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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). 1 9 Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 2 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 • .1 • • \1 b - •♦ '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 3 Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 3 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 0 Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 4 (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. 5 Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 5 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. N Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 6 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. 7 Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 7 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. I Mama D's Restaurant Corona del Mar Planning Commission, December 7, 2017 Page 8 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 11 12 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 13 Planning Commission Resolution No. 2074 Paqe 2 of 14 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. 07-11-17 Planning Commission Resolution No. 2074 Paqe 3 of 14 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 07-11-17 15 Planning Commission Resolution No. 2074 Paqe 4 of 14 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: 0-11-17 10 Planning Commission Resolution No. 2074 Paqe 5 of 14 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. 07-11-17 17 Planning Commission Resolution No. 2074 Page 6 of 14 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. 07-11-17 12 Planning Commission Resolution No. 2074 Paqe 7 of 14 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 22 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 23 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 24 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 N H We co L ~ co Q D W H � J VLUW i 00 u� Q Q W Q Z LAJ �Q a W u Z �O 0 N ti m • ap %•oo • n a m N d N C G N u r n N m co J V C moo•��� Q U N a b b • m a n a m N d N C G N u r n N m co J V C moo•��� Q U N a a °c b In m of K Q 2' Q K Q 1' Z 15a 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 I I I I I I i I I i I I i I I i I I i I I i I I i 45.10 sf of temporary recycling storage I I I I LU J J I I I I 1 I I I I I I I I I I I I I 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 I I 1 I I I 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