HomeMy WebLinkAbout4.0_Mama D's Restaurant Corona del Mar_PA2017-162o��,EWP°Rr CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
r� = December 7, 2017
C'9CF00.N% Agenda Item No. 4
SUBJECT: Mama D's Restaurant Corona del Mar (PA2017-162)
SITE LOCATION: 3732 East Coast Highway
• Conditional Use Permit No. UP2017-022
APPLICANT: Laidlaw Schultz Architects
OWNER: Radiant Properties, LLC
PLANNER: Benjamin M. Zdeba, AICP
949-644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to allow a new restaurant (food service, eating and drinking
establishment) in the former Sweet Lady Jane's Bakery tenant space. The Conditional
Use Permit is required to allow additional seating, the sale and service of alcohol with a
Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC)
license, and an adjustment to the parking requirement. No late hours (beyond 11 p.m.)
are requested as part of this application. If approved, this Conditional Use Permit would
supersede Minor Use Permit No. UP2012-024.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. 2074 approving Conditional Use Permit No. UP2017-022
(Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN 11 ZONING
CURRENT USE
ON-SITE
Corridor Commerd I Commercial Corridor CC
Bakery and cafe vacant
NORTH
Two -Unit Residential RT Two -Unit Residential R-2
Single- and two-family residences
SOUTH
CC CC
FFive Crowns Restaurant and parking area
EAST
CC 11 CC
Opus Bank
WEST
CC 11 CC
One West Bank
rl�XyE rib •
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• • \1
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'i'll INS
GENERAL PLAN ZONING
.n
LOCATION
GENERAL PLAN 11 ZONING
CURRENT USE
ON-SITE
Corridor Commerd I Commercial Corridor CC
Bakery and cafe vacant
NORTH
Two -Unit Residential RT Two -Unit Residential R-2
Single- and two-family residences
SOUTH
CC CC
FFive Crowns Restaurant and parking area
EAST
CC 11 CC
Opus Bank
WEST
CC 11 CC
One West Bank
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INTRODUCTION
Project Setting
The tenant space is located on the ground floor of an existing nonconforming mixed-use
development on the northern side of East Coast Highway, between Poinsettia Avenue
and Poppy Avenue in Corona del Mar.
Surrounding uses include one- and two -unit residential dwellings along Poinsettia Avenue
and Poppy Avenue. Commercial uses, such as banks, retail stores and restaurants, are
along East Coast Highway. On -street parking is free; however, there are one-hour time
restrictions on East Coast Highway and Poinsettia and Poppy Avenues.
Background
The existing building was constructed in the 1940s as a mixed-use development with
3,837 gross square feet of commercial area on the ground floor and two small residential
units above. The current zoning and land use designation for the property do not permit
residential uses; therefore, the two residential units on the second floor are considered a
legal nonconforming use and can remain under Chapter 20.38 (Nonconforming Uses and
Structures). There were no off-street parking requirements at the time the development
occurred; therefore, it is also legal nonconforming due to parking.
The longstanding commercial tenant was a photography studio (John L. Blom, Custom
Photography), which occupied the entire ground floor until 2011. The building underwent
renovations in 2012, to separate the ground floor into two commercial tenant spaces.
In November of 2012, the Zoning Administrator approved Minor Use Permit No. UP2012-
024 allowing Sweet Lady Jane's Bakery, a food service, eating and drinking
establishment, to occupy the subject tenant space. The approved operation included 280
square feet of interior dining area and 70 square feet of outdoor dining area with 20 seats.
Alcohol sales and service were not proposed and the allowed hours of operation were
between 7 a.m. and 11 p.m., daily. The parking requirement for the bakery cafe was
determined to be equivalent to the amount of parking the legal nonconforming commercial
space would require. In other words, the change in use from the photography studio to
the cafe did not require additional parking based upon the Zoning Code; thus, no
adjustment to the required parking was necessary.
Earlier this year, Sweet Lady Jane's Bakery closed and the tenant space has remained
vacant.
Prosect Description
The Applicant requests a conditional use permit (CUP) to allow Mama D's Restaurant to
occupy the tenant space. Based on the Applicant's project description and plans
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(Attachment Nos. PC 2 and PC 7) this will be the second Mama D's Restaurant and,
although it will still be a sit-down restaurant, it will be more of a quick turnover location.
The proposed operational hours are between 5 p.m. and 9 p.m., Sunday through
Thursday and 5 p.m. to 11 p.m., Friday and Saturday.
To accommodate the new restaurant, the existing bakery display cases will be removed,
expanding the interior dining area to from 280 to 600 square feet. The existing kitchen,
restrooms and "back of house" will not be expanded. The existing outdoor dining area will
be expanded from 70 to 150 square feet. The combined capacity between the interior and
outdoor dining areas will be 36 seats. The proposal also includes sales and service of
alcoholic beverages with a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic
Beverage Control (ABC) license.
A restaurant of this type at this location would normally require a minor use permit (MUP)
reviewed by the Zoning Administrator; however, the request also includes a reduction in
the off-street parking requirement incurred by the expanded dining areas. Any adjustment
to the off-street parking requirement must be reviewed and approved through the CUP
process. Pursuant to NBMC Section 20.50.030 (Concurrent Processing), multiple
applications shall be reviewed by the highest review authority; therefore, this project is
coming before the Planning Commission for consideration.
If approved, this CUP would supersede UP2012-024 authorized by the Zoning
Administrator in late 2012.
Analysis
Consistency with General Plan/Coastal Land Use Plan/Zoning Code
The subject property is designated Corridor Commercial (CC) within the Land Use
Element of the General Plan and is located in the Commercial Corridor (CC) Zoning
District. These designations are intended to provide a range of neighborhood -serving
retail and service uses along street frontages that are located and designed to foster
pedestrian activity. The restaurant is consistent with these designations because it will
provide a service to the neighborhood. Food service uses are permitted in the CC Zoning
District within 500 feet of a residential zoning district with the approval of a minor use
permit (MUP). The project requires approval of a conditional use permit (CUP) to waive
the parking required for the new use.
The applicant has requested operating hours of 5 p.m. to 9 p.m., Sunday through Thursday
and 5 p.m. to 11 p.m., Friday and Saturday; however, staff has included a condition of
approval allowing operating hours of 5 p.m. to 11 p.m., daily, for the interior of the restaruant.
This will allow the current operator and any future operator flexibility without an amendment
to the use permit.
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Off -Street Parking
In accordance with Section 20.40.060 (Parking Requirements for Food Service Uses),
the off-street parking requirement for food service uses may be established within thirty
(30) to fifty (50) square feet of net public area based upon physical design characteristics,
operational characteristics, and the location of the establishment. In this case, staff is
calculating the parking requirement at a rate of one space per 40 square feet of net public
area based on the proposed operational characteristics of the restaurant.
Fifteen parking spaces are required for the proposed use at the parking rate of one
parking space per 40 square feet of net public area. Since the existing building does not
provide the any parking for its uses, it is considered nonconforming. In accordance with
Section 20.38.060 (Nonconforming Parking) of the Zoning Code, the use may be changed
without providing additional parking, provided the new use requires no more than one
space per 250 square feet of gross building area. If the new use requires more parking,
the new use must provide the additional parking equal to a difference between the two.
In this case, eight spaces are attributed to the existing 1,780 -square -foot tenant space.
Therefore, a reduction in the off-street parking requirement of seven parking spaces is
necessary (15 spaces required — 8 -space credit = 7 spaces required).
Section 20.40.110 (Adjustments to Off -Street Parking Requirements) allows the Planning
Commission to reduce the number of parking spaces required if a Parking Management
Plan to mitigate any impacts is approved. A draft Parking Management Plan is attached
(Attachment No. PC 3).
In order to accommodate the use and the increased parking requirement, the applicant
proposes to use the immediately adjacent parking lots for One West Bank and Opus Bank
after 5 p.m., daily. The One West Bank lot has 10 parking spaces and the Opus Bank lot
has 4 parking spaces for a combined total of 14 parking spaces. The Applicant represents
that the property owners of the parking lots would not consent to an off-site parking
agreements; however, they do not object to Mama D's Restaurant patrons and employees
parking on their lots after 5 p.m. The owners of the bank properties have entered into
lease agreements authorizing the Mama D's Restaurant to use their parking lots. If either
of these lease agreements expire and are not renewed, the Applicant will be required to
notify the Community Development Department immediately and may need to cease all
operations until comparable replacement parking is secured.
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.
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The purpose and intent of NBMC Section 20.48.030 is to maintain a healthy environment
for residents and businesses by establishing a set of consistent standards for the safe
operation of alcohol establishments. Alcohol sales are intended for the convenience of
customers of the restaurant.
The commercial corridor through Corona del Mar is intended to foster pedestrian activity
by residents and visitors. Residential zoning districts are located in close proximity along
the streets that are perpendicular to East Coast Highway. The proposed location is an
existing commercial tenant space that is oriented away from the residential and sunken
from the adjoining neighborhood. Conditions of approval are included to ensure that the
purpose and intent of NBMC Section 20.48.030 is maintained and that a healthy
environment for residents and businesses is preserved.
The Police Department has reviewed the proposed use, provided operating conditions of
approval and has no objection to the Type 41 ABC license. An alcohol-related statistics
report has also been prepared for the project site (Attachment No. PC 5). The operating
conditions of approval and pertinent crime statistics are incorporated into the Resolution
for adoption (Attachment No. PC 1).
Conditional Use Permit Findings
The requested reduction in parking requirement requires approval of a conditional use
permit, and the establishment of a restaurant within 500 feet of a residential zoning district
in the Commercial Corridor Zoning District requires approval of a minor use permit.
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 the Zoning Code and 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.
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Staff believes that sufficient facts exist in support of each finding (Attachment No. PC 1).
The restaurant is consistent with the CC General Plan Land Use Designation and Zoning
District in that it will provide a service to the community. It is compatible with surrounding
uses permitted in the CC Zoning District, including banks, retail stores, service uses, and
restaurants along East Coast Highway. The Police Department reviewed the project and
has no objection to the proposed restaurant with a Type 41 ABC license for alcohol sales
and service. The proposed earlier closing hours and operational conditions of approval
included in the Resolution will help to ensure there is no detriment to the surrounding
residential neighborhood, including the two existing nonconforming residences above.
Additionally, the Parking Management Plan with the parking on the adjacent bank
properties after 5 p.m. will help to ensure there are no negative effects with adjusting the
required parking to allow the new use.
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 should be continued to a future meeting to allow redesign of
the project; or
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 6).
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 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. This exemption allows for the operation, repair, maintenance,
and minor alteration of existing buildings. The proposed business is located within an
existing building where only interior alterations are required to accommodate the new use.
If denied, projects that a public agency rejects or disapproves are not subject to the
California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the
CEQA Guidelines.
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.
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Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by:
IV4 J -1e7
V$ArAin deba, AICP
ssociate anner
ATTACHMENTS
Submitted by:
Jim Campbell
Deputy Community Development Director
PC 1 Draft Resolution for Approval
PC 2 Applicant's Project Description and Justification
PC 3 Parking Management Plan
PC 4 Parking Lease Agreements
PC 5 Police Department Memorandum
PC 6 Draft Resolution for Denial
PC 7 Project Plans
09/21/17
0
ID
Attachment No. PC 1
Draft Resolution for Approval
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RESOLUTION NO. 2074
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2017-022 REDUCING THE
REQUIRED PARKING AND ALLOWING THE ESTABLISHMENT
OF A NEW RESTAURANT (MAMA D'S) WITH ALCOHOL SALES
AND SERVICE AND NO LATE HOURS LOCATED AT 3732 EAST
COAST HIGHWAY (PA2017-162)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Laidlaw Schultz Architects ("Applicant"), with respect to property
located at 3732 East Coast Highway, and legally described as Lot 4, Block W of Tract No.
323, in the City of Newport Beach, County of Orange, State of California, as per map
recorded in Book 14, Page(s) 40 and 41 of Miscellaneous Maps in the Office of the County
Recorded of said Orange County, requesting approval of a conditional use permit.
The Applicant proposes a new restaurant (food service, eating and drinking establishment)
in the former Sweet Lady Jane's Bakery tenant space. The Conditional Use Permit is
required to allow additional seating, the sale and service of alcohol with a Type 41 (On -
Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license, and an
adjustment to the parking requirement. No late hours (beyond 11 p.m.) are requested as
part of this application.
3. The subject property is designated Corridor Commercial (CC) by the General Plan Land
Use Element and is located within the Commercial Corridor (CC) Zoning District.
4. The subject property is not located within the coastal zone.
5. In accordance with Newport Beach Municipal Code ("NBMC") Section 20.20.020
(Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses
within 500 feet of a residential zoning district require the approval of a use permit in the
CC Zoning District.
6. A public hearing was held on December 7, 2017, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
was given in accordance with the NBMC. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
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of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to a
restaurant. The existing tenant space will be remodeled with approval of a tenant
improvement building permit.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the following finding and
fact in support of such finding 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 44 (RD 44). 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 44 is higher than adjacent RD 43, RD 45 and
RD 47, which are predominantly residential, and lower than the Citywide average.
2. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has expressed no objection to the alcoholic beverage license subject
to the attached conditions of approval. The operation of the establishment includes
the approved floor plan with no separate bar counter or area and a closing hour no
later than 11 p.m. (i.e., no patrons within the establishment after 11:30 p.m.).
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. The total number of alcohol-related calls for service, crimes, or arrests in RD 44 is
higher than adjacent RDs 43, 45 and 47. These reporting districts are primarily
comprised of residential properties, so the lower amount of alcohol-related incidents
is expected. The Police Department has reviewed the proposal and has no objection.
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In 2016, two calls for service representing less than one percent of all calls for service
in the RD were reported at the subject property. All calls for service were not
specifically related to the existing restaurant and were only listed for geographical
purposes.
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.
The restaurant will be located in a renovated commercial building fronting East
Coast Highway. There are two nonconforming residential units above the tenant
space, which are not be permitted in the CC Zoning District. The properties
immediately across the alley to the north of the project site are within the Two -Unit
Residential (R-2) Zoning District. Primary access to the restaurant will be from the
East Coast Highway frontage away from the residential neighborhood.
The property is not located within close proximity to any day care centers, hospitals,
park and recreation facilities, places of worship, schools, or similar uses that
typically attract minors.
The nature of the commercial corridor along East Coast Highway in the Corona del
Mar area is to provide goods, services, and entertainment, including eating and
drinking establishments, which are designed to foster pedestrian activity. The
proposed restaurant will occupy a tenant space formerly occupied by another food
service, eating and drinking establishment (Sweet Lady Jane's Bakery).
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
The closest establishment selling alcoholic beverages is Five Crowns Restaurant to
the southeast across East Coast Highway. Several other full service restaurants
and bars with alcohol licenses operate to the west of this project site; however, those
uses are spread out along the corridor. The next closest is EI Cholo Restaurant,
which is approximately 600 feet away and separated by several multi -tenant
commercial buildings as well as Poinsettia and Orchid Avenues.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
No objectionable conditions are presently occurring at the site.
The project has been reviewed and conditioned to help ensure that the purpose and
intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended by the Police Department relative to the sale
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of alcoholic beverages will ensure compatibility with the surrounding uses and
minimize alcohol related impacts.
3. The hours of operation of the establishment will minimize the potential effects on
land use. The establishment would close no later than 11 p.m., daily, which will help
to ensure the use does not become a late night establishment, bar, tavern, or
nightclub.
In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings
and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is Corridor Commercial (CC). The
CC designation is intended to provide a range of neighborhood -serving retail and
service uses along street frontages that are located and designed to foster
pedestrian activity. A restaurant is permissible in the Zoning Code (implementation
of the General Plan) subject to the approval of a minor or conditional use permit.
2. The proposed restaurant is consistent with this designation because it will provide a
service to the surrounding neighborhood that will help to maintain a vibrant
commercial corridor. As conditioned, the outdoor dining area must close by 10 p.m.
and the indoor dining area must close by 11 p.m. All patrons must vacate the
premises by these designated times. The earlier closing hours will help to ensure the
use remains compatible with adjacent residential units and the surrounding
neighborhood.
3. The subject property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding:
1. See Facts in Support of Finding A.
2. See Facts in Support of Finding B(1) and B(2).
3. The proposed use complies with NBMC Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of approval
are included in this approval to maintain those requirements. These include, but are
not limited to:
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a. A prohibition of visible outdoor storage and solid waste storage (Conditions
of Approval 18 through 21); and
b. On -sale alcohol operational standards and requirements (Conditions of
Approval 26 through 45).
c. Outdoor dining operational standards (Conditions of Approval 7 and 8).
4. NBMC Section 20.40.060 (Parking Requirements for Food Service Uses)
establishes criteria to determine the parking requirements for uses from one parking
space for every 30 to 50 square feet of net public area. The proposed project has an
interior net public area of 600 square feet with accessory outdoor dining of 150
square feet providing seating for a maximum of 36 customers. One (1) parking space
for every 40 square feet of net public area is a reasonable number to require for the
proposed use, given the operational characteristics. Based on the interior net public
area of the proposed establishment, 15 parking spaces are required (600 sq. ft. / 40
sq. ft. = 15). The accessory outdoor dining area is excluded from the parking
requirement since it is equal to 25 percent of the interior net public area.
5. The existing mixed-use development is considered nonconforming due to parking
and use. No off-street parking is provided to serve the uses on-site; however, the
building was constructed prior to the establishment of parking requirements.
6. The gross floor area of the tenant space is 1,780 square feet. A parking credit of
eight (8) spaces is allotted to the tenant space; therefore, a total of seven (7) parking
spaces are waived with this approval. The reduction in the parking requirement is
consistent with NBMC Section 20.40.110 (Adjustments to Off -Street Parking
Requirements) based on alternative modes of travel to the restaurant (a large
number of people residing in Corona del Mar walk to restaurants), availability of
proximate on -street parking and two adjacent off-site private parking lots, for which
the property owner or business operator will maintain a private lease agreement.
7. A parking management plan has been prepared in compliance with NBMC
Subsection 20.40.110(C) to ensure employees park in the adjacent private parking
lot to the east (Opus Bank). Patrons will also be encouraged to park in the adjacent
private parking lot to the west (One West Bank). The hours of operation for the banks
are such that they will be closing as the restaurant is commencing operation, which
is consistent with the spirit of a jointly -used parking facility.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. Commercial uses such as restaurants are common in the vicinity along East Coast
Highway and serve visitors and residents. As conditioned, the establishment will be
compatible with the land uses permitted within the surrounding neighborhood.
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2. The proposed use will be located within an existing nonresidential building and will
complement the existing mix of retail, service, and restaurant uses in the immediate
area. A bakery previously operated in this location, and the space is currently vacant.
3. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is adjacent to
residential units, the building is oriented toward East Coast Highway and the outdoor
dining area will be buffered by a two-story structure at the rear of the property, closest
to the residential neighborhood.
4. As conditioned, the outdoor dining area will close by 10 p.m., daily, and the interior
of the restaurant will close by 11 p.m., daily, with all patrons vacating the premises
by 10:30 p.m. and 11:30 p.m., respectively. The earlier closing hours will help to
ensure there is no detriment to the adjacent residential neighborhood as well as the
nonconforming residential units above, which are permitted to remain pursuant to
NBMC Chapter 20.38 (Nonconforming Uses and Structures).
5. The Police Department has reviewed the proposed project and has no objections.
The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will help ensure compatibility with the
surrounding uses and minimize alcohol-related impacts. The project has been
conditioned to ensure the welfare of the surrounding community.
6. A condition of approval has been included requiring the business owner to ensure
employees park in the adjacent off-site parking area (Opus Bank) to the east to help
alleviate any impacts to the adjacent residential neighborhood.
7. The proposed restaurant focuses on quick turnovers, such that an expeditious dining
experience is had by all patrons. It is also anticipated that patrons of the restaurant
may use alternative means of transportation to arrive at the restaurant (e.g., walking,
biking, rideshare services, etc.).
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 subject tenant space is located within an existing nonresidential building. The
improved tenant space will be designed and developed for a restaurant use. 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
most recently been occupied by a bakery and cafe.
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2. Although the site does not provide the minimum number of off-street parking spaces
on-site, the site is suitable because the property owner and/or business owner will
be required to maintain a lease for parking in the adjacent private parking lots. Said
lots will be available in the evening as shown by the submitted Parking Management
Plan and accompanying private lease agreements. Additionally, a condition of
approval has been included requiring the business owner to ensure employees park
at the private parking lot to the east of the project site (Opus Bank). Patrons and
employees will not need to walk through the residential neighborhood to access the
restaurant.
3. The Applicant is required to install a grease interceptor, provide a wash-out area that
drains to the sewer line, obtain Health Department approval prior to opening for
business, and comply with the California Building Code to ensure the safety and
welfare of customers and employees within the establishment. All of these required
improvements will be accommodated on-site.
4. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utilities upgrades required for the
change in occupancy will be required at plan check for the building permit.
5. The tenant improvements to the project site will comply with all Building, Public
Works, and Fire Codes. All City ordinances and all conditions of approval will be
complied with.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. See Fact in Support of Finding C(7).
2. See Facts in Support of Finding D(3) and D(4).
3. The project has been reviewed and includes conditions of approval to help 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.
4. The restaurant will provide dining services as a public convenience to the
surrounding residential neighborhood as well as to visitors. The service of alcohol
will complement the principal use of the facility as a restaurant and provide an
07-11-17
19
Planning Commission Resolution No. 2074
Page 8 of 14
economic opportunity for the property owner to maintain a successful business in a
way that best serves the community.
5. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2017-022, subject to the conditions set forth in Exhibit "A," which is attached
hereto and incorporated by reference. This approval allows for the establishment of a
restaurant with alcohol sales and no late hours at 3732 East Coast Highway, and reduces
the required number of parking spaces due to the availability of alternative forms of
transportation (e.g., walking, biking, ridesharing, etc.).
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
3. This resolution supersedes Zoning Administrator Resolution No. ZA2012-044 for Minor
Use Permit No. UP2012-024, which upon vesting of the rights authorized by this
Conditional Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 7T" DAY OF DECEMBER, 2017.
AYES:
NOES:
ABSTAIN
ABSENT:
Peter Koetting, Chairman
BY:
Erik Weigand, Secretary
07-11-17
20
Planning Commission Resolution No. 2074
Paqe 9 of 14
EXHIBIT "A"
CONDITIONS OF APPROVAL
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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. This Conditional Use Permit may be modified or revoked by the Planning Commission
should it determine that the proposed uses or conditions under which it is being operated
or maintained is detrimental to the public health and 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.
5. The hours of operation for the interior of the restaurant shall be limited to 5 p.m. and 11
p.m., daily. Operation of the outdoor dining area shall be limited to 5 p.m. to 10 p.m.,
daily. All customers shall vacate the establishment 30 minutes after these designated
closing times.
6. The interior net public area shall be limited to 600 square feet. The outdoor dining area
shall be limited to 150 square feet.
7. Appropriate barriers shall be placed around the outdoor dining area. Said barriers shall
serve only to define the areas and shall not constitute a permanent all-weather
enclosure.
8. All physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) related to the
outdoor dining area that are visible from the East Coast Highway right-of-way shall be
compatible with one another and with the overall character and design of the principal
structure.
9. All employees shall park in the private parking facility as designated in the Parking
Management Plan.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require separate review and approval by the Planning Division
and may require an amendment to this Conditional Use Permit or the processing of a
new Conditional Use Permit.
07-11-17
21
Planning Commission Resolution No. 2074
Paqe 10 of 14
11. Prior to issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit "A" shall be incorporated into the Building Division and field sets of
plans.
12. Prior to issuance of building permits, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the 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.
13. Prior to issuance of building permits, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
14. 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 Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted below
for the specified time periods unless the ambient noise level is higher:
15. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
16. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of 7
a.m. and 6 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or federal holidays.
17. No outside paging system shall be utilized in conjunction with this establishment.
18. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
07-11-17
22
Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7 a.m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
6odBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
15. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
16. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of 7
a.m. and 6 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or federal holidays.
17. No outside paging system shall be utilized in conjunction with this establishment.
18. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
07-11-17
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Planning Commission Resolution No. 2074
Paqe 11 of 14
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
20. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
21. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
22. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 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 otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
24. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
25. 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 Mama D's Restaurant Corona del Mar including, but not limited to, Conditional
Use Permit No. UP2017-022 (PA2017-162). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The Applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Police Department
26. The removal or relocation of tables, chairs, stools or other furniture to accommodate an
area for standing or dancing shall be prohibited.
07-11-17
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Planning Commission Resolution No. 2074
Paqe 12 of 14
27. This approval is for an eating and drinking establishment (restaurant) with on -sale
alcoholic beverage service. The type of alcoholic beverage license issued by the
California Board of Alcoholic Beverage Control (ABC) shall be a Type 41 (On -Sale Beer
and Wine — Eating Place) license in conjunction with the restaurant as the principal use
of the facility.
28. All owners, managers and employees must abide by all conditions of the ABC license.
29. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge
or nightclub as defined by the NBMC.
30. No alcoholic beverages shall be consumed on any property or tenant space adjacent to
the licensed premises under the control of the licensee.
31. There shall be no live entertainment or dancing allowed on the premises.
32. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
33. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
34. No off -sales of alcohol shall be permitted.
35. Food service from the regular menu shall be made available to patrons until closing.
36. 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.
37. 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.
38. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
39. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his or her employees or representatives share in any profits, or pay
any percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
07-11-17
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Planning Commission Resolution No. 2074
Paqe 13 of 14
40. 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.
41. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified by the NBMC to require such
permits.
42. 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.
43. Strict adherence to maximum occupancy limits is required.
44. The operator shall maintain a security recording system with a 30 -day retention and
make those recordings available to the Police Department upon request.
45. 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.
Fire Department
46. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage
dispensing applications shall be required to obtain a fire permit as per California Fire
Code (CFC) Section 105.6.
47. Where carbon dioxide storage tanks, cylinders, piping and equipment (100 pounds or
more of carbon dioxide) are located indoors, rooms or areas containing carbon dioxide
storage tanks, cylinders, piping and fittings and other areas where a leak of carbon
dioxide can collect shall be provided with either ventilation or an emergency alarm
system per CFC Section 5307.5.
48. Mechanical ventilation shall be in accordance with the California Mechanical Code and
shall comply with all of the following:
07-11-17
2.5
Planning Commission Resolution No. 2074
Paqe 14 of 14
a. Mechanical ventilation shall be at a rate of not less than one (1) cubic foot per
minute per square foot.
b. Exhaust shall be taken from a point within 12 inches of the floor.
c. The ventilation system shall be designed to operate at a negative pressure in
relation to the surrounding area.
49. An emergency alarm system shall comply with all of the following:
a. Continuous gas detection shall be provided to monitor areas where carbon
dioxide can accumulate.
b. The threshold for activation of an alarm shall not exceed 5,000 parts per million.
c. Activation of the emergency alarm system shall initiate a local alarm while in the
room or area in which the system is installed.
50. Changes in use or occupancy that would place the structure in a different division of the
same group or occupancy or in a different group of occupancies shall be made to comply
with the requirements of this code and the California Building Code per CFC Section
102.3.
51. The proposed use is changing the existing occupancy from a B occupancy to an A-2
occupancy. With this change, additional requirements may apply at the discretion of the
Life Safety Services Division and Fire Department. Fire sprinklers shall be required if
the square footage equals or exceeds 5,000 square feet or the occupant load meets or
exceeds 100 persons per CFC Section 903.21.2.
Building Division
52. The Applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
07-11-17
20
Attachment No. PC 2
Applicant's Project Description and Justification
2�
m
LSL architects
LAIDLAW SCHULTZ
3111 Second Avenue Corona del Mar, cA 92625-2322 T: (949) 645-9982 F: (949) 645-9554 W. LSarchifects.com
September 18, 2017
Benjamin M. Zdeba, AICP
Community Development Department
Planning Division
3300 Newport Blvd.
Newport Beach, CA 92663
bzdeba@newportbeachca.gov
RE: Project Description and Justification for Conditional Use Permit for Mama D's,
Suite A, 3732 E. Pacific Coast Hwy, Corona Del Mar
As agent representing the ownership of Mama D's, I submit for your review this
letter ofjustification with the attached Conditional Use Permit application. Mama
D's is a food service establishment specializing in Italian cuisine. The original
location is on Newport Blvd. near 32nd St, and they now wish to open a second
location at 3732 E. Pacific Coast Hwy in Corona Del Mar.
Mama D's is a full service; family owned Italian restaurant, open daily for dinner
only, offering authentic Italian meals, beer and wine. A menu is attached to better
describe their food offerings and a Type 41 ABC license for beer and wine onsite
consumption is being concurrently processed for this location. This will be the
second location for the restaurant and while this is a sit down venue, the
operation focuses on quick turnovers. The proposed use will reuse the existing
kitchen, back of house space and restrooms, but eliminate the display area to
enlarge the net public area. The proposed increase in the net public area is from
280 sf to 600 sf and the accessory outdoor dining area from 70 sf to 150 sf. The
hours of operation will be Sunday through Thursday 5:00pm to 9:00pm and Friday
through Saturday 5:00pm to 11:00pm. The average number of employees per shift
is six.
The current space, Suite A at 3732 E. Coast Hwy, has a Minor Use Permit (No.
UP2012-024) to allow food service within 500 feet of a residential area. The current
space was approved with a 280 sf net public area, a 70 sf (25% of interior)
accessory outdoor dining area and a full kitchen. To ensure the viability of the new
restaurant, the new tenet, Mama D's needs to eliminate the pervious tenet's
display area and expand the net public area to 600 sf and enlarge the accessory
exterior dining area to 150 sf (25% of the interior). No changes are required to the
existing kitchen or restrooms.
29
The existing trash storage is 19.5 sf and located at the rear of the building adjacent
to the alley and serviced through the alley. Due to the 8' grade change between
the commercial space and the alley, it is not feasible to increase the size of the
existing trash storage area at the alley level however there is ample space at the
restaurant level for temporary storage of any overflow. An increase in the
frequency of trash pick-up is proposed in lieu of meeting the current city
requirement of 32 sf.
The proposed location at 3732 E. Pacific Coast Hwy is an existing mixed use
building with 3,390 gsf of ground level commercial space and (2) studio
apartments above located within the CC zone. The ground floor commercial
space is divided into two suites, 1780 gsf and 1610 gsf respectively. Mama D's
proposes moving into the larger of the two suites and there is an existing
commercial office tenet in the smaller suite. As noted in the existing MUP for the
building, the building has no existing on-site parking. In lieu of providing the
required on-site off-street parking a draft parking management plan is attached
as allowed under Newport Beach Municipal Code Section 20.40.110.13 Reduction
of Required Off-street Parking that supports both a reduction in the required off-
street parking requirement as well as incorporating the joint use of adjacent off-
site off-street parking facilities.
Given the attached description of Mama D's operation, the proposed plan, the
proposed shared parking condition and the additional mitigating measures to
provide both employee parking and private off-site parking, I submit that: 1.) The
use is consistent with the General Plan and any applicable specific plan; 2.) The
use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code; 3.) The design,
location, size and operating characteristics of the use are compatible with the
allowed uses in the vicinity; 4.) The site is physically suitable in terms of design,
location, shape, size, operating characteristics, and the provision of public and
vehicle access and public services and utilities; and 5.) Operation of the use at
the location 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, heath, interest, safety, or general welfare of persons residing or
working in the neighborhood.
Therefore, I ask that you review and approve the subject Conditional Use Permit
application. Thank you in advance for your review of the application and do not
hesitate to contact me with any questions.
Sincerely,
Scott Laidlaw
Laidlaw Schultz Architects
30
cc: Keith Davidson; John Bibeau
attachments:
Planning Permit Application
(8) sets of full-size plans
(1) set of reduced plans
Sample menu
Title Report
Draft Parking Management Plan
Mailing labels
31
p ,
STARTERS -
Bo's Sruschet}a
grouped Oliver Oil and Gan'c Bread with Pomtdom Silas Tomatoes,
Batliuma Ahmemalla 9
Stuffed Mushroom;,
Our Seasoned Breed Cnrmbs, rresb Hobs antl Trny, PJushroom Pieces 10
KYIe's stonewall. Madnara
Lightly Breaded and Filed. Servetl with Our Homemade Marmara 9
Pat's Baked Clams
Sewed Whole with Fresh HipbgmdSeasoned Bread Crumbs -@Dozen 12
Quinn's Calamari Fdtti
LlgMly Floured TentlerFresM1 Colanari, Fnatl and Ser.etl with Marinam 13
Aftama D'B Minestrone Soup Cup 6 BE,
, 6
- SALADS -
Choice of Mama O's Italian, Light Chemicals, lie fan,
Creamy Italtzn, Ranch or Blau Cheese.
-All Salads Available Chopped Upon Request -
Add seasoned or Dreaded Chlekon S
Italian Garden Salad
Iceberg and Romaine Lems e, Tomato. Canoes. Gadrenzes,
Carami ge, Macerate,, Poppaiodnl and Ones a
Caprese
Fresh Buthlo hemclarelaa, Roma Tomato and Basil with Generale and Olive 011
Antipasto
Yelton Garden :vlll. Assodad Italian Cold Cuts and Chase. 13
Caesar
Romaine, Homemade Croutons,
Freshly Orated
Newportport Beach PanOOaeserpmssing 9
F'roell Roma eO s,oes,Cucumbers,
Celery, Artichvko Hearts, in a Light Dressing 10
Lite Rouse Salad
Iceberg antl Romaine, Tomato. Canofs, fledOnions and Crou(ons :
- [PBZZA -
Our Pima is made In 9ro aadidonal Neopolitnn style n1lh a Min crust. Our sauce is made
wlfh fine Italian tomatoes, fresh basil lmdpcel".. oliva oil, garflc and oreAano:
It is topped wtfb mazzsreRa and spnnaded with freshly posted Pa,mesen.
Pleess allow 15.20 one.teo fora perfect bako
- Toppings -
Irlusilmoms Olives Fresh Basil Pepperoni $aus.go
Onion Zucchini Artichoke Hearts Mallon Hem Anchovy
Bell Pepper Fmshl'ometo Sundded Tomato MaMbnlle Capicollo
Eggplant Fresh Garlic Roger".
10' Small 1a"Medium IV'Large
iindividuap (2-3) (3.0)
Cheese 11 14 17
1 Topping 12 15 18
2 Topping 13 16 19
3 Topping 1z 17 2O
4 Topping 15 13 21
Specialty PlMzasi 15 1s 21
Margarita Tomer., Bassi, augalo Monarello
BBQ Chicken mppedwmr Rad Ontnn
Vegetarian Mushroom,Onion, Quires, Eggplant, Bell Pepper: Zucchini
Felonies Papperonl,thadhon Sauaageond Ham
pHaPta D's IDa1P®5a0 SfaXedwith Mozzarella A Rapper Clause 11
An)•Ad nsonal Topping Add 1.5
Add A. Lite House Salad or Cup of Minestrone Soup 3
Got Pasta
Choice of Mgel Heir, Poona,
Faust,
Feevile 1 Linguini,
Rlgefonl, Penne,Foseral mvUe 13
Primavera
Snap Peas,Rod And Greer.Bell Peeps, Carrots,
Tomaro.Onion and ZucUfe"hi ini is
Pomidore Fresco
Fresh Roma Tomato, Fresh eesilantl Garlic 16
Salerno
Fresh Mushrooms. Spinach and Garlic 16
Sorrento
FreshAltisinpoms, Spinach, Tomato and Gark, 16
Roma
Fresh Mushrooms. Roma Tomato, Tender /vAYhoHe Heads, Goal 'c and Basil 1s
Kelsey's Capri
Chopped Fresh Roma Tomato, Buffalo Mozzarella, Garlic and Basil 16
Dane's Dish
Fresh McShroom,. Roma tomato, Onion, Garlic andeani 16
Aloodra's Broccoli Al Pests
Fresh Br'occbliand Fuslltwith Oti GedicwCream Sauce 16
Jiu's Tortellini
Small Pillows of Paste SNY,ed wit^Ricotta Cheese 16
Cheryl's Gnocchi
SoRPotalppesfe 16
Agin, Olio
— Bolognese ?.5
Marinas.
— Alfredo 3
Meat
2 Creamy or Oily Pests 3
Fra Concept
2 Mama D's Original Pink Sauce 3.5
Chicken
a Colamari
Largo Meatball
3 Bay Scallops 5
Sausage
3 Shrimp 6
0
Please Ann. 15.20 Minutes gore Perfect Hake
Add Lite House Salad .,Cup of Minestrone Soup 3
Manicotti
Ricotta Fi/letl Festa with Mannaraantl Mozzarella 13
Stuffed Shells
Pasta Shells Filed with Rtcoffa and Covered with idozzamlla 13
Gary's Baked 8iti
RicuVeivilh Mo.avella 13
Ethan's Eggplant Parmigiana
EgW.'anh ParmesanenCLayemdbloszarella 14
Stuffed Eggplant Parmigiana
RpI2d Eppplent S(urled mdh RlcoiN, Coered with ldouarella lu
Lasagna
Tmdatorel Side wlth Layers of Meat, Recall. and Memprage 16
Vegetarian Lasagna
Layers O{Pasla.Eggplant, Zucchini, Ricans and Mouarella 15
Cheese Ravbli LIpMRgetts 14.
Spinach Raving Spinach and LigiV Rlcolla 14
Meat Filled Ravioli Beelana Park 15
Chicken Randall Chickananoalght Riesus 15
CHUCKEN -
Add Attie House Salad orCup of Minestrone Soup 3
*Penny's Chicken Parmigiana
Boneless Sesame Filet Topped v,;m Aearnara and Morarella 21
=Charlie's Chicken Limone
Bonaless.Became Filet with a White Wine Lemon -Parsley Sulter Sauce 21
"Chicken Chris
Boneless Filer with Eggplant, Maria. and MCVad Mozzarella 21
Chicken Mama D's
Bonelese Chi dam. Fresh 6fuslirooms, Reddid Green Se l Poppers,
Sauteed in a White Wine, Fmih Garlic and Baler Saace,
Sarredlvith Pasta Menem 21
Keith's Caccialore
Boneless Catalan; Stawed with Fresh Onto., Mushrooms are Marmara Some,
Saved with Pash Afadnara 21
-Little Jack's Chicken Marsala
with Mushmansend Marsco Usne 21
Chicken David
Boneless Chicken, Mushrooms and Shallots tamed
ager Our Ma..le Sumvri Sauceand Pasta 21
Jake's Chicken Napoli
Se lase Chicken, 4<uslvoorns and Fresh Spinach teased
with Pasta to a Gleamy Olson Sellae 21
*Hannah's Chicken Picoata
Cbiclren Breast Saulded with Olive odand Cap.
in. Wells wins Butter -Lemon Sauce 21
-Servetl with Fresh Vacationer, and Pasta
Pasta Puttanesca
Olives, Capers, alasbrpoms. Roma Tomefoes,Amnesia Heath,
tosseetn Fra Diavolo tT
Sausage and Chicken Capri Fra Diavolo
$.aided Chicken antl Sausage, Roma Tomalo, Bu1Mlo Mappings
antl Saud in oar Fra Diavolo 23
- VEAL -
All Veal Dashes Arc Served nor Posta dlannara and Fresh Vegetables
Add A Lite House Salad or Cup of Minestrone Soup 3
Veal Denni
Lightly Breaded Cutlets with Eggplant, hlannara Saute,
Pannesanand Abetted Mozzarella 22
Veal Parmigiana
Lighty Breaded Outlets, with klarinara Sauce and Maned Mozzarella 22
Veal Marsala
Saufdetl ease Fresh Musftmoms end Marsala Nine 22
Fatima's Veal Piccata
Sauteed in Gnus Oil, Capers and Whine Wine Butter -Lemon Sauce,
Ag welDtshes Are Sewed with Pasta Aearimrs and Rash Vegetables 22
SEAFOOD -
Add AUp, House Salad or Cap of Allnesfmne Soup 3
Debra's Linguine and Clams
Available Retl nr with Mame D's Clan:emfh Saace and Pasta 21
Ava's Linguine and Mussels
Served in a Red Broth Sauce with Pasta 21
Martha's Shrimp Parmigiana
malt Pastaznd Fresh tegetables 23
Papa D's Scampi Style Shrimp
Fresh Garlic, Bullae Lemon and a While Mo.,
Sowedwitb Aglio(cm Pasta and Vegomblcv 23
Roberts's Cicppino with Linguine
Simply Our Best Seemed Dish Shnmp, Mussels, Clams and Colamari
tea Redamth Sauc.uRh Pana 25
;{.IrPe.}_fo Y�,u. f„neveryil ng tst��� cell 9•rz�,yC
k th our lik ng pleae'Is'us It'nowl msn"iii5 i
.rem'' "'."
Attachment No. PC 3
Draft Parking Management Plan
33
al
LSarchitects
LAIDLAW SCHULTZ
3111 Second Avenue Corona del Mar, cA 92625-2322 T: (949) 645-9982 F: (949) 645-9554 W. LSarchifects.com
September 18, 2017
Benjamin M. Zdeba, AICP
Community Development Department
Planning Division
3300 Newport Blvd.
Newport Beach, CA 92663
bzdeba@newportbeachca.aov
RE: Draft Parking Management Plan for Conditional Use Permit No. UP2017-022
(PA2017-162) for Mama D's at Suite A, 3732 E. Pacific Coast Hwy, Corona Del Mar
As agent representing the ownership of Mama D's, I submit for your review this
proposed parking management plan in response to the city's request for
additional information in support of the CUP application. More specifically, how
does the request address parking requirements consistent with Newport Beach
Municipal Code Section 20.40.110.
Existing Use
The proposed location at 3732 E. Pacific Coast Hwy is an existing mixed use
building with 3,390 gsf of ground level commercial space and (2) studio
apartments above located within the CC zone. The ground floor commercial
space is divided into two suites, Suite A with1780 gsf and Suite B with 1610 gsf. Suite
'A' is currently approved for food use and has a minor use permit (MUP No.
UP2012-138) allowing for food service with a net public area of 280 sf and an
accessory outdoor dining area of 70 sf. The remaining space was used for display
of baked goods and a full kitchen. The hours of operation were Sunday through
Wednesday 7:00am to 10:00pm and Thursday through Saturday 7:00am to
11:00pm. The previous use was approved with no on-site parking provided.
Proposed Use
Mama D's is a full service; family owned Italian restaurant, open daily for dinner
only, offering authentic Italian meals, beer and wine (with concurrent application
for a Type 41 ABC license for beer and wine onsite consumption). This will be the
second location for the restaurant and while this is a sit down venue, the
operation focuses on quick turnovers. The proposed use will reuse the existing
kitchen, back of house space and restrooms, but eliminate the display area to
enlarge the net public area. The proposed increase in the net public area is from
280 sf to 600 sf and the accessory outdoor dining area from 70 sf to 150 sf. The
hours of operation will be Sunday through Thursday 5:00pm to 9:00pm and Friday
through Saturday 5:00pm to 11:00pm. The average number of employees per shift
is six.
S5
Adjustment to Off-street Parking Requirement
Per Newport Beach Municipal Code Section 20.40.110.8 Reduction of Required
Off-street Parking, a conditional use permit is requested for both the reduction of
the parking requirement due to (1) Reduced Parking Demand and (2) the Joint
Use of Parking Facilities.
1. Reduced Parking Demand
It is widely accepted among transportation consultants that there has been a
distinct shift in how people are traveling to restaurant and bar locations. While
there is currently no specific information on Corona Del Mar, the CDM Business
Improvement District in partnership with the city is in the process of initiating a
study through Walker Parking Consultants to better quantify the new pattern of
travel, specifically third party ride sharing like Uber and Lyft. The ownership of
Mama D's conducted their own survey of patrons (Exhibit 1) at their Newport
Beach peninsula location on Friday night July 14th (a peak time of the week
and year) and found that 23 out of 71 individuals/groups arrived by either
Uber/Lyft, walking/bicycling or taxi. Notwithstanding that some patrons have
always arrived without a need for parking, this does demonstrate that currently
more than 30% of patrons do not require parking justifying some reduction in
the parking demand.
For this block of the commercial district on the north side of PCH between
Poinsettia and Poppy and up to the alley there are seven on -street parking
spaces. Traditionally, on -street parking has not been use to satisfy the parking
requirement, but per this section of the code can be used to furtherjustify a
reduced parking demand. There are no other commercial uses open after
5:OOpm within this block all with long term lease agreements. There is also a bus
stop directly adjacent to the proposed location providing service for both
patrons and employees.
Within the city's sliding scale for parking of net public area within a food use,
the conditions noted above support a reduced parking demand from
1space/40sf (from existing MUP) of net public area to 1 space/50sf of net
public area.
2. Joint Use of Parking Facilities
As noted above, both the shared use in Suite B of the subject property and the
two adjacent banking uses are closed after 5:OOpm. Opus Bank to the east has
five parking spaces available after 5:00 pm (4 regular and 1 accessible) and
One West Bank to the west has ten parking spaces available after 5:OOpm (9
regular and 1 accessible). The ownership at 3732 E. PCH has negotiated long
term leases (Exhibit 3 and Exhibit 4) for the use of the two adjacent parking
facilities after 5:OOpm. All fifteen of the above spaces and the on -street parking
spaces are within 200 ft of the proposed use.
so
Mama D's proposes using the five spaces behind Opus Bank and accessed by
the alley for employee parking. There is direct access from the alley into the
kitchen for the proposed location. This should go a long way to address the
neighborhood concern over employees parking within the residential district.
The remaining ten spaces are directly adjacent to the proposed location and
will be available only for Mama D's patron parking. Through the joint use of
adjacent off-street parking facilities, fifteen parking spaces are available
during normal operating hours.
Based upon the requirements listed under Newport Beach Municipal Code
Section 20.40.110.B(1) and (2) Reduction of Required Off-street Parking, the
mitigations listed above provide alternate means to meet the parking needs for
the proposed use. The fifteen off-street spaces alone with a 1 sp/50sf parking
demand would support a net public area of 750 sf where only 600 sf is proposed.
Given the attached description of Mama D's operation, the proposed plan, the
proposed shared parking condition and the additional mitigating measures to
provide both employee parking and private off-site parking, I submit that: 1.) The
use is consistent with the General Plan and any applicable specific plan; 2.) The use
is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code; 3.) The design,
location, size and operating characteristics of the use are compatible with the
allowed uses in the vicinity; 4.) The site is physically suitable in terms of design,
location, shape, size, operating characteristics, and the provision of public and
vehicle access and public services and utilities; and 5.) Operation of the use at the
location 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, heath, interest, safety, or general welfare of persons residing or
working in the neighborhood.
Therefore, I ask that you accept this draft parking management plan and
incorporate it into the conditions of approval for the Conditional Use Permit
application.
Sincerely,
Scott Laidlaw
Laidlaw Schultz Architects
cc: Keith Davidson; John Bibeau
attachments:
Exhibit 1: Customer transportation Survey
Exhibit 2: Existing On -street Parking
Exhibit 3: Opus Bank Parking Lease Agreement
Exhibit 4: One West Bank Parking Lease Agreement
Copy of reduced plans
MUP No, UP2012-024
37
Exhibit 1
Mama D's, Newport Beach
Customer Transportation Survey- July 14, 2017
71 parties of diners participated, with method of arrival listed.
1. Amanda B
Uber/Lyft
2. Jon C.
Uber/Lyft
3. Tk L
Uber/Lyft
4. Josh V
Uber/Lyft
S. Ryan F
Uber/Lyft
6. Allison Y
Uber/Lyft
7. Nanette G
Uber/Lyft
8. Nona G
Uber/Lyft
9. Taylor W
Uber/Lyft
10. Rebecca B
Uber/Lyft
11. Tyler V
Uber/Lyft
12. Andrea B
Uber/Lyft
13. Christian E
Uber/Lyft
14. Courtney W
Uber/Lyft
15. Jackie W
Walk/Bicycle
16. Jeff G
Walk/Bicycle
17. Ryan B
Walk/Bicycle
18. Carson K
Walk/Bicycle
19. Stacy Y
Walk/Bicycle
20. Jeff I
Walk/Bicycle
21. Rick S
Walk/Bicycle
22. Jason D
Walk/Bicycle
23. Pierre L
Taxi
24. Rob P
Car
25. Eric C
Car
26. Madison G
Car
27. Diane F
Car
28. Scott W
Car
29. Gail L
Car
30. Patty W
Car
31. Yvonne F
Car
32. Lee W
Car
33. Lydia K
Car
34. Gordon L
Car
35. Rachel Q
Car
36. Vanessa A
Car
37. Xander L
Car
38. Tom M
Car
39. John B
Car
38
Exhibit 1
40. Matt F
Car
41. Stewart G
Car
42. Brent D
Car
43. Allen G
Car
44. Doug R
Car
45. Griffin C
Car
46. Debbie R
Car
47. Jane P
Car
48. Jun W
Car
49. Michelle G
Car
50. Jax J
Car
51. Connor U
Car
52. Justin P
Car
53. Jared T
Car
54. Anna M
Car
55.Sean M
Car
56. Andrea C
Car
57. Matthew V
Car
58. Justin G
Car
59. Rafael M
Car
60. Sean S
Car
61. Rob P
Car
62. Greg G
Car
63. Steve L
Car
64. Diane F
Car
65. Darrell F
Car
66. Walter P
Car
67. Lorraine V
Car
68. Don G
Car
69. Sandy F
Car
70. Ron Y
Car
71. Marie C
Car
3J°
Exhibit 2
Existing On -Street Parking
Patron Parking
5pm-1 1 pm
10 total spaces
1 accessible stc
On -street parki
5pm-I Ipm (no
uses in operatic
7 total stalls bo
and ECH w/in
Employee Park
5pm-1 1 pm
5 Total spaces
1 accessible
Scale: 1/32" _
40
M
Attachment No. PC 4
Parking Lease Agreements
42
42
Exhibit 3
PARKING LOT LEASE AGREEMENT
NT
THIS PARKING LOT T LEAStE AGRE, EMEN T (this "Lease") is made as of dune 12, 2011, by
and between Opus Ear; , with an address cf 3748 E. Coast Hvay, Corona,Del Mar, CA 92625(the
), and Radiant Properties, LLIC with an address of 21 rd3 NeGaport Coast I3r Suite
4141, New -port Coast, CA 92057 (tile "Tenant"). The Landlord and the Tenant shall also be
referred to herein each as a "Frirty", and collectively as the "Parties".
RECITALS
WHEREAS, the Landlord has agreed w lease to the Tenant and. the Tenant has agreed to lease
from the Landlord the Leased Premises; to be used generally as a parking lot, on the terms and
conditions herein contained.
NOW, T-KERiGFOUVE, for good and valuable consideration_, the receipt and sufPicienc-v ofwhich
is herebv acknowledged, the Parties hereby covenant and agree as fellou-s:
1. Premises,. The Landlord hereby lets to the Tenant, and the Tenant hereby takes and leases from
the Landlord, for the term or terns and upon the provisions hereinafter specified, the following
described property (collectively, the "Leased Premise (a) the real property describer) on. Exhibit
A or this Lease, attached hereio and made a part hereof; together with ail easements, rights amd
appurtances thereunto belonging, or perta=ining (collectively, the `La�rid"). and (b) all improvements
now or at any time in the future constructed.
'. eras. The Tenant is hereby leasing the Leased Premises for the initial tern} commencing on
July 1, 2017 (the "Effe.ctive (lute") and terminating on December 31, 2021_ (the "lnitat Ter.;}" ).
Provided the Tenant is not then in uncured material breach or default of this [ease, then this lease
shall automatically renew for two (2) cons CUt i+e Se4en 171 ;ear tertRS ieaGl}, a "lienEtJal i Grii }-
unless Tena -rat provides Written notice of its intention not to renew this tease prior to expiration of
the initial Term or Renewal Teem, as applicable.
3. Use. The Tea}ant's use of tlae [.eased Prenxiises shall be for any lawful use of a parking lot,
whether by itself or any third nark.
1- Regit. $5.00 and other awod and 'iolutable ccnsideratlon, receipt of 4r`hkJi is iierebti
acknowledged.
5. Access_ During the terms of this Agreement, Tenant will have ac=cess to the 5, parking spaces
at Opus Srtic, Monday throu_x Sunday 'i oin 4:OOpm-10:30pm.
n. General Liability laauranaee Reciijimmicuts, At all times during -he 'Cerin of the lease,
Tena}t shall at its own expense, obtain and maintain in full force and effect insurance with limits
not less than x1,000;000 in the aggregate. Tenamt will name Opus Bank as an additional Insured.
NE
Exhibit 3
End of Lease. Signature Page Follows.
IN WITNESS WHEREOF, the Parties have caused this Lease to be executed as of the day and
year tient above vnitwn.
—AS, the Landlord
PY .. .. ?✓ 1_" _...__...
Name: ` c a k 1-4, y
'ritte:__
RADIANT i PRQ9P RTIES, LLC, the `f'enant
?Vain:
Tule:,.ZtivL'�"?i�'__�-+-
Destrin ion of Leascd a meaaa:,es
3748 E Coast Hwy, CDM, CA 42625
45
Exhibit 4
P:i.t KINC LOT LEASE AGREEMENT
1'6•Il!ti PAC2!{li\G LUT 1,f:AS1~: At;<i�F;i<,1VlFi�i'p {tiii:a "i�ca�.s�") is mask as af,Iuh' I, �!)i?, h}•
Mid tteoXwn. TJ.I Cor tiroperlics. 111. n ith an address o('1434 Scacoai t Drive, Imperial Be:i.h,
CA 9193,1.i?a1.Jiaec ^1tq}: rt;cs; !.! c st tll in address ol'2I1163 Newport
t'ip131 1)r Sttiw 0141, t ICljx,it (,oav, CA Iv2f ;_f itftC flit, LaLdiurl and lh( •*Ien;ml
shallalso be ralerred Io herein cacti lig it " Pari> ". and uulleethel., as the
RF.C'ITA1,4
"WHERE -AS, the Landicl %I lids agreed u-. leaw Its ! z wart :tie? III;; I t•mat has agrer:d to Icast:
linin die Landlord ;h.: i.er,,cd Prcmi:;cv, to. by :is:ll gTricrall, .� 10 parking spacrs in the ymrking
loi, ti;:uupied by, One flank loc and at +?'.)f) I:. t;t,,:.,E liw, ., Coram TV Mar C.d').r`i35, ov
the ternis and vamiiftons berciu c?nia111e'(t' '
.Nee', n if..R.F:NORE, ler good and vlait ibir conn it erntion. the receipt anti sulli6ene}• of ivhiell
;4 hclrin,aL';notvlcdgecl, thc' Pal:i_s he.reby .uvcnalu ttild allnce. us ibllor:sa
1. / rt:rueses. (Ili. is alidl:lrCi at-i^i7t IL'i:: it' i1iL' ) ell&:li, c>iU Iht: ) Frrinl lli7Cl1}'takes ailu 1list:; lr[�Cii
}he i su!d'iard, for the itm tir terms and upon tli:t pro isiuns he inalier speciticxi, the I'Mo ging
.iesrMled r.rolni) icul{tasivel:. the " zseJ tto Ys,u•i°l; iris1k.. rcal p rtipert} disclibeA at ='d(s
I..'. t,timl M%q. Corona I)Ci Nlar, CA 2623t.'.> t71(i7{ ;y ill ,lits iLa-w, a1lmdwt1 ftc. pct i mnt1 made a
pntt hclw . utgetllf f `slth itll a mcnienh. nL:tits imil enpilliri;!nces themunto bclons in.g or IArtauttng
tcoltectively, the "Ianri"I, Sind ib) al', inipmvov. tut w:_ noa' «r pit ant simc in ilu. future constrt}rt d.
.?. `till,."'Ital)llnt}tif} or pfd}'ch ,, ?(1?_ (tile Initial "Penclb kir 7duct: 13)
conw-cutmi 11t v (5) ytar lent i,.••
.i. Ljeg. file I eliatii'S Use of the U:.:A ed shall IA' i.t' :Ara ltw%f?II Use of a rtarking iOs,
wileth4K b1' i(Scif (tr till•; illirtl pill-,
:a. Riont. 5.5-.00 and otlie°r 22Sµyi wml v;0t ablC i."i>R:qd ;'.Stili,}. i%;Iwpc of which IS hCrt'o"
ad.rsiwkdged.
4. ! crew%. During lit: term (ii til � At4rc::.�iti'L'2, Tt7t;i ill will hitvc to Il}e paring stvwtC, ill
Grit: %west Blink. tiatinria}° i1irough Sunday brim 4:00pm- it)_,(r m..
f'i. t:.iimeral Liebiiity iusuranre Regnirentents, Al all wivs during illi; Perris fif the lease.
Tenevil ,,tall ill its. own CY.IM; r.,,, tibiain mill maimmin in full force ar i dtit:et insurance %ith Iirnits
licit i- -S llaitti $?.f}fui 000 ill ilia'. ?.gygale. 1Ctltuil trill neanc. (.)lie West Runk as an additional
lnsultd.
40
Exhibit 4
End of Louie. S�Vnrntre Pu4e! F(41owv.
IN WITNESS WIMUM, dic Parties !I,, io:%;Uu,;Cd illi's, Lte.ase its he rhertilt.-Iias of Ow. day and
year firs -t above wrinen
AS. lk Landlord
fltk-:.ft"66thk6 ... MO" PAW--
7- 1 -1
L-sy
L'. A A
14-berinligLi of L"sed 11rcuti%cs
'7?u() F:. 'Coa�il HwYj'A)"1j' ('.'A 41fy7�
-47
Attachment No. PC 5
Police Department Memorandum
42
4-9
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Benjamin Zdeba, Associate Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 24, 2017
SUBJECT: Mama D's
3732 East Coast Hwy
Use Permit No. 2017-022 (PA2017-162)
At your request, the Police Department has reviewed the project application for a new
restaurant, Mama D's, located at 3732 East Coast Hwy, Newport Beach. Per the project
description, the applicant is seeking a Conditional Use Permit to allow a food service restaurant
no late hours, a Type 41 (on -sale beer and wine) Alcoholic Beverage Control License, and an
outdoor patio.
An Operator License will not be required for this establishment
Statistical Data and Public Convenience or Necessitv
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
3732 East Coast Hwy.
The summary indicates there were 2 calls for service to this location in 2016. Both calls were
related to an animal control call near the business.
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) 44
which encompasses the Village of Corona Del Mar. Of the City's 38 Reporting Districts, RD 44
SD
Mama D's
U P2017-022
ranks 5" for reported crimes with a total number of 160 reported crimes, which is 90% more
crimes than the average of all reporting districts within the City. This location meets the legal
criteria for undue concentration (B&P §23958.4).
Alcohol License Statistics
The applicant premise is located within census tract 627.02. This census tract has an
approximate population of 4,713 residents with 22 licensed establishments and 27 active
licenses. That is a per capita ratio of 1 license for every 175 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 (B&P §23958.4).
Discussion and Recommendations
The above statistical information is provided for educational reference and perspective. The
Police Department has no objections to the application as proposed due to this establishment
having no late hours. We do have concerns with the noise level of the outside patio and
recommend the patio close at 10:00 p.m., consistent with recent approved uses in the area.
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. All customers must vacate the establishment 30 minutes after closing.
2. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
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 — Eating Place)
license in conjunction with the restaurant as the principal use of the facility.
4. All owners, managers and employees must abide by all 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.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
7. There shall be no live entertainment or dancing allowed on the premises.
8. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
9. There shall be no reduced price alcoholic beverage promotions after 9pm.
2
151
Mama D's
UP2017-022
10. No off -sales of alcohol shall be permitted.
11. Food service from the regular menu shall be made available to patrons until closing.
12. 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.
13. 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.
14. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of
drinks.
15. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
16. 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.
17. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
18. 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.
19. Strict adherence to maximum occupancy limits is required.
3
52
Mama D's
UP2017-022
20. The applicant shall maintain a security recording system with a 30 -day retention and make
those recording available to police upon request.
21. 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.
Investigator, Special Investigations Unit
4-
Jeff
Brouwer
Deputy Chief
53
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Attachment No. PC 6
Draft Resolution for Denial
50
RESOLUTION NO. 2074
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE
PERMIT NO. UP2017-022 REDUCING THE REQUIRED PARKING
AND ALLOWING THE ESTABLISHMENT OF A NEW RESTAURANT
(MAMA D'S) WITH ALCOHOL SALES AND SERVICE AND NO LATE
HOURS LOCATED AT 3732 EAST COAST HIGHWAY (PA2017-162)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Laidlaw Schultz Architects ("Applicant"), with respect to property
located at 3732 East Coast Highway, and legally described as Lot 4, Block W of Tract No. 323, in
the City of Newport Beach, County of Orange, State of California, as per map recorded in Book
14, Page(s) 40 and 41 of Miscellaneous Maps in the Office of the County Recorded of said Orange
County, requesting approval of a conditional use permit.
2. The Applicant proposes a new restaurant (food service, eating and drinking establishment)
in the former Sweet Lady Jane's Bakery tenant space. The Conditional Use Permit is required to
allow additional seating, the sale and service of alcohol with a Type 41 (On -Sale Beer and Wine
— Eating Place) Alcoholic Beverage Control (ABC) license, and an adjustment to the parking
requirement. No late hours (beyond 11 p.m.) are requested as part of this application.
3. The subject property is designated Corridor Commercial (CC) by the General Plan Land
Use Element and is located within the Commercial Corridor (CC) Zoning District.
4. The subject property is not located within the coastal zone.
5. In accordance with Newport Beach Municipal Code ("NBMC") Section 20.20.020
(Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses within
500 feet of a residential zoning district require the approval of a use permit in the CC Zoning
District.
6. A public hearing was held on December 7, 2017, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was
given in accordance with the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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.
WN
Planning Commission Resolution No. 2074
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.
3. The Planning Commission determined, in this case, that the reduction in required off-
street parking is inconsistent with the purpose and intent of NBMC Section 20.40.110
(Adjustments to Off -Street Parking Requirements) because the use will conflict with other uses
in the vicinity.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2017-022.
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 7T" DAY OF DECEMBER, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Koetting, Chairman
Ll'�
Erik Weigand, Secretary
Tmplt: 04/14/10
159
Attachment No. PC 7
Project Plans
00
02
PA2017-162
General Notes
1. All construction shall be completed in full compliance with the 2016 California
Building Code (CBC),Electrical (CEC), Energy (T24-6), Mechanical (CMC),
Plumbing (CPC) and all other applicable county and state codes and
requirements.
Contractors shall give all notices and comply with all applicable codes and
regulations, laws, ordinances and orders by any public authority having
jurisdiction over the project and shall meet or exceed all industry standards.
2. The Contractors shall study and compare the contract documents and shall at
once report to the architect in writing all errors inconsistencies or omissions
discovered and verify all dimensions on site PRIOR TO COMMENCING THE WORK. If
a subcontractor proceeds with any of the work so affected without written
instructions from the architect, the subcontractor shall make good at his own cost
any resulting error, damage or defects. The subcontractor shall perform no portion
of the work without contract documents or, where required, approved shop
drawings, product data or samples for such portion of the work.
3. The intent of these drawings is to provide a complete and finished job in all
respects. Contractors are to make accurate field inspections of all aspects of the
job. Extras will not be allowed unless authorized by the owner and architect for
"Authorized Changes and Revisions" to the scope of work.
4. Written dimensions on drawings shall take precedence over dimensions scaled
from the drawings. All dimensions affecting materials or equipment with specific
tolerances shall be verified by the contractor and/or supplier in the field. Minimum
code required clear dimensions shall always be maintained.
5. All dimensions are to face of finish or centerline unless noted otherwise. Finishes at
exterior walls cannot encroach on building setbacks.
6. Subcontractors shall check with all equipment manufacturers to verify dimensions
and details prior to commencement of the work. Monufacturors specific
requirements shall always be maintained.
7. Subcontractors shall be responsible for initiating, maintaining and supervising all
safety precaution programs in connection with their work, and for maintaining
appropriate insurance to protect the subcontractor, architect and owner.
8. The architect will submit contract documents for "Plan Check" and make any
necessary corrections. The owner will pay for the building permit and attached
fees; charges, fees and assessments levied by public authorities for connection to
public utilities; and the cost of bonds required for insurance of the work related
construction.
9. Contractor shall erect and maintain temporary barricades and dust proof
partitions as needed for protection against accident, and to maintain adequate
protection of his work and the owner's property from damage or loss arising in
connection with any construction. All damage so occurring shall be repaired or
replaced by the responsible subcontractor at no cost to the architect or owner.
10. Contractor shall provide temporary toilet facilities at the job as necessary and
required by code.
11. Contractor shall slope all decks, patios and walks away from new and existing
structures and verify that all areas affected by construction are positively drained.
12. Exterior trim & plant -ons applied over stucco or framing shall be back primed.
13. Plywood and plywood products used as exterior covering on walls, soffits and in
other areas exposed directly to weather shall be exterior grade.
14. Provide min. 70" high hard, non-absorbent wall (Vitreous ceramic tile) adj. to
shower and above the drain inlet. All bathroom floors shall be over minimum 15#
felt underlayment. Provide shower specifications per the highest industry
standards. Where showers are flush with floor provide Schluter shower system for
waterproofing and drainage.
15. Water-resistant gypsum backing board shall be used as a base for the in water
closet compartment walls when installed in accordance with GA -216 or ASTM C
840 and manufacturer recommendations. Refer to CBC Sec. 2509.2
16. Plastered surfaces on walls, ceilings and soffits exposed to the weather shall have
exterior lath and plaster conforming to CBC Section 2507 and 2508 respectively,
unless exempted by Section 424. Interior plaster reinforced per Section 2507.1 may
be applied over gypsum lath on ceilings and soffits.
17. Studs in exterior walls of rooms with sloping ceilings shall extend from floor to roof
without intermediate plates unless plates are designed. Maximum allowable
height for: 2"x4" is 14 ft. and 2"x6" is 20 ft.
18. No part of the structure shall be overloaded beyond its safe carrying capacity by
the placing of materials, equipment, tools, machinery and any other items.
19. Fireblock stud walls and partitions including furred spaces at floors, ceilings and
soffits at maximum of 10 ff. o.c. horizontally and vertically.
20. Fireblocking shall be provided per CBC Sec. 717. 1. In concealed spaces of stud
walls and partitions, including furred spaces, at the ceiling and floor levels and at
10' intervals both vertical and horizontal. 2. At all interconnections between
concealed ver. and hor. spaces such as occur at soffits, drop ceiling and cove
ceilings. 3. In concealed spaces between stair stringers at the top and bottom of
the run and between studs along and in line with the run of stairs if the walls under
the stairs are unfinished. 4. In openings around vents, pipes, ducts, chimneys,
fireplaces and sim. openings which afford a passage for fire at ceiling and floor
levels, with non-combustible materials. 5. at openings between attic spaces and
chimney chases for factory -built chimneys. 6. Where wood sleepers are used for
laying wood flooring on masonry or concrete fire -resistive floors, there should be no
space which will exceed 100 sq.ft.
21. Provide access and ventilation in accordance with CBC Section 2317.7 and as
shown on the drawings to crawl spaces and plumbing confirming location with the
architect prior to construction.
22. Protect all finish floor surfaces from damage and equip mobile equipment with
pneumatic tires.
23. Plumbing subcontractor shall verify that all copper water supply lines are sized to
provide acceptable pressure and volume and shall connect waste lines to sewer
providing cleanouts and ventilation as required by the California Plumbing Code.
Cleanout to be located in inconspicuous locations and coordinate with architect
prior to installation.
24. All metal flashing, gutters and downspouts shall be constructed from min. 16 oz.
galvanized sheet metal or copper as noted on the drawings or greater as per
industry standards. Joints shall be lapped, joined and sealed so that they are
watertight in accordance with SMACNA standards and provide for positive water
flow.
25. All glass doors and windows shall be certified and labeled to show compliance
with air infiltration standards of the 1972 ANSI Al 34.1-4. All new glazing shall comply
with standards of the U.S. Consumer Product Safety Commission and
manufactures certificate of compliance shall be supplied to Owner. Final window
and glass product to be verified with Title 24 requirements prior to purchase.
26. Where windows are provided as a means of escape or rescue in all sleeping
rooms, they shall have a minimum clear width when fully open of 20", a min. clear
height when fully open of 24", a min. clear area when fully open of 5.7 sq. ft. and
a min. finished sill height of not more than 44" above finished floor.
27. Every exit door shall be openable from the inside without the use of a key or any
special knowledge or effort. Special locking devices shall be of an approved type
per Title 19 and CBC Chapter 10.
28. Provide safety glazing where required including but not limited to glass doors,
French doors, adjacent glazed panels and sidelights and all glazed panels and
windows within 18" of the floor or a door opening shall have tempered glass or
glass approved for impact hazard and as defined per CBC
29. All glazing in hazardous locations as defined in CBC Section 2406.4 shall be safety
glass, including:
a. swinging and sliding doors
9 g 9
b. glazing within 24" of doors and within 60" of walking surface
c. one or more walking surfaces within 36" horizontally of the glazing
30. All safety glazing shall conform to Part I of UBC Standard No. 24-2. Polished wire
glass complying with Part II of UBC Standard No. 24-2 may be used in fire
assemblies and in locations specified in UBC Section 2406.4 Items 6 and 7.
31. Safety glazing is required at wardrobe doors. Sec. 2406.3
32. Provide handrails not less than 34" nor more than 38" above the nosing of tread.
33. Provide an outside gas shutoff valve conspicuously marked per Title 19, Chapters
6-9 and the CBC.
34. Provide mechanical ventilation systems in all bathrooms with toilets, showers, and
toilet rooms w/o windows, to furnish a minimum (5) air changes per hour.
35. All posts plates and sleepers etc. bearing on or embedded in concrete or masonry
shall be pressure treated Douglas Fir.
36. Smoke detectors shall be provided in all sleeping rooms, hallways giving access to
sleeping rooms, and as required by the CBC.
37. Subcontractors shall provide a one year warranty for their portion of the work and
separate guarantee for specific equipment items. The builder shall supply the
owner maintenance informtion for all features, materials, components, and
manufactured devices that require routine maintenance for efficient operation.
Required routine maintenance actions shall be clearly stated on a readily
accessible label. Include names of local representatives to be contacted for
service.
38. Where specified items are called for in the construction documents, the
Contractor may submit alternate materials for approval by the Owner and the
Architect.
39. Owner will furnish electrical power and water from outlets designated by owner
without charge to the contractor for quantities used in the work. Characteristics of
electrical power furnished is limited to that existing and available, if power of other
characteristics or quantity is required subcontractor shall supply the power at no
extra charge to the owner.
40. Subcontractors supplying heating, cooling, water heating, and lighting systems
and conservation or solar devices installed in the building shall provide the owner
instructions on how to use equipment efficiently. Subcontractor shall provide future
allowance for solar panel installation, including conduit runs, etc. as would be
required.
41. Temporary ingress -egress, stockpiling materials, landscaping, drive approaches
and/or utility installation within public right of way requires an encroachment
permit from the associated property permits division.
42. Provide insulation at all interior walls, provide closed cell Insulation at all
floor/ceilings. Refer to T-24 for exterior wall and roof insulation requirements. At
non -vented ceilings (both pitched and flat) and attics provide closed cell spray
foam insulation.
43. A separate permit is required for each building or structure, i.e., fence walls,
retaining walls, outdoor or indoor swimming pools/spas, and elevators.
44. Anti -scalding shower and tub valves required. UPC Section 410.7.
45. There shall be a floor or landing on each side of a door. Landings shall be level
except for exterior landings, which are permitted to have a slope not to exceed
1/4:12 (2% slope). The landing at an exterior doorway shall not be more than 7.75"
below the top of the threshold, provided the door, other than an exterior storm or
screen door, does not swing over the landing, ly" maximum if the door does swing
over the landing.
46. Foundation walls enclosing a basement shall be dampproofed and or
waterproofed per CBC Section 1806
47. Provide min. 26 ga. galvanized weep screed with minimum 3 1/2" vertical
attachment flange at or below the foundation plate line and 4" min. above earth
or 2" min. above paved areas. Grade to slope away from building per code req.
48. Chimneys shall extend at least 2 feet higher than any portion of the building within
10 feet but shall not be less than 3 feet above the highest point where the chimney
passes through the roof.
49. Walls of fireboxes shall be 10" min. thick; 8" if lined with firebrick. Twelve (12) inch
clearance from fire box to combustible face.
51. Provide 4 - No. 4 rebor full height with #2 hoop ties at 18" o.c. with 2 - #2 at offsets.
Anchor chimney to building at each ceiling and floor line per UBC Section 2113.
52. All chimneys attached to any appliance or fireplace that burns solid fuel shall be
equipped with an approved spark arrestor. The spark arrestor shall meet all of the
requirements outlined by CBC 21 13.9.1.
53. Factory -built fireplaces, chimneys, and other components shall be listed and
installed in accordance with their listing and manufacturer instructions.
54. Exterior combustion air ducts shall be listed components of the fireplace, and
installed according to the fireplace manufacturer's instructions. (CBC 21 11.13.1)
55. Decorative shrouds shall not be installed at the termination of factory -built
chimneys except where such shrouds are listed and labeled for use with the
specific factory -built chimney system and are installed in accordance with the
manufacturer's installation instructions. (CMC 802.4.2.4)
56. Anchor veneer to studs with wall ties made of corrosion resistant, and if made of
sheet metal, shall have a minimum thickness of 0.030 inch (22 GA) by 3/4 inch or, if
of wire, shall have a minimum diameter of 0.148 inch (No. 9 B.W. gage). Wall ties
shall be spaced so as to support not more than 2 square feet of wall area but shall
not be more than 24 inches on center horizontally. inch or, if of wire, shall have a
minimum diameter of 0.148 inch (No. 9 B.W. gage). In seismic zones 3 and 4, wall
ties shall have a lip or hook on the extended leg that will engage or enclose a
horizontal joint reinforcement wire having a diameter of 0.148 inch (No. 9 B.W.
gage) or equivalent. The joint reinforcement shall be continuous with butt splices
between ties permitted. Per min CBC requirements.
With wood stud backing, a 2 -inch by 2 -inch (51 by 51 mm) 0.0625 -inch (1.59 mm)
zinc -coated or metalic coated wire mesh with two layers of water -resistive barrier
in accordance with Section 1404.2 shall be applied directly to wood studs spaced
a maximum of 16 inches (406 mm) o.c. On studs, the mesh shall be attached with
2 -inch -long (51 mm) corrosion -resistant steel wire furring nails at 4 inches (102 mm)
o.c. providing a minimum 1.125 -inch (29 mm) penetration into each stud and with
8d common nails at 8 inches (203 mm) o.c. into top and bottom plates or with
equivalent wire ties. There shall be not less than a 0.1055 -inch (2.68 mm)
zinc -coated or nonmetallic coated wire, or approved equal, attached to the stud
with a minimum of an 8d (0.120 in. diameter) annular threaded nail for every 2
square feet (0.2 m2) of stone veneer. This tie shall be a loop having legs not less
than 15 inches (381 mm) in length, so bent that it will lie in the stone veneer mortar
joint. The last 2 inches (51 mm) of each wire leg shall have a right-angle bend.
One -inch (25 mm) minimum thickness of cement grout shall be placed between
the backing and the stone veneer.
Slab -type veneer units not exceeding 2 inches (51 mm) in thickness shall be
anchored directly to masonry, concrete or stud construction. For veneer units of
marble, travertine, granite or other stone units of slab form ties of corrosion -resistant
dowels in drilled holes shall be located in the middle third of the edge of the units,
spaced a maximum of 24 inches (610 mm) apart around the periphery of each
unit with not less than four ties per veneer unit. Units shall not exceed 20 square feet
(1.9 m2) in area. If the dowels are not tight fitting, the holes shall be drilled not more
than 0.063 inch (1.6 mm) larger in diameter than the dowel, with the hole
countersunk to a diameter and depth equal to twice the diameter of the dowel in
order to provide a tight -fitting key of cement mortar at the dowel locations when
the mortar in the joint has set. Veneer ties shall be corrosion -resistant metal
capable of resisting, in tension or compression, a force equal to two times the
weight of the attached veneer. If made of sheet metal, veneer ties shall be not
smaller in area than 0.0336 by I inch (0.853 by 25 mm) or, if made of wire, not
smaller in diameter than 0.1483 -inch (3.76 mm) wire.
Provide bituthene behind and against plywood where mechanical attachments
will occur Fill penetrations w/ Rain Buster 900 by Top Industrial Inc.
57. No trenches or excavations 5' or more in depth into which a person is required to
descend, or, obtain necessary permit from the State of California Division of
Industry Safety.
58. Contractor shall provide pedestrian protection adjacent to the public way as
follows:
Dist. from struct. to Prop Line (SB) Protection
SB<5' Barrier and canopy
SB< (ht of struct/4) Barrier and canopy
(struct ht/2)>SB>(Struct ht/4) Barrier only
SB>(Struct ht/2) None
59. When required, fence and canopy to be constructed per CBC 3306.5, 3306.6 and
3306.7
60. Where pedestrian barrier is not required, provide construction fencing for new
construction. Fence height to be between 72" and 84" high.
61. Where single family dwellings and duplexes have not been checked for plumbing,
mechanical, and electrical code compliance, these disciplines are subject to field
inspection. Installation and equipment shall meet CBC, CPC, CMC, CEC code
requirements.
62. A licensed surveyor shall complete FEMA elevation certificate and submit it to the
Ri iariinn rlonnr+mon+ Inchon+nr Ai irinn final incnor-+inn
63. The contractor shall be responsible for all methods and means of construction. All
trades to follow industry standards, applicable codes and best practices.
Contractor to bring to architects attention necessary deviation or location of visible
control joints, expansion joint etc. prior to installation.
64. Contractor to verify and warrant waterproofing, following or exceeding industry
standards and best practices, including but not limited to flashing, conterflashing,
sill head and jamb conditions, gutters, roofing, roof to wall, wall terminations, doors
and windows, building skin, etc.
65. Provide shop drawings and submittals for all visible finish products.
66. Contractor to provide as built/record drawings depicting all deviations from
drawings and unseen conditions.
67. Contractor shall provide as -built drawings detailing actual locations of concealed
work before final inspection.
68. Obtain fire sprinkler permit prior to calling for roof sheathing inspection.
69. All stairways shall have an illumination level on tread runs of not less than 1 foot
candle (11 lux). CBC 1205.4
Security Notes
All exterior doors or glazing less than 16 ft. above the grade of any adjoining yard,
court, passageway, public way, walk, breezeway, patio, planter, porch, adjoining roof,
balcony,landing, stair tread, platform or similar area that is accessible by the public
shall comply with the following security requirements:
1. A single swinging door, active leaf of a pair of doors and the bottom leaf of Dutch
doors shall be equipped with a latch and deadbolt key operated from the outside
and operated from the inside by a device not prohibited by Sec. 1008 of the CBC.
Straight deadbolts shall have a minimum throw of 1" with a minimum 5/8"
embedment. Hook or expanding lug deadbolts shall have a minimum throw of
p 9 9
3/4". Bolts of locks which automatically activate two or more deadbolts shall
embed 1/2" minimum.
2. Exterior wood doors shall be minimum 1%" thick. Hardware must comply with
chapter 10 of the CBC.
3. Panels of wood doors shall be not less than %6' thick and not more than 300sq.
inches. Stiles and rails to be 1 %" thick and 3" minimum width.
4. Door hinge pins accessible from the outside shall be of the non -removable type.
5. Door stops of wood jambs on in -swinging doors shall be one piece construction
with jamb orjoined by rabbet.
6. Windows and door lites within 40" of the locking device of the door shall be fully
tempered.
7. Overhead and sliding garage doors shall be secured with a cylinder lock, padlock
with a hardened steel shackle, or equivalent when not otherwise locked by
electric power operation. Jamb locks shall be on both jambs for doors exceeding
9 ft. in width.
8. Sliding glass doors and sliding glass windows shall be resistant to forced entry.
9. All glazing where the lowest edge of the material is less than 18" above the
walking surface and the exposed glazing material exceeds 9 sq, ft. shall be
tempered and as required by the CBC.
10. The strike plate for latches and the holding devices for projecting deadbolts in
wood construction shall be secured to the jamb and the wall framing with screws
not less than 2 1/2" in length.
11. Cylinder guards shall be installed on all cylinder locks whenever the cylinder
projects beyond the face of the door or is otherwise accessible to gripping tools.
12. Sliding doors and windows shall be provided with a device in the upper channel
of the moving panel to prohibit raising and removing the moving panel in the
closed or partially open position.
National Pollutant Discharge (Elimination System)
1. Sediment from areas disturbed by construction shall be retained on site using
structural controls to the maximum extent practicable.
2. Stockpiles of soil shall be properly contained to minimize sediment transport from
the site to streets, drainage facilities or adjacent properties via runoff, vehicle
tracking, or wind.
3. Appropriate BMP's for construction -related materials, wastes, spills shall be
implemented to minimize transport from the site to streets, drainage facilities, or
adjoining properties by wind or runoff.
4. Runoff from equipment and vehicle washing shall be contained at construction
sites unless treated to reduce or remove sediment and other pollutants.
5. All construction contractor and subcontractor personnel are to be made aware of
the required best management practices and good housekeeping measures for
the project site and any associated construction staging areas.
6. At the end of each day of construction activity all construction debris and waste
materials shall be collected and properly disposed in trash or recycle bins.
7. Construction sites shall be maintained in such a condition that an anticipated
storm does not carry wastes or pollutants off the site. Discharge of material, other
than stormwater, only when necessary for performance and completion of
construction practices and where they do not: cause or contribute to a violation
of any water quality standard; cause or threaten to cause pollution,
contamination, or nuisance; or contain a hazardous substance in a quantity
reportable under Federal Regulations 40 CFR Parts 117 and 302.
8. Potential pollutants include but are not limited to: solid or liquid chemical spills;
wastes from paints, stains, sealants, glues, lime, pesticides, herbicides, wood
preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels,
oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers,
vehicle/equipment wash water and concrete wash water; concrete, detergent or
floatable wastes; wastes from any engine/equipment steam cleaning or chemical
degreasing and super chlorinated potable water line flushing.
9. During construction, permittee shall dispose of such materials in a specified and
controlled temporary area on-site, physically separated from potential stormwater
runoff, with ultimate disposal in accordance with local, state and federal
requirements.
10. Dewatering of contaminated groundwater, or discharging contaminated soils via
surface erosion is prohibited. Dewatering of non -contaminated groundwater
requires a National Pollutant Discharge Elimination System Permit from the
respective State Regional Water Quality Control Board.
11. Graded areas on the permitted area perimeter must drain away from the face of
slopes at the conclusion of each working day. Drainage is to be directed toward
desilting facilities.
12. The permittee and contractor shall be responsible and shall take necessary
precautions to prevent public trespass onto areas where impounded water
creates a hazardous condition.
13. The permittee and contractor shall inspect the erosion control work and insure that
the work is in accordance with the approved plans.
14. The permittee shall notify all general contractors, subcontractors, material
suppliers, lessees, and property owners: that dumping of chemicals into the storm
drain system or the watershed is prohibited.
15. Equipment and workers for emergency work shall be made available at all times
during the rainy season. Necessary materials shall be available on site and
stockpiled at convenient locations to facilitate rapid construction of temporary
devices when rain is imminent.
16 All removable erosion protective devices shall be in place at the end of each
working day when the 5 -Day Rain Probability Forecast exceeds 40%.
17. Sediments from areas disturbed by construction shall be retained on site using an
effective combination of erosion and sediment controls to the maximum extent
practicable, and stockpiles of soil shall be properly contained to minimize
sediment transport from the site to streets, drainage facilities of adjacent properties
via runoff, vehicle tracking, or wind.
18. Appropriate BMPs for construction -related materials, wastes, spills or residues shall
be implemented and retained on site to minimize transport from the site to streets,
drainage facilities, or adjoining property by wind or runoff.
Applicable Codes
This project shall comply with the following state codes and all local amendments:
• 2016 California Building Code (CBC)
• 2016 California Residential Code (CRC)
• 2016 California Electrical Code (CEC)
• 2016 California Mechanical Code (CMC)
• 2016 California Plumbing Code (CPC)
• 2016 California Fire Code (CFC)
• 2016 California Energy Efficiency Standards Code (EES)
• 2016 California Green Building Standards Code (CALGreen)
Architectural Abbreviations
ADJ
Adjacent
MAX
Maximum
AFF
Above Finished Floor
MECH
Mechanical
BD
Board
MEMB
Membrane
BETW
Between
MFR
Manufacturer
BLKG
Blocking
MIN
Minimum
BM
Beam
MTD
Mounted
CIP
Cast in Place
MTL
Metal
CJ
Control Joint
MOD
Module
CL
Centerline
MR GWB
Moisture Resistant
CLG
Ceiling
Gypsum Board
CLR
Clear
NFV
Net Free Vent. Area
COL
Column
NIC
Not in Contract
CONC
Concrete
NO
Number
CONST
Construction
(N)
New
CONT
Continuous
OC
On Center
CRG
Corrugated
OPNG
Opening
DBL
Double
OPP
Opposite
DIM
Dimension
PL
Property Line
DN
Down
PLT
Plate
DR
Door
PLY
Plywood
DTL
Detail
PT
Point
DWG
Drawing
PTD
Painted
EA
Each
RAD
Radius, Radii
ELEV.
Elevation
RD
Roof Drain
ELEC
Electrical
RE:
Refer To
EQ
Equal
RES
Resistant
EQUIP
Equipment
RESIL
Resilient
EXP
Expansion
REQ'D
Required
EXT
Exterior
RGD
Rigid
(E)
Existing
RM
Room
FC
Fire Extinguisher Cabinet
RO
Rough Opening
FFL
Finish Floor Level
ROD
Rolling Overhead Door
FLR
Floor
RWL
Rain Water Litter
FLUOR
Flourescent
SC
Solid Core
FIN
Finish
SCHED
Schedule
FO
Face Of
SECT
Section
FOS
Face of Stud
SHT
Sheet
FOW
Face of Wall
SIM
Similar
FD
Floor Drain
SKID. GD.
Skid Guard
GA
Guage
ST. STL.
Stainless Steel
GALV
Galvanized
STRUCT
Structural
GR
Grade
SUSP
Suspended
GWB
Gypsum Board
THK
Thick
GYP BD
Gypsum Board
THRU
Through
HC
Hollow Core
T.O.
Top Of
HD
Hot Dipped
TYP
Typical
HM
Hollow Metal
UNO
Unless Noted Otherwise
HR
Hour
VEN
Veneer
HT
Height
VER
Verify
INS
Insulation
VES
Vestibule
INT
Interior
W/
With
JT
Joint
WD
Wood
LEV
Level
WP
Waterproof
LT
Light
WR
Water Resistant
OC
Location
WRB
Water Resistant Barrier
WT
Weight
Architectural Symbols
Direction of View
Cut Plane
A.400 sheet Number
j Section Number
1 Detail Number
A.70�Sheet Number
Direction of View
Cut Plane
� Direction of View
A.300 Sheet Number
j Elevation Number
Detail Area
VSheet Number
Detail Number
L- -\;
Direction of View
I /A.600 Sheet Number
Elevation Number
ROOM NAME
100
101
B
0
ACZD
El
O
Building Section i.e. Drawing 1,
Sheet A.400
Detail Section i.e. Drawing 1,
Sheet A.700
Elevation i.e. Drawing 1,
Sheet A.300
Large Scale Detail i.e. Drawing 1,
Sheet A.402
Interior Elevation i.e. Drawing 1 A,
Sheet A.600
Room Number
Door Symbol RE: Door Schedule
Sheet A.002
Window Symbol RE: Window Schedule
Sheet A.002
Revision
Keynote
Wall type
Floor Drain
Hose Bib
Gas
Batt Insulation
Concrete
Plywood
One Hour Wall
Stud Wall
Stone, Tile, or Brick Veneer
Vicinity Map
0
Huntington m
Beach
Costa
Mesa.
Project Location
N
W T E
S
Project Data
Project Address:
Legal Description:
Assessors Parcel Number:
Project Description:
del Mar
Scale. 1• - 4 Miles
Mission
. Viejo
Emerald
Laguna Laguna
Beach Niguel
3732 East Coast Highway
Newport Beach, CA 92625
Lot 4, Block W, Tract 323
459-221-19
Interior remodel of existing restaurant space
Owner.
Design Professional in Scott Laidlaw - Laidlaw Schultz Architects
Responsible Charge: 3111 Second Ave Corona del Mar, CA 92625
Phone 949.645.9982 FAX 949.645.9554
E-mail: SlaidlowQLSorchitects.com
Zone: CC (0.75)
Occupancy/Construction: A-2, M, R-2 / Type V -B
Fire Sprinklers: (E) Yes (V.I.F.)
Number of Stories: 2
Allowable Building Height: 40'-0"
Actual Building Height: (E) 21'-6"
Lot Area: 4,874.89 sf
Project Scope Area: 1317.62 gross sf
Square Footage / Occupant Load
Kitchen (200/gross) 650.56 sf 4 occ.
Walk-in Cooler (300/gross) 90.93 sf 1 occ.
Service Area (300/gross) 209.99 sf 1 occ.
Interior Net Public Area (15/net) 599.86 sf 40 occ.
Total 46 occ.
Exterior Net Public Area (15/net) 150.00 sf 10 occ.
Number of Seats
Indoor: 28 seats
Outdoor: 8 seats
Accessible Seating: 2 req. / 4 provided
Total: 40
Floor Area Ratio:
Parking:
19[:7iL�LTER7M
Outdoor Ne
Public Area
4738.7 gsf / 4874.89 sf = 0.97 > 0.75
(legal non -conforming)
Required: 1:40sf/net public area = 599.86/40 = 15
Provided: Re: Draft Parking Management Plan
List of Drawings
Architectural
A.001
General Notes
A.100
Site Plan and Parking Diagram
A.200
Floor Plans
A.201
Floor Plan Area Calculation
A.300
Exterior Elevations
A.301
Exterior Elevations
SCOPE
i1 0
IS
Attachment No. 7 - Project Plans
LS rchitects
LAIDLAW SCHULTZ
rROJEcr
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
General Notes
DA'T'E ISSUE/REVISION REVIEW
08.04.17 Planning App. SDL
09.18.17 Planning Re -Submit SDL
/USED ARC
v U T ,A
y C-21061 £
tP� June -2019 Q
EWAL
9�F OF NC ACS
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3111 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
I�
PA2017-162
(E) Planter
Accessible
(N) 36' higY
(N) Exterior
(E) Planter
1 Site Plan
(E) Trash Enclosure 19.56 sf
(E) Apartment above
(E) Deck above
(E) Sump pump
(E) Water fountain to remain
(N) 45.10 sf temp
recycling space
(E) Stair to residential
(E) Residential water heaters
(E) ADA Accessible Restrooms
(E) Site wall
(E) Apartment above
(E) Deck above
Scale: 1/8" = F-0"
Attachment No. 7 - Project Plans
LSa rch itects
LAIDLAW SCHULTZ
PROJEcr
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
Site Plan
DATE
ISSUE/REVISION
REVIEW
08.04.17
Planning
App.
SDL
09.18.17
Planning
Re -Submit
SDL
SD ARC
D. y\
GF' Q�4 L q �� ,FC'
u � -s
y C-21061 s
N9TF OF eC2Ao�\�o� Q
RENEWAL
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3111 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
INN
PA2017-162
C5 a
O O
U�
0
Ui
Floor Plan
No.I Type I Size (wxh) I Frame I Core/
Glazing
Notes
Notes
001A A 3'-0" x 3'-0" Stl - - Exterior gate w/ panic hardware
101A B 3'-0" x 7-0" V.I.F. Mtl - Cooler door- salvage existing if condition acceptable to owner
OA Mtl. Gate O Cooler door
_--__- Demo existing
(E) Wall to remain
New wall
Coolerwall
(E) To remain
FAExit path
3 1 Door Schedule 1 2 1 Legend
I
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i
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I
i
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I
i
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45.10 sf of
temporary
recycling storage
I
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LU
J
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I
I
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1
I
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I
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Scale: 1/4'' = 1'-0"
Attachment No. 7 - Project Plans
LSa rch itects
LAIDLAW SCHULTZ
PROJECT
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
Floor Plans
DATE ISSUE/REVISION REVIEW
08.04.17 Planning App. SDL
09.18.17 Planning Re -Submit SDL
/SEo ARc
v�vO�S D. LAI0 T�0
H C-21061 s
Ute June -2019 �Q
RENEWAL
\For
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3171 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
PA2017-162
2'-6" 2'-10" 21'-1" 9'-9" 9'-4" 10" 9'-5" 17'-3"
2 I Floor Plan
I
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1
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I
I
I
I
I
1
I
I
I
I
I
I
Interior Net Public Area
0AIRIEii
Total 650.56 sf
Scale: 1/4"= 1'-0" 1 2 1 Area
Attachment No. 7 - Project Plans
LS a rch itects
LAIDLAW SCHULTZ
PROJECT
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
Floor Plans
DATE ISSUE/REVISION REVIEW
09.18.17 Planning Re -Submit SDL
SED ARO
LAID /%(�0
v -t
H C-21061 £
U1 June -2019 Q
RENEWAL
OF' CAO�o
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3171 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
I'm
2 6.30 sf
3 49.78 sf
4 426.40 sf
I
5 95.67 sf
1
Total 599.86 sf
Exterior Net Public Area
1
6 100.00 sf
7 50.00 sf
I
Total 150.00 sf
Service Area
1
I
8 97.50 sf
9 89.84 sf
10 13.10 sf
11 9.55 sf
I
Total 209.99 sf
1
Walk-in Cooler
I
12 83.22 sf
13 7.71 sf
I
1
Total 90.93 sf
Kitchen
I
14 41.33 sf
15 13.00 sf
16 5.83 sf
17 164.18 sf
18 426.22 sf
Total 650.56 sf
Scale: 1/4"= 1'-0" 1 2 1 Area
Attachment No. 7 - Project Plans
LS a rch itects
LAIDLAW SCHULTZ
PROJECT
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
Floor Plans
DATE ISSUE/REVISION REVIEW
09.18.17 Planning Re -Submit SDL
SED ARO
LAID /%(�0
v -t
H C-21061 £
U1 June -2019 Q
RENEWAL
OF' CAO�o
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3171 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
I'm
PA2017-162
(E) Roof Equip. Screen
(E) Residential Screen
(E) Exterior Finish to Remain.
Typ. All Exterior Walls
(N) 364 Planter Box
(E) Planter
2 1 West Elevation Scale: l/4"=1'-0"
T.O. (E) Roof _
Elev. +21.50'
T.O. (E) Parapet
Elev.
T.O. (E) Roof
Elev. +1 1.00'
T.O. (E) Slab
Elev. +00.00'
1 I Courtyard Elevation
(E) Wall Sconce
(E) Roof Equip. Screen
(E) Residential Screen
(N) +36" Planter Box
(E) Wall Sconce
(E) Wall Sconce
(E) Fountain
(N) Mtl. Gate
(E) Planter
Scale: 1/4" = 1'-0"
Attachment No. 7 - Project Plans
LS,Farchitects
LAIDLAW SCHULTZ
PROJEcr
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
Exterior Elevations
DATE ISSUE/REVISION REVIEW
08.04.17 Planning App. SDL
09.18.17 Planning Re -Submit SDL
/USED
ARCh'
v GC y CA
C-21061
N9T�OFCAO F�
e��
-2019
RENEWAL
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3111 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
PA2017-162
(E) Guardrail
(E) Residential Screen
(E) Roof Equip. Screen
0.L
.(E) Roof _
Elev. +21.50'
Parapet _
Elev. +14.50'
T.O. (Ei Roof _
Elev. +11.00'
I
I
I
I
I
I
I
i I
I I I
I it I
I
� i I
I I
-
� I
I � I (E) Planter
----------------
(E)
- ------- --
(E) Trash Service Location
(E) Trash access
(E) Pit beyond
4 West Elevation Scale: l/4"=1'-0"
T.O. (E) Roof _
Elev. +21.50'
it fr it / it
T.O. (E) Parapet _
Elev. +14.50'
(E) Guardrail
!LEI Roof _
Elev. +1 1.00'
(E) Trash Service Location
T.O. (E) Alley _
Elev. +04.50'
r J
7- -J
r_J
J
I
I r—J
I
I r_J
Elev. +00.00'
(E) Water Cooler Enclosure
3T -Southern Elevation Scale: 1/4'= 1'-0"
Attachment No. 7 - Project Plans
LSa rch itects
LAIDLAW SCHULTZ
vroJEcr
3732 East Coast Highway
Newport Beach, 92625
DRAWING DESCRIPTION
Exterior Elevations
DATE ISSUE/REVISION REVIEW
08.04.17 Planning App. SDL
SD ARC
D. D
Gov o�4 Lq
u _A
y C-21061 s
N9TF OF eC2Ao\�o� Q
RENEWAL
SHEET NO.
All drawings and written material appearing
herein constitute original and unpublished
work of the architect and may not be
duplicated, used or disclosed without the
written consent of Laidlaw Schultz Architects.
3111 Second Avenue
Corona del Mar, CA 92625-2322
(949)645-9982 Fax: (949) 645-9554
www.LSarchitects.com
07