed -U a Wer Related Offices, Restaurant SOUTH I Mixed -Use Related Mixed -U eU Wer Related Restaurant/Bar/Hotel U- EAST Mixed -Use WWer Related Mixed -Use W2) Related Public Parking Lot WEST Mixed -Use U Wer Related Mixed -U a WWer Related Restaurant S Taco Bell Cantina Planning Commission, December 7, 2017 Page 3 INTRODUCTION Project Setting and Background The subject property is located within the McFadden Square area of the Balboa Peninsula near the Newport Pier. Surrounding land uses include the Banzai Bowl restaurant to the west, professional offices and Pizza Bar to the north, Stag Bar + Kitchen to the south and the 137 -space McFadden municipal parking lot to the east. Also located within walking distance is the Ocean Front municipal parking lot which contains 211 parking spaces. The property is approximately 2,700 square feet in area and is developed with a 5,278 - square -foot mixed-use building. The lower floor is currently developed with Taco Bell Cantina (1,288 square feet), TK Burgers (977 square feet), and a vacant retail space (374 square feet). The upper floor contains eight small apartments with shared restrooms (2,639 square feet). The development is considered legal nonconforming since it exceeds the allowable floor area ratio of 0.5 and there is no parking on site. According to County records, the building was originally constructed in 1914. The previous tenant, Original Pizza, occupied the space from 1963 to 2017. The adjacent TK Burgers has been in business since 1978. Project Description A conditional use permit to allow a food service, eating and drinking establishment, Taco Bell Cantina, with late hours (7 a.m to 2 a.m), and a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license. Currently a legal nonconforming restaurant use with a Type 40 (On Sale Beer Only) alcohol licnese is allowed to operate with no limitaiton of business hours in the 1,288 -square -foot tenant space. The floor plan includes a dining room with a net public area of 504 square feet with 32 seats. The applicant's project description and project plans are inlcuded as Attachments No. PC2 and PCS. The restaurant also includes a legal nonconforming take-out window located on the side of the building next the McFadden Square municipal parking lot and adjacent to TK Burgers. The applicant requests that the take-out window be allowed the same hours as the dining room, but be restricted to the pick-up of pre -paid food orders only to limit activity on and adjacent to the sidewalk. There is currently no limitation on window hours or types of transactions. No live entertainment or dancing are proposed. If the requested CUP is approved and implemented, the legal nonconforming status will expire and the restaurant will be subject to all conditions of the CUP and the requirement to obtain an Operator License due to the proposed late hours of operation. If the CUP is denied or approved and not implemented, the restaurant will retain its legal non- conforming rights and be able to continue operation in substantial conformance with the existing floor plan and with no limitations on business hours and the Type 40 (On Sale Beer Only) alcohol license. 0 Taco Bell Cantina Planning Commission, December 7, 2017 Page 4 DISCUSSION Consistency with General Plan/Coastal Land Use PlawZoning Code The site is designated MU -W2 (Mixed -Use Water Related) by the General Plan Land Use Element, the Coastal Land Use Plan, and the Zoning Code. The MU -W2 designation applies to waterfront and near waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. The restaurant and mixed-use building it is located in are consistent with this land use designation and, as proposed, the restaurant is allowed with the approval of a CUP. Land Use Policy LU6.8.2 (Component Districts) of the General Plan notes, "McFadden Square should be emphasized as [one of the] primary activity centers of the northern portion of the Peninsula." The existing and proposed restaurant, which provides a dining option to residents and visitors, is consistent with this policy. Land Use Policy LU6.12.1 (Priority Uses) of the General Plan and Land Use Policy 2.1.5-7 of the Coastal Land Use Plan state that one of the goals for the McFadden Square area is to "accommodate visitor- and local -serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations as well as mixed-use buildings that integrate residential with ground level retail". The proposed project, which is located on the ground floor of a mixed-use building, is consistent with this policy. Under the zoning and land use designation of MU -W2, the Floor Area Ratio (FAR) for the subject property is limited to 1.25 (0.5 commercial and 0.75 residential) given its composition of uses. At approximately 2.0 the existing FAR is nonconforming. The existing building and ongoing alterations (no expansion of floor area) are allowed by Section 20.38.040 (Nonconforming Structures) of the Zoning Code and Land Use Element policies that allow the continued use of principal structures that exceed the allowed FAR. Late Hours of Operation Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport Beach Municipal Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations: 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities; 2. High levels of lighting and illumination; 5 Taco Bell Cantina Planning Commission, December 7, 2017 Page 5 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. The draft resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. The use of the take-out window will be restricted to pick-up of pre -paid food orders only to limit activity on the public sidewalk. The 2 a.m. closing hour, instead of the 24 hours currently allowed, is similar to other restaurants in the area and will help encourage people to leave the area rather than loiter in the area beyond 2 a.m. Approval will also require the operator to obtain an Operator License pursuant to Chapter 5.25 of the NBMC. The Operator License will provide enhanced tools (including the requirement for a security plan), to control noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances that could result from the use, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Alcohol Sales Finding In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the Planning Commission must find that: 1. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Municipal Code. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code, which is to preserve a healthy environment for residents and businesses and prevent alcohol-related problems. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal recreation opportunities. The operational characteristics, including more restrictive hours of operation, have been conditioned to improve the compatibility of the proposed use with surrounding land uses. Although the area is located in an over -concentrated area for alcohol licenses (Reporting District 15) the location is currently allowed a Type 40 (On Sale Beer Only) ABC license. The change to a Type 41 (On Sale Beer and Wine) does not increase the total number of ABC licenses in the reporting district. N Taco Bell Cantina Planning Commission, December 7, 2017 Page 6 Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The Police Department memo and statistics is included as Attachment No. PC 3. Conditional Use Permit Findings The requested change in alcohol license is considered a substantial change that requires the approval of a new CUP. 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 CUP: 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, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The operation is defined as an eating and drinking establishment (Food Service, Late Hours) and is consistent with the purpose and intent of MU -W2 (Mixed -Use Water Related) General Plan land use designation and Zoning District. The MU -W2 designation applies to waterfront and near waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. Restaurants with alcoholic beverage sales can be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses through compliance with the proposed conditions of approval. The building renovations are expected to have a positive impact on the overall economic health of the community and promote further revitalization of the other commercial properties within McFadden Square. Additionally, project approval will limit the restaurant's business hours and require an Operator License. Therefore, staff believes that the proposed ABC license change and operational characteristics are appropriate for this location. 7 Taco Bell Cantina Planning Commission, December 7, 2017 Page 7 Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item may be required to be continued to a future meeting. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 4). Environmental Review 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 of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 proposed allows the existing restaurant to continue operating with the upgrade from a Type 40 (On Sale Beer Only) ABC license to a Type 41 (On Sale Beer and Wine) license. 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: -24::��Z4 "I, - Gregg R irez Senior Planner Submitted by: of Jim Campbell Deputy Community Development Director CP Taco Bell Cantina Planning Commission, December 7, 2017 Page 8 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant's Project Description PC 3 Police Department Memorandum PC 4 Draft Resolution for Denial PC 5 Project Plans 0 ID Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 12 RESOLUTION NO. 2073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-028 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS AND A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 2121 WEST BALBOA BOULEVARD (PA2017-198) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christian Fanticola/T&T Taco, LLC ("Applicant') with respect to property located at 2121 West Balboa Boulevard, and legally described as Lot 14 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps ("Property"), in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. Applicant proposes a conditional use permit for a food service, eating and drinking establishment with late hours and Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license in an existing legal nonconforming eating and drinking establishment. The eating and drinking establishment includes an interior dining area, a kitchen, restroom facilities, and a take-out window. The proposed hours of operation are from 7 a.m. to 2 a.m. 3. The subject Property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). A coastal development permit is not required because the request is to change the type of permitted Alcoholic Beverage Control (ABC) license and does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on December 7, 2017, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 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 i3 Planning Commission Resolution No. 2073 Paqe 2 of 15 Code of Regulations, Title 14, 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 proposed allows the existing eating and drinking establishment to continue operating with the upgrade from a Type 40 (On Sale Beer Only) ABC license to a Type 41 (On Sale Beer and Wine). SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales), 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 Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with NBMC Section 20.48.030, 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 subject property is located in Reporting District 15 (RD 15). The Part One Crimes (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) crime rate in RD 15 was 288 crimes reported in 2016, which is higher than adjacent reporting districts and the Citywide average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non- residential to residential uses clustered in the commercial and mixed-use districts. The McFadden Square areas has historically been a business and recreation hub for residents and tourists, drawing a large number of visitors year-round but particularly in the summer months. While the area does have a high concentration of alcohol licenses, the proposed change from a Type 40 (On Sale Beer Only) to Type 41 (On Sale Beer and Wine) will not increase the number of alcohol licenses. The service of alcoholic beverages would provide additional menu options for customers and could enhance the economic viability of the business, while the CUP and Operator License will provide greater enforcement options. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the change of alcoholic beverage license In Planning Commission Resolution No. 2073 Paqe 3 of 15 subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan with no separate bar counter, business hours that are more restrictive than the current unrestricted hours and the requirement to obtain an Operator License. The Operator License provides an additional tool for the Police Department to control the use, especially should objectionable activities occur at the site. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD 15 has a higher number of DUI/Drunk Arrests, Total Arrests, and Calls for Service recorded in 2016 compared to adjacent reporting districts. From January 1, 2016 through December 31, 2016, the tenant space was occupied by Original Pizza and the Police Department reported four calls for service at the address. The Police Department has reviewed the application and has no objection. The Police Department does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. 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. The project site is located in a mixed-use zoning district which allows for residential uses when intermixed with nonresidential uses. The nearest residential zoning district is located approximately 315 feet east of the project site, at the corner of West Balboa Boulevard and 21st Street. The nearest residential units are located on the second floor above the restaurant. 2. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 300 feet to the southwest of the subject property. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary School, is located 0.7 miles to the east of the subject property along West Balboa Boulevard. The nearest daycare center, Children's Center by the Sea, is approximately 0.6 miles to the east along West Balboa Boulevard. The proposed use is surrounded by other commercial, retail, and office uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another and eating and drinking establishments with alcohol service are common. The proposed change in ABC license type in conjunction with the CUP and Operator License conditions of approval, where none currently exist, will help minimize nuisances that the restaurant could have to surrounding uses and ensure that the use remains compatible with the surrounding community. 15 Planning Commission Resolution No. 2073 Paqe 4 of 15 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The per capita ratio of one license for every 69 residents is higher than all adjacent Census Tracts and the average City-wide ratio. This is due to the higher concentration of commercial land uses, many of them visitor -serving, in McFadden Square, Lido Marina Village and Cannery Village, and lower number of residential population in the RD 15 area. Nearby establishments selling alcohol include the Stag Bar + Kitchen, 21 Oceanfront, Dory Deli, Beach Ball, Blackie's and several others located in the McFadden Square area. 2. While the license -to -resident ratio is higher than average and proposed establishment is located in close proximity to other establishments selling alcoholic beverages, staff believes the physical and operational characteristics of the restaurant would make the continuation of alcoholic beverage sales appropriate at this location. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the site. 2. The existing tenant space has been vacant since early 2017 and currently nearing completion of tenant improvements for the Taco Bell Cantina. In addition to interior and facade improvements, the building is being brought into compliance with all current Building and Fire Code requirements. 3. The restaurant is currently a legal non -conforming use and when renovations are completed it is allowed open and operate in the configuration show on the attached plans, including the take-out window. (Attachment No. PC 5). The nonconforming status also allows the operator to hold a Type 40 (On Sale Beer Only) ABC license and operate 24 hours, daily, where the proposed hours are 7 a.m. to 2 a.m. 4. All employees serving alcohol will be required to be at least 21 years of age, and undergo, and successfully complete, Responsible Beverage Service (RBS) training. Approval of this application will require the operator to obtain an Operator License pursuant to Chapter 5.25 of the NBMC. The Operator License will provide enhanced tools to control noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances that could result from the use, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: 10 Planning Commission Resolution No. 2073 Page 5 of 15 Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan and Coastal Land Use Plan land use designation for this site is MU - W2 (Mixed -Use Water Related). The MU -W2 designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. The eating and drinking establishment is consistent with this land use designation. Eating and drinking establishment uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 2. Although the existing structure in which the eating and drinking establishment is located exceeds the allowed floor area ratio, the proposed application will not result in an increase in the floor area. The project is consistent with the Land Use Element development policies and related non -conforming regulations. 3. The proposed expansion is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers on the Balboa Peninsula. The use of a food service, eating and drinking establishment in a location previously occupied by a food service, eating and drinking establishment for over 50 years will continue to serve residents and visitors to the area. 4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The building in which the eating and drinking establishment is located is currently undergoing interior and exterior upgrades consistent with general plan policies. 5. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The MU -W2 (Mixed -Use Water Related) zoning district applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. Eating and drinking establishments classified as Food Service, Late -Hours require the approval of conditional use permit within the MU -W2 (Mixed -Use Water Related) Zoning District. 17 Planning Commission Resolution No. 2073 Paqe 6 of 15 2. An eating and drinking establishment with a Type 40 (On Sale Beer Only) ABC license has been operating at this location since 1963 without the benefit of a use permit. The recent re -model of the eating and drinking establishment did not increase the net public area nor patron seating. The change to a Type 41 (On Sale Beer and Wine) ABC license constitutes the addition of a menu item and does not intensify the use of the property. 3. The Property does not provide on-site parking, however, the tenant space is legal non - confirming related to parking. The tenant improvements were allowed by the zoning code because the net public area and seating did not increase beyond the historical size of the eating and drinking establishment. The change of ABC license does not require additional parking. The McFadden Square area, served by the two adjacent municipal lots and the close proximity to multiple commercial uses and beach and coastal recreation areas, will result in shared trips to the eating and drinking establishment. 4. The existing take-out window located adjacent to the McFadden Place parking lot is a legal non -conforming component of the existing eating and drinking establishment. Limiting the use of the window for pre -paid, pick-up orders only will help minimize possible obstruction of the sidewalk and help limit activity below the second floor apartments that might otherwise become a nuisance especially in the early morning hours. 5. The existing building and ongoing alterations (no expansion of floor area) are allowed by Section 20.38.040 (Nonconforming Structures) of the Zoning Code and Land Use Element policies that allow the continued use of principal structures that exceed the allowed FAR. 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: The operation of the eating and drinking establishment will be restricted to business hours between 7 a.m. and 2 a.m., daily, where the existing nonconforming eating and drinking establishment use is allowed to operate twenty-four (24) hours daily. The proposed closing hour is compatible with other late night eating and drinking establishments in the area. The limitation on operating hours will improve compatibility with the second floor apartments located in the mixed-use building. The Newport Beach Police Department has reviewed the proposed application and does not object to the proposed business hours. AN Planning Commission Resolution No. 2073 Paqe 7 of 15 2. An eating and drinking establishment has been operating in this location without the benefit of a conditional use permit since 1963. Conditions of approval limiting the hours and use of take-out window will help ensure compatibility with the commercial and residential uses is maintained. 3. The approved floor plan provides a new interior dining area with improved restroom facilities, a kitchen area, and a take-out window, which will be used exclusively for the pick-up of pre -paid transactions only. Live entertainment and dancing are not proposed or allowed. 4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the proposed eating and drinking establishment is located in a mixed-use building, the tenant space has historically been occupied by an eating and drinking establishment. The McFadden square area is a popular local and tourist destination that helps create a vibrant mixed-use environment, historically associated with nightlife and late hour establishments. The added restriction on hours will ensure the eating and drinking establishment closes at the same time as other late hour establishments. The operator is also required to control trash and litter around the subject property. 5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community. 6. The Property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk-in patrons. The area experiences parking shortages in the daytime during the summer months, but parking is typically available during the rest of the year. Two municipal parking lots and on -street parking is available in the area to accommodate the proposed use in the off-season months. 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 project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has historically been occupied by an eating and drinking establishment. Access to the site is provided on 22nd Street and McFadden Place via West Balboa Boulevard. 19 Planning Commission Resolution No. 2073 Page 8 of 15 2. The continued use of the take-out window will not inhibit the public use of the adjacent sidewalk and conditions of approval have been included to ensure the patrons using the take-out window do not block or restrict use of the sidewalk. 3. Adequate public and emergency vehicle access, public services, and utilities are provided to the Property. All required utility and building upgrades were reviewed and approved during the plan check review of the recent tenant improvements. 4. The tenant improvements were reviewed for compliance with all Building, Public Works, and Fire Codes, as well as compliance with all City ordinances and conditions of approval. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 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 subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The recent improvements to the existing eating and drinking establishment should have a positive impact on the area and may promote further revitalization of commercial properties located in McFadden Square. The eating and drinking establishment will serve the surrounding community and visitors. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 4. The eating and drinking establishment will provide dining with alcohol service, a public convenience to the surrounding neighborhood and visitors to the area. This will help to revitalize the project site and provide an economic opportunity for the property owner to continue to upgrade and maintain the existing mixed-use building, which best serves the quality of life for the surrounding visitor- and local -serving community. 5. The eating and drinking establishment is currently allowed to operate twenty-four (24) hours daily without the benefit of a use permit or operator's license. The conditions of approval and requirement to obtain and operator's license will provide a greater enforcement mechanism should the eating and drinking establishment become a 20 Planning Commission Resolution No. 2073 Paqe 9 of 15 nuisance or operation in manner detrimental to the surrounding residents and businesses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-028, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with late hours and a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license located at 2121 West Balboa Boulevard. 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution 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 7TH DAY OF DECEMBER, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Peter Koetting, Chairman I--ya Erik Weigand, Secretary 21 Planning Commission Resolution No. 2073 Paqe 10 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2017-028 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise granted. 3. This CUP shall be reviewed by the Planning Commission one year from the implementation date. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 6. This Conditional Use Permit may be modified or revoked by the 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 8. Should the property be sold or otherwise come under different ownership, any future owners or either the current business owner, property owner or the leasing agent shall notify assignees of the conditions of this approval. 9. Prior to the issuance of a buildinq permit, Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. LPN Planning Commission Resolution No. 2073 Paqe 11 of 15 11. Prior to issuance of a building permit, Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. The hours of operation for the eating and drinking establishment including the take-out window shall be limited to between 7 a.m. and 2 a.m., daily. 13. Use of the take-out window located adjacent to the McFadden Place parking lot shall be limited to the pick-up of prepaid food orders only. 14. The operator is responsible for assuring patrons utilizing the take-out window do not queue in manner that obstructs the public's use of the adjacent sidewalk. 15. Any significant impact to traffic flow entering the parking lot, caused by vehicles regularly stopping in the drive aisle to pick up orders, could lead to a closure of the take-out window. 16. The net public area of the eating and drinking establishment shall be limited to a maximum of 504 square feet. 17. The dining area shall be limited to thirty-two (32) seats. The addition of bar area is prohibited. 18. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 19. All customers must vacate the establishment by 2 a.m., daily. 20. The removal or relocation of pool tables, tables, chairs, stools, or other furniture to accommodate an area for dancing shall be prohibited. 21. The eating and drinking establishment is allowed a Type 41 (On Sale Beer and Wine) ABC License. The sale of alcohol for off-site consumption is prohibited. 22. All proposed signs shall be in conformance with applicable provisions of NBMC Chapter 20.42 (Signs). 23. All lighting shall conform to the standards of NBMC Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, Applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 2S Planning Commission Resolution No. 2073 Paqe 12 of 15 24. The operator of the eating and drinking establishment shall be responsible for the control of noise generated by the subject eating and drinking establishment including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: 7 a.m. and 10 p.m. 10 p.m. and 7 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 25. That no outdoor paging system shall be utilized in conjunction with the eating and drinking establishment. 26. A sound system shall be permitted for pre-recorded music played at a background level only. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal Code. 27. 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 NBMC Title 14, including all future amendments (including Water Quality related requirements). 28. Trash receptacles for patrons shall be conveniently located inside the establishment. 29. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks and parking areas within 20 feet of the Property premises. Graffiti shall be removed within 48 hours of written notice from the City. 30. Deliveries and refuse collection for the eating and drinking establishment shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and federal holidays; unless Planning Commission Resolution No. 2073 Paqe 13 of 15 otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 31. All doors and windows of the eating and drinking establishment shall remain closed after 10 p.m. except for the ingress and egress of patrons and employees and use of the take- out window. 32. Storage outside of the building in the front or at the rear of the Property shall be prohibited. 33. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Taco Bell Cantina CUP including, but not limited to, the Conditional Use Permit No. UP2017-028 (PA2017-198). 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. 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. 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 34. The operator of the establishment shall secure and maintain an Operator License pursuant to NBMC Chapter 5.25. 35. The Operator License required to be obtained pursuant to NBMC Chapter 5.25, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late -hour nuisances associated with the operation of the establishment. 36. 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 a Type 41 (On Sale Beer and Wine) license, in conjunction with the eating and drinking establishment as the principal use of the facility. 37. No off sales of alcohol shall be permitted. 38. All owners, managers, and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 2.5 Planning Commission Resolution No. 2073 Paqe 14 of 15 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 40. There shall be no live entertainment or dancing allowed on the premises. 41. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 42. There shall be no reduced priced alcohol beverage promotions after 9 p.m. 43. Strict adherence to maximum occupancy limits is required. 44. 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. 45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 46. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and 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. 47. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 48. Any event or activity staged by an outside promoter or entity, where Applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person is prohibited. 49. There shall be no on-site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted later, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City. 20 Planning Commission Resolution No. 2073 Paqe 15 of 15 50. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 51. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 52. Management shall maintain a security system with a 30 -day retention and make those recordings available to the Police Department upon request. 27 m Attachment No. PC 2 Applicant's Project Description 29 SD PA2017-198 mctrks architects inc 71905 hwy. 111 suite f ■ rancho mirage, ca 92270 ■ tel: 760-610-5264 2643 fourth ave. ■ san diego, ca 92103 ■ tel: 619-702-9448 PROJECT DESCRIPTION AND JUSTIFICATION TO: City of Newport Beach Community Development Department 100 Civic Center Dr Newport Beach, CA 92660 RE: TACO BELL CANTINA DATE: AUGUST 12, 2017 Project Description: Over the last few years, several properties in the McFadden Square area have been rehabilitated to better serve the residents and visitors on the Balboa Peninsula. The business owner of this project, Christian Fanticola has chosen to continue the trend at the 2121 W. Newport Boulevard property by making a substantial financial investment to transform a dilapidated building that was formerly a pizza parlor into a Taco Bell Cantina. The "Taco Bell Cantina" is an innovative concept from the Taco Bell Corporation that will offer a new and exciting experience to residents and visitors of Newport Beach. The restaurant is specifically designed for pedestrian areas like McFadden Square and it incorporates the local architecture of the neighborhood it serves. The restaurant will be built with top-notch technology that includes digital menu boards and a mobile ordering and payment app to provide easier and more expedient services to their customers. As well as, an energy efficient with system that includes LED lighting, use of reclaimed elements where possible and recycling. The property currently holds and can operate as a type 40 license, which permits on sale beer for consumption on or off the premises. Additionally, full meals are not required to be sold, minors are allowed on the premises and the business can operate 24 hours a day, 365 days a years. 31 PA2017-198 The project is proposing to convert the existing businesses license from a type 40 license (On Sale Beer) into at type 41 license (On Sale Beer & Wine). In addition to bringing a Taco Bell Cantina to the residents and visitors of Newport Beach, other benefits to the project include: • A type 41 license will require the business to operate as a bona fide eating place with suitable kitchen facilities and the business must make actual and substantial sales of meals for consumption. • The business will decrease its hours of operation to close at 2:00 a.m. • An approval of the project will require a Conditional Use Permit which results in additional conditions placed upon the property in a manner that satisfies the City. • The neighboring businesses are in favor of this project and the continued revitalization to McFadden Square. • In addition to the beer and wine component, the Taco Bell Cantina will also feature a new tapas- style menu of shareable appetizers— including nachos and rolled tacos—during designated hours each evening (in addition to the full standard Taco Bell Menu). • The business was vetted and ultimately chosen by the landowner, Mario Marovic, who has a proven record of operating in the City. Pertinent Information: Lot Area: 2842 sf Lot Width: 48.30' Lot Depth: 95.00' Setback: N/A Gross Floor Area: 1288 sf Floor Area Ratio: Dining room 467 sf Kitchen Sf 676 sf Restrooms & passage 78 sf Building/Lot Coverage: Building occupies 99.3% of lot Building Height: 23'-2" Landscaping: N/A Paving: N/A Number of Seats: 32 Hours of Operation: 6:00 a.m. — 2:00 a.m. 32 Attachment No. PC 3 Police Department Memorandum 33 al NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Gregg Ramirez, Senior Planner FROM: Wendy Joe, Police Civilian Investigator DATE: November 1, 2017 SUBJECT: Taco Bell Cantina 2121 W. Balboa Blvd. Use Permit No. 2017-028 (PA2017-198) OL2017-005 At your request, the Police Department has reviewed the project application for Taco Bell Cantina located at 2121 W. Balboa Blvd., Newport Beach. Per the project description, the applicant is seeking a Conditional Use Permit (CUP) to upgrade their ABC license from a Type 40 (On -Sale Beer Only) to a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control License. Late night hours are proposed therefore an Operator License will be required for this establishment if the CUP is approved. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 41 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's current place of business at 2121 W. Balboa Blvd. The summary report shows there were 4 calls for service in 2016. At this time the restaurant was Original Pizza which closed its doors in January, 2017. Of the 4 calls, 3 were disturbances related to alcohol. Crime Statistics The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 37'" Street to 20'^ Street. RD 15 is our highest crime area in Newport Beach with S5 Taco Bell Cantina UP2017-028 significant quality -of -life concerns for the residents, as well as the Police Department. This location meets the legal criteria for undue concentration (8&P §23958.4). Alcohol License Statistics The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 5,726 residents with 83 active alcohol licenses and 73 licensed establishments. That is a per capita ratio of 1 license for every 69 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 477 residents. This location meets the legal criteria for undue concentration (8&P §23958.4). Discussion and Recommendations The Police Department is supportive of this project. The proposed location is within the McFadden Square neighborhood of RD 15, our most over -concentrated area. Currently this parcel is legal nonconforming with a Type 40 ABC License and no limitation of hours of operation. The only food requirement of a Type 40 license is snacks and sandwiches requiring a limited kitchen area. Examples of other Type 40 uses within Orange County are golf courses, pool halls, and bars that serve beer only. Approval of this project will require the business to be maintained as a restaurant which we believe is a benefit to the community: In addition, it provides the opportunity to impose conditions that will run with the land. If the proposed late hours are approved, an Operator License will be issued which requires the operator enforce a security plan. The Operator License does not run with the land, rather is issued to the Operator, and gives the Chief of Police the authority to revoke, suspend, or modify conditions should the Operator violate the requirements of the License. The Police Department has received a draft security plan and is reviewing the Operator License concurrently. RECOMMENDED CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The hours of operation shall be limited to 6:00 a.m. to 2:00 a.m. daily. 2. All customers must vacate the establishment by 2:00 a.m. daily. 3. 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 a Type 41 (on -sale beer and wine) license, in conjunction with the restaurant as the principal use of the facility. 4. All owners, managers and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 3C51 Taco Bell Cantina UP2017-028 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 9. No off -sales of alcohol shall be permitted. 10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 11. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 12. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 13. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person is prohibited. 14. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 15. 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. 16. 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. 17. Strict adherence to maximum occupancy limits is required 37 Taco Bell Cantina UP2017-028 18. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 19. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 20. 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 Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949)644-3705 or wjoe@nbpd.org. Wendy Investigator, Special Investigations Unit J Brouwer Deputy Chief 32 r Z W na. W in W V J a 2 a W �r rf a W Z O M a ✓1 O � O Ot M tp e -I e0 C O C O C O y v m � m O N c - - - ¢ � s � • r o uO1i m �o m � 4 1 , Ip �A 0 �a K d u J m a •���� Q U P" O Ot M tp e0 M m a n i0 n O N rl N VI � OJ ti N O o o c vi a �o v `^ w o ^� O. m O `' O O I O � � > m'LL m'LL mLL _sa � a m 3 N VI N V S O VI H A_ U V M Q N V 9` =r� 3 C N A Vf ry N K Q C' Q K Q w Z va3 ;vo N } o � � O v 'a oa v rn 3 ¢ Z m C C oe 00 O1 h W m 4 1 , Ip �A 0 �a K d u J m a •���� Q U P" M tp e0 � m a n i0 n O N rl N VI � OJ ti N O o o c vi a �o v `^ w o ^� G d C U) C d C m O] I O a° V 0 �j y V V V Q m 3 N VI N V S O VI H A_ U V M Q N V 9` A_ V L` 3 C N A Vf ry N K Q C' Q K Q w Z 4 1 , Ip �A 0 �a K d u J m a •���� Q U P" Q M tp e0 a n i0 n O N rl N VI � OJ ti N O o o c vi a �o v `^ w o ^� of N c V 00 c m U tO N c V V m O] I O a° V 0 �j y V V V Q m 3 N VI N V S O VI H A_ U V M Q N V 9` A_ V L` 3 C N A Q 4D Attachment No. PC 4 Draft Resolution for Denial KIM 42 RESOLUTION NO. 2073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2017-028 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS AND A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 2121 WEST BALBOA BOULEVARD (PA2017-198) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christian Fanticola/T&T Taco, LLC ("Applicant") with respect to property located at 2121 West Balboa Boulevard, and legally described as Lot 14 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps ('Property"), in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. Applicant proposes a conditional use permit for a food service, eating and drinking establishment with late hours and Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license in an existing legal nonconforming eating and drinking establishment. The eating and drinking establishment includes an interior dining area, a kitchen, restroom facilities, and a take-out window. The proposed hours of operation are from 7 a.m. to 2 a.m. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). A coastal development permit is not required because the request is to change the type of permitted Alcoholic Beverage Control (ABC) license and does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on December 7, 2017, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 43 Planning Commission Resolution No. 2073 Paqe 2 of 2 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the restaurant with alcohol service is inconsistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the use is not compatible with allowed uses in the vicinity. 2. The Planning Commission determined, in this case, that the restaurant with alcohol service is inconsistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) because the use is not compatible with allowed uses in the vicinity. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit Application No. UP2017-028. 2. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF DECEMBER, 2017. AYES: NOES: ABSTAIN ABSENT: Peter Koetting, Chairman AN Tmplt: 04/14/10 Erik Weigand, Secretary W Attachment No. PC 5 Project Plans Kim IN PA2017-198 A. ALL WORK SHALL CONFORM TO THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, AND ALL OTHER APPLICABLE CODES, STANDARDS, AND REGULATIONS OF THE CITY OF NEWPORT AND COUNTY OF ORANGE. B. IT IS INTENDED THAT COMPLETE OCCUPIABLE BUILDING PROJECT IS PROVIDED. C. THE GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (A.I.A. LATEST EDITION) ARE A PART OF THESE CONTRACT DOCUMENTS. A COPY IS ON FILE AT THE ARCHITECT'S OFFICE. D. DO NOT SCALE THESE DRAWINGS. VERIFY ALL DIMENSIONS AND CONDITIONS IN THE FIELD. ANY DISCREPANCIES IN THESE DRAWINGS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO STARTING WORK. E. ALL PROPOSED SUBSTITUTIONS SHALL BE APPROVED BY THE JINGLE BELLS CONSTRUCTION MANAGER, IN WRITING, PRIOR TO INSTALLATION. F. G.C. IS RESPONSIBLE FOR SUBMITTAL, PAYING FEES AND OBTAINING ALL PERMITS ASSOCIATED WITH THE PROJECT EXCEPT GENERAL BUILDING PERMIT OR . THIS INCLUDES, BUT IS NOT LIMITED TO ELECTRICAL, MECHANICAL, PLUMBING, HOOD ANSUL, OR OTHER RELATED FIRE PERMITS, ENCROACHMENT PERMIT, ETC. G. G.C. SHALL PROVIDE EACH SUBCONTRACTOR WITH A COMPLETE AGENCY -PERMITTED DRAWING SET AT TIME OF CONSTRUCTION. H. G.C. SHALL CONFIRM MINIMUM RESIDUAL PRESSURE AVAILABLE AT HOOD ANSUL SYSTEM IS 33 PSI. I. ALL ABBREVIATIONS INCLUDED FOLLOW INDUSTRY STANDARDS. CONTACT ARCHITECT IF ANY ABBREVIATIONS ARE NOT CLEAR. J. GRAPHIC AND WRITTEN INFORMATION ON DRAWINGS SHALL BE COORDINATED WITH ALL TRADES PRIOR TO INSTALLATION. K. ANSUL SYSTEM FOR TYPE 1 HOOD UNDER A SEPARATE PERMIT BY G.C. L. SPRINKLER MODIFICATIONS BY GC UNDER A SEPARATE PERMIT. M. G.C. TO ADD PRESSURE REGULATOR IF WATER PRESSURE EXCEEDS 55 PSI N. DEMISING WALLS SHALL BE SEALED TO THE BOTTOM OF THE ROOF DECK 0. ALL EXTERIOR WALLS TO HAVE A MIN. R-19 INSULATION P. G.C. FIELD VERIFY ALL DIMENSIONS PRIOR TO STARTING CONSTRUCTION, NOTIFY ARCHITECT OF ANY DISCREPANCIES Q. ALL HOT WATER LINES MUST BE FULLY INSULATED. R. K TYPE FIRE EXTINGUISHER REQUIRED WITHIN 30' OF COOKING APPLIANCES, ALSO 2A10BC FIRE EXTINGUISHER REQUIRED FOR RESTAURANT AREA. PROJECT GENERAL NOTES C CANTINA CUP FOR TYPE C41 ABC LICENSE 2121 Wo BALBOA BLVD. NEWPORT BEACH CA 92661 NAME ROOM NAME X ELEV. LETTER 1 % ELEV. SHEET SHEET NUMBER O DOOR NUMBER GENERAL DRAWING ELEVATION NUMBER O WINDOW NUMBER / DECOR ITEM NUMBER 3 u ❑X EXTERIOR WALL FINISH NUMBER 8''4" CEILING HEIGHT architects KEY NOTE BLDG. SECTION LETTER X-000 EQUIPMENT NUMBER X AX.X o EEI ROOM FINISH NUMBER BLDG. SECTION SHEET 4 DETAIL NUMBER X INTERIOR ELEVATION DESIGNATION X DIRECTION OF DETAIL ID SHEAR WALL TYPE (STRUCTURAL) DETAIL SHEET Lido Isle r j 16sF REVISION NUMBER XXX 000 EQUIPMENT/ FIXTURE NUMBER (M.E.P.) 01 -Dil r 'b� •i ,Ji p sWtl O lyC � ELEV BLDG. HEIGHT St t� V INDICATES SUSTAINABLE DESIGN Y IM Cmb REFERENCE POINT GREEN hi� Bi 1116 REFER TO STRUCTURAL, MECHANICAL, PLUMBING AND ELECTRICAL SHEETS FOR SPECIFIC SYMBOLS GENERAL DRAWING SYMBOLS A2.0 '!5 W—Ot IMI—I KecMn .111 A4.0 u A4.1 '%' Aha Calla Q JOC architects PHONE:619. 702. 9448 inc S� Y� p4 •: o �,. ens li� bNf 4 Lido Isle r j 16sF e4e{ n Vie fWo F r 'b� •i ,Ji p sWtl O lyC � St t� V Y IM Cmb hi� Bi 1116 2121 W Balboa Bhi wey An, Newport Beach, CA 92663 payg,e,a Pnia/u Metrl wq a ws�.. ow ♦ we.�eo, ar„f� _ 'C Crr� Nmpon SIeMSudSlep &vice Neym Fkr,ernory _ K XM1w! Wp(N^nanr VICINITY MAP LEGAL JURISDICTION: CITY OF NEWPORT BEACH, COUNTY OF ORANGE BUILDING CODE: CBC2016, CMC2016, CPC2016, CEC2016 BUILDING AREA: 1,288 S.F. SEATING: 32 OCCUPANCY: B TYPE CONSTRUCTION: TYPE VB - UNSPRINKLERED AREA AND OCCUPANT LOAD TYPE AREA FACTOR OCCUPANTS DINING ROOM 467 S.F. 1:15 SF 31.2 KITCHEN 676 S.F. 1:200 SF 3.4 RESTROOMS & PASSAGE 78 S.F. 0 0 TOTAL 1221 S.F. NET AREA 35 OCCUPANT LOAD # PHONE LINES: 25 PAIR CABLE IN 2" CONDUIT ELECTRIC SERVICE: 400 AMPS / 1 PHASE / 120-240 VOLT GAS: 785,000 BTUH HOURS OF OPERATION: 24 HOUR NUMBER OF SEATS : 14 AT COMMUNITY TABLE + 18 AT BOOTHS (35 LINEAR FEET @ 24" PER OCCUPANT) = 32 SEATS NET PUBLIC AREA: 504 SF PROJECT SUMMARY TITLE/SITE T1.0 TITLE SHEET ARCHITECTURAL A0.1 SITE PLAN A2.0 EQUIPMENT AND SEATING PLAN A4.0 EXTERIOR ELEVATIONS A4.1 EXTERIOR ELEVATIONS TENANT CONTACT: CHRISTIAN FANTICOLA ADDRESS: 1422 EDINGER AVE. #240 TUSTIN, CA 92780 PHONE: (949) 400-8777 BUILDING OWNER CONTACT: MARIO MAROVIC PHONE: 949-813-5683 WATER/SEWER Dublin San Ramon Sewer Services 7051 Dublin Boulevard, Dublin, CA 94568 Contact: Phone: (925)828.0515 WASTE Amador Valley Industries 3110 Busch Rd, Pleasanton, CA 94566 Contact: Phone: (925)479.9545 Attachment No. PC 5 - Project Plans iw— ARCHITECT MARKS ARCHITECTS INC 2643 FOURTH AVE, SAN DIEGO, CA 92103 marks CONTACT: GABRIELA MARKS architects PHONE:619. 702. 9448 inc PROJECT DIRECTORY I GAS/ELECTRIC PG&E (Address) (City, State, Zip) Contact: Phone: 1.800.468.4743 UTILITY CONTACTS I N marks architects architecture interior design retail restaurants space planning master planning leed accredited case 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 U4�' �=�CF CAS 0< marks architects 2017 ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. CUP FOR ABC SUBMITTAL 09.21.17 A A A A TACO BELL 2121 W. BALBOA BLVD. NEWPORT BEACH, CA 92663 TACO BELL CANTINA CUP FOR TYPE C41 ABC LICENSE TITLE SHEET T1.0 4� PA2017-198 SEWER LINE AND CLEAN OUT DEMO ALL DOORS AND WINDOWS TYPICAL e K \ ORI61NAL PIZZA I' i 62 5EAT5sv. / y �7k'b R6ER { I 20 SEA75 DEMO ALL, (; rze I �___r-------- IhN T E R I O R -NEW OPENI" r IMPROVEMENTS KT ;i �T,RACE yjl N NEW OPENING i LINES PROVIDE BACKFLOW BARELY THERE r 5K MWEAR 3145F. EXISTING ACCESSIBLE PATH OF TR/ F EXISTING 2 STORY BUILDING VB CONSTRUCTION 1 ST FLOOR: 2,639 SF - B OCCUPANCY 2ND FLOOR: 2,639 SF - R2 OCCUPANCY TOTAL AREA: 5,278 SF PREVIOUS TENANT ORIGINAL PIZZA OCCUPANT LOAD ANALYSIS KITCHEN AREA: 715 SF /200 = 3.57 DINING ROOM 592 SF /15 = 39.46 RESTROOMS: 99 SF /0 = 0 TOTAL OCCUPANT LOAD: NUMBER OF SEATS HOURS OF OPERATION NET PUBLIC AREA: = 43.03 owl 11:00 AM TO 11:00 PM I3.&MIl y7 Attachment No. PC 5 - Project Plans marks architects architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 e,D. AR cy'� _, Q� li'LVVVJ N (—.4 9-30-2019 IT RENEWAL DALE A \�F CAS EXISTING \ ACCESSIBLE PARKING SPACE marks architects 2017 ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. CUP FOR ABC SUBMITTAL 09.21.17 A A A A SITE PLAN TACO BELL 1t� EXISTING STREET PARKING 2121 W. BALBOA BLVD. O EXISTING STREET TREES NEWPORT BEACH, CA 92663 O EXISTING STREET ACCESSIBLE PARKING. SHOWN FOR REFERENCE ONLY c� TACO BELL PUBLIC WORKS NOTES CANTINA CUP FOR TYPE C41 1. An approved encroachment permit is required for all work activities within the public right-of-way. ABC LICENSE C E N S E 2. A Public Works Department encroachment permit inspection is required before the Building Department L7 L J Permit Final can be issued. At the time of Public Works Department inspection, if any of the existing public improvements surrounding the site is damaged, new concrete sidewalk, curb and gutter, and alley/street pavement will be required. Additionally, if existing utilities infrastructure are deemed substandard, a new 1 -inch water service, water meter box, sewer lateral and/or cleanout with box and lid will be required, 100% of the cost shall be borne by the property owner (Municipal Codes 14.24.020 and 14.08.030). Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 3. Provide a backflow preventer at the water meter per City Standard #520-L if one does not exist. 4. Install a sewer cleanout per City Standard #406-L if one does not exist SITE PLAN A0.1 DEMOLITION PLAN 1'=1a -o° I B I KEY NOTES B I EXISTING WATER METER i LINES PROVIDE BACKFLOW PREVENTOR: 1" VUH ORIENTATION, AMES A100 OR APPROVED EQUAL F EXISTING 2 STORY BUILDING VB CONSTRUCTION 1 ST FLOOR: 2,639 SF - B OCCUPANCY 2ND FLOOR: 2,639 SF - R2 OCCUPANCY TOTAL AREA: 5,278 SF PREVIOUS TENANT ORIGINAL PIZZA OCCUPANT LOAD ANALYSIS KITCHEN AREA: 715 SF /200 = 3.57 DINING ROOM 592 SF /15 = 39.46 RESTROOMS: 99 SF /0 = 0 TOTAL OCCUPANT LOAD: NUMBER OF SEATS HOURS OF OPERATION NET PUBLIC AREA: = 43.03 owl 11:00 AM TO 11:00 PM I3.&MIl y7 Attachment No. PC 5 - Project Plans marks architects architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 e,D. AR cy'� _, Q� li'LVVVJ N (—.4 9-30-2019 IT RENEWAL DALE A \�F CAS EXISTING \ ACCESSIBLE PARKING SPACE marks architects 2017 ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. CUP FOR ABC SUBMITTAL 09.21.17 A A A A SITE PLAN TACO BELL 1t� EXISTING STREET PARKING 2121 W. BALBOA BLVD. O EXISTING STREET TREES NEWPORT BEACH, CA 92663 O EXISTING STREET ACCESSIBLE PARKING. SHOWN FOR REFERENCE ONLY c� TACO BELL PUBLIC WORKS NOTES CANTINA CUP FOR TYPE C41 1. An approved encroachment permit is required for all work activities within the public right-of-way. ABC LICENSE C E N S E 2. A Public Works Department encroachment permit inspection is required before the Building Department L7 L J Permit Final can be issued. At the time of Public Works Department inspection, if any of the existing public improvements surrounding the site is damaged, new concrete sidewalk, curb and gutter, and alley/street pavement will be required. Additionally, if existing utilities infrastructure are deemed substandard, a new 1 -inch water service, water meter box, sewer lateral and/or cleanout with box and lid will be required, 100% of the cost shall be borne by the property owner (Municipal Codes 14.24.020 and 14.08.030). Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 3. Provide a backflow preventer at the water meter per City Standard #520-L if one does not exist. 4. Install a sewer cleanout per City Standard #406-L if one does not exist SITE PLAN A0.1 DEMOLITION PLAN 1'=1a -o° I B I KEY NOTES B I PA2017-198 ALL EXTERIOR DOORS TO BE SELF CLOSING PROVIDE RAPID ENTRY SYSTEM PER CFC SECTION 506 FOLDING INDOWS (FOLDS INSIDE BUILDING) PROVIDE A MIN. 6' HIGH SPLASH GUARD, AS ME) FROM THE FLOOR, BET\ THE MOP SINK AND THE ADJACENT SHELF COMPRESSORS AND CARBONATORS ARE TO BE SUPPORTED OFF THE FLOOR ON SIX (6) INCH HIGH, EASILY CLEANABLE LEGS OR IN AN OTHERWISE APPROVED MANNER. INDICATE THIS ON THE PLANS. THE LINES FROM THE SYRUP TANKS TO THE DRINK DISPENSER HEAD MUST BE ENCLOSED IN A CHASE. USE A RIGID MATERIAL, I.E., PLASTER, FOAM, ETC. TO SEAL THE OPENINGS OF THE BEVERAGE CONDUIT LINE. WATER FILTERING DEVICE(S) SHALL NOT BE LOCATED ABOVE FOOD OR UTENSIL HANDLING EQUIPMENT. AN APPROVED AIR CURTAIN DEVICE WHICH WILL PROVIDE AN AIR VELOCITY OF AT LEAST 750 FEET PER MINUTE MEASURED THREE (3) FEET ABOVE THE FLOOR, IS REQUIRED OVER THE ENTRY DOOR ADJACENT TO THE RESTROOM INTO THE KITCHEN. EACH OPENING OF THE PASS THROUGH WINDOW SHALL BE PROVIDED WITH A SOLID OR SCREENED WINDOW, EQUIPPED WITH A SELF-CLOSING DEVICE. PASS OR DRIVE THROUGH WINDOW SERVICE OPENINGS SHALL BE LIMITED TO 216 SQUARE INCHES EACH. THE SERVICE OPENINGS SHALL NOT BE CLOSER TOGETHER THAN 18 INCHES. EACH OPENING SHALL BE PROVIDED WITH A SOLID OR SCREENED WINDOW, EQUIPPED WITH A SELF-CLOSING DEVICE. SCREENING SHALL BE AT LEAST 16 MESH PER SQUARE INCH. PASS OR DRIVE THROUGH WINDOWS OF UP TO 432 SQUARE INCHES ARE APPROVED IF EQUIPPED WITH AN AIR CURTAIN DEVICE. THE COUNTER SURFACE OF THE SERVICE OPENINGS SHALL BE SMOOTH AND EASILY CLEANABLE. HEALTH DEPT. NOTES I F EQUIPMENT/SEATING PLAN 1/4"=1--o" I A 1/2" SOLID SUP "^ ON 3/4" PLYWC PLASTIC LAMINATI OVER 3/4" PLYWO( ON 2x4 WOOD FRAMING @ 16" O. 1/2" HILT] HIT HY ADHESIVE ANCH, 16" O.C. STAGGEI B-4 BASE BEER CASI FRUTISTA SMAL STAINLES STEEL SIN FRONT COUNTER DETAIL KEG COOLER Attachment No. PC 5 - Project Plans MC) archit architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 F 1 619-702-9448 BEVERAGE DISPENSER AREA ELEVATION I F I SIGNS AND IDENTIFICATION 20. Where both visual and tactile characters are required, either one sign with both visual and tactile characters, or two separate signs, one with visual, and one with tactile characters, shall be provided. (11B-703.1). 21. Where a tactile sign is provided at a door, the sign shall be located along the door at the latch side. Tactile characters on signs shall be located 48" minimum above finish floor, measured from the baseline of the lowest Braille cells and 60" maximum above finish floor, measured from the base line of the highest line of the raised characters. (11 B-703.4) (Figure 11 B-703.4.1) 22. When signs identify permanent rooms and spaces of a building or site, they shall comply with CBC 11 B-703.1; 11 B-703.2; 11 B-703.3 and 11 B-703.5. Where pictograms are provided, it shall comply with Section 11 B-703.6 and shall have text descriptions complying with Sections 11 B- 703.2 & 11 B-703.5. (11 B-216.2). 23. In existing buildings where not all entrances comply with Section 11 B-404, building entrances that are accessible to and usable by persons with disabilities and at every major junction along or leading to an accessible route of travel shall be identified with a sign displaying the International Symbol of Accessibility complying with Section 11 B-703.7.2.1, and with additional directional signs complying with Section 11 B-703.5, as required, at junction when the accessible route diverges from the regular circulation path. (11 B-216.6). 24. Provide tactile exit signage and identify locations on floor plan. Include sign elevation and typical signage text per CBC 1013.4 at doors to exit passageways, exit discharge and exit stairways shall comply with Sections 11 B-703.1; 11 B-703.2; 11 B-703.3 and 11 B-703.5. (11 B- 216.4.1). Tactile characters on signs shall be located 48", measured to the base line of the lowest Braille cells, above finish floor and 60" measured to the base line of the highest line of raised characters. DECOR 1. REFER TO SC SHEETS FOR SCOPE OF WORK RESPONSIBILITIES. 2. (H) -SYMBOL DENOTES A HIGH TABLE OR DINING COUNTER WITH STOOLS. 3. HC -SYMBOL DENOTES A HANDICAP ACCESSIBLE TABLE. GENERAL NOTES I C1 SIGNS AND IDENTIFICATION NOTES STORAGE TYPE LINEAR FT. DRY STORAGE 26 COLD STORAGE 17 FROZEN STORAGE 11 SHELVING QUANTITIES REQUIRED C2 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 ,D. Rcy'� � = -.4 9-30-2 9-30-2019 REEWL DA\CF CA'\ marks architects 2017 ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. CUP FOR ABC SUBMITTAL 09.21.17 A A A A TACO BELL 2121 W. BALBOA BLVD. A NEWPORT BEACH, CA 92663 1O HOOD FIRE SUPPRESSION SYSTEM (ANSUL R-102 OR EQUAL). O FIRE EXTINGUISHER 0 MAINTAIN 36" MIN CLEAR AISLE EGRESS PATHS TO EXIT DOORS. ®30` x 48" CLEAR FLOOR SPACE FOR HANDICAP ACCESS. O EMPLOYEE LOCKERS © PULL STATION @ 3-8" A.F.F. O GAS LINE DOWN TO EQUIPMENT. ®COORDINATE LOCATION OF HORIZ PVC SYRUP CHASE THRU WALL TO COUNTER. Og DIGITAL MENU BOARD ABOVE 10 ELECTRIC PANELS. 11 LIGHTING CONTROL PANEL 12 TV BY OWNER 13 NOT USED 14 SPLASH GUARD. SEE 9/A6.3. 15 TV BY OWNER 16 COUNTER @ 34" A.F.F. KEYNOTES TACO BELL CANTINA CUP FOR TYPE C41 ABC LICENSE EQUIPMENT AND SEATING PLAN A2..0 -9 PA2017-198 FIELD VERIFY OPENING DIMENSIONS. ONE DOOR LEAF MUST BE MIN. 36" WIDE PROVIDE ACCESSIBLE THRESHOLD SEE 14/ADA1.1 9 6$ 6,\1 2 5 13"rr„ O84", 0 TRY 16 ��� y 15 N 1 r3. rr„ 20 15 C 17 4 DINING � � COUNTER @ o 2 A8.0 3 34" A.F.F. 1 I'� I 1 CUSTOMER 1 � I 9'-412 3'-1" 6'-11" 6'-9" 19'-7yu 01 01 01 10 11 1 4 P Si R C PAS HRU 15 11 3'-0" 3'-OY2" 7 A8.0 5 C 10 21 14 SO 1s 2 A8.1 1 O o _ 2 A8.2 3 0 8 8 .n 3 TB COOK KITCHEN 0 RESTROOM O 40 UTILITY m 7 ? n 8 o A8.2 1 3 T -T 8 19 r -1 8 12 8 a STORAGE i i c� U 8 0 12'-0%° 2'-4Y2" 3,_8„ 2'_7 2'-11%" 8 6'-7y" 8 6 A8.2 WARE _ WASHING o m n 19 9 COOLER A8.2 5 N. JLNOT APART -CD X K K X X F . K 01 3'-4y" 2'-7y" 16'-0Y2" 9- PANEL FOLDING WINDOW MFR: NANAWALL MODEL # SL80 BLACK ALUMINUM FRAME DOUBLE GLAZING FLUSH SILL INWARD FOLD NOTE: OWNER AND GC TO VERIFY MANUFACTURER OF FOLDING WINDOW. 12 1 �4EXISTING EXTERIOR WALL: 8" CMU WALL. FUR INSIDE WITH 2x4 WD STUDS AT 16" O.C. FINISH PER SCHEDULE TYPICAL INTERIOR WALL: 2x4 WD STUDS AT 16" O.C. (2x6 OR 2x8 WHERE NOTED.) WALL SUBSTRATES: 10 8- PANEL FOLDING WINDOW MFR: NANAWALL MODEL # SL80 BLACK ALUMINUM FRAME DOUBLE GLAZING FLUSH SILL INWARD FOLD NOTE: OWNER AND GC TO VERIFY MANUFACTURER OF FOLDING WINDOW. 9 1 8 1 7 1 6 1 5 HOODWALL: DEMISING WALL WITH 20 GA. S.S. PANEL BEHIND HOOD. EXTEND MIN. 18" BEYOND END OF HOOD. REFER TO DETAIL 2/M3.0 FOR EXTENT OF S.S. PANEL W/C & FREEZER WALL - DINING ROOM: 1/2" GYPSUM WALLBOARD FROM FLOOR SLAB TO 6" ABOVE CEILING HEIGHT U.O.N. SEE 6, 8 & 16 / A6.3. (NOTE: THE CEMENT BOARD SPECIFICATION IS DESIGNED TO ALLOW THE G.C. FLEXIBLITY. ) - KITCHEN WALLS AND DINING ROOM CLOSET: 1/2" CEMENT WALLBOARD FROM T.O. SLAB TO 12" AFF. AT 12" AFF, USE 1/2" CDX PLYWOOD W/FRP SURFACE FINISH TO 6" ABOVE CEILING HEIGHT U.O.N. IF DOUBLE SIDED SHEAR WALL PLYWD IS SPECIFIED THE PLYWOOD SHALL SHALL BE CONTINUOUS FROM SILL PLATE TO TOP PLATE. SEE 4, 11 & 20 / A6.3. RESTROOM WALLS: CEMENT WALLBOARD FROM T.O. SLAB OR T.O. CONCRETE CURB TO 48" A.F.F. WITH 5/8" HI -IMPACT BRAND XP WALLBOARD, TYPE X CORE FROM T.O. CEMENT BOARD TO 6" ABOVE CEILING HEIGHT U.O.N.. NO SUBSTITUTIONS ALLOWED, FINISH AS SCHEDULED. SEE 11 (SIM), 12 /A6.3. - ALL OTHER FRAME WALL CONDITIONS: 1/2" CEMENT WALLBOARD FROM T.O. SLAB OR T.O. CONCRETE CURB TO 48" A.F.F., WITH 1/2" GYPSUM WALLBOARD FROM T.O. CEMENT BOARD TO 6" ABOVE CEILING HEIGHT U.O.N. FINISH AS SCHEDULED. WALL LEGEND DIMENSIONS: A. ALL DIMENSIONS ARE TO FACE OF STUD U.O.N. REFER TO FOUNDATION PLAN FOR FACE OF CONC. DIMENSIONS. B. DIMENSIONS NOTED AS "CLEAR" OR "HOLD" ARE MIN. REO'D. NET CLEARANCE FROM FACE OF WALL/ WAINSCOT FINISH. VERIFY FINAL EQUIPMENT SIZES W/ VENDOR PRIOR TO INT. WALL FRAMING, WINDOWS/DOORS: A. SEE SHT. A1.1 FOR WINDOW TYPES AND DOOR SCHEDULE. B. ALL DOOR AND WINDOW OPENING DIMENSIONS ARE TO ROUGH OPENING. FINISH SUBSTRATES: A. PROVIDE 1/2" THICK CEMENTITIOUS BD. FROM FLOOR SLAB TO 12" A.F.F. MIN. IN LIEU OF GYP. BD. AT ALL WALLS EXCEPT SHEARWALL SURFACES, U.O.N. B. ALL JOINTS, GAPS OR SPACES LEADING TO ALL HOLLOW OR INACCESSIBLE SPACES SHALL BE SEALED WITH "NSF INTERNATIONAL" APPROVED SEALANTS. C. ALL BACK OF HOUSE AND OFFICE WALLS SHALL HAVE 1/2" CDX PLYWOOD SUBSTRATE, U.O.N. DECOR: A. SEE A2.0 FOR SEATING PLAN AND DETAILS. B. SEE ATO FOR FLOOR FINISHES. C. SEE A8.0 - A8.3 FOR WALL FINISHES. D. SEE A7.1 FOR CEILING FINISHES. GENERAL: A. PROVIDE THREE FIRE EXTINGUISHERS - (2) 10 Ib. BC and (1) 10 Ib. ABC -TO COMPLY WITH LOCAL FIRE CODE. LOCATE PER DIRECTION OF FIRE MARSHALL OR LOCAL AUTHORIZING AGENT. B. DRAWINGS ARE BASED UPON WOOD FRAMING. UTILIZATION OF METAL STUDS ON NON-BEARING INTERIOR PARTITIONS, BULKHEADS AND SOFFITS IS ACCEPTABLE. C. ALL ATTACHMENTS MADE THROUGH E.I.F.S. SHALL BE BUSHED TO PREVENT DAMAGE TO THE FINISH, PER 9/A6.2. D. ALL PENETRATIONS THROUGH E.I.F.S. SHALL BE SEALED USING MFR'S. APPROVED METHOD. FLOOR PLAN NOTES I D NOTE TO PLAN CHECKER KITCHEN IS FULLY ENCLOSED, AIR CURTAIN IS PROVIDED AT KITCHEN ACCESS DOORS. rd 3 1O STARTING POINT. ALL SUB -TRADES SHALL USE THIS POINT AS A BEGINNING LAY -OUT (INSIDE FACE OF EXT. WALL STUDS. O NO FRP BEHIND -059 WALK-IN COOLER/FREEZER. 3O HOOD WALL, SEE WALL LEGEND. ® PASS THROUGH NOT TO EXCEED 216 SQUARE INCHES O TILE TO METAL THRESHOLD. © KEEP CLEAR FOR UTILITIES &SYRUP LINES. SEE DETAIL 14 & 19/A6.4 FOR STUD LAYOUT REQUIREMENTS. O MOP SINK. REFER TO SHEET A2.0 & A2.1. ® S.S. CORNER GUARD/ WALL CAP [TM -2], TYP. ALL CORNERS IN BACK -OF -HOUSE FROM REAR WALL TO THE KITCHEN SIDE OF THE SERVICE COUNTER. SEE DETAIL 19/A6.3. 9O ELECT, PANELS RECESSED IN 2x6 WALL. 10 LIGHTING CONTROL PANEL RECESSED. REFER TO ELECT. DWGS. 11 PROVIDE 30"X30" BLOCKING FOR TV CENTERED @ 90" O.C. 12 TANKLESS WATER HEATERS. SEE PLUMBING PLANS 13 COUNTER AT 34" A.F.F PROVIDE 36"CLEAR 14 SELF SERVE TABLE AT 34" A.F.F 15 (E) EXTERIOR WALL PROVIDE NEW INTERIOR FINISHES 16 NEW FOLDING WINDOW. SEE DOOR SCHEDULE SHEET A1.1 2 E FLOOR PLAN 1/4"=1'-0" Attachment No. PC 5 - Project Plans 17 FIXED WINDOW 18 (E) DEMISING WALL. REMOVE FINISHES &PROVIDE 12" CEMENT BOARD AT BASE & GYPSUM BOARD ABOVE. USE WATER RESISTANT BOARD AT WET AREAS. 1 g 2X6 WALL 20 NEW STOREFRONT. SEE SHEET A1.1 21 DIMENSION FROM FINISHED WALL. KEY NOTES F E C C C 0 marks architects architecture interior design retail restaurants space planning master planning leed accredited casp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 M rancho mirage ca 92270 760-610-5264 ,EV .AR c\ C-26463 �� n � 9-30-2017 7 % RE MAL DATE !1� \OF CA���/ marks architects 201-/ ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. BLDG. DEPT. SUBMITTAL 03.30.17 0 A A 0 A TACO BELL 2121 W. BALBOA BLVD. NEWPORT BEACH, CA 92663 TACO BELL CANTINA FLOOR PLAN A1.0 so PA2017-198 1 II / ORIGINAL PIZZA V r. 62 5EAT5 ,L % AREA OF o r� E lye STAIR ---,-'.'.. R4FAOV N - --- ' gaas�raaa „Z 9b WORK N q PROVIDE 2 -HOUR SEPARATION-- Tf; �l�RC7ER EXISTING STAIR - GA FILE NO. FC 5724 r,-` 20 5EAT5 3y. hater-- TO BE RELOCATE {-- - 4 INFILL (E) DOORS PREP i R-•,.R�. K B OCCUPANCY � I � NEW OPENING I I!I! NEA OPENING .. k- -R----, luIiliII „li'F„llIii � NEW OPENING -------------NEW OPENING - B OCCUPANCY WALK-IN R.R. STORAGE RB OCCUPANCY -- CC ICIE 0 --- —--__—- 3i4 S.F.____ 1 HOUR WALL T „%CLOS. #1 AREA OF WORK #4 " 111 1 PROVIDE 2 -HOUR SEPARATION ITrHEN ;LL FLOOR - CEILING ASSEMBLY - + GA FILE NO. FC 57247rZ�4ASE �' A II K ---HEN == I941•^ JI p. .5. STOR. R2 OCCUPANCY lµ•1 ED �I 1 EXISTING FIRST FLOOR PLAN SCALE: 1/8” = V-0" SHARED \ BATHROOM EPA �T I i� •� �'� I Wa NO WORK 21. THIS AREA 1 II If #"� N KITCHEN I++ Ir— ra II �7 T-4 BATfd� II \• UP i' KITCFEN \JI FLOOR CEILING ASSEMBLY - 2 HOUR FIRE GA FILE NO. FC 5724 1 1 PROPRIETARY 2 HOUR STC 50 1 HOUR FIRE WOOD FLOOR, WOOD JOISTS, GYPSUM WALLBOARD, SEE FOOTNOTE RESILIENT CHANNELS TEST 018 Base layer 5/a" proprietary type X gypsum wallboard or gypsum veneer base applied at SPS EM THICKNESS: 6-UND 112 right angles to 2 x 10 wood joists 16' o.c. with 8d nails, 2V2" long, 0.113' shank, 19164' heads. 7" o.c. Resilient furring channels 24" o.c. applied at right angles to joists through TWO LAYERS OF SIS IN. THICK GYPSUM BOARD APPLIED HORIZONTALLY OR VERTICALLY. base layer with one 8d nail, 2'/2' long, 0.113' shank, 19/64" head, at each joist. Face layer 5/a' proprietary type X gypsum wallboard or gypsum veneer base applied at right angles UL U334 2 HOUR PARTITION to resilient furring channels with 1' Type S drywall screws 12" o.c. Double channel installed at face layer end joints. Wood joists supporting 1' nominal T & G wood subfloor �;g,."a �� and 1' nominal wood finish floor or 19/32' plywood finished floor with long edges T & G Approx. Ceiling and 15/32' interior plywood with exterior glue subfloor perpendicular to joists with joints Weight: 6 psf staggered. Fire Test: UL R2717-35,10-21-64, UL Design L505; PROPRIETARY GYPSUM BOARD ULC Design M503 American Gypsum Company - 5/e" FIREBLOC TYPE C BPB America Inc. - 5/9" ProFlocTM Type C Gypsum Panels BPB Canada Inc. - 5/9" ProRocT Type C Gypsum Panels G -P Gypsum - 5/e" ToughRoc:0 Fireguard© C Scale'112" 1 Lafarge North America Inc. - 5/a' Firechecke Type C National Gypsum Company - 5/a" Gold Bond@ Brand FIRE -SHIELD CT - Gypsum Wallboard PABCO Gypsum - 5/a" FLAME CURS Super'C' Temple-Inland Forest Products Corporation - 5/a" TG -C PROVIDE 3" THERMAFIBER SAFB BY USG TO PROVIDE AN STC RATING OF 51 (50 MIN. REQUIRED) STAIR WALL ASSEMBLY AT 1 ST FLOOR - 2 HOUR FIRE I 1 yr�ryr�ryr�r�r�r�r�ryryr�yr�ryr�i 11 yr�ryr�ryr�yryygpgr�yr�ryr�i 11 yr�rp�ryr�r�rp�t�pyr�yr�ryr�1 �I IF INTERIOR PARTITIONS: WOOD STUD (LOAD-BEARING) 1 HOUR FIRE RATING: 2 HOUR TWO LAYERS OF 518 IN. THICK GYPSUM BOARD APPLIED HORIZONTALLY OR VERTICALLY. STO 58 I UL TEST 018 SAW SPS EM THICKNESS: 6-UND 112 U334 I 1 yr�ryr�ryr�r�r�r�r�ryryr�yr�ryr�i 11 yr�ryr�ryr�yryygpgr�yr�ryr�i 11 yr�rp�ryr�r�rp�t�pyr�yr�ryr�1 �I IF 2ND FLOOR INTERIOR PARTITIONS 1 HOUR FIRE INTERIOR PARTITIONS: WOOD STUD ASSEMBLY OPTIONS: 1 HOUR GYPSUMBOARD: TWO LAYERS OF 518 IN. THICK GYPSUM BOARD APPLIED HORIZONTALLY OR VERTICALLY. SOUND TEST: RESILIENT CHANNEL: 25 GA. FURRING CHANNELS INSTALLED HORIZONTALLY SPACED 241N, OD SAW WOOD STUDS: 21N. X 41N. WOOD STUDS SPACED MAX. 16 IN. O.C. GYPSUM BOARD: TWO LAYERS OF SIS IN. THICK GYPSUM BOARD APPLIED HORIZONTALLY OR VERTICALLY. 21N. X41N. WOOD STUDS SPACED MAX, 161W O.C. UL U334 2 HOUR PARTITION MIN. 3 IN, THICK MINERAL WOOL. cn UNOW W7�7 �;g,."a �� 9S IN. THICK GYPSUM BOARDAPPLIED HORIZONTALLY OR VERTICALLY. scalaa ilz^=v-o• USG 920600 UL U311 1 HOUR PARTITION U334 2ND FLOOR INTERIOR PARTITIONS 1 HOUR FIRE INTERIOR PARTITIONS: WOOD STUD FIRERATING: 1 HOUR STC: 52 SOUND TEST: SAb30T02 SYSTEMTHICKNESS: SAW 1�II�1�1�1�1�iQQQQ�QQ/�11�iQ�1�1�iQQQQ�Q1�I1i11�1�1�1�iQQQQQ�Q1�1�11 jl --_ — - - - - - - - - ELEY.I2I'-O• IT "'-l0l• ID'-,}' ,�-I SHARED D n R2 OCCUPANCY I� �� R2 OCCU ,3. 4 BATHROOM a II Attachment No. PC 5 - Project Plans M110 archit architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 A Roy\ �\ C-26463 p� �0 n� 9-30-20 RENEWAL DATE \0F C ©marks architects 201 - ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. BLDG. DEPT. SUBMITTAL 02.17.16 D NEWPORT APARTMENT 116-1/2 22ND ST NEWPORT BEACH, CA 92663 EXISTING SECOND FLOOR PLANi P TD.o.„PL- II'rt' ---- ------ SCALE: 1/8" = V-0" § B OCCUPANCY B OCCUPA ICY PROVIDE EMERGENCY LIGHTING AT STAIRS PERE I FIRE CHAPTER 10 CBC ALL WORK TO COMPLY WITH 2016 CALIFORNIA ELECTRICAL s PROVIDE 2.kRATION SEPARATION GA FILE NO. FC 5724 CODE EXTEND TO BOTTOM OF (STAIR ANALYSIS COMPLY WITH CITY OF NEWPORT BEACH AMENDMENTS TO o.„. P R _ _ _ II II 2016 CEC. USE RIGID METAL CONDUIT IN ALL AREAS EXPOSED TO WEATHER. ELS M1 I CONDUITSUSE D WIRESHALL NOT INSTALLED 1 HOUR WALL BUILDING SECTION T 1 ■Z CONDUITS SHALL NOT BE INSTALLED IN CONTACT WITH EARTH. (I LAYER rvPExGYP BE EACH SIQEI NOTE NO SEPARATION REQUIRED SE EEN B OCCUPANCIES SCALE: 1/8” = V-0" KEY NOTES ASSa ITIS: GYPSUM BOARD: yS IN. THICK GYPSUM BOARD APPLIED HORIZONTALLY OR VERTICALLY. RESILIENT CHANNEL 25 GA. FURRING CHANNELS INSTALLED HORIZONTALLY SPACED 241N O C. WOOD STUDS: 21N. X41N. WOOD STUDS SPACED MAX, 161W O.C. INSUjVDON: MIN. 3 IN, THICK MINERAL WOOL. GYPSUM BOARD: 9S IN. THICK GYPSUM BOARDAPPLIED HORIZONTALLY OR VERTICALLY. UL U311 1 HOUR PARTITION WG �,a-.i�u Scale'112" 1 USG 92W92 --_ — - - - - - - - - ELEY.I2I'-O• IT "'-l0l• ID'-,}' ,�-I SHARED D n R2 OCCUPANCY I� �� R2 OCCU ,3. 4 BATHROOM a II Attachment No. PC 5 - Project Plans M110 archit architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 A Roy\ �\ C-26463 p� �0 n� 9-30-20 RENEWAL DATE \0F C ©marks architects 201 - ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. BLDG. DEPT. SUBMITTAL 02.17.16 D NEWPORT APARTMENT 116-1/2 22ND ST NEWPORT BEACH, CA 92663 EXISTING SECOND FLOOR PLANi P TD.o.„PL- II'rt' ---- ------ SCALE: 1/8" = V-0" § B OCCUPANCY B OCCUPA ICY PROVIDE EMERGENCY LIGHTING AT STAIRS PERE I FIRE CHAPTER 10 CBC ALL WORK TO COMPLY WITH 2016 CALIFORNIA ELECTRICAL s PROVIDE 2.kRATION SEPARATION GA FILE NO. FC 5724 CODE EXTEND TO BOTTOM OF (STAIR ANALYSIS COMPLY WITH CITY OF NEWPORT BEACH AMENDMENTS TO o.„. P R _ _ _ II II 2016 CEC. USE RIGID METAL CONDUIT IN ALL AREAS EXPOSED TO WEATHER. ELS M1 I CONDUITSUSE D WIRESHALL NOT INSTALLED 1 HOUR WALL BUILDING SECTION T 1 ■Z CONDUITS SHALL NOT BE INSTALLED IN CONTACT WITH EARTH. (I LAYER rvPExGYP BE EACH SIQEI NOTE NO SEPARATION REQUIRED SE EEN B OCCUPANCIES SCALE: 1/8” = V-0" KEY NOTES PA2017-198 3 -_ T.O.2PARAPEI �1 -6 _ FIN. FLOOR 0 —00'-0° FIN. FLOOR Attachment No. PC 5 - Project Plans �3'-2" T.O. PARAPET -0 FI'N FIN. FLOOR �-0'-0" _ �I' FIN. FLOOR NICHIHA ARCHITECTUR/ OVER VAPOR BARRIER - ELEVATIONS - INSTALL F_......... _..._ . _.._. RECOMMENDATIONS. NICHIHA STARTER TRACK PAINTED GALVANIZED BREAK METAL FLASHING DEMOLITION NOTES 1'� DEMO SIGN O DEMO LIGHT AND EXPOSED CONDUIT 3O DEMO FABRIC AWNING ® DEMO DOOR O DEMO WINDOW © DEMO PORTION OF WALL ( D EXISTING PASS THRU WINDOW TO REMAIN DEMOLITION NORTH ELEVATION 1/4"=v-0" WEATHER RESISTANT BARRIER A I:1111111nn VV1114WIN :r_1► 041%I 1" x3 1/2" NICHITRIM - PAINT TO MATCH SIDING IJAI1IQI1I Z6P1:19, (E) URM WALL MENU BOARD DETAIL NTS I C SYMBOL AREA MANUFACTURER COLOR NEW ALUMINUM CANOPY WITH LETTERS BY VENDOR 10 ® (-5-) MAIN WALL COLOR SHERWIN WILLIAMS PACER WHITE NEW MURAL BY OTHERS NEW EIFS TRIM. SEE DETAIL 17 NEW LIGHT FIXTURE, SEE ELECTRICAL PLANS SW6098 EXISTING TRIM, TYPICAL ElACCENT NEW ALUMINUM STOREFRONT. SEE A1.1 WALL COLOR SHERWIN WILLIAMS IRON ORE NEW MENU BOARD. SIZE TO BE DETERMINED EXTERIOR NEW WINDOW / STOREFRONT. SEE WINDOW SCHEDULE BY TACO BELL. BACK LIT MENU BOARD REQUIRES POWER, SW7069 SAND AND CLEAN ALL EXISTING WINDOW FRAMES, PAINT PER SCHEDULE ACCENT & WINDOWS SHERWIN WILLIAMS IRON ORE SW7069 F-1 ❑4 E:1 SHERWIN WILLIAMS F-1 \ SW7069 EFIBER CEMENT PANELS NICHIHA El 6� CANOPIES SUNBRELLA ACRYLIC BLACK F-1 F El LJ F I I I I II II Lo E] E:1 E] 1:1 El El / ------- 1----------� _� =___� -- 1---------- --J F- -1 I -------------------------------J --------------------------------L---J L -------J L -------J ,---------------� ==--IF-------Ir----1 ��____�17_ ___]F-_===-1� 0 0 --J---JL---JI IL --�L — --�L-----�I ---------------_--� 5---�� ---,i i�==--��- 5---��----�i ® II II II II II II II ❑❑ ® ❑❑ II II I� �I II II I� ___JL___JL--=J L __JL JL____J -------- I -==----_^_--------I --------° II II r I� T—�I IIF- -11F- ISI III ISI ISI Ijl ISI ISI III ISI IL-1 JL - �3'-2" T.O. PARAPET -0 FI'N FIN. FLOOR �-0'-0" _ �I' FIN. FLOOR NICHIHA ARCHITECTUR/ OVER VAPOR BARRIER - ELEVATIONS - INSTALL F_......... _..._ . _.._. RECOMMENDATIONS. NICHIHA STARTER TRACK PAINTED GALVANIZED BREAK METAL FLASHING DEMOLITION NOTES 1'� DEMO SIGN O DEMO LIGHT AND EXPOSED CONDUIT 3O DEMO FABRIC AWNING ® DEMO DOOR O DEMO WINDOW © DEMO PORTION OF WALL ( D EXISTING PASS THRU WINDOW TO REMAIN DEMOLITION NORTH ELEVATION 1/4"=v-0" WEATHER RESISTANT BARRIER A I:1111111nn VV1114WIN :r_1► 041%I 1" x3 1/2" NICHITRIM - PAINT TO MATCH SIDING IJAI1IQI1I Z6P1:19, (E) URM WALL MENU BOARD DETAIL NTS I C SYMBOL AREA MANUFACTURER COLOR NEW ALUMINUM CANOPY WITH LETTERS BY VENDOR 10 ® (-5-) MAIN WALL COLOR SHERWIN WILLIAMS PACER WHITE NEW MURAL BY OTHERS NEW EIFS TRIM. SEE DETAIL 17 NEW LIGHT FIXTURE, SEE ELECTRICAL PLANS SW6098 EXISTING TRIM, TYPICAL ElACCENT NEW ALUMINUM STOREFRONT. SEE A1.1 WALL COLOR SHERWIN WILLIAMS IRON ORE NEW MENU BOARD. SIZE TO BE DETERMINED EXTERIOR NEW WINDOW / STOREFRONT. SEE WINDOW SCHEDULE BY TACO BELL. BACK LIT MENU BOARD REQUIRES POWER, SW7069 SAND AND CLEAN ALL EXISTING WINDOW FRAMES, PAINT PER SCHEDULE ACCENT & WINDOWS SHERWIN WILLIAMS IRON ORE SW7069 ❑4 CONTINUOUS PARAPET CAP SHERWIN WILLIAMS IRON ORE SW7069 EFIBER CEMENT PANELS NICHIHA ROUGHSAWN - "SMOKE" 6� CANOPIES SUNBRELLA ACRYLIC BLACK O NEW BUILDING" BLADE" SIGN - UNDER SEPARATE PERMIT (ID NEW WALL SIGN UNDER A SEPARATE PERMIT 0 0 NEW ALUMINUM CANOPY WITH LETTERS BY VENDOR 10 ® (-5-) UNDER A SEPARATE PERMIT EXISTING MURAL, NO WORK FIBER CEMENT PANEL OVER EXISTING WALL �1 12 © INSTALL FACTORY OUTSIDE CORNER TO 13 MATCH CEMENT BOARD PANEL 14 O7 NEW METAL COPING MC) archit architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 ,DR . Cn F 9-30-2019 ,\ REWAL DAT - CAS0(<= � marks architects 2017 ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. CUP FOR ABC SUBMITTAL 09.21.17 A A A A TACO BELL 2121 W. BALBOA BLVD. NEWPORT BEACH, CA 92663 TACO BELL CANTINA PROPOSED NORTH ELEVATION 1/4" = V-0° A4.0 52 CUP FOR TYPE C41 EXISTING AWNING, REPLACE FABRIC 15 INDICATES ROOF BEYOND ABC LICENSE PATCH AND REPAIR EXISTING STUCCO PRIOR TO PAINTING WALL. 1g NEW MURAL BY OTHERS NEW EIFS TRIM. SEE DETAIL 17 NEW LIGHT FIXTURE, SEE ELECTRICAL PLANS EXISTING TRIM, TYPICAL 18 NEW ALUMINUM STOREFRONT. SEE A1.1 NEW GLASS FOLDING WINDOW, SEE DOOR SCHEDULE 19 NEW MENU BOARD. SIZE TO BE DETERMINED EXTERIOR NEW WINDOW / STOREFRONT. SEE WINDOW SCHEDULE BY TACO BELL. BACK LIT MENU BOARD REQUIRES POWER, �+ ELEVATIONS SAND AND CLEAN ALL EXISTING WINDOW FRAMES, PAINT PER SCHEDULE PROPOSED NORTH ELEVATION 1/4" = V-0° A4.0 52 PA2017-198 SYMBOL AREA MANUFACTURER COLOR NEW ALUMINUM CANOPY WITH LETTERS BY VENDOR 10 ® MAIN WALL COLOR SHERWIN WILLIAMS PACER WHITE CEMENT PANEL OVER EXISTING WALL 12 SEALANT SW6098 F2 ACCENT WALL COLOR SHERWIN WILLIAMS IRON ORE 18 GAUGE FLAT STOCK ARCHITECTS SHALL REMAIN THE EXISTING AWNING, REPLACE FABRIC 15 SW7069 NICHIHA PANEL rDOUBLETFLANGE METAL FABRICATED TO PROPERTY OF MARKS ARCHITECTS IRON ORE 33 ACCENT/ CANOPYS /WINDOWS SHERWIN WILLIAMS SW7069 AND IS INTENDED FOR USE FOR THIS ECONTINUOUS 16 PARAPET CAP SHERWIN WILLIAMS IRON ORE SPECIFIC PROJECT ONLY. SW7069 FIBER CEMENT PANELS NICHIHA ROUGHSAWN - "SMOKE" 23'-2„ - T.O.PARAPET _0_Fk " FIN. FLOOR 01 -STOREFRONT 01-01, FIN. FIN. FLOOR 6-8" O NEW BUILDING" BLADE" SIGN - UNDER SEPARATE PERMIT. O NEW WALL SIGN UNDER A SEPARATE PERMIT 0 O NEW ALUMINUM CANOPY WITH LETTERS BY VENDOR 10 ® UNDER A SEPARATE PERMIT EXISTING MURAL, NO WORK 11 r_5_')r_5_')FIBER CEMENT PANEL OVER EXISTING WALL 12 © INSTALL FACTORY OUTSIDE CORNER TO 13 MATCH CEMENT BOARD PANEL. 14 O7 NEW METAL COPING. 32 T.O. PARAPE F1 6 FIN. FLOOR FFI-°, _ N. FLOOR NOTES: Attachment No. PC 5 - Project Plans 1. THIS CONCEPTUAL DETAIL IS A GUIDE FOR INSTALLATION OF NICHIHA PRODUCTS. ARCHITECTS/ENGINEERS/CONTRACTORS ARE RESPONSIBLE FOR SUCCESSFUL APPLICATION WHICH DEPENDS UPON SUBSTRATE DESIGN AND CONSTRUCTION BUILT IN ACCORDANCE WITH BEST PRACTICES AND LOCAL BUILDING CODES. 2. NICHIHA PANEL REPRESENTED HERE IS 5/8" NICHIHA PRODUCT, ADJUST ACCORDINGLY FOR OTHER NICHIHA PRODUCT THICKNESSES. 3. METAL FURRING CHANNEL CAN BE "Z" OR HAT CHANNEL (SHOWN HERE) AND MUST BE A MINIMUM OF 18 GA. 4. COMPLY WITH LOCAL BUILDING CODE FOR REQUIREMENT OF WRB. NICHIHA CLIP METAL FURRIN CHANNE NICHIHA PANEL 1J' CUT ULTIMATE CLII NICHIHA CORNER SEALANT OVER DOUBLE FLANGE SEALANT BACKEF 18 GA FLAT STOCK Iv FABRICATED TO WRAP OU" COI (E) URM WITH FURRING 6'& 10' HORIZONTAL PANEL OUTSIDE CORNER DETAIL- NICHIHA PRE -MANUFACTURED CORNER - METHOD 1 SCALE: NTS SIDING DETAIL 1/4" = 1'-0" I C I URM WALL .I n or architecture interior design retail restaurants space planning master planning leed accredited carp 2643 fourth ave. son diego ca 92103 619-702-9448 71905 hwy 111 #f rancho mirage ca 92270 760-610-5264 ,D. Rcy'� S �= -.4 9-30-2019 9-30-2019 REWAL DATE PROPOSED NORTH ELEVATION 1/4" = T-0" NICHIHA C1 METAL FL CH, NICHIHA PF 18 GA FLAT STOCK FABRICATED TO WRAP OI C( 1}" CUT ULTIMATI NICHIHA CORP FLASHING BY OTHERS SIDING DETAIL 1/4" = 1'-0" I D I (E) URM WITH FURRING 6'& 10' HORIZONTAL PANEL OUTSIDE CORNER- STUCCO TRANSITION DETAIL- NICHIHA PRE -MANUFACTURED CORNER (OR APPORVED EQUAL) SCALE: NTS SIDING DETAIL 1/4"=r-0" I E I A A TACO BELL 2121 W. BALBOA BLVD. NEWPORT BEACH, CA 92663 l TACO BELL CANTINA CUP FOR TYPE C41 ABC LICENSE EXTERIOR ELEVATIONS A4.1 �)�_f; DEMOLITION NORTH ELEVATION 1/4"=1'-0" A `� ��> ��j�marks architects 2017 SEALANT ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS 18 GAUGE FLAT STOCK ARCHITECTS SHALL REMAIN THE EXISTING AWNING, REPLACE FABRIC 15 INDICATES ROOF BEYOND. NICHIHA PANEL rDOUBLETFLANGE METAL FABRICATED TO PROPERTY OF MARKS ARCHITECTS PANEL CLIPANT OVER WRAP OUTSIDE CORNER AND IS INTENDED FOR USE FOR THIS PATCH AND REPAIR EXISTING STUCCO PRIOR TO PAINTING WALL. 16 NEW MURAL BY OTHERS SPECIFIC PROJECT ONLY. WEATHER RESISTANT LANBACKER NICHIHA FACTORY NEW EIFS TRIM. SEE DETAIL 17 NEW LIGHT FIXTURE, SEE ELECTRICAL PLANS BARRIER CORNER OVER CUT PANEL CLIPS CUP FOR ABC SUBMITTAL 09.21.17 EXISTING TRIM, TYPICAL 18 NEW ALUMINUM STOREFRONT. SEE A1.1 A NEW GLASS FOLDING WINDOW, SEE DOOR SCHEDULE 19 GRAFFITI COATING OVER MURAL. A NEW WINDOW / STOREFRONT. SEE WINDOW SCHEDULE A SAND AND CLEAN ALL EXISTING WINDOW FRAMES, PAINT PER SCHEDULE 10 mm - CMU - RECESSED WINDOW JAMB DETAIL A WITH FACTORY CORNER (OR APPORVED EQUAL) / SCALE: NTS PROPOSED NORTH ELEVATION 1/4" = T-0" NICHIHA C1 METAL FL CH, NICHIHA PF 18 GA FLAT STOCK FABRICATED TO WRAP OI C( 1}" CUT ULTIMATI NICHIHA CORP FLASHING BY OTHERS SIDING DETAIL 1/4" = 1'-0" I D I (E) URM WITH FURRING 6'& 10' HORIZONTAL PANEL OUTSIDE CORNER- STUCCO TRANSITION DETAIL- NICHIHA PRE -MANUFACTURED CORNER (OR APPORVED EQUAL) SCALE: NTS SIDING DETAIL 1/4"=r-0" I E I A A TACO BELL 2121 W. BALBOA BLVD. NEWPORT BEACH, CA 92663 l TACO BELL CANTINA CUP FOR TYPE C41 ABC LICENSE EXTERIOR ELEVATIONS A4.1 �)�_f; MLL �r --Nell - - - f mm�- --- N I Planning Commission - December 7, 2017 Item No. 3a Additional Materials Received Taco Bell Cantina (PA2017-198) Subject: FW: Questions for Planning Commission Mtg - Dec 7 From: Ramirez, Gregg Sent: Thursday, December 07, 2017 11:23 AM To: Kleiman, Lauren <lkleiman@newportbeachca.gov> Cc: Kramer, Kory <kkramer@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; +oa > Koetting, Peter <pkoetting@newportbeachca.gov>; Lowrey, Lee <Ilowrey@newportbeachca.gov>; Weigand, Erik <eweigaInd @newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Ramirez, Brittany <bramirez@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Campbell, James <JCa m pbe I I @ newportbeachca.gov> Subject: FW: Questions for Planning Commission Mtg - Dec 7 Hello Commissioner Kleiman, Regarding Taco Bell Cantina, there is no previous/existing CUP. A restaurant use with a Type 40 ABC License (On Sale Beer Only) at that location was established in 1963 (Original Pizza) without the need to obtain a CUP. Therefore, a restaurant use there is considered legal nonconforming. Original Pizza sold beer and held valid Type 40 ABC License until they closed earlier this year. Since Taco Bell Cantina didn't add floor area or net public area (dining room area), they are allowed to open and operate without a CUP and hold a Type 40 ABC License as a legal nonconforming use. Regarding hours, the current legal nonconforming status of the restaurant has no limitation on hours. Based on our records, Original Pizza had the following hours: Sunday — Thursday: 10 am — 9:30 p. m Friday— Saturday: 10 a.m. —10 p.m. Best regards, Gregg GREGG RAMIREZ Community Development Department Senior Planner aramirez(a)newoortbeachca. aov 949-644-3219 From: Kleiman, Lauren Sent: Wednesday, December 06, 2017 3:12 PM To: Campbell, James <JCampbell@newportbeachca.aov> Subject: Questions for Planning Commission Mtg - Dec 7 Hi Jim, Hope your holiday season is off to a great start. I am hoping that planning staff can provide the following in advance of tomorrow's Planning Commission hearing: Planning Commission - December 7, 2017 Item No. 3a Additional Materials Received Taco Bell Cantina (PA2017-198) Malibu Farm -a copy of the Electra Cruises appeal of the Parking Lot Management Plan approval Taco Bell Cantina -a copy of the previous/existing CUP -hours of operation for the previous operator (Original Pizza) and whether they sold beer on site Ginsberg Residence -Exhibit: breakdown of each property in China Cove: -Address -Lot SQFT -HomeSQFT -Year built -FAR -Set-backs -per today's code -actual as -built -conformance today - "yes" or "no" -Ownership/easement information for right-of-way at back of property Thank you. Lauren Kleiman Planning Commission Planning Commission - December 7, 2017 Item No. 3b Additional Materials Received Taco Bell Cantina (PA2017-198) Subject: FW: Continuance for Taco Bell Cantina Please distribute. Thank you i GREGG RAMIREZ Community Development Department Senior Planner oramirez(@. newoortbeachca. oov FrlW SLL9304W From: Thomas A. Fuentes Jr. [mailto:tfuentes33(a)gmail.com] Sent: Thursday, December 07, 2017 5:02 PM To: Ramirez, Gregg <GRamirez@newportbeachca.aov> Cc: Christian Fanticola <Christian.Fanticola(o)tfeflp.com> Subject: Continuance for Taco Bell Cantina Gregg, Thank you again for all of your work. As I mentioned, the applicant, Christian Fanticola would like to ask for a continuance on his item at tonight's planning commission meeting for the February 8th meeting. It is in regards to the Taco Bell Cantina Conditional Use Permit (PA2017 -198), item 3 in tonight's meeting. Can you please confirm receipt? Thank you, T.j. Thomas A. "T.j." Fuentes Fuentes Strategic Consulting, Inc. 3 Park Plaza, Ste. 1400 Irvine, Ca. 92614 Phone: 949-378-6199 E -Mail: TFuentes�3(d)Gmail.com