HomeMy WebLinkAbout07_Sessions Sandwiches Patio Expansion CDP and MUP_PA2018-241CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
: May 16, 2019
Agenda Item No. 7
SUBJECT: Sessions Sandwiches Patio Expansion (PA2018-241)
• Coastal Development Permit No. CD2018-094
• Minor Use Permit No. UP2018-022
SITE LOCATION: 2823 Newport Boulevard
APPLICANT: Sessions Sandwiches Newport Beach, LLC.
OWNER: Michelle Wagner
PLANNER: David Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Coastal Land Use Category: Visitor Serving Commercial (CV -A) (0.0 — 0.75 FAR)
• Coastal Zoning District: Commercial Visitor -Serving (CV)
• General Plan: Visitor Serving Commercial (CV)
• Zoning District: Commercial Visitor -Serving (CV)
PROJECT SUMMARY
The applicant proposes to add a 130-square-foot outdoor dining area to an existing eating
and drinking establishment (restaurant). The existing restaurant currently operates with a
Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) Alcoholic Beverage
Control (ABC) License and has hours of operation between 6:00 a.m. and 9:00 p.m., daily.
No other operational changes are requested or proposed.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. — approving Coastal Development
Permit No. CD2018-094 and Minor Use Permit No. UP2018-022 (Attachment No. ZA
1).
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DISCUSSION
Minor Use Permit
• The subject property is located on the Balboa Peninsula at the intersection of 29t"
Street and Newport Boulevard. Surrounding uses include retail and office to the
north, south, and east, and a municipal parking lot with residential units beyond to
the west.
• The property is developed with a 4,426-square-foot, two-story, two -tenant building
and related 11-space parking lot. Sessions Sandwiches occupies the tenant space
on the eastern half of the property. An existing dry cleaner will continue to occupy
the adjoining ground floor tenant space on the western half of the property. Of the
11 spaces provided, one space has inadvertently been striped out, resulting in the
appearance of 10 spaces provided on -site.
• The property is designated Visitor Serving Commercial (CV) by the General Plan
and zoned Commercial Visitor -Serving (CV). The CV land use category is intended
to provide for accommodations, goods, and services intended to primarily serve
visitors to the City of Newport Beach. The existing restaurant is a commercial use
intended to service the neighborhood, surrounding community, and visitors to the
City of Newport Beach. The proposed outdoor dining area is an ancillary use to the
existing restaurant which will provide additional seating for patrons and is
consistent with this land use category.
• The proposed location of the 130-square-foot outdoor dining area is in an existing
parking space in the southeastern corner of the parking lot that is currently striped
out, resulting in 10 on -site parking spaces remaining.
• The restaurant operates under an existing minor use permit (UP2014-050), which
was approved on March 5, 2015, to add a Type 41 (On -Sale Beer and Wine)
Alcoholic Beverage Control (ABC) License and reduce the hours of operation to the
existing restaurant. Prior to this use permit, operation of the restaurant with 523
square feet of net public area (N.P.A.) was authorized by a minor use permit
(UP2013-012), which was approved on September 12, 2013. The addition of an
outdoor dining area will not affect compliance with conditions established by the
existing minor use permit.
• As established by the restaurant's original use permit (UP2013-012), the parking for
the restaurant is considered legal nonconforming due to parking because 11 parking
spaces are provided on -site, whereas, based on a parking ratio for the previous retail
use of one space per 250 gross square feet (sq. ft.), a total of 14 parking spaces
(3,307 sq. ft./250 = 13.2) were required. Pursuant to Newport Beach Municipal Code
(NBMC) Chapter 20.38.060 (Nonconforming Parking), a nonconforming use in a
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nonresidential zoning district may be changed to a new use allowed in that zoning
district without providing additional parking, provided no intensification or
enlargement (e.g. increase in floor area) occurs. The restaurant was approved with
a parking rate of one space per 40 square feet of N.P.A. With this ratio, 14 spaces
(523 sq. ft. of N.P.A./40 = 13.1) would also be required on -site; therefore, the use
was found not to intensify the parking requirement above what was required for the
previous retail use.
The existing commercial center consists of the subject restaurant and a dry cleaning
facility. The dry cleaning facility, which was authorized by a use permit (UP3431) on
October 24, 1991, has a parking rate of one space per 250 square feet of gross floor
area. With this ratio, 9.4 spaces are required. Combined with the required restaurant
parking (13.1), 23 total spaces (9.4 + 13.1 = 22.5) would be required on -site. Since
11 spaces are currently provided, the site has a parking deficit of 12 parking spaces
and is considered legal nonconforming.
• Pursuant to Sections 20.40.040 and 21.40.040 (Off -Street Parking Spaces
Required) of the Municipal Code, parking required for restaurant uses may range
from a rate of one space per 30 square feet to one space per 50 square feet of
interior N.P.A. based on physical and operational characteristics of the proposed
establishment. No additional parking is required for outdoor patio areas that are
less than 25 percent on the interior N.P.A.
• Staff has re-evaluated the required parking for the restaurant and concluded that
a parking rate of one space per 44 square feet of N.P.A. is appropriate in this case
based on a parking study prepared by LSA dated March 22, 2019 (Attachment No.
ZA 3) and the following location and operational characteristics of the proposed
use:
1) There is no live entertainment or dancing and no presence of pool tables
and other attractions;
2) The proposed 130-square-foot outdoor patio is less than 25 percent of the
interior N.P.A.;
3) Due to the restaurant's location on the Balboa Peninsula, which consists
of higher density residential and close proximity to the beach, a higher
percentage of customers are expected to walk or bike to the restaurant. As
observed by the parking study, more than 25 percent of observed
customers arrived by a travel mode not requiring a parking space; and
4) The observed parking demand revealed that during peak hours, there
were still vacant parking spaces in the parking lot to accommodate the
restaurant and the dry cleaner customers.
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• With a required parking rate of one space per 44 square feet of N.P.A., the total
parking required between the restaurant and dry cleaners is 22 spaces (9.4 + 11.9
= 21.3). Since 10 spaces are proposed, the parking lot would remain deficient by
12 parking spaces. The addition of the outdoor dining area would not intensify the
nonconforming parking lot.
• The parking study observed that some customers parked within the six on -street
metered spaces located immediately adjacent to the building along each side of
Newport Boulevard for convenience; however, when taking into account the peak
parking demand based on all areas where customers were observed parking
(including the metered spaces), a total demand of nine parking spaces is observed.
This observed peak parking demand of nine spaces can be accommodated by the
10 parking spaces remaining after construction of the proposed outdoor dining
area and no impacts related to parking are anticipated.
• The restaurant will continue to adhere to the existing hours of operation between
6:00 a.m. and 9:00 p.m., daily, consistent with the hours of other similar
establishments and uses in the commercial area. The restaurant, including the
proposed outdoor dining area, is required to comply with the City's noise ordinance
and no outside paging system or outside amplified music is allowed.
• The Police Department has reviewed the request, including the ability to serve
alcohol on the patio, and has no objections to the project as the use has not been a
burden on police resources (Attachment No. ZA 4). The operational conditions of
approval relative to the sale of alcoholic beverages will ensure compatibility with
the surrounding uses and minimize alcohol -related impacts. 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.
Coastal Development Permit
• The subject property is located within the Coastal Zone. Pursuant to Section
21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table 21.20-1) of the
Implementation Plan, eating and drinking establishments located in the CV Coastal
Zoning District that are classified as Food Service, No Late Hours, are allowed
uses. The Minor Use Permit is for a property within a developed neighborhood that
is approximately 580 feet from the nearest bulkhead and is not near any natural
landforms or environmentally sensitive areas.
• The project site is not located between the nearest public road and the sea or
shoreline and approval of the Minor Use Permit will not affect public recreation,
access or views. The subject property is located a large distance from the public
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beach (+800 feet) or harbor (+600 feet) and is not located near a public viewpoint
designed by the Coastal Land Use Plan. As stated in the parking study, the 10 on -
site parking spaces is adequate to accommodate the total observed peak parking
demand of 9 spaces, and no impacts to the availability of public parking is
expected.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA Guidelines
— Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing
buildings where there is negligible or no expansion of use. Sessions Sandwiches is an
existing restaurant. The proposed project involves the addition of a 130-square-foot
outdoor dining area in conjunction with the existing restaurant.
PUBLIC NOTICE
Notice of this application 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 hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
David S. Lee, Assistant Planner
JM/dl
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
Draft Resolution
Vicinity Map
LSA Parking Study
Police Department Memorandum
Project Plans
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Attachment No. ZA 1
Draft Resolution
0
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINSTRATOR OF THE CITY
OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO.
UP2018-022 AND COASTAL DEVELOPMENT PERMIT CD2018-
094 TO ADD AN OUTDOOR DINING AREA TO AN EXISTING
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 2823 NEWPORT BOULEVARD (PA2018-241)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sessions Sandwiches Newport Beach, LLC, with respect to
property located at 2823 Newport Boulevard, and legally described as Lots 18, 19, 20, and
21 of subdivision of Block 227, Section "A" Newport Beach, as shown on a map recorded
in Book 4 and Page 26 of Miscellaneous Maps, Records of Orange County requesting
approval of a minor use permit and coastal development permit.
2. The applicant proposes to add a 130-square-foot outdoor dining area to an existing
eating and drinking establishment (restaurant). The existing restaurant currently
operates with a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place)
Alcoholic Beverage Control (ABC) License and has hours of operation between 6:00
a.m. and 9:00 p.m., daily. No other operational changes are requested or proposed.
3. The subject property is located within the Commercial Visitor -Serving (CV) Zoning District
and the General Plan Land Use Element category is Visitor Serving Commercial (CV).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor Serving Commercial (CV -A) (0.0 — 0.75 FAR).
5. A public hearing was held on May 16, 2019, in the Corona del Mar Conference Room (Bay
E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. Sessions Sandwiches is an existing restaurant. The
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proposed project involves the addition of a 130-square-foot outdoor dining area in
conjunction with the existing restaurant.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a minor use permit
are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
The General Plan Land Use Element designates the site as Visitor Serving Commercial
(CV) which is intended to provide for accommodations, goods, and services to primarily
serve visitors to the City of Newport Beach.
2. The existing restaurant includes alcohol sales and service to the restaurant and is
consistent with the CV designation as it is intended to provide service not only to visitors,
but also to residents within the immediate neighborhood and surrounding area. The
proposed outdoor dining area will remain consistent with the General Plan designation,
as it will provide additional outdoor seating for the restaurant.
3. Restaurants are common within the vicinity and are complementary to the surrounding
commercial uses along the Newport Boulevard business corridor.
4. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
The zoning designation for the subject property is Commercial Visitor -Serving (CV)
which is intended to provide for areas appropriate for accommodations, goods, and
services intended to serve primarily visitors to the City. Pursuant to Zoning Code Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), food
service, eating and drinking establishments with alcohol service and no late hours (after
11:00 p.m.) are permitted subject to the approval of a minor use permit.
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2. The restaurant operates under an existing minor use permit (UP2014-050), which was
approved on March 5, 2015, to add a Type 41 (On -Sale Beer and Wine) Alcoholic
Beverage Control (ABC) License and reduce the hours of operation to the existing
restaurant. Prior to this use permit, operation of the restaurant with 523 square feet of net
public area (N.P.A) was authorized by a minor use permit (UP2013-012), which was
approved on September 12, 2013. The addition of an outdoor dining area will not affect
compliance with conditions established by the existing minor use permit. All applicable
conditions of approval have been incorporated herein.
3. As established by the restaurant's original use permit (UP2013-012), the parking for the
restaurant is considered legal nonconforming due to parking because 11 parking spaces
are provided on -site, whereas, based on a parking ratio for the previous retail use of one
space per 250 gross square feet (sq. ft.), a total of 14 parking spaces (3,307 sq. ft./250 =
13.2) were required. Pursuant to NBMC Chapter 20.38.060 (Nonconforming Parking), a
nonconforming use in a nonresidential zoning district may be changed to a new use
allowed in that zoning district without providing additional parking, provided no
intensification or enlargement (e.g. increase in floor area) occurs. The restaurant was
approved with a parking rate of one space per 40 square feet of N.P.A.. With this ratio, 14
spaces (523 sq. ft. of N.P.A./40 = 13.1) would also be required on -site; therefore, the use
was found not to intensify the parking requirement above what was required for the
previous retail use.
4. The existing commercial center consists of the subject restaurant and a dry cleaning
facility. The dry cleaning facility, which was authorized by a use permit (UP3431) on
October 24, 1991, has a parking rate of one space per 250 square feet of gross floor area.
With this ratio, 9.4 spaces are required. Combined with the required restaurant parking
(13.1), 23 total spaces (9.4 + 13.1 = 22.5) would be required on -site. Since 11 spaces are
currently provided, the site has a parking deficit of 12 parking spaces and is considered
legal nonconforming.
5. The proposed location of the 130-square-foot outdoor dining area is in an existing parking
space in the southeastern corner of the parking lot. Pursuant to Sections 20.40.040 and
21.40.040 (Off -Street Parking Spaces Required) of the Municipal Code, parking required
for restaurant uses may range from a rate of one space per 30 square feet to one space
per 50 square feet of interior N.P.A. based on physical and operational characteristics
of the proposed establishment. No additional parking is required for outdoor patio areas
that are less than 25 percent on the interior N.P.A. Staff has re-evaluated the required
parking for the restaurant and concluded that a parking rate of one space per 44 square
feet of N.P.A. is appropriate in this case based on a parking study prepared by LSA
dated March 22, 2019 and the following location and operational characteristics of the
proposed use:
1) There is no live entertainment or dancing and no presence of pool tables and
other attractions;
2) The proposed 130-square-foot outdoor patio is less than 25 percent of the
interior N.P.A.;
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3) Due to the restaurant's location on the Balboa Peninsula, which consists of a
higher density residential and close proximity to the beach, a higher percentage
of customers are expected to walk or bike to the restaurant. As observed by the
parking study, more than 25 percent of observed customers arrived by a travel
mode not requiring a parking space; and
4) The observed parking demand revealed that during peak hours, there were
still vacant parking spaces in the parking lot to accommodate the restaurant and
the dry cleaner customers.
6. With a required parking rate of one space per 44 square feet of N.P.A., the total parking
required between the restaurant and dry cleaners is 22 spaces (9.4 + 11.9 = 21.3). Since
10 spaces are proposed, the parking lot would remain deficient by 12 parking spaces.
The addition of the outdoor dining area would not intensify the nonconforming parking
situation.
7. The parking study observed that some customers parked within the six on -street
metered spaces located immediately adjacent to the building along each side of Newport
Boulevard for convenience; however, when taking into account the peak parking
demand based on all areas where customers were observed parking (including the
metered spaces), a total demand of nine parking spaces is observed. This observed
peak parking demand of nine spaces can be accommodated by the 10 parking spaces
remaining after construction of the proposed outdoor dining area and no impacts related
to parking are anticipated.
8. The use will remain a restaurant and, as conditioned, the project will continue to comply
with Zoning Code standards for eating and drinking establishments.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The surrounding area contains various, retail, business office and visitor serving
commercial uses including restaurants that serve alcoholic beverages. The proposed
addition of the outdoor dining area provides additional seating for restaurant patrons and
would be consistent with the existing and permitted nonresidential uses within the area.
2. The restaurant will continue to adhere to the existing hours of operation between 6:00
a.m. and 9:00 p.m., daily, consistent with the hours of other similar establishments and
uses in the commercial area.
3. The operational conditions of approval relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize alcohol -related impacts.
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The project has been conditioned to ensure that the business remains a restaurant and
does not become a bar, club, or tavern.
4. The restaurant, including the proposed outdoor dining area, is required to comply with
the City's noise ordinance and no outside paging system or outside amplified music is
allowed.
5. The Police Department has reviewed the request, including the ability to serve alcohol on
the patio, and has no objections to the project as the use has not been a burden on police
resources. The operational conditions of approval relative to the sale of alcoholic
beverages will ensure compatibility with the surrounding uses and minimize alcohol -
related impacts. 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.
Finding:
D. 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:
The restaurant is currently operating, and the tenant space was previously reviewed and
permitted.
2. Prior to occupancy, the tenant space and subject property were reviewed to ensure
adequate public and emergency vehicle access, public services, and utilities were
provided for on -site. The tenant improvement plans were reviewed for compliance with
applicable building and fire codes.
3. The proposed outdoor dining area has been reviewed by the Public Works department
to ensure that the patio structure provides a sufficient site distance triangle and does not
interfere with motorists traveling on Newport Boulevard.
Finding:
E. 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, and safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
The project has been reviewed and includes conditions of approval that ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
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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 during adjacent properties during business
hours, if directly related to the patrons of the establishment.
2. The Police Department believes that with the conditions of approval, the proposed
project will not have a negative impact on the community and police services.
3. Compliance with the Municipal Code standards related to noise, lighting and other
performance standards will help ensure that the proposed use will be compatible with
the surrounding area.
4. The restaurant will serve the surrounding community. The additional outdoor dining area
will provide patrons with additional seating options and is not uncommon in
establishments of this type. Additionally, the outdoor dining area will provide an
economic opportunity for the property owner to maintain a successful business that is
compatible with the surrounding community.
5. The applicant is required to comply with the requirements of the California Department
of Alcoholic Beverage Control to ensure the safety and welfare of customers and
employees within the establishment. All owners, managers, and employees selling or
serving alcohol will be required to complete a certified training program in responsible
methods and skills for selling alcoholic beverages.
Coastal Development Permit
The Zoning Administrator determined in this case that the Minor Use Permit is consistent with
the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code and approves the Coastal Development Permit based on the following
findings per Section 21.52.015.F of Title 21:
Finding:
F. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Minor Use Permit is for the addition of an outdoor dining area for an existing
restaurant and meets all of the requirements of the Local Coastal Program.
2. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments located in the
CV Coastal Zoning District that are classified as Food Service, No Late Hours, are
allowed uses.
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3. The on -site parking provided for the commercial building is legal, nonconforming. Staff
has re-evaluated the required parking and determined that the loss of one parking space
for the addition of the outdoor dining area does not intensify the nonconforming parking
for the site.
4. The Minor Use Permit is for a property within a developed neighborhood that is
approximately 600 feet from the nearest bulkhead and is not near any natural landforms
or environmentally sensitive areas.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone. The subject property is located a large
distance from a public beach (+800 feet) or harbor (+600 feet) and is not located near a
public viewpoint designated by the Coastal Land Use Plan. As stated in the parking
study, the 10 on -site parking spaces is adequate to accommodate the total observed
peak parking demand of 9 spaces and no impacts to the availability of public parking is
expected.
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NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2018-022 and Coastal Development Permit No. CD2018-094, subject to the
conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference.
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 Community Development
Director in accordance with the provisions of Title 20 (Planning and Zoning), of the
Newport Beach Municipal Code.
3. This resolution supersedes Planning Commission Resolution No. 1971, which upon
vesting of the rights authorized by this Minor Use Permit, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF MAY, 2019.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Applicable Conditions required by Minor Use Permit No. UP2014-050, Resolution No. 1971,
have been incorporated into the conditions herein)
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. This Minor Use Permit may be modified or revoked by the Zoning Administrator should
they determine that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
3. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, may require an amendment to this Minor Use
Permit or the processing of a new use permit.
4. Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094
shall expire unless exercised within 24 months from the date of approval as specified in
Section 20. 54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code,
unless an extension is otherwise granted.
5. 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.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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 Minor
Use Permit.
8. Live entertainment and dancing shall be prohibited at the premises.
9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
10. Interior net public area shall be limited to 523 square feet. Exterior net public area shall
be limited to 130 square feet.
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11. The hours of operation for the food service use are limited to between 6:00 a.m. and
9:00 p.m., daily.
12. No outside paging system or amplified music shall be utilized in conjunction with this
establishment.
13. The applicant shall receive necessary approval from the California Department of
Alcoholic Beverage Control to serve alcohol in the outdoor dining area.
14. The applicant shall take reasonable steps to ensure that noise created by music and or
video in the interior of the establishment does not impact surrounding residential land
uses.
15. 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.
16. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure, or otherwise screened from view of neighboring properties, except when
placed for pick -up by refuse collection agencies.
17. A gate shall be installed to enclose the existing trash enclosure and shall be locked
when not in use.
18. The walls of the existing trash enclosure shall be increased in height so no portion of
the trash dumpster is visible from the public right-of-way.
19. The trash dumpster within the trash enclosure shall be covered with a solid lid.
20. 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).
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. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Minor Use Permit.
23. 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.
07-22-2014
10
Zoning Administrator Resolution No. ZA2019-###
Paqe 11 of 13
24. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code regulations or any sign program applicable to the
property.
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 Sessions Sandwiches Patio Expansion including, but not limited to, Minor Use
Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094 (PA2018-
241). 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.
BUILDING AND FIRE DEPARTMENT
26. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City -adopted
version of the California Building Code. The facility shall be designed to meet exiting
and fire protection requirements as specified by the California Building Code and shall
be subject to review and approval by the Building Division.
27. The construction plans must meet all applicable State Disability Access requirements.
28. Approval from the Orange County Health Department is required prior to the issuance
of a building permit.
29. All exits shall remain free of obstructions and available for ingress and egress at all
times.
30. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are
not allowed on Sundays or Holidays.
REVENUE DIVISION
31. A valid business license from the City of Newport Beach with a seller's permit shall be
required prior to start of business. Any contractors/subcontractors doing work at the
07-22-2014
17
Zoning Administrator Resolution No. ZA2019-###
Paqe 12 of 13
subject site shall be required to obtain a valid business license from the City of Newport
Beach prior to the commencement of any work on the subject site.
PUBLIC WORKS DEPARTMENT
32. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
33. The applicant shall reconstruct the existing broken and/or otherwise damaged concrete
sidewalk panels, curb and gutter along the Newport Boulevard frontages.
34. An encroachment permit is required for all work activities within the public right-of-way.
35. All improvements shall comply with the City's sight distance requirement, pursuant to
City Standard 110-L and Municipal Code Section 20.30.130.
36. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way may be
required at the discretion of the Public Works Inspector.
37. All on -site drainage shall comply with the latest City Water Quality requirements.
38. The existing water meter servicing the project site shall be protected with a reduced
pressure backflow assembly and shall be sized to match the water meter.
39. The bicycle parking located at the westerly side of the property shall be positioned to
ensure that the bicycle rack and bicycles do not encroach into the public right-of-way.
40. No persons shall be permitted to stand at the outside of the outdoor dining area.
41. The proposed raised planter shall be located entirely on private property and shall be
limited to a maximum height of 24-inches.
42. Planting within the raised planter shall be limited to a maximum of 24 inches above
adjacent public sidewalk grade.
POLICE DEPARTMENT
43. The approval of Minor Use Permit No. UP2018-022 does not permit Sessions
Sandwiches to operate as a bar, tavern, cocktail lounge or nightclub as defined by the
Municipal Code, unless the Planning Commission first approves a use permit.
44. Food service from the regular menu shall be available to patrons up to thirty (30) minutes
before the scheduled closing time.
45. Alcoholic beverages shall only be served and consumed inside the subject
establishment.
07-22-2014
12
Zoning Administrator Resolution No. ZA2019-###
Paqe 13 of 13
46. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.
47. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
48. 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.
49. The quarterly gross sales of alcoholic beverages shall not exceed 30 percent of 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.
50. 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.
51. Strict adherence to maximum occupancy limits is required.
52. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner's, manager's, and employee's successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
53. The use of pitchers or other large volume serving devices shall be prohibited.
54. Alcoholic beverages shall be sold with food, and not sold separately.
55. The applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage Control License. Material violation of any of those laws or
conditions in connection with the use is a violation and may be cause for revocation of
the Minor Use Permit.
07-22-2014
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
V4
Coastal Development Permit No. CD2018-094
Minor Use Permit No. UP2018-022
PA2018-241
2823 Newport Boulevard
::,1
Attachment No. ZA 3
LSA Parking Study
22
LSA
MEMORANDUM
DATE: March 22, 2019
To: Matt Meddock
FROM: Ken Wilhelm
SUBJECT: Sessions West Coast Deli Parking Assessment
CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
LSA is pleased to submit this assessment of parking availability for the Sessions West Coast Deli at
2823 Newport Boulevard in Newport Beach, California. In September 2013, the City of Newport
Beach (City) approved the 3,307-square-foot (sf) restaurant with 523 sf of public seating area.
Newport Beach Municipal Code (NBMC) Section 20.40.040 and Section 20.40.60 establish a parking
rate for food service of 1 space per 30 sf to 1 space per 50 sf of net public area, including outdoor
dining areas exceeding 25 percent of the interior net public area or 1,000 sf, whichever is less. At the
time of approval, Sessions West Coast Deli did not have an outdoor dining area and the City
determined that a parking rate of 1 space per 40 sf of public seating area was appropriate based in
part on bicycle parking and walk-up traffic. Using this parking rate, the restaurant required 14
parking spaces (523 sf =1 space per 40 sf = 13.1 spaces).
The restaurant was considered legal nonconforming due to parking because 10 parking spaces are
provided on site. Because the previous land use also required 14 parking spaces, no intensification
or enlargement was proposed, and the change in land use was consistent with NBMC Section
20.38.060. At this time, Sessions West Coast Deli is proposing the addition of an outdoor dining area
of 130 sf, which does not exceed 25 percent of the interior net public area or 1,000 sf. Per NBMC
Section 20.40.040, an outdoor dining area of this size does not require additional parking. The
outdoor dining area would occupy an area that was never striped for parking, but is sometimes used
as a parking space. At the completion of the project, the site would still have 10 parking spaces. This
parking analysis seeks to determine: (1) the parking rate based on empirical data on site, and (2)
whether the parking demand could be accommodated with the parking supply.
Parking Supply
Figure 1 (attached) depicts the existing parking lot. The lot provides 10 striped parking spaces, of
which 1 is designated a handicap -accessible space and 2 (nearest the cleaners) are signed as
suggesting use only by customers of the cleaners. In addition to these off-street spaces, metered on -
street parking spaces are located immediately adjacent to the building along Newport Boulevard.
The 6 metered parking spaces are limited to 30 minutes of parking, which is sufficient for deli
customers.
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.isa.net
23
LSA
Customer Travel Mode
LSA contracted with an independent data collection company to observe customer arrivals and note
whether the mode of travel was by automobile, bicycle, or walking. Observations were made on
Thursday, March 8, 2018, and Saturday, March 10, 2018, between 7:00 a.m. and 9:00 p.m. Rain
occurred on Saturday, March 10, 2018, so replacement Saturday parking data were collected on
February 16, 2019. Table A displays a summary of the collected travel mode data. It should be noted
that rain occurring on the first surveyed Saturday reduced the number of customers arriving by
bicycle and walking. Overall, on the two typical days surveyed, 28 percent of observed customers
arrived by a travel mode not requiring a parking space (26 percent on the weekday and 29 percent
on the weekend).
Table A: Customer Travel Mode
Thursday, March 8, 2018
Saturday, February 16, 2019
Total
Drove Car
61
77
138
Percent
74%
71%
72%
Bicycle or Skateboard
6
21
27
Percent
7%
19%
14%
Walk
14
11
25
Percent
17%
10%
13%
Rideshare(Uber or
Lyft)
1
0
1
Percent
2%
0%
1%
Total Observed
82
209
191
Parking Demand and Parking Rate
At the same time that customer arrival modes were being collected, the independent data collection
company was recording parking demand within the off-street parking lot and the adjacent on -street
metered parking spaces. This parking accumulation data is attached and also summarized in Table B.
On Thursday (March 8, 2018), a maximum of 6 of the 10 off-street parking spaces were occupied.
This occurred at 12:30 p.m. and again at 3:00 p.m. Despite the available spaces in the parking lot,
some customers chose to park in the on -street spaces. Within the metered parking spaces, a
maximum of 2 of the 6 spaces were occupied at any time. Additionally, despite the available spaces
in the parking lot and on the street, some customers were observed parking in an adjacent parking
lot. (These customers appeared to be picking up take-out orders.) Table B accounts for all of these
customers when calculating peak parking demand. On Thursday, the overall peak parking demand
occurred around 12:00 p.m., when a total of 9 vehicles were parked.
On Saturday (February 16, 2019), a maximum of 7 of the 10 off-street parking spaces were occupied.
This occurred at 3:30 p.m. Again, a maximum of 2 of the 6 metered spaces were occupied at any
time, despite on -site parking spaces being available. On Saturday, the overall peak parking demand
occurred around 3:30 p.m. and 6:30 p.m., when a total of 8 vehicles were parked for the deli in all
parking areas.
3/22/19(P:\SWC1801\Parking Study3.doa) 2
24
LSA
On both the surveyed Thursday and the surveyed Saturday, it appeared from the parking data and
observations that deli customers were parked in cleaners parking spaces after 6:30 p.m., but not
during cleaners business hours. On the surveyed weekday, deli vehicles were observed in the
adjacent parking lot during the lunch period. The vehicles parked in these spaces were included in
the off-street parking totals in Table B.
Table B: Observed Parking Demand
Thursday, March 8, 2018
Saturday, February 16, 2019
Time
Off -Street
(IOSpaces)
Metered
(6Spaces)
Adjacent
Lot
Total
Off -Street
(10 Spaces)
Metered
(6 Spaces)
Adjacent
Lot
Total
7:00 a.m.
1
1
0
2
2
0
0
2
7:30 a.m.
1
0
0
1
2
0
0
2
8:00 a.m.
2
0
0
2
5
0
0
5
8:30 a.m.
2
0
0
2
4
0
0
4
9:00 a.m.
4
1
0
5
4
0
0
4
9:30 a.m.
1
0
0
1
6
0
0
6
10:00 a.m.
1
0
0
1
4
0
0
4
10:30 a.m.
4
2
0
6
3
1
0
4
11:00 a.m.
5
2
0
7
4
0
0
4
11:30 a.m.
5
0
0
5
6
0
0
6
12:00 p.m.
5
2
2
5
0
0
5
12:30 p.m.
6
1
1
8
3
0
0
3
1:00 P.M.
4
1
0
5
3
0
0
3
1:30 p.m.
3
1
1
5
4
1
0
5
2:00 p.m.
4
0
1
5
4
1
0
5
2:30 p.m.
4
1
0
5
4
1
0
5
3:00 p.m.
6
1
0
7
4
0
0
4
3:30 p.m.
5
1
0
6
7
1
0
4:00 p.m.
2
0
0
2
5
2
0
7
4:30 p.m.
2
0
0
2
4
0
0
4
5:00 p.m.
2
1
0
3
3
0
0
3
5:30 p.m.
2
0
0
2
4
2
0
6
6:00 p.m.
3
2
0
5
4
1
0
5
6:30 p.m.
4
1
0
5
6
2
0
7:00 p.m.
3
2
0
5
5
1
1
7
7:30 p.m.
2
2
0
4
4
0
1
5
8:00 P.M.
2
1
0
3
4
0
0
4
8:30 p.m.
1
0
0
1
4
0
0
4
9:00 P.M.
0
0
0
0
4
0
0
4
The observed parking demand revealed that a maximum of 9 vehicles were parked for Sessions
West Coast Deli at any time. The 10 parking spaces remaining after the proposed construction of an
outdoor dining area would be able to accommodate this parking demand. The 6 adjacent metered
spaces would also be available in the event of additional parking demand.
Based on the weekday and weekend parking demand observed for this study, the 523 sf of public
area appears to generate parking demand at a rate of 1 space per 58 sf (523 sf= 9 parking spaces =
3/22/19 (P:\SW C1801\Parking Study3.doa) 3
25
LSA
58 sf per parking space). This observed parking data appear to support adjusting the parking rate
from the previously anticipated 1 space per 40 sf of public area.
Conclusion
Sessions West Coast Deli was originally approved with 10 parking spaces and a parking rate of
1 space per 40 sf of public area. Empirical data collected during a weekday and a weekend showed
that about 28 percent (the average of both days) of the restaurant customers arrive by a travel
mode that does not require a parking space. The peak parking demand in all of the areas where
customers could park was observed to be 9 parking spaces, which is a rate of 1 space per 58 sf of
public area. The observed peak parking demand could be accommodated by the 10 parking spaces
remaining after construction of the proposed outdoor dining area.
Attachments: Figure 1: Existing Parking
Parking Data
3/22/19 (P:\SW C1801\Parking Study3.doa) 4
20
L SA LEGEND FIGURE 1
On -Street Parking Area
1
0 17.5 35
FEET
SOURCE: GooRle Earth, 2018
Sessions West Coast Deli
Existing Parking
I:\SWC1801\G\Exizting_Parking.cdr(3/26/2018)
Prepared by National Data & Surveying Services
Parking Study Study
Location: 18-1044
City: Newport Beach, CA
Day: Thursday
Date: 3/8/2018
Space Type
Parking Lot
Parking VIP
Reg Cleaners only HC Striped Space
5B Newport Blvd.
Metered
NB Newport BLvd.
Metered
Adjacent Lot
Total
Occupancy
Percentage
Spaces
7
2
1
1
3
3
0
17
7:00 AM
0
1
0
0
0
1
0
2
11.8%
7:30 AM
0
1
0
0
0
0
0
1
5.9%
8:00 AM 1
0
1
0
1 1
0 1
0 1
0 1
2
1 11.8%
8:30 AM
1
1
0
0
0
0
0
2
11.8%
9:00 AM
2
2
0
0
0
1
0
5
29.4%
9:30 AM
0
1
0
0
0
0
0
1
5.9%
10:00 AM
1
0
0
1
0
0
0
2
11.8%
10:30 AM
2
2
0
0
1
1
0
6
35.3%
11:00 AM
3
1
0
1
0
2
0
7
41.2%
11:30 AM
4
1
0
0
0
0
0
5
29.4%
12:00 PM
4
0
0
1
2
0
2
9
52.9%
12:30 PM
5
1
0
0
1
0
1
8
47.1%
1:00 PM
4
0
0
0
0
1
0
5
29.4%
1:30 PM
1
1
0
1
1
0
1
5
29.4%
2:00 PM
3
0
0
1
0
0
1
5
29.4%
2:30 PM
3
0
0
1
0
1
0
5
29.4%
3:00 PM
4
1
0
1
0
1
0
7
41.2%
3:30 PM
4
0
0
1
0
1
0
6
35.3%
4:00 PM
2
0
0
0
0
0
0
2
11.8%
4:30 PM
2
0
0
0
0
0
0
2
11.8%
5:00 PM
2
0
0
0
0
1
0
3
17.6%
5:30 PM
2
0
0
0
0
0
0
2
11.8%
6:00 PM
3
0
0
0
0
2
0
5
29.4%
6:30 PM
4
0
0
0
0
1
0
5
29.4%
7:00 PM
3
0
0
0
0
2
0
5
29.4%
7:30 PM
1
1
0
0
0
2
0
4
23.5%
8:00 PM
2
0
0
0
0
1
0
3
17.6%
8:30 PM
1
0
0
0
0
0
0
1
5.9%
9:00 PM
0
0
0
0
0
0
0
0
0.0%
Notes:
22
Prepared by National Data & Surveying Services
Parking Study
Location: 2823 Newport Beach Blvd
City: Newport Beach, CA
Date: 02/16/2019
Day: Saturday
Restriction
Off Street
Reg HC Parking VIP Stripped
Cleaners only space
On Street
SB Newport Blvd NB Newport BLvd
Adjacent Lot
Total
Occupancy
Percentage
Spaces
7
1
2
1
3
3
0
17
7:00 AM
2
0
0
0
1
0
0
3
18%
7:30 AM
2
0
0
0
0
0
0
2
12%
8:00 AM
4
0
1
0
0
0
0
5
29%
8:30 AM
4
0
0
0
0
0
0
4
24%
9:00 AM
4
0
0
0
0
0
0
4
24%
9:30 AM
6
0
0
0
0
0
0
6
35%
10:00 AM
4
0
0
0
0
0
0
4
24%
10:30 AM
3
0
0
0
0
0
0
3
18%
11:00 AM
3
0
1
0
0
0
0
4
24%
11:30 AM
4
0
1
1
0
0
0
6
35%
22:00 PM
3
0
1
1
0
1
0
6
35%
12:30 PM
2
0
0
1
0
1
0
4
24%
1:00 PM
2
0
0
1
0
0
0
3
18%
1:30 PM
2
1
0
1
1
0
0
5
29%
2:00 PM
4
0
0
0
0
0
0
4
24%
2:30 PM
4
0
0
0
0
1
0
5
29%
3:00 PM
4
0
0
0
0
0
0
4
24%
3:30 PM
7
0
0
0
1
0
0
8
47%
4:00 PM
5
0
0
0
1
1
0
7
41%
4:30 PM
4
0
0
0
0
3
0
7
41%
500 PM
3
0
0
0
0
2
0
5
29%
5:30 PM
4
0
0
0
0
2
0
6
35%
6:00 PM
4
0
0
0
1
2
0
7
41%
6:30 PM
5
0
1
0
0
2
0
8
47%
7:00 PM
4
0
1
0
0
3
1
9
53%
7:30 PM
4
0
0
0
0
1
1
6
35%
8:00 PM
4
0
0
0
0
3
0
7
41%
8:30 PM
4
0
0
0
0
3
0
7
41%
9:00 PM
4
0
0
0
0
3
0
7
41%
�9
Observation Study
L«atmn: 18.IOU
City: Newport Beach, CA
OBSERVATIONS IFOR SESSIONS DELI CUSTOMERS ONLY)
®ARRIVED
MODE!
[I AN. PARKBD'lN ZOIJE I I DID NOT ARRIVE DRIVING
Piakin, Let
__TRAVEL
_t.
Day: Thursday
Date: 3/8/2018
OTHER OBSERVATIONS
TIME
Arrived
IN N:MM)
PAIRIOINLOTantlweMto...
CLEANERS OTHER (effete)
]:13 AM
%
2'22 AM
X
9 he AM
%
e']s AM
e'IS AM
X
e'I9 AM
X
8:2e AM
%
e S2 AM
. Se AM
X
9'23 AM
%
9:24 AM
%
9'39 AM
%
10:24 AM
%
10'.22 AM
%
0'. sB AM
%
Or U AM
%
11:21 AM
%
11'2B AM
%
1145 AM
%
12:11 PM
%
12'23 PM
%
1252 PM
%
1:16 PM
%
122 PM
%
1:41 PM
%
I:Q PM
%
3:OO PM
%
02 PM
%
3:16 PM
%
4:02 PM
%
0e PM
%
4:15 PM
%
4:21 PM
%
A PM
%
5:01 PM
%
02 PM
6:01 1PM
%
30
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]:53 AM
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32
Attachment No. ZA 4
Police Department Memorandum
32
NEWPORT BEACH POLICE DEPARTMENT
' DETECTIVE DIVISION
a: y
MEMORANDUM
TO: David Lee, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 1, 2019
SUBJECT: Sessions Sandwiches Patio Expansion
2823 Newport Blvd.
PA2018-241
At your request, the Police Department has reviewed the project application for Sessions
Sandwiches located at 2823 Newport Blvd., Newport Beach. Per the project description, the
applicant is seeking a Minor Use Permit to add outdoor dining to their establishment.
Statistical Data and Public Convenience or Necessity
Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime
Analyst, Kristi Kondo, which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant's current place of business at
2823 Newport Blvd.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to create statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 20t1 Street to 371" Street along the Newport Beach Peninsula.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both
felonies and misdemeanors (except traffic citations) to ABC. These figures make up the "Crime
Count" which is indicated on the attached statistical data form.
This reporting district is reported to ABC as a high crime area as compared to other reporting
districts in the City. The RD's Crime Count is 706, which ranks 1 st in the City at 408% over the
City-wide crime count average of 134. Since this area has a 20% greater number of reported
crimes than the average number of reported crimes as determined from all crime reporting
districts within the City, the area is found to have undue concentration. In comparison,
neighboring RD 13 is 94% above the City-wide average, RD 16 is 53% higher, and RD 25 is
52% higher.
The highest volume crime is assault and the highest volume arrest is drunkeness.
SS
Sessions Sandwiches
PA2018-241
This location meets the legal criteria for undue concentration as it relates to crime. (B&P
§23958A).
Alcohol License Statistics:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 5,726 residents with 90 active alcohol licenses. That is a per capita
ratio of 1 alcohol license for every 64 residents. Per the Business and Professions code, we
compare this per capita ratio to Orange County's per capita ratio of 1 license for every 467
residents. Since the area's ratio exceeds the ratio of on -sale retail licenses to population in the
county, the area is deemed to have an undue concentration of alcohol licenses.
This location meets the legal criteria for undue concentration as it relates to over saturation of
alcohol licenses (B&P §23958.4).
Dispatch Events:
There were 4 dispatch events for Sessions Sandwiches in 2018. None of these events were
related to the business operation.
Discussion and Recommendations
The above crime and alcohol license statistics are provided for reference when considering an
expansion to the applicant's licensed drinking area. The Police Department has no objections to
this project as the business is not a burden on police resources.
RECOMMENDED CONDITIONS OF APPROVAL
The Police Department requests the following changes to the permit conditions.
Delete current condition 51 regarding alcohol training and replace with the below updated
language:
All owners, managers and employees selling alcoholic beverages shall undergo and successfully
complete a certified training program in responsible methods and skills for selling alcoholic
beverages within 60 days of hire. This training must be updated every 3 years regardless of
certificate expiration date. The certified program must meet the standards of the
certifyingAicensing body designated by the State of California. The establishment shall comply
with the requirements of this section within 60 days of approval. Records of each owner's
manager's and employee's successful completion of the required certified training program shall
be maintained on the premises and shall be presented upon request by a representative of the
City of Newport Beach.
ii
Sessions Sandwiches
PA2018-241
Add the following condition:
The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in connection
with the use is a violation and may be cause for revocation of the use permit.
Delete current condition 44:
Alcoholic beverages shall only be served and consumed inside the subject establishment.
If you have any questions as to thecontent of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
dy
Investigator, Special Investigations Unit
Randy Parker
Detective Sergeant, Special Investigations Unit
35
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Attachment No. ZA 5
Project Plans
37
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PA2018-241
SESSIONS
SANDWICHES
2823 NEWPORT
BOULEVARD, NEWPORT
BEACH, CA, 92663
GENERAL NOTES
SYMBOLS
PROJECT TEAM
SHEET INDEX
OWNER/TENANT: SESSIONS SANDWICHES BUILDING OWNER: CRAIG BATLEY
A01 TITLE SHEET
1. All work, including materials and workmanship, shall conform to the requirements of local codes, laws, and ordinances
\Q
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Section Number
ATTN: MATT MEDDOCK 2901 NEWPORT BLVD.
All SITE PLAN
2
p�
2823 NEWPORT BLVD. NEWPORT BEACH, CA 92663
Al2 AREA CALCULATIONS
and as specified by all by all governing authorities where applicable. Reference is to the latest accepted edition or
A9
Sheet Number
NEWPORT BEACH, CA 92663 p. 855.675.4630
revision. In the event of conflict with code requirements, that code requirement or note which establishes the higher
Low wall - refer t0
714.457.9747
A21 FLOOR PLANS
standard shall take precedence.
spot elevation
matt@sessionswcd.com MEP: PAUL KANDARIAN
A31 ELEVATIONS
SOUTHLAND ENERGY
2. The intention of the Contract Documents is to include all labor and materials, equipment, and transportation
Detail Number
ARCHITECT: CHRIS MEDDOCK 1491 GLENNEYRE STREET
necessary for the complete and proper execution of the work.
Dt
Sheet Number
MEDDOCK ARCHITECT LAGUNA BEACH, CA 92651
42 SEABIRD CT. p. 949.497.3591
3. The Contractor shall visit the job site prior to bidding any portion of the work. The Contractor shall verify all dimensions
NEWPORT BEACH, CA 92662BTRUCTURAL: DR. SAUM K. NOUR
and existing conditions prior to beginning work, including but not limited to existing interior walls and roof structures.
1
Sheet Number
949.510.4059 ABS
ABS
ABSOLUTE CONSULTING
Should any condition arise where the intent of the drawings is in doubt or where there is a discrepancy between the
Chris craft10.40 homes.com BIRCH STREET
Contract Documents and the field conditions, or within the Contract Documents, the Contractor shall notify the Architect
immediately for clarification. Acceptance of these contract documents releases Architect from any liability of inaccurate
4 2
Interior Elevation
NEWPORT BEACH. CA 92651
portray of existing conditions whatsoever as established by consulting engineers and/or surveyors.
3�/
Number
p. 949.852.8700
PROJECT SUMMARY
4. Dimensions are from face of studs or to center of wall as indicated on drawings, unless noted otherwise.
AO Door symbol - see door schedule
5. Written dimensions take precedence. Do not scale drawings. Walls not dimensioned are to align with existing walls or
be abutted or applied to existing walls per drawings. Doors not dimensioned and shown jamb tight shall be set 3" from
O
Window symbol - see window schedule
GROSS FLOOR AREA L1: 1,499 SQ. FT APN: 047-110-28
perpendicular wall to outer edge of door jamb.
GROSS FLOOR AREA L2: 589 SQ. FT, NUMBER OF STORIES ABOVE GRADE: 2
Keynote symbol - see keynotes
GROSS FLOOR AREA TOTAL: 2,088 SQ.FT. NUMBER OF STORIES BELOW GRADE: 0
6. Reference to any detail or drawing is for convenience only and does not limit the application of such details or
EXISTING PARKING: 11 SPACES BUILDING HEIGHTABOVE GRADE: 19'-6"
drawings.
pla-1
Color/material symbol - see color/fin. list
PROPOSED PARKING: 10 SPACES BUILDING SPRINKLERED: NO
NUMBER OF SEATS:
7. The design, adequacy and safety of erection bracing, shoring, temporary supports, etc., is the sole responsibility of
8'-0"
O
Ceiling s
g height symbol
EXISTING INTERIOR: 30 CODE ANALYSIS
the Contractor. The Contractor shall be responsible for the stability of the structure and provide necessary bracing prior
PROPOSED INTERIOR: 30 ZONE: CV
to the application of all shear walls, roof and floor diaphragms, and finish materials. The Contractor shall be responsible
PROPOSED EXTERIOR: 9 CODE: 2016 CBC, 2016 CPC, 2016 CMC, 2016 CEC, 2016 CFC, 2015
for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.
AA
Equipment symbol - see equipment list
NUMBER OF EMPLOYEES: 10 (4 MAX AT ONE CALIFORNIA ENERGY CODE, 2015 CGBC, CITY OF NEWPORT EACH
TIME) CODES AND ORDINANCES
8. The Structural, Mechanical, Plumbing, and Electrical Drawings, as well as the drawings of other consultants, are
A❑
Plumbing fixtures symbol per schedule
HOURS OF OPERATION: 7AM TO 9PM CONSTRUCTION TYPE: VB
supplementary to the Architectural Drawings. It shall be the responsibility of the General Contractor to check with the
USE: FOOD SERVICE PROPOSED OCCUPANCY GROUP: B PER CBC 2016 303.1.1
Architectural Drawings before the installation of work shown on the drawings of consultants. The Contractor shall bring
0
Plumbing accessories symbol per schedule
any discrepancy between the Architectural Drawings and the drawings of the consulting engineers to the attention of the
CITY NOTES
Architect for clarification. Any work installed in conflict with the Architectural drawings and not brought to the Architect's
2 X Stud Wall
attention shall be corrected by the Contractor at the Contractor's expense and at no expense to the Owner or Architect.
Concrete Block wall
COPIES OF NOTIFICATION TO AIR QUALITY MANAGEMENT DISTRICT (AQMD) SHALL BE
9. Prior to performance of work, the Contractor shall require each subcontractor to notify the
Contractor of any work called out in the drawings for his trade that cannot be fully guaranteed.
PROVIDED TO BUILDING AND SAFETY PRIOR TO THE REMOVAL OF ANY ASBESTOS
CONTAINING MATERIAL, PER AQMD RULE 1403.
10. Contractor shall verify the location and size of all openings with all drawings and manufactured items where
ABBREVIATIONS
HEALTH DEPARTMENT NOTES
VICINITY MAP
applicable.
11. The Contractor shall supervise and direct the Work and be solely responsible for all construction, means, methods,
techniques, sequences, and procedures, safety and for coordinating all portions of the Work.
A.B. ANCHOR BOLT
FLR FLOOR
R.R. ROOF RAFTER
ABV ABOVE
FT FOOT
R.S. ROUGH SAWN
Prior to commencement of any construction, alteration or installation of any equipment, make sure your plans are approved by all
12. The Contractor here -in agrees to repair or replace any or all work, together with any other adjacent work which may
applicable agencies.
be displaced in connection with such replacement, that may prove to be defective in workmanship or materials within a
A.C. ASPHALTCONCRETE
FTG. FOOTING
RA RETURNAIR
period of one year form the date of acceptance, ordinary wear and unusual abuse or neglect excepted.
P y P ry g P
A.F.F. ABOVE FINISH FLOOR
GA GAUGE
RED REQUIRED
Any changes to approved Health Department plans must be brought to your Plan Checkers attention.
o (�
AL ALUMINUM
GALV GALVINIZED
RI RISER
13. Contractor shall protect all existing structures, landscaping, materials, etc., during construction. Contractor shall
P 9 p 9, 9
ALT ALTERNATE
GAR GARAGE
RM ROOM
All construction and equipment installation is subject to on -site inspections. During the course of construction you are advised to call
patch and repair all surfaces disrupted or damaged during construction to match existing adjacent surfaces.
APPROXIMATE
GFF GARAGE FINISH FLOOR
R.O.W. RIGHTOF WAYaces.
if you should have any questions.
ARCH ARCHITECTURAL
G.F.I. GROUND FAULT INTERRUPTOR
S STAINLESS
14. The Contractor shall on a daily basis keep the premises free form all accumulations of waste material or rubbish
BD BOARD
G.C R F... GLASS FIBER REINFORCED CEMENT
S SOLID CORE C
..
Prior to calling fora final inspection and issuance of your Public Health Permit, Building department as well as any other applicable
- -
caused by his employees, subcontractors, or work, and at the completion of the work shall remove all rubbish, debris,
BLW BELOW
G.I. GALVINIZED IRON
$CH. SCHEDULE
local authorities must have given final approvals regarding construction completion.
�
equipment, and surplus materials from in and about the building and leave the premises "broom clean".
BET BETWEEN
GLS GLASS
SECT. SECTION
n
BLDG BUILDING
GR GRANITE
SH SHELF
Final inspections and approvals are required prior to beginning the operation of new food facilities, remodeled food facilities, or prior
15. Any deviation from the Construction Documents or specifications by the Contractor or Owner without the Architect's
BM BEAM
GIRD GRADE
SHTG SHEATHING
to utilizing any remodeled areas within existing food facilities. The inspector requires THREE (3) WORKING DAYS PRIOR NOTICE
approval releases the Architect of responsibility and liability In connection with all work so involved.
Pp P tY Y
BOT BOTTOM
GYP. BD. GYPSUM BOARD
SHWR SHOWER
TO ARRANGE FOR A FINAL INSPECTION.
PROJECT
BYN BEYOND
H.M, HOLLOW METAL
SIM SIMULAR
ffi SITE
16. Clarifications on and/or inconsistencies with the drawings and specifications shall be brought to the attention of the
BW BOTH WAYS
H.C. HOLLOW CORE
SPEC SPECIFICATIONS
WARNING
_
Architect by the Contractor prior to commencement of work. Additional charges will not be granted based on claims of
C.J. CEILING JOISTS
HC HANDICAPPED
SQ SQUARE
IT IS A MISDEMEANOR VIOLATION TO BEGIN OPERATING WITHOUT A FINAL INSPECTION AND OBTAINING A VALID
incomplete, inaccurate, or inconsistent drawings and specifications.
C.M.U. CONCRETE MASONRY UNITS
HD HIGH DENSITY, HOLD DOWN
ST STREET
PUBLIC HEALTH PERMIT. PLEASE NOTE: IF YOU OPEN FOR BUSINESS PRIOR TO OBTAINING A PUBLIC HEALTH PERMIT,
C.O. CLEAR OPENING
How HARDWARE
STD STANDARD
YOU WILL BE SUBJECT TO CLOSURE AND POSSIBLE FURTHER LEGAL ACTION.
17. Prior to any excavation, a meeting will be held on site that will be attended by the project engineer, geologist, project
CAB CABINET
CLG CEILING
HR HOUR
STL STEEL
building inspector, general and shoring contractors.
HT HEIGHT
STN STONE
Pursuant to the California Retail Food Code, Section 114380, (a) A person proposing to build or remodel a food facility shall submit
CEM CEMENT
HRT. HEATER
STUC STUCCO
complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan
N
18. A CAL OSHA permit is required where excavations exceed 5ft and a copy of the permit shall be supplied to the city
CER CERAMIC
I.D. INSIDE DIAMETER
STRUCT STRUCTURAL
approval before starting any new construction or remodeling of any facility for use as a retail food facility. (b) Plans and specifications
prior tissuing a building permit.
CLR CLEAR
IN INCH
SYM SYMMETRICAL
may also be required by the enforcement agency if the agency determines that they are necessary to assure compliance with the
COL COLUMN
INS. INSULATION
T&B TOPAND BOTTOM
requirements of this part, including, but not limited to, a menu change or change in the facility's method of operation.
19. The requirements of the 2010 edition of the California Building Code (Title 24) have been taken in consideration.
CONC CONCRETE
INT. INTERIOR
T&G TOUNGEANDGROOVE
CONN CONNECTION
JAN. JANITOR
T TREAD, TEMPERED GLASS
NOTE: A public health permit will not be issued to a portion of a food facility for the purpose of being subleased, rented or
N.T.S.
20. When signs identify permanent rooms and spaces of a building or site, they shall comply with CBC 1117B.5.2
CONST CONSTURUCTION
JT. JOINT
TC TOP OF CONCRETE/CURB/CHIMNEY
shared unless the portion will meet all the requirements of a permanent food facility.
through 1117B.5.7
CONT CONTINUOUS
KIT. KITCHEN
TD TOP OF DECK
REVISIONS
CONTR CONTRACTOR
L. LENGTH
TP TOP OF PLATE
All facilities are subject to construction inspections, and routine, random inspections thereafter, by the Health Department. These
D DEPTH
LAV. LAVATORY
TT TOP OFTRELLIS
inspections are intended to protect the health of the public as well as the well-being of the operator by ensuring that food facilities are
21. No new mechanical equipment on roof. Existing equipment is not visible at any point.
D.F. DRINKING FOUNTAIN, DOUGLAS FIR M.C. MEDICINE CHEST TR TOP OF ROOF
operated in a clean and sanitary manner with all utensils and equipment being maintained operational and in good repair. CRFC -
D.S. DOWNSPOUT
M.O. MASONRYOPENING
TRAIL TOP OF HANDRAIL
114390
DB. DOUBLE
MAs. MASONRY
TW TOP OF WALL
DET DETAIL
MAX. MAXIMUM
TEL TELEPHONE
OCCUPANT LOAD/ SPACE AREAS
SCOPE OF WORK
DIM DIAMETER MECH. MECHANICAL THK THICK
DIM DIMENSION MED. MEDIUM TYP TYPICAL
DN DOWN
MFG. MANUFACTURER
U.N.O. UNLESS NOTED OTHERWISE
DR DOOR
MIN. MINIMUM
UR URINAL
ADD 130 SF EXTERIOR PATIO SPACE TO REPLACE 1 PARKING STALL PER
DWG DRAWING
MISC. MISCELLANEOUS
V.T. VINYLTILE
AREA RATIO LOAD
LSA PARKING STUDY INTERIOR REMODEL TO ALLOW COOKING, INCLUDING
DWR DRAWER
MTD MOUNTED
V.T.R. VENTTHROUGH ROUGH
CBC �O+CCU�PANT
LEVEL 1 (BUSINESS): (CPC) CBC (CPC) )
NEW HOOD AND WALLS TO ENCLOSE THE KITCHEN. NEW SEATING
E.N. EDGENAIL(ING)
MTL. METAL
W WIDE, WIDTH
E.W. EACH WAY
IN] NEW
W/ WITH
PUBLIC AREA OCC. LOAD: 455 SF 1/15 (1/30) 31(16)
CONFIGURATIONS. NO INCREASE IN NET PUBLIC AREA.
EA EACH
N.I.C. NOT IN CONTRACT
W.C. WATER CLOSET, WALL COVERING
ELEC ELECTRIC, ELECTRICAL
N.T.S. NOTTO SCALE
WD WOOD
WAITING AREA OCC. LOAD: 67 SF 1/7 (1/15) 10 (5)
ELEV ELEVATION
NAT. NATURAL
WP WATERPROOF
KITCHEN OCCUPANT LOAD. 406 SF 1/200(1/200) 3 (3)
E.I.Fs. EXTERIOR INSULATION
O.C. ON CENTER
W.R. WATER RESISTANT
44 (24 )
AND FINISH SYSTEM
O.D. OUTSIDE DIAMETER
TOTAL LEVEL 1:
EQ EQUAL
OPN. OPENING
LEVEL 2:
EQUIP EQUIPMENT
OPP OPPOSITE
ESMT EASMENT
PIA PLANTINGAREA
OCCUPANT LOAD: 589 SF ACCESSORY 0
EXH EXHAUST
P.S.I. POUNDS/SQUARE INCH
(SHELVING/ DRESSING ROOM)
(El EXISTING
PL. PLATE
EXP EXPOSED
PLAS PLASTER
TOTAL LEVE L 2: 0
F.N. FIELD NAILING
PLY PLYWOOD
TOTAL OCCUPANT LOAD: 44 (24)
F.O.C. FACE OF CONCRETE
POL POLISH, POLISHED
F.O.M. FACE OF MASONRY
PR. PAIR
F.O.S. FACEOFSTUD
PT. PAINT
PROVIDED: 2 SINGLE OCCUPANCY TOILET FACILITIES (ONE MALE AND ONE
FRMG FRAMING
R RADIUS, RAFTER
FEMALE WITH WATER CLOSET & LAVATORY) PER CPC 2010 412.3(3). BUSINESS
FON FOUNDATION
R.D. ROOF DRAIN
FIN FINISH
R.O. ROUGH OPENING
OCCUPANCY IS LESS THAN 1500 SF AND OCCUPANCY LOAD IS LESS THAN 50.
TITLE SHEET
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PLOT DATE:
1 /29/2019
SHEET NUMBER
A01
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Zoning Administrator - May 16, 2019
Item No. 7a - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
To: Lee, Amanda; Garciamav, Rubv
Subject: PW: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
Date: Wednesday, May 15, 2019 2:34:49 PM
Attachments: imaae001 ono
Begin forwarded message:
From: Brian<newportbeachresident(@yahoo.com>
Date: May 15, 2019 at 8:49:22 AM PDT
To:<citycouncil(@newportbeachca.gov>, <ddixon6Dnew0oortbeachca.gov>
Subject: Sessions Sandwiches Patio Seating and Request to Serve Alcohol
Outside
City Council
I am a homeowner in Newport Beach on the peninsula
I am requesting that Sessions Sandwiches' request for approval of"Sessions
Sandwiches Patio Expansion Coastal Development Permit No. CD2018-094 and Minor
Use Permit No. UP2018-022 (PA2018-241)" be denied. The matter is currently on
schedule to be heard by the Zoning Administrator on May 16, 2019. If the City
Council is not a position to outright deny Sessions Sandwiches' request for approval, I
ask that the matter be heard by the Planning Commission.
As a condition to approving Sessions Sandwiches' 2015 Permit No. UP2014-050 (for
beer/wine sales), the Planning Commission refused to allow Sessions Sandwiches to
serve alcohol outside. Specifically, Condition No. 44 states: "Alcoholic beverages
shall only be served and consumed inside the subject establishment." Sessions
Sandwiches is located in a section of Newport Beach that is currently oversaturated
with alcohol establishments. As has been widely publicized, this oversaturation has
had a negative impact on the quality of life for the residents (for example, this area has
the highest crime rates in the city, public displays of drunkenness, increased noise,
etc.). Condition No. 44 is an important control meant to protect local residents' quality
of life and to mitigate the deleterious impacts of increased alcohol use in the
neighborhood. Sessions Sandwiches has characterized their current request to serve
alcohol outside as a simple parking variance, but in fact, it presents a significant change
in use of the property that should be heard at the Planning Commission level.
Thank you
Brian Park
Zoning Administrator - May 16, 2019
Item No. 7b - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
To: Lee, Amanda; Garciamav, Rubv
Subject: EW: Sessions Deli - Patio Extension
Date: Wednesday, May 15, 2019 2:38:05 PM
From: Jake Janz [mailto:jakejanzl@gmail.com]
Sent: Wednesday, May 15, 2019 12:09 PM
To: Lee, David <d lee@ newportbeachca.gov>
Cc: Jurjis, Seimone <sjurjis@newportbeachca.gov>
Subject: Sessions Deli - Patio Extension
Hi David,
My name is Jake Janz. I am Newport Beach resident, a founding board member of
the Ben Carlson Foundation, as well as a founding board member of the Newport
Beach Foundation. I love our community and this is why I am writing you today.
I would like to express my full support in regards to the patio extension application
submitted by Sessions Deli, located on Newport Blvd. Over the last 5 years, Sessions
and Matt Maddock, the owner and a great friend of mine, have not only grown an
amazing restaurant but they have also built a terrific reputation of generously
supporting numerous local organizations, non -profits and charity events. They are a
growing business with a big heart for all customers and the neighborhood that they
are surrounded by. That being said, it is my hope that our City will approve of
Sessions Deli application as we should all be proud and supportive of those making
such positive impact, especially when it's such an up -standing establishment in our
own back yard.
Sincere thanks for your time and consideration.
Respectfully,
Jake Janz
Ben Carlson Foundation
www.bencarlsonfoundation.ora
#BENDIDGO
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
To: Lee, Amanda; Garciamav, Rubv
Subject: PW: Sessions Deli - I support the new small patio
Date: Wednesday, May 15, 2019 4:32:26 PM
From: Robert Schacht [mailto:robert@innovaexams.com]
Sent: Wednesday, May 15, 2019 4:29 PM
To: Lee, David <d lee@ newportbeachca.gov>
Subject: Sessions Deli - I support the new small patio
Hello,
As a business owner a block away from Sessions and a Newport resident, I would like to
vehemently express my support for the proposed new patio at Sessions West Coast Deli on the
Newport Peninsula. It is a very small space and one parking spot is negligible, but more
importantly it will be a great addition to Sessions and the neighborhood. There are so many
great things about Newport, with our weather being near the top of the list, but the city has
done a poor job in allowing an outdoor dining experience. There are so few restaurants that
have outdoor dining, patios, etc that the more we can have the better, and I would even go so
far as to say the lack of outdoor dining is a major negative for Newport residents and visitors.
With so many other nearby cities cultivating outdoor dining experience, Newport is more then
behind the times and can not even compare to many other cities in the US and Europe. When
you drive onto the Newport Peninsula you are basically on a highway that is NOT Inviting, a
nice restaurant with a patio will certainly enhance the Peninsula look and feel.
Please allow Sessions to enhance our neighborhood and community dining experience.
Robert Schacht
Innova Exams, Inc.
401 30th St.
Newport Beach, CA 92663
Main 800-735-1353
Cell 949-945-3916
Fax 855-706-0909
Email robertninnovaexams.com
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Wednesday, May 15, 2019 5:21 PM
To: Lee, Amanda; Garciamay, Ruby
Subject: FW: Outdoor Patio Will Enhance Newport Beach
From: Cynthia Zhuang [mailto:clzhuana888@email.coml
Sent: Wednesday, May 15, 2019 5:13 PM
To: Lee, David <dlee@newoortbeachca.eov>
Subject: Outdoor Patio Will Enhance Newport Beach
Hello,
I am just writing you this e-mail to inform you of my support of the patio in front of Sessions.
I personally think that adding a balcony and having an outdoor patio will enhance tourism and
the restaurant environment in Newport Beach (specifically Balboa). In my opinion, losing one
parking spot is not a big deal; I'd rather have a nice patio to eat than have a parking spot.
Thank you for your time.
Best,
Cynthia Z.
May you have a wonderful day.
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Thursday, May 16, 2019 7:57 AM
To: Lee, Amanda; Garciamay, Ruby
Subject: FW: Sessions Patio
-----Original Message -----
From: Brian<newportbeachresident(cDvahoo.com>
Sent: Wednesday, May 15, 2019 11:57 PM
To: Lee, David <dlee(a)newportbeachca.gov>
Subject: Re: Sessions Patio
David
I sent the below email to the City Council.
I am forwarding it to you to put on the record for the Sessions Sandwiches zoning hearing
tomorrow.
Per the below, I object to Sessions Sandwiches' request for approval to have patio seating and I
would like to request that the matter be reviewed by the Planning Commission.
Please confirm receipt of this email.
Thank you
Brian Park
On May 15, 2019, at 5:36 AM, Dixon, Diane <ddixontoD.newportbeachca.gov> wrote:
Hi Brian
Rhis zoning request can go through the zoning hearing process unless residents write to have it
heard at the planning commission level. This project is not requesting any change in condition
only uses. It is classified as a parking waiver. Please write to the city Council via the city website
and request that this matter be heard at planning commission level.
Diane
Diane B Dixon, Mayor
Councilmember
949.287.9211
> On May 9, 2019, at 7:33 PM, Brian<newportbeachresident(a)yahoo.com> wrote:
> Monday works. The zoning hearing is for May 16.
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
> On May 9, 2019, at 6:59 PM, Dixon, Diane <ddixon(cDnewportbeachca.aov> wrote:
> I was not aware. Let me check on this. I'm out of town for Mother's Day. May I call you
Monday?
> Diane
> Diane B Dixon, Mayor
> Councilmember
> 949.287.9211
>> On May 9, 2019, at 5:49 PM, Brian<newportbeachresidentCcDvahoo.com> wrote:
>> Diane - do you have a few minutes sometime tomorrow to discuss Sessions' request for
patio seating?
>> -Brian Park
>> 805-637-9266
Zoning Administrator - May 16, 2019
Item No. 7c - ADDITIONAL MATERIALS RECEIVED
Sessions Sandwiches Patio Expansion (PA2018-241)
From: Lee, David
Sent: Thursday, May 16, 2019 8:00 AM
To: Lee, Amanda; Garciamay, Ruby
Subject: FW: Support for Sessions Patio...
-----Original Message -----
From: T.J. Graber <ticiraber(a)vahoo.com>
Sent: Wednesday, May 15, 2019 4:51 PM
To: Lee, David <dlee(a)newportbeachca.gov>
Subject: Support for Sessions Patio...
Hi, just a quick note as I heard Sessions has an interest in a small patio eating area... as a
Newport resident and patron of Sessions, a patio will be a great addition to the restaurant and to
the area. There are so few restaurants that have outdoor dining or a patio in Newport, this would
be a great addition. Please allow the addition of a patio for sessions.
Thank you,
T.J. Graber
446 El Modena Ave
Sent from my iPhone
Subject: FW: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
Date:
Thursday, May 16, 2019 at 2:47:29 PM Pacific Daylight Time
From:
Lewis, Jon
To:
O'Neill, William
CC:
Leung, Grace
Category:
Newport Beach
Attachments: image001.png, image002.png, image003.png, image004.png
Mayor Pro Tern O'Neill,
Research of our records shows Sessions has not had any alcohol related calls for service in the last 24 months
related to their business.
The following is a summary of calls for service to 2813 Newport Blvd.
0310812017 — Disturbance involving a male transient with a pocket knife.
0610912017 — Pedestrian Stop. A passerby flagged an officer down regarding a male asking for money in front
of LoVentina's. The male was arrested for Public Intoxication. He said had been drinking alcohol while walking
through the grocery store and was trying to get home.
1111212018—Suspicious Person. Laventina's called to report an agitated male talking to himself in front of
their shop.
1210812018 — Report of a man passed out. The notes in the call log indicate this subject took off running while
the caller was on the phone. Officers were unable to locate the person.
0313012019 — Report of a Physical Fight involving two people walking towards 30th Street.
Additionally, in March of 2017 the Department sent a minor decoy into Sessions to purchase alcohol. That
minor was properly asked for identification and was not served.
Mr. Park spoke with our folks last week. Mr. Park related he and his neighbors have made several calls to the
Department regarding loud noise coming from the sandwich shop, however there is no record of noise
complaints in our dispatch call logs. As noted in the past, over saturation is a significant concern in this area,
however there is no evidence that Sessions Sandwiches contributes to the burden on police resources. None
of the above calls for service indicated a nexus to Sessions, rather Sessions was used as a geographical
landmark in explaining a location.
Please let me know if you have additional questions or would like more information.
Respectfully,
Jon T. Lewis I Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive, Newport Beach CA 92660
Page 1 of 3
(949.644.3701 ) 1 jlewis@nbpd.org
From: "O'Neill, William" <w n ill@newportbeachca.gov>
Date: May 15, 2019 at 09:18:30 PDT
To: "Lewis, Jon" <JLe_W_n@nbpd_org>
Cc: "Leung, Grace" <gleung.@newportbeachca gov>
Subject: FW: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
Have we had any alcohol -related incidents at this location in the last 24 months?
Will O'Neill
Mayor Pro Tem
City of Newport Beach
From: Brian<newportbeachresident@yahoo.com>
Date: Wednesday, May 15, 2019 at 8:48 AM
To: Dept - City Council <CityCouncil@ne waQLDiane Dixon
<ddixon@newportbeachca gov>
Subject: Sessions Sandwiches Patio Seating and Request to Serve Alcohol Outside
City Council
I am a homeowner in Newport Beach on the peninsula.
I am requesting that Sessions Sandwiches' request for approval of "Sessions Sandwiches
Patio Expansion Coastal Development Permit No. CD2018-094 and Minor Use Permit No.
UP2018-022 (PA2018-241)" be denied. The matter is currently on schedule to be heard by
the Zoning Administrator on May 16, 2019. If the City Council is not a position to
outright deny Sessions Sandwiches' request for approval, I ask that the matter be heard
by the Planning Commission,
As a condition to approving Sessions Sandwiches' 2015 Permit No. UP2014-050 (for
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alcohol outside. Specifically, Condition No. 44 states: "Alcoholic beverages shall only be
served and consumed inside the subject establishment." Sessions Sandwiches is located in
a section of Newport Beach that is currently oversaturated with alcohol establishments. As
has been widely publicized, this oversaturation has had a negative impact on the quality of
life for the residents (for example, this area has the highest crime rates in the city, public
displays of drunkenness, increased noise, etc.). Condition No. 44 is an important control
meant to protect local residents' quality of life and to mitigate the deleterious impacts of
increased alcohol use in the neighborhood. Sessions Sandwiches has characterized their
current request to serve alcohol outside as a simple parking variance, but in fact, it presents
a significant change in use of the property that should be heard at the Planning
Commission level.
Thank you
Brian Park
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