HomeMy WebLinkAbout02_Handel’s Homemade Ice Cream Minor Use Permit_PA2020-223CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 29, 2020
Agenda Item No.2
SUBJECT:Handel’s Homemade Ice Cream (PA2020-223)
Minor Use Permit No. UP2020-170
SITE LOCATION:2200 West Ocean Front, Suite A
APPLICANT:Handel’s Homemade Ice Cream
OWNER:Surfer Building LLC - Laura UrsiniMarroquin
PLANNER:Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:Mixed-Use Water 2 (MU-W2)
Zoning District: Mixed-Use Water (MU-W2)
Coastal Land Use Plan Category: Mixed-Use Water (MU-W)
Coastal Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
Request for a minor use permit to convert an existing full-service eating and drinking
establishment (Urban Cup) into a take-out service, limited eating and drinking
establishment. The request includes a maximum of six seats, no alcohol service and no
late hours. If approved, this Minor Use Permit would supersede Minor Use Permit No.
UP2017-013 (PA2017-096).
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,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2020-170 (Attachment No. ZA 1).
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DISCUSSION
The subject property is located on the north corner of the West Oceanfront
boardwalk and 22nd Street near McFadden Place. The surrounding area is
developed with visitor serving commercial as well as multi-family residential uses.
The subject property is developed with a 2,768-square-foot, multi-tenant, single-
story building. In Suite A, there is an existing restaurant Urban Cup operating under
Minor Use Permit No. UP2017-013 as a food service, with no late hours and a
Type 41 Alcoholic Beverage Control (ABC) License. In Suite B there is a retail
bicycle shop and a shaved ice take out service limited food service occupies Suite
C. All of the Suites current tenants will be vacating, the proposed take-out service,
limited ice cream shop will occupy Suite A and the remaining two suites will be
combined and processed under a separate minor use permit (UP2020-171)for a
new restaurant (22nd Street Pizza under PA2020-224).
The proposal is to convert the existing full-service restaurant into a take-out
service, limited eating and drinking establishment. The establishment will provide
a take-out ice cream shop within the 1,845 square-foot existing space with the
potential for a maximum of six seats, walk-in cooler, dry storage and one all gender
restroom. The hours of operation proposed are 11:00 a.m. to 10:00 p.m., daily and
no alcohol service is permitted. Concurrently, a separate Minor Use Permit is being
processed to convert Suite B and C into a full-service, eating and drinking
establishment (22nd Street Pizza under PA2020-224). Essentially the Urban Cup
development rights are being shifted to Suite B and Suite C for 22nd Street Pizza
and Suite A with this use permit is converting to the take-out service limited ice
cream shop. There is no net increase in the number of ABC Licenses, hours, net
public area or the number of full-service restaurants. Also, there is no net increase
in parking which is discussed further below.
The proposal complies with Zoning Code standards for a food service, no late
hours eating and drinking establishment.
The property is designated by the Zoning Code and the Local Coastal
Implementation Plan as Mixed-Use Water (MU-W2) respectively, which applies to
areas where it is the intent for waterfront properties in which marine-related uses
may be intermixed with general commercial, visitor-serving commercial and
residential dwelling units on the upper floors. The proposed take-out service,
limited eating and drinking establishment requires a new minor use permit
pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements). The property
is located approximately 320 feet from a residential zoning district.
The property is designated by the Land Use Element of the General Plan Mixed-
Use Water 2 (MU-W2) and the Coastal Land Use Plan as Mixed-Use Water (MU-
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W) which is consistent with the MU-W2 Zoning/Coastal Zone designation. The
take-out, limited food service is a commercial use intended to serve nearby
residents, the surrounding community, and visitors to the City of Newport Beach.
Therefore, the use is consistent with this land use category.
There is no existing parking on-site. The building has operated as commercial and
food service uses since prior to 1994, when Use Permit No. UP3535 was
approved, which memorialized the nonconforming restaurant use (Suite A) with up
to 1,895 gross square feet and 634 square feet of net public area. In 2018, Urban
Cup moved into Suite A under Minor Use Permit No. UP2017-013 and reduced the
net public area to 450 square feet. Based on the parking requirement of 1 space
per 40 square feet of net public area for Urban Cup, there is a credit of 12 parking
spaces. Suite B and Suite C have always been occupied by commercial and take-
out service limited which is the same parking requirement as general commercial,
1 space per 250 square feet with a 4-space parking credit. This leaves a 16- space-
parking credit for the entire building. Handel’s Homemade Ice Cream will occupy
Suite A and will use 8spaces of the parking credit (take-out service limited, 1 space
per 250 square feet) and 22nd Street Pizza will occupy Suite B and use the
remaining 8-spaces of the parking credit (1 space per 40 square feet of net public
area). The proposed uses require a total of 16 spaces, requiring no net increase
in the required parking. The parking is broken down in the following table for the
entire building (Suites A, B and C).
Existing Proposed
Urban Cup (Suite A) 12 spaces (1 space
per 40 sq. ft.)
Handel’s (Suite A) 8 spaces (1 space per
250 square feet)
Bike rental and shave
ice (Suite B and C)
4 spaces (1 space
per 250 square feet)
Pizza (Suite B and
C combined into
one)
8 spaces (1 space per
40 square feet of net
public area)
Total Parking
Required (Credit)
16 spaces existing 16 spaces required for
new uses in building =
net 0 parking required
The parking requirement for take-out service, limited food service is 1 space per
250 square feet (1,895/250 = 7.58) which results in eight spaces.
The project is exempt from the requirements of a Coastal Development Permit
(CDP) because the proposed project does not expand the existing structure or
uses on site and essentially consists of interior tenant improvements. no additional
parking is required. Therefore, the proposed project is not considered an
intensification of use.
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ENVIRONMENTAL REVIEW
Projects that are denied are exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15270 of the CEQA Guidelines. Section 15270 states
projects which a public agency rejects or disapproves are not subject to CEQA review.
Should the Zoning Administrator approve the application, the project would be
categorically exempt pursuant to Section 15301 under Class 1 (Existing Facilities) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant impact on the environment. The Class 1 exemption includes
the ongoing use of existing buildings where there is negligible or no expansion of use.
The proposed project requires minor interior tenant improvements to an existing
commercial building with no addition to the structure.
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:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
USE PERMIT UP2020-170 FOR A TAKE-OUT SERVICE, LIMITED
EATING AND DRINKING ESTABLISHMENT LOCATED AT 2200
WEST OCEAN FRONT, SUITE A (PA2020-223)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Handel’s Homemade Ice Cream, with respect to property
located at 2200 West Ocean Front Suite A, and legally described as Lot 1, Block 22 within
the Newport Beach Tract requesting approval of a minor use permit.
2. The applicant proposes to convert an existing full-service eating and drinking
establishment into a take-out service, limited eating and drinking establishment. The
request includes a maximum of six seats, no alcohol service and no late hours.
3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land
Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan
category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water
Related (MU-W2) Coastal Zone District. The project is exempt from the requirements of
a Coastal Development Permit (CDP) as it does not expand the existing structure or use
and does not require additional parking. Therefore, the proposed changes are not
considered an intensification of use.
5. A public hearing was held online on October 29, 2020, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2. The proposed project involves minor interior improvements to an existing commercial
space and involves no expansion in floor area or change in parking requirement.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code (NBMC), 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
1. The General Plan designates the site as Mixed-Use Water 2 (MU-W2) which applies
to areas where it is the intent to establish waterfront locations in which marine-related
uses are intermixed with commercial service use and residential.
2. The proposed take-out service, limited restaurant use is consistent with the (MU-W2)
designation as it is intended to serve nearby residents, the surrounding community,
and visitors to the City of Newport Beach.
3. Several mixed-use structures including visitor serving commercial including various
eating and drinking establishment uses exist nearby and are complementary to the
surrounding commercial and residential uses.
4. The subject property is not part of a specific plan area.
Finding
A. 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
1. The property is designated by the Zoning Code as Mixed-Use Water (MU-W2), which
applies to areas where it is the intent for waterfront properties in which marine-related
uses may be intermixed with general commercial, visitor-serving commercial and
residential dwelling units on the upper floors. The proposed take-out service, limited
ice cream shop with no alcohol service and no late hours requires a new minor use
permit pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements). The property is
located approximately 320 feet from a residential zoning district.
2. There is no existing parking on-site. The building has operated as commercial and
food service uses since prior to 1994, when Use Permit No. UP3535 was approved,
which memorialized the nonconforming restaurant use (Suite A) with up to 1,895
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gross square feet and 634 square feet of net public area. In 2018, Urban Cup moved
into Suite A under Minor Use Permit No. UP2017-013 and reduced the net public
area to 450 square feet. Based on the parking requirement of 1 space per 40 square
feet of net public area for Urban Cup, there is a credit of 12 parking spaces. Suite B
and Suite C have always been occupied by commercial and take-out service limited
which is the same parking requirement as general commercial, 1 space per 250
square feet with a 4-space parking credit. This leaves a 16- space-parking credit for
the entire building. Handel’s Homemade Ice Cream will occupy Suite A and will use
8-spaces of the parking credit (take-out service limited, 1 space per 250 square feet)
and 22nd Street Pizza will occupy Suite B and use the remaining 8-spaces of the
parking credit (1 space per 40 square feet of net public area). The proposed uses
require a total of 16 spaces, requiring no net increase in the required parking.
3. The parking requirement for take-out service, limited food service is 1 space per 250
square feet (1,895/250 = 7.58) which results in eight (8) spaces. The eight spaces
are covered by the existing parking credit for the building as outlined in Fact No. 2
above.
4. As conditioned, the proposed project will comply with Zoning Code standards for
eating and drinking establishments.
Finding
B. 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 establishment will provide a take-out ice cream shop within the 1,845 square
foot existing Suite with the potential for a maximum 6 seats, walk-in cooler, dry
storage, dedicated wash down area that will drain directly into the sewer system, a
covered trash enclosure with gate and one all gender restroom.
2. The hours operation of the restaurant will be restricted to the hours between 8:00 a.m.
and 10:00 p.m., daily. These hours are consistent with the business hours of other
restaurants and uses in the commercial area.
3. The proposed take-out ice cream shop will be located within an existing single-story
building accessible from the corner of 22nd Street and West Ocean Front, which
provides convenient access to motorists, pedestrians, and bicyclists.
4. The surrounding area contains various, retail and visitor serving commercial uses
including restaurants and take-out eating establishments. The restaurant is
compatible with the existing and permitted uses within the area.
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Finding
C. 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
Facts in Support of Finding
1. The tenant improvement for the commercial space is currently in the plan check
process.
2. The tenant improvement includes a review to ensure adequate public and
emergency vehicle access, and that public services, and utilities are provided. The
tenant improvement plans are required to be reviewed for compliance with applicable
building and fire codes.
Finding
D. 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
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
2. The take-out service, limited eating and drinking establishment will serve the
surrounding community in a commercial area designed for such uses.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2020-170, subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
4. This resolution supersedes Planning Commission Resolution No. PC2018-002 for Minor
Use Permit No. UP2017-013 (PA2017-096), which upon vesting of the rights authorized
by this Minor Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 29th DAY OF OCTOBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plans 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. Use Permit No. UP2020-170 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code
, unless an extension is otherwise granted.
5. This Use Permit shall supersede Use Permit No. UP2017-013 which will become null and
void.
6. The hours of operation shall be between 8:00 a.m. to 10:00 p.m., daily.
7. The maximum number of seats permitted is six.
8. No alcohol service is permitted with this Use Permit for a take-out service, limited eating
and drinking establishment.
9. This 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.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
11. A copy of the
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
12. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
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the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
13. Prior to the issuance of a building permit, 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 Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 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 Section 10.28.040 of the NBMC, 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.
17. No audible outside paging system shall be utilized in conjunction with this establishment.
18. 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.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
19. 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.
20. 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.
21. 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
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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).
22. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 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.
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.
24. 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 NBMC to require such
permits.
25. 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 NBMC.
26. 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
whatsoever which may arise from or in any manne
approval of Ice Cream Minor Use Permit including, but not limited to,
UP2020-170 (PA2020-223). 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 Division
27. The
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.
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28. The establishment shall comply with Disable Access requirements.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Minor Use Permit No.
UP2020-170 PA2020-223
2200 West Ocean Front, Suite A
Homemade
Ice Cream
22nd Street Pizza
16
Attachment No. ZA 3
Project Plans
17
FIRE SPRINKLER SYSTEM AND ALARM .kechukwuMbelu01AAABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2018
SITE / PLOT PLANSCALE: 1/8" = 1'-0"WMGMEMHANDEL'S ICE CREAM2200 W. OCEANFRONTNEWPORT BEACHPROPOSED TENANTIMPROVEMENT AREA1,845 SQ. FT.EXISTING SINGLE STORYCOMMERCIAL BUILDINGTO REMAIN"B" OCCUPANCY2,763 SQ. FT.ADJACENT TENANT"B" OCCUPANCYN.I.C.ADJACENT TENANT"B" OCCUPANCYN.I.C.22ND STREETWEST OCEANFRONT22ND STREETALLEYADJACENT STRUCTURE/ PROPERTYN.I.C.PLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLCLCLCLCLCLCLCLCLCLCLCLCLEXISTING 6" HIGH CURB AND GUTTEREXISTING SIDEWALK PER PUBLIC WORKS STANDARDSEXISTING SIDEWALK PER PUBLIC WORKS STANDARDSEXISTING SIDEWALK PER PUBLIC WORKS STANDARDSEXISTING DRIVEWAY APPROACH PER PUBLIC WORKS STANDARDSPROPERTY LINE 125'-0"PROPERTY LINE 25'-0"PROPERTY LINE 25'-0"PROPERTY LINE 125'-0"EXISTING 6" HIGH CURB AND GUTTEREXISTING 6" HIGH CURB AND GUTTERTRASHENCLOSUREWMEXISTING 1,000 GAL.GREASE INTERCEPTOREXISTING 2"WATER METEREXISTING ELEC.METER CABINETABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/20Jkechukwu19
FLOOR PLAN PLAN KEY NOTESWALL SYMBOL LEGENDSCALE: 1/4" = 1'-0"FLOOR PLAN PLAN SYMBOLSEMERGENCY LIGHTING NOTESMISC/ FLOOR PLAN NOTES5858381313BUILDING ENVELOPEFIRE RATED CONSTRUCTIONINTERIOR ENVIRONMENTF. INTERIOR FINISHESADDITIONAL BUILDING NOTESADDITIONAL BUILDING NOTESFLOOR PLAN NOTESFEC102100101103105106107104108109109TEAEAP-601AP-601XX" X XX"MIN CLEAR01AA###1 HRAAAAAAAAAAAAAAAAAAAABBCCDDEEFF60" X 60"MIN CLEAR54" X 48"MIN CLEARAD-7047AD-7047AD-704754" X 60"CLEARAD-7021AD-7074AD-7071, 2AD-7071, 3ADJACENT TENANT"B" OCCUPANCYAD-7035AD-7065TEAEAD-7034AD-7034AD-7041-AEXISTING1 HRAD-7041-AEXISTING1 HRAD-7041EXISTING1 HRAD-7042AD-7042AD-7042AD-7069AD-7069GGHHAD-7069DIPPING CABINETS DIPPING CABINETS DIPPING CABINETS DIPPING CABINETS HOLDING CABINETS MICROWAVEMERCHANDISERFRIDGECOUNTER-TOPH.S.5 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x48LKRSHOLDING CABINETS HOLDING CABINETS 5 TIER24x48HOLDING CABINETS P.O.S5 TIER18x48FAN COILP.O.SP.O.SP.O.SLKRSBBBBBBBBBBAEAD-7075AD-7071, 2AD-7071, 2AD-7074AD-7071, 2AD-7065+1/2"AD-7031-AAD-7069AD-7069AD-7065AP-6019AD-7065+0"+0"+1/4"+1"+1-1/2"+1/2"+0"AD-7036AD-7036ABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2020
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SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"DIMENSION PLAN NOTESWALL SYMBOL LEGEND102100101103105106107104108109109100ADJACENT TENANT"B" OCCUPANCY60" X 60"MIN CLEAR54" X 48"MIN CLEAR54" X 60"MIN CLEARDIPPING CABINETS DIPPING CABINETS DIPPING CABINETS DIPPING CABINETS HOLDING CABINETS MICROWAVEMERCHANDISERFRIDGECOUNTER-TOPH.S.5 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x48LKRSHOLDING CABINETS HOLDING CABINETS 5 TIER24x48HOLDING CABINETS P.O.S5 TIER18x48FAN COILP.O.SP.O.SP.O.SP.O.SLKRSABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2022
BASIC CONNECTIONS, PERIMITER, AND LATERAL SPLAY BRACING REQ.- MIN. INTERSECTION STRENGTH LIMITS @ MT/CT180 LBS.- VERTICAL HANGER WIRE 12-GAUGE @ 4'-0" O.C.REQUIRED- CONNECTION DEVISE FROM VERTICAL WIRE TO STRUCTURE ABOVE MUST SUSTAIN MIN 100 LBS REQUIRED- MAIN TEE CLASSIFICATIONH.D.- 1 IN 6 MAX PLUMB OF VERTICAL HANGER WIRESREQUIRED- PERIMITER VERT. HANGER WIRES NOT MORE THAN 8" FROM WALLREQUIRED- GRID END / WALL CLEARANCEMIN "- PERIMITER CLOSURE (MOLDING ) WIDTHMIN 2"- GRID CONNECTION TO PERIMETER ATTACHED- ON TWO ADJACENT WALSREQUIRED- PERIMETER TEE ENDS TIED TOGETHERREQUIRED- HORZ. RESTRAINT (SPLAY WIRES OR RIDGED BRACING)WITH-IN 2" OF INTERSECTION AND SPLAYEDREQUIRED- COMPRESSION POSTS (STRUTS) 12" O.C. IN BOTH DIRECTIONS STARTING 6' FROM WALLS REQUIRED- SPLAY BRACING CONNECTION STRENGTH 200 LBS. OR DESIGN THE LOAD, WHICHEVER IS GREATER REQUIRED- PARTION ATTACHMENT (BRACING INDEPENDENT OF OF CEILING SPLAY BRACING)REQUIRED- SEISMIC SEPERATION JOINT (FOR AREA OVER 2,500 SQ. FT. OR FULL HEIGHT PARTION)REQUIRED- RIGID BRACING FOR CEILING PLAIN ELEVATION CHANGESREQUIREDLIGHT FIXTURE ATTACHMENT- LIGHT FIXTURE ATTACHMENT (ALL TYPES) MECHANICALLY ATTACHED TO GRID NEC 410-16( FOUR PER FIXTURE UNLESS INDEPENDENTLY SUPPORTED)REQUIRED- SURFACE-MOUNTED FIXTURES ATTACHED TO GRIDNOT- PENDANT-HUNG FIXTURES DIRECTLY SUPPORTED FROMTHE STRUCTURE WITH9-GAUGE WIRE (OR APPROVED ALTERNATIVE)REQUIRED- RIGID LAY IN OR CAN LIGHT FIXTURES GREATER THAN 10 LBS. - ONE WIRE TO STRUCTURE REQUIRED- 11 TO 56 LBS - TWO WIRES TO STRUCTURE ( MAY BE SLACK IN WIRE )REQUIRED- GRATER THAN 57 LBS. - SUPPORTED DIRECTLY TO STRUCTURE BY APPROVED METHOD.REQUIRED1) SUSPENDED ACOUSTICAL CEILING SYSTEMS SHALL BE INSTALL IN ACCORDANCE WITH PROVISIONS OF ASTM C635,ASTM C636 AND ASTM E580 AND MANUFACTURER SPECIFICATIONS AND INSTALLATION INSTRUCTION.2) THE MAIN RUNNER AND CROSS RUNNER OF SUSPENDED CEILING PRODUCTS SHALL BE HEAVY DUTY T-BAR GRID SYSTEM.THE MEANS OF EGRESS SERVING A ROOM OR SPACE SHALL BE ILLUMINATED AT ALL TIMES THAT THE ROOM OR SPACE ISOCCUPIED.2019 CBC 1008.2THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A DURATION OF NOT LESS THAN 90 MINUTES AND SHALLCONSIST OF STORAGE BATTERIES, UNIT EQUIPMENTOR AN ON-SITE GENERATOR. THE INSTALLATION OF THE EMERGENCYPOWER SYSTEM SHALL BE IN ACCORDANCE WITH SECTION 2702.2019 CBC 1008.3.4EMERGENCY LIGHTING FACILITIES SHALL BE ARRANGED TO PROVIDE AN INITIAL ILLUMINATION THAT IS NOT LESS THAN ANAVERAGE OF 1 FOOT CANDLE (11 LUX) AND A MIN AT ANY POINT OF 0.1 FOOT CANDLES (1 LUX) ALONG THE PATHOF EGRESSAT FLOOR LEVEL. ILLUMINATION LEVELS SHALL BE PERMITTED TO DECLINE TO 0.6 FOOTCANDLE (6 LUX) AVERAGE AND AMIN AT ANY POINT OF 0.06 FOOT CANDLES (.6 LUX) ATTHE END OF THE EMERGENCY LIGHTING TIME DURATION. AMAXIMUM TO MIN LIGHTING UNIFORMITY OF 40 TO 1 SHALL NO BE EXCEEDED.2019 CBC 1008.3.5EXITS AND EXIT ACCESS DOORS SHALL BE MARKED BY AN APPROVED EXIT SIGN READILY VISIBLE FROM ANY DIRECTION OFEGRESS TRAVEL. THE PATH OF EGRESS TRAVEL TOEXITS AND WITHIN EXITS SHALL BE MARKED BY READILY VISIBLE EXIT SIGNSTO CLEARLY INDICATE THE DIRECTION OF EGRESS TRAVEL IN CASES WHERE THE EXITOR THE PATH OF EGRESS TRAVEL IS NOTIMMEDIATELY VISIBLE TO THE OCCUPANTS. INTERVENING MEANS OF EGRESS DOORS WITHIN EXITS SHALL BE MARKED BYEXIT SIGNS. EXIT SIGN PLACEMENT SHALL BE SUCH THAT NO POINT IN AN EXIT ACCESS CORRIDOR OR EXIT PASSAGEWAY ISMORE THAN 100 FEET (30 480 MM) OR THE LISTED VIEWING DISTANCE FOR THE SIGN, WHICHEVER IS LESS, FROM THENEAREST VISIBLE EXIT SIGN.2019 CBC 1013.1EXTERIOR LIGHTING CIRCUITRY REQUIRED TO OPERATE DURING DARKNESS SHALL NOT BE CONNECTED TO A SWITCH. THEOPERATION SHALL BE AUTOMATIC AT SUNDOWN.SCALE: 1/4" = 1'-0"2' 4'08'REFLECTED CEILING PLANSCALE: 1/4" = 1'-0"STANDARD APPLICATION GUIDE - SIESMIC CATAGORY D, E, FWALL SYMBOL LEGENDDIRECTION OF EGRESSINTERNALLY ILLUMINATED EXIT SIGN TO BE CONNECTED TO EMERGANCY POWER SOURCE OR BACK-UPGENERATOR CAPABLE OF PROVIDING POWER FOR ADURATION OF NOT LESS THAN 90 MIN. REFER TOELECTRICAL PLANS.INTERNALLY ILLUMINATED BUG EYED LIGHT TO BE CONNECTED TO EMERGANCY POWER SOURCE OR BACK-UPGENERATOR CAPABLE OF PROVIDING POWER FOR ADURATION OF NOT LESS THAN 90 MIN. REFER TOELECTRICAL PLANS.SUSPENDED CEILING NOTESEMERGENCY LIGHTING NOTESREFLECTED CEILING PLAN SYSMBOLS2'-0" X 4'-0" SUSPENDED LAY-IN ACCOUSTICAL CEILING TILE BY ARMSTRONG2'-0" X 4'-0" LED SUSPENDED CEILING LED LIGHT FIXTURE TO BE INSTALLED PER DETAIL SHEET, U.O.N. BROAN MODEL L300K COMMERCIAL GRADE EXHAUST FAN CAPABLE OF MIN 5 AIR CHANGES PER HOUR. MIN50 CFM VENT TO OUTSIDE AIRSPEAKERS TO BE SELECTED BY OWNER. FINAL LOCATION TO BE SELECTED BY AUDIO / VISUAL INSTALLER. FINALLOCATIONS TO BE PROVIDED BY AV INSTALLERCEILING HEIGHT FROM FINISHED FLOOR SEE PLAN FOR INFORMATION AT EACH AREAX' - X"5/8" GYPSOM DRYWALL CEILING WITH SMOOTH FINISH AND SEMI-GLOSS PAINT.WALK INCOOLERCONDENSER(EX) STUD WALL TO REMAINNEW 2 X 6 METAL STUD WALL @ 16" O.C. ( NON BEARING )GALVANIZED ALUMN. COOLER BOXEXISTING EXTERIOR WOOD FRAMED WALL WITH 5/8" TYPE "X" DRYWALL AT INTERIOR SIDE AND 7/8"MIN THICK STUCCO AT EXTERIOR(E) 1 HR FIRE RATED DEMISING WALL 2 X STUDS @ 16" O.C. W/ 5/8" TYPE "X" GYPSOM BOARD BOTHSIDES6" MIN FLEX DUCT 4'-0" X 12" VAPOR PROOF CEILING MOUNT LIGHT FIXTURE INSIDE WALK IN COOLER.EXTERIOR WATERPROOF SURFACE MOUNT GOOSE NECK LED LIGHT FIXTURE(E) 6" RECESSED CAN LIGHT WITH VANDAL PROOF COVER. LIGHT TO BE EQUIPED WITH AUTOMATIC PHOTOCELL SENSOR THAT ACTIVATE AT SUN DOWN24" x 48" LED DROP IN SUSPENDED CEILING LIGHT WITH PROTECTIVE COVE.ROOF PLANSCALE: 3/16" = 1'-0"HVAC UNIT PER MECHANICAL PLANS. REFER TO M SHEETS FOR ADDITIONAL INFORMATIONNEW WALK IN COOLER CONDENSER TO BE INSTALLED PER MANUFACTURES SPECIFICATIONS9'-6"9'-6"9'-6"8'-0"8'-0"8'-0"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"9'-6"8'-0'AD-7052AD-7052AD-7052AD-7052D5007AD-7077AD-7052AD-7077AD-7052D5002ADJACENT TENANT"B" OCCUPANCYAD-7077AD-7077AD-7077AD-7077AD-7075AD-7075AD-7075AD-7073AD-7073EXISTING 12" THICK CONCRETE WALL WITH 4" GUNITE OVER(EX) 48" HIGHPARAPET TOREMAINEXISTING CLASS "A" ROOFING TO REMAIN.1 PLY BUILT UP ROOFING WITH WHITE COLOR GRANULARCAP SHEET OVER PLYWOOD SHEETING.AD-7061EXISTING SL1/4" / 1'-0" MINEXISTING SL1/4" / 1'-0" MINEXISTING SL1/4" / 1'-0" MINEXISTING SL1/4" / 1'-0" MINEXISTING SL1/4" / 1'-0" MINEXISTING SL1/4" / 1'-0" MINPROPOSED COOLERCONSENSING UNIT(EXISTING) ROOF DRAINAND OVERFLOW(EXISTING) ROOF DRAINAND OVERFLOW(EXISTING) PARAPETEBRACING(EXISTING) PARAPETE(EXISTING) PARAPETE(EX) 4 TON HVAC UNITTO BE REMOVED ANDREPLACED WITH NEW( SAME MODEL /SAME WEIGHT)ON EXISTING CURB(EXISTING) PARAPETE(EX) 4 TON HVAC UNITTO BE REMOVED ANDREPLACED WITH NEW( SAME MODEL /SAME WEIGHT)ON EXITING CURBABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2023
WALL SYMBOL LEGENDSCALE: 1/4" = 1'-0"EQUIPMENT FLOOR PLANSCALE: 1/4" = 1'-0"HEALTH DEPARTMENT NOTESEQ35EQ45EQ43EQ44EQ42EQ40EQ41EQ39EQ37EQ38EQ36EQ10EQ29EQ32EQ34EQ33EQ31EQ30EQ26EQ28EQ27EQ24EQ25EQ23EQ21EQ22EQ20EQ18EQ19EQ17EQ15EQ16EQ14EQ13EQ12EQ11MFG. & MODEL NO.FIXTURE AND EQUIPMENTEQ04EQ07EQ09EQ08EQ06EQ05EQ01EQ03EQ02QTY. INSTALLERSUPPLIERAMPS.ELECTRICALLOADH.P.K.W.REMARKSCONN.1000B.T.U.PLUMBINGCOLDWATERHOTWASTEGASCONNREMARKSAMPS.H.P.K.W.1000G.C.G.C.G.C.G.C.G.C.G.C.CSTR120/60/1C.O.G.C.11.5115/60/1C.O.11115/60/111C.O.LEGSFLRLEGSLEGSG.C. FLRDOOR SWITCHWIRE THRU LEGS1-1/4"G.C.FLOOR SINK BY PLUMBING CONTRACTOR1) OVERFLOW DRAIN TO FLRG.C.1/2"1/2"2"WALLG.C.12G.C.CSTRG.C.WALL2FLRWALLF.S.E.C.F.S.E.C.WALLF.S.E.C.2F.S.E.C.1F.S.E.C.C.T.G.C.G.C.G.C.G.C.FLRC.T.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.G.C.G.C.F.S.E.C.G.C.C.T.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.G.C.C.T.NEMA 5-15P PLUG / RECEP.--- -NEMA 5-15P PLUG / RECEP.1/2 -- -- - - ---- - - ---- - - ---C.O.NEMA 5-15P PLUG / RECEP.- -- - - ---1/5 ------ - - ---- - - ---- - - ---3 - 23--- - - ---- - - ---- - - ---- - - ---- - - ---- - - ---- - - ---F.S.E.C.G.C.G.C.F.S.E.C.G.C.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.G.C.F.S.E.C.- ---- -- -- -- -- --1/2" - - - -- - - - -- - - - -- - - -- - - - -- - - - -- - - - -- - - - -- - - - -- - - - -- --- -- -- - - - --- - --- - -- - - - -- - - - -- - - - -- - - - -- -- -- - - - -- - - - -- -- -- -- -- -- ------F.S.E.C.G.C.1/2"1/2"2" I.D.1/2"1/2"1-1/2"11111111111--ITEMDESCRIPTIONCOUNTER-TOP MECHANDISERBEVERAGE AIR # CT96HCICE MAKERMANITOWOC MOD. # UYF0240A-161DROP-IN HANDSINKWALL MOUNT HANDSINKJOHN BOOSMOD. # PBHS-W-1410-1ARTIC SWIRLARTIC SWIRLMODEL # HDM75ADUAL HOT FUDGE DISPENSERSERVER TWINFS/FSPVITAMIX BLENDERVITAMIXMODEL # 062824 BLACKNELSON HOLDING CABINETNELSON # BD14W/O SHELFNELSON DIPPING CABINETNELSON # BD14W/ SHELFREACH-IN-FREEZERTRUE REFRIGERATIONMODEL # T-23F-HC3 COMPARTMENT SINKADVANCE TABCO94-K4-24DSUNDAY REFRIG. TABLEDELFIELD4448N-12PREP SINK W/ JOHN BOOSDROP IN DUMP SINKMETRO STORAGE RACKSEAGEL GROUPCAKE DECORATING TABLEPREP TABLEJOHN BOOSMICROWAVE OVENAMANAMODEL # RMS10DSWALK IN COOLER BOXNOR-LAKE - FAST-TRAKNSF APPROVEDCOOLER CONDENSER UNITCOOLER EVAPORATOR FANAIR CURTAINMARSW/ DOOR SWITCHWATER HEATERRUUDG75-75NMOP SINKADVANCE TABCOMOP RACKCHEMICAL SHELFBATCH FREEZERCARPIGANI 12" X 12" FLOOR SINKZURN6" DIA. FLOOR DRAINZURNLAVATORYAMERICAN STANDARDWATER CLOSETAMERICAN STANDARD36" S.S. GRAB BAR42" S.S. GRAB BARVACUM BREAK FAUCETT&S BRASSPRE-RINSE FAUCETT&S BRASS12" SWING NECK FAUCETT&S BRASSSOLID SURFACE COUNTERMDF CABINETS BELOWF.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.F.S.E.C.G.C.LEGSC.T.4" MINC.T.WALLC.T.C.T.CSTRCSTRLEGSCSTRLEGSROOFCEILNGWALLFLRWALLWALLWALLWALL115/60/13.61/5 -115/60/171/2"1/2"1-1/2"--------115/60/1115/60/1120/60/13/4 -- 11510--1/2"1/2"1-1/2"C.O.C.O.C.O.NEMA 5-15P PLUG / RECEP.NEMA 5-15P PLUG / RECEP.NEMA 5-15P PLUG / RECEP.NEMA 5-15P PLUG / RECEP.C.O.--NEMA 5-15P PLUG / RECEP.BY PLUMBING CONTRACTORINDIRECT WASTE TO FLOOR SINK- ---115/60/13.7C.O.NEMA 5-15R PLUG / RECEP.115/60/17.2C.O.NEMA 5-15P PLUG / RECEP.------1/2"1/2"1-1/2"1/2"1/2"1-1/2"- - 5--120/60/115115/60/1C.O.- -- - - - -3"1 EA.3"1 EA.1/2"1/2"1-1/2"1/2"3"1 EA.-- - - -- - - - -1/2"1/2"208/230/60/1DIRECTREQUIREMENTS SEE ENGINEERS DWG'SVERIFY LOCATION &208/230/60/1DIRECT11.7REQUIREMENTS SEE ENGINEERS DWG'SVERIFY LOCATION &--- - - - --- - - - --111116111124411111111.7208/230/60/3POINT OF SELL SYSTEMOWNER G.C..C.T.115/60/1S.S. STEEL SHELF ABOVEINGREDIENT BIN / FLAV. CARTEMPLOYEE LOCKERSG.C.G.C.G.C.G.C.G.C.F.S.E.C.G.C.F.S.E.C. G.C.F.S.E.C.G.C.F.S.E.C. G.C.WALL4" LEGSFLRCSTR- - - ---- - - - -- - - ---- - - - -- - - ---- - - - -- - - ---- - - - -1/2"1/2"1/2"1/2"- - ---- -- ---- - - ----75 GAL. TANK1PB18-1D18R18" DRAIN BOARD1ADVANCE TABCODI-1-151514 X 10 X 8 BOWLC.T.EZ-TOPPER POUCHED SERVERMODEL # 85899120/60/1 -3.3NEMA 5-15P PLUG / RECEP.C.O.TOPPING WARMER--1ADVANCE TABCODI-1-1515F2QA2-74-XXXX24" X 48"EQ46EQ474" LEGSF.S.E.C.METRO STORAGE RACKSG.C.824" X 48" EPOXY COATEDEQ48CTF.S.E.C.TRANSACTION SERVICE CR LAURANCEG.C.10WINDOW 12"X 18" OPENING1RUBERMADE3603-88ST6R5-SSKJOHN BOOSST6-2472SSKADVANCE TABCOLB502G-RTXDURASEINBLISS BLUE - DM6003BLISS BLUELAMINATECHALK WHITEOMCAN13134 - 6 TIEREQUIPMENT LIST / SPECIFICATIONSMIN 6" HIGH STAINLESS STEELSPLASH GUARDEQ02EQ20EQ15EQ03EQ07EQ05EQ08EQ06EQ13EQ01EQ24EQ38EQ38EQ12EQ42EQ04EQ17EQ44EQ09EQ29EQ43EQ29EQ39EQ14EQ42EQ19EQ09EQ09EQ47EQ47EQ47EQ47EQ21EQ27EQ26EQ28EQ25EQ32EQ35EQ36EQ33EQ11EQ10EQ16EQ48EQ48EQ40EQ40EQ40EQ42EQ17EQ17EQ17EQ47EQ47EQ47EQ41EQ12EQ40EQ41EQ40EQ41EQ46EQ11SCDW1218EQ48EQ48EQ48EQ48EQ48EQ41 EQ48EQ23EQ22EQ47DISH LINE102SERVING AREA100SUNDAE BAR101PREP LINE103WALK INCOOLER105DRYSTORAGE106MOP SINK107HOLDING AREA104ALL GENDERRESTROOM108QUE AREA109QUE AREA109EQ17EQ37121- - - ---- - - - -- - - ---- - - - -- - - ---- - - - -COMPLETELY FLASH TO BLDG. WALLS AND CEILING.SEE NOTE #18 HEALTH DEPT. NOTES.4" HIGH ROUND LEGS. L BRACKET LEGS ARE NOT ACCEPTABLE.DISPENSERS AND 6" HIGH SPLASH GUARDS INSTALL WITH SOAP DISPENSER AND PAPER TOWELDISPENSERS AND 6" SPLASH GUARDS. INSTALL WITH SOAP DISPENSER AND PAPER TOWEL--DIPPING CABINETS DIPPING CABINETS DIPPING CABINETS DIPPING CABINETS HOLDING CABINETS MICROWAVEMERCHANDISERFRIDGECOUNTER-TOPH.S.5 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x485 TIER24x48LKRSHOLDING CABINETS HOLDING CABINETS 5 TIER24x48HOLDING CABINETS P.O.S5 TIER18x48FAN COILP.O.SP.O.SP.O.SP.O.SLKRS75,100 3/4"--BY PLUMBING CONTRACTORINDIRECT WASTE TO FLOOR SINKBY PLUMBING CONTRACTORINDIRECT WASTE TO FLOOR SINKBY PLUMBING CONTRACTORINDIRECT WASTE TO FLOOR SINKCAST IRON / PORCELAINSTAINLESS STEEL GRATEEQ48EQ48EQ16EQ16EQ16EQ16EQ10EQ10EQ10EQ109-OP-44LAV-XLAV-XB-0665-CR-POLB-0133-ADF12-BB-0231-CRREGENCY600WS-1224ADVANCE TABCOROUNDMETRO STORAGE RACKSEAGEL GROUPF2QA2-74-EPOXYABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2024
SEMI-GLOSS PAINT, SMOOTH, DURABLE70% LIGHT REFLECTIVESOFFIT WITH 5/8" GYPSOM WALL BOARDSMOOTH FINISH WITH SEMI-GLOSS PAINTMIN 6" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.CUSTOM BUILT MDF CABINETSWITH WHITE LAMINATE FINISH.SOLID SURFACE COUNTER-TOPPER FINISH SCHEDULETRANSACTION SERVICE WINDOWWITH MAX 216 SQ. IN. OPENABLE AREASELF CLOSING MECHANISM REQUIREDTRANSACTION SERVICE WINDOWWITH MAX 216 SQ. IN. OPENABLE AREASELF CLOSING MECHANISM REQUIREDCUSTOM BUILT MDF CABINETSWITH WHITE LAMINATE FINISHTRANSACTION SERVICE WINDOWWITH MAX 216 SQ. IN. OPENABLE AREASELF CLOSING MECHANISM REQUIREDSOFFIT WITH 5/8" GYPSOM WALL BOARDSMOOTH FINISH WITH SEMI-GLOSS PAINT6" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.CUSTOM BUILT MDF CABINETSWITH WHITE LAMINATE FINISHSOLID SURFACE COUNTER-TOPPER FINISH SCHEDULETRANSACTION SERVICE WINDOWWITH MAX 216 SQ. IN. OPENABLE AREASELF CLOSING MECHANISM REQUIREDFIXED STOREFRONT SYSTEMEQ01EQ20EQ02EQ13EQ15EQ03EQ07EQ08EQ06EQ056" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.CUSTOM BUILT MDF CABINETSWITH WHITE LAMINATE FINISH6" HIGH CONTINUOUS EPOXYCOVE BASE WITH MIN 3/8" RADIUS.VINYL COATED GYPSOM DROP INGYPSOM CEILING TILES. SMOOTH FINISH,DURABLE AND 70% LIGHT REFLECTIVEEQ10EQ10EQ10EQ10EQ09SOLID SURFACE COUNTER-TOPPER FINISH SCHEDULESOLID SURFACE COUNTER-TOPPER FINISH SCHEDULESOFFIT WITH 5/8" GYPSOM WALL BOARDSMOOTH FINISH WITH SEMI-GLOSS PAINTCUSTOM BUILT MDF CABINETSWITH WHITE LAMINATE FINISHVINYL COATED GYPSOM DROP INGYPSOM CEILING TILES. SMOOTH FINISH,DURABLE AND 70% LIGHT REFLECTIVEEQ42EQ14EQ29EQ29EQ42EQ42EQ12EQ38VINYL COATED GYPSOM DROP INGYPSOM CEILING TILES. SMOOTH FINISH,DURABLE AND 70% LIGHT REFLECTIVEEQ17EQ17EQ17EQ12EQ42EQ17EQ17EQ38EQ24VINYL COATED GYPSOM DROP INGYPSOM CEILING TILES. SMOOTH FINISH,DURABLE AND 70% LIGHT REFLECTIVEVINYL COATED GYPSOM DROP INGYPSOM CEILING TILES. SMOOTH FINISH,DURABLE AND 70% LIGHT REFLECTIVEEQ29EQ19EQ11EQ09EQ11EQ09EQ21EQ09EQ17EQ17VINYL COATED GYPSOM DROP INGYPSOM CEILING TILES. SMOOTH FINISH,DURABLE AND 70% LIGHT REFLECTIVEEQ25EQ17EQ28EQ26EQ096" HIGH EPOXY COVE BASEWITH MIN 3/8" RADIUS.EQ43WALL MOUNTED SOAP AND PAPERTOWEL DISPENSER.6" HIGH CONTINUOUSSIDE SPLASHFIBERGLASS REINFORCED PANELING (FRP)TO BOTTOM OF CEILING. SMOOTH, DURABLE, EASILYCLEANABLE AND MIN 70% LIGHT REFLECTIVEFIBERGLASS REINFORCED PANELING (FRP)TO BOTTOM OF CEILING. SMOOTH, DURABLE, EASILYCLEANABLE AND MIN 70% LIGHT REFLECTIVE6" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.STAINLESS STEEL ELIASON DUAL SWINGKITCHEN DOOR WITH TEMPERED GLASSVIEW PORT WINDOW6" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.SOAP AND PAPER TOWELDISPENSERFIBERGLASS REINFORCED PANELING (FRP)TO BOTTOM OF CEILING. SMOOTH, DURABLE, EASILYCLEANABLE AND MIN 70% LIGHT REFLECTIVEFIBERGLASS REINFORCED PANELING (FRP)TO BOTTOM OF CEILING. SMOOTH, DURABLE, EASILYCLEANABLE AND MIN 70% LIGHT REFLECTIVE6" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.GALVANIZED ALUMINUMCOOLER BOXGALVANIZED ALUMINUMCOOLER BOXMIN 6" HIGH S.S. SIDE SPLASHREQ. BOTH SIDES6" HIGH CONTINUOUS EPOXY COVEBASE WITH MIN 3/8" RADIUS.MIN 6" HIGH S.S. SIDE SPLASHREQUIRED BOTH SIDESSEMI-GLOSS PAINT70% LIGHT REFLECTIVESOFFIT WITH 5/8" GYPSOM WALL BOARDSMOOTH FINISH WITH SEMI-GLOSS PAINT6" HIGH WOOD BASESOLID SURFACE COUNTER-TOPPER FINISH SCHEDULETRANSACTION SERVICE WINDOWWITH MAX 216 SQ. IN. OPENABLE AREASELF CLOSING MECHANISM REQUIREDTEMPERED GLASS FIXED STOREFRONT SYSTEMSLIM BRICK WALL VENEER.SOFFIT WITH 5/8" GYPSOM WALL BOARDSMOOTH FINISH WITH SEMI-GLOSS PAINTFIBERGLASS REINFORCED PANELING (FRP)TO BOTTOM OF CEILING. SMOOTH, DURABLE, EASILYCLEANABLE AND MIN 70% LIGHT REFLECTIVEABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2025
1 EXISTING ALUMINUM STOREFRONT SYSTEM TO REMAIN.2 EXISTING DECORATIVE RECESSED TILE BRICKS TO REMAIN.3 EXISTING 78" MIN THICK STUCCO CEMENT "SMOOTH FINISH" TO REMAIN.4 EXISTING PRECAST COURSE BELT TO REMAIN5 EXISTING PRECAST CONCRETE CORNICE MOLDING WITH PARAPET CAP FLASHING TO REMAIN.6 EXISTING PRECAST CONCRETE LINTEL TO REMAIN7 EXISTING 78" MIN THICK STUCCO CEMENT "SMOOTH FINISH" TO REMAIN.8 EXISTING WIRE CUT BRICK WALL VENEER OVER 1/4" MORTAR BED.9 EXISTING BRASS DRAIN PLATE COVER TO REMAIN.10 EXISTING PRECAST CONCRETE CORNICE MOLDING WITH PARAPET CAP FLASHING TO REMAIN.11 EXISTING 78" MIN THICK STUCCO CEMENT "SMOOTH FINISH" TO REMAIN.12 EXISTING CONCRETE BLOCK TRASH ENCLOSURE TO REMAIN13 LINE OF PARAPET BEYOND14 EXISTING SOLDER COURSE BRICK WALL VENEER TO REMAIN15 EXISTING EXTERIOR LIGHT FIXTURE TO REMAIN16 EXISTING WALL MOUNTED ROOF ACCESS LADDER TO REMAIN.17 EXISTING TEMPERED GLASS STOREFRONT SYSTEM TO BE REMOVED AND OPENING TO REMAINOPEN.EXTERIOR ELEVATION KEY NOTESEXISTING SOUTH ELEVATIONSCALE: 1/4" = 1'-0"4EXISTING EAST ELEVATIONSCALE: 1/4" = 1'-0"1EXISTING WEST ELEVATIONSCALE: 1/4" = 1'-0"2PROPOSED SOUTH ELEVATIONSCALE: 1/4" = 1'-0"5PROPOSED WEST ELEVATIONSCALE: 1/4" = 1'-0"3OPENOPENOPENOPENOPENOPENOPENABCDESHEETOFSHEET TITLECOPYRIGHT:PERMIT NO:CAD DWG FILE:DRAWN BY:CHK'D BY:DESCRIPTIONDATEMARKECONSULTANTSSTAMPREVISIONSPROJECT TITLEPROJECT ADDRESS645321645321626 ISIS AVENUE, INGLEWOOD, CA 90301EMAIL: WRIGHTDESIGNSTUDIOS@GMAIL.COMPHONE: 310-750-8939DATE SIGNED:2200 WEST OCEANFRONTNEWPORT BEACH, CALIFORNIABLDG 1100-2020 / HEALTH SR0142463 2020 HANDEL'S NEWPORT BEACHFRANK WRIGHT FRANK WRIGHTHEALTH DEPARTMENT CORRECTIONS1 7/30/20TENANTCKW ENTERPRISES, LLC1299 HOLMGROVE DR., SAN MARCOS, CA 92078858-336-4854mechanical electrical plumbing1355 N. 3775 W., Cedar City, UT 84721Tel: 818.355.0225 Fax: 805.277.3655darryl@murrayengineer.comCONSULTANTS7071 WARNER AVE, HUNTINGTON BEACH, CABLDG & PLANING CORRECTIONS1 7/30/2009-16-2020BLDG & PLANING CORRECTIONS2 9/16/20HEALTH DEPARTMENT CORRECTIONS2 9/16/2026
From:Deforest Cooper
To:CDD; mwhelan@newportbachca.gov; Whelan, Melinda
Cc:Nathan Fransen
Subject:RE: Activity No. UP2020-170; Project File No. PA2020-223 -- HANDEL"S HOMEMADE ICE CREAM
Date:Thursday, October 29, 2020 9:30:24 AM
Attachments:Declaration of Wardell in Support of Preliminary Injunctino_(WARDELL).pdf
Motion for Preliminary Injunction_(WARDEL).pdf
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To Whom It May Concern:
Please find the following list of documents below, attached to this email. These documents are in
support of Handels opposition minor use permit.
Please contact our office with any questions.
Thank you.
Respectfully,
Deforest L. Cooper
Legal Assistant for F&M, LLP
Direct | 951.547.2045
E-mail | deforest@fmattorney.com
Fax | 951.277.7598
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Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
Electronically Filed by Superior Court of California, County of Orange, 09/23/2020 08:33:00 AM.
30-2020-01155372-CU-CO-CJC - ROA # 23 - DAVID H. YAMASAKI, Clerk of the Court By Jonathan Aguilar, Deputy Clerk.
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Ivan Paul Cohen
LAW OFFICE OF IV AN P. COHEN
19 Gingerwood
Irvine, California 92603
Tele]?,hone: (714) 931-2240
Email: ipc4law@gmail.com
State Bar No. 171686
Attorneys for Plaintiff,
JAMES WARDELL AND NATTIE HA
SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ORANGE
CENTRAL JUSTICE CENTER
JAMES WARDELL, an individual and
NATTIE HA, an individual;
Plaintiffs,
vs.
SURFER BUILDING, LLC, a California
limited liability company, DOES 1 through
10, inclusive
Defendants,
Case No. 30-2020-01155372-CU-CO-C JC
ASSIGNED FOR ALL PURPOSES TO:
Hon. Judge Layne H. Melzer
Dept. C-12
Date Filed: August 14, 2020
DECLARATION OF JAMES WARDELL
IN SUPPORT OF MOTION FOR
PRELIMINARY INJUNCTION AND
SUPPORTING MEMORANDUM OF
POINTS AND AUTHORITIES
ate: February 11, 2021
ime: 2:00 p.m.
epartment: C-12
ocation: OCSC -Central Justice Center
eservation Number: 73378738
Wardell, et. al. v. Surfer Building, LLC, et. al.
Declaration of Ja mes Warde ll
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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28 DECLARATION OF TAMES WARDELL I, James Wardell, declare: 1.I am over the age of eighteen and am competent to make this declaration.statements made herein are true and correct and if called to testify, I would do sconsistent with the statements made herein.2.Attached hereto, marked as "Exhibit A" is a true and correct copy of a Leasbetween Randy Larscheid and California Chicken Kitchen, LLC, that I waprovided when I purchased the "Urban Cup" restaurant in July of 2019. The leasis for the property located at 2200 W. Oceanfront, Front Unit, Newport BeachCalifornia (the "Premises"). Also attached is a lease addendum that was executeby the parties, which is marked as "Exhibit B".3.My partner Nattie Ha and I purchased "Urban Cup" restaurant from AidaNguyen and Hieu D. Do in July of 2019, who had acquired the business, and werassigned the lease for the property at which the restaurant was located froCalifornia Chicken Kitchen, LLC.4.Nattie Ha and I purchased "Urban Cup" on or about July 2, 2019. The purchasprice for Urban Cup was $400,000, of which $150,000 was placed into an escroaccount. Pursuant to the business sale agreement, upon the landlord's approval othe lease assignment, Nattie Ha and I would pay Nguyen and Do $250,000.00 animmediately take over the business. Attached hereto is a true and correct copy othe purchase agreement, titled "Agreement to Sell Business", marked as "ExhibiC".5.On July 16, 2019, an Assignment and Assumption of Lease and Consent tAssignment was executed by the landlord "Surfer Building, LLC" (hereafte"Surfer"), Aidan Nguyen, Hieu D Do, and Ha and I (the "Assignment"). A truand correct copy of this Assignment is attached hereto and marked as "Exhibit D"2 Wardell, et. al. v. Surfer Building, LLC, et. al.
Declaration of James Wardell
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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The assignment provided that Nattie Ha and I, as the assignees, would have al
rights and obligations that were associated with the Lease.
Assignment, Surfer required us to submit an application and supportin
documentation. We complied with this request.
6. On July 15, 2019, Nattie Ha and I met with a representative of Surfer, along wi
the former owners of the Urban Cup. At this meeting, I asked the Surfe
representative about the Lease, and specifically about extending the Lease.
informed the Surfer representative that Plaintiffs wished to exercise the option t
extend the lease and proposed furnishing the written notice to the Surfe
immediately. In response, we were informed, by the representative of Surfer that i
was unnecessary to provide the written notice immediately, since the lease still ha
another nine months to run, that the extension would not be an issue, and that ·
the middle of March 2020, Surfer would send a letter to us, notifying us to provid
Surfer with the written notice to extend the lease. The Surfer representative state
to us to "Wait for the Mail". The representative further went on to describe an extr
unit in the back of the Premises that would be available for renting as well. It wa
based on these representations and assurances that Nattie Ha and I completed th
purchase of the Urban Cup and signed the Assignment of Lease.
7. As a result of Covid-19, our business suffered great loss in March of 2020.
inquired of Surfer if we could get a temporary reduction in rent, which we woul
make up in later months. Surfer agreed to the request.
8. On or about April 4, 2020 Surfer addressed a letter to Nattie Ha and I, stating tha
since the option to extend was not exercised, it had lapsed and that Surfer woul
retake possession of the leased premises as of October 1, 2020.
9. On April 8, 2020, the representative from Surfer, Laura, called us and told us tha
since she did not receive a request to extend the Lease, it would be terminated o
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Warde ll , et. al. v. Surfer Building , LLC , et. al.
Declaration of James Wardell
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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September 30, 2020. I immediately expressed surprise and explained that it ha
only been a few months since we paid $400,000 to purchase the restaurant and ha
spent tens of thousands of dollars on repairs and upgrades to the Premises. I state
clearly and emphatically that we wished to extend the Lease, as we had state
previously in July of 2019. Laura responded that she wanted to have access to th
Premises to take some measurements and renew the property insurance, an
would thereafter advise of her decision.
10. On April 9, 2020, I sent a written confirmatory letter of their intention to exercis
their lease extension, as had been discussed previously. On April 9, 2020, Laura, he
husband and one other person entered the Premises and took some measurements.
On April 10, 2020, Laura called me and stated that she would not be allowing th
Lease to be extended.
I declare under the penalty of perjury under the laws of the state of California that th
statements made herein are true and correct.
DATED: September 22, 2020
'.~·
~WARDELL
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Wardell, et. al. v. Surfer Building, LLC, et. al.
Declaration of James Wardell
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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EXHIBIT II A"
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Wardell , et. al. v. Surfer Building, LLC, et. a l.
Declaration of James Warde ll
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
This Lease (11Lease") dated as of September 4, 2015 is entered !nto between Su.rf er Building, LLC ("Landlord") and Randy Laracheid ndividual'ly an,d, dba California Chicken Kitchen, Ltc, ("Tenant"). I . .
' I
sect:i.on 1. PJ:emises •
Landlord le~ses to Tenant and Tenant leases from Landlord 2200 w. Oceanfront, l!'rort Unit, Newp~rt Beach, California ("Premises").
j Seot:J.on 2. Te:m..
(a) The tepn of this Lease is for five commencing on Obtober 1, 2015 and ending on extended by exe~cise of one or more options
( 5) years ("Term"},
September 30, 2020 unless
as set forth below.
Sectionl 3. Rental Terms, Option and Secm:ity Deposit. I
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(a) Rent. Tne rent shall ba seven thousand two hundred sixty and no/100 Dollars t$?,260.00) ("Rent") per month, payable in advance to Landlord, on orlbefo~e the first of the month at the address of Landlord statedlin this Lease .or at another location Landlord may designate. I
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(b) Rent In~reaees. Upon the first anniversary date of the Leaae,{October ~, 2016) and each annual anniversary date of the Lease thereafter, ("Anniversary Date"), including the Extension Periods, if any, the Rent shall be increased, but not decreased, by the change in the Consumer Price Index, Clerical Workers, or such other similar index should that no longer be available, for the Orange County area over the Consum4r Price Index as of the Anniversary Date immediately prior. ThQ for~going not withstanding theie shall be an increase in the Rent on eacli Anniversary Date of no lees than Two percent (2%) and no more thax{ Five percent { 5%) • . . .
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(c) Optiod to Extend. Landlord grants xenant two (2) option~ to extend the L~1aee Term (the "Extension Options") for a period of five (5) years aoh, (the "Extended Term"), subject to the conditions described in th s Section 3(b). Tenant shall provide Landlord with no less than onj hundred eighty {180) days advance written notice prior to the exp~ration of the Original Tenn, or an Extended Term if applicable, of ~is intention to exercise the Extension Option. Tenant shall hav.e no other right to extend the term beyond the Extended Term ot~er than as set forth herein. The Extension Option is subject to the following conditions: (a) Th~ Extension Option may be exercised onl'c by written notice delivered by Tenant to Landlord as provided int is section 3(c) and.only if, as of the date of delivery of the otice and as of the date of the expiration of the Original Tem, or an Extended Term if applicable·, Tenant is not in
\
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. EXHIBIT "A"
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
defa~lt under this Lease; (b) If Tenant properly exercises an Extension Option and is not -in default under this Lease as set forth above, the Original Term, as it applies to the entire Premises then leased by Tenant, shall be extended for the Extended Term. The Extension Optio,n is personal to.Tenant only and shall, should Landlo~d approvQ an assignment of the Lease, expiie and not t~ansfer to any approved assignee, The second Extension Option may only be exercised by Tenant if the first Extension option has been exercised by Tenant.
{d) Exten~ed Term: Rent. In .the event that Tenant exercises any Option to Exte~d the Lease then such Extended Texm shall be upon the same terms and conditions as otherwise set forth in this Lease, except that the Rent then in effect Bhall be adjusted, as described herein, effective as of the first day of the Extended Term. Not more than thirty ( 30) days after deli very of such notice, Landlord and Tenant shall m~et to negotiate the new Rent. The new Rent shall be established atl the current market rate for similarly appointed, located and . used apace in the area, including if applicable, percentage rents or key money, at the time of.the renewal, or at the time of any subsequent :r:enewal or extension thereof. Should by ninety ( 90) days prior to the last day of the Term La.ndlord and Tenant be unabl,e to agree on a new Rent, Landlord shall select and retain a licensed Real Estate Appraiser to determine the then current market rate. T~e parties agree to share any fees or.e~penses related to 'the appraiscll. Landlord and Tenant agree that the Appraiser's determination of the then current market rate shall be the new Rent, and shall be final and binding.
(e) Discounted Rent. For the months of October, November and December 2015 only, Rent shall be thQ sum of Three thousand five hundreo an~ no/~00 Dollars ($3,500.00).
(f) seouriJy Deposit. · on or before the execution of the LeasQ Tenant shall de~osit with Land1ord the sum of·Ten thousand and no/100 Dollars ($10,000.00) as and for the security for Tenant's faithful performance of .the terms of this Lease. Landlord shall have no obligation to segregate said security deposit and Tenant shall have no right to re~eive interest on said security deposit. Landlord shall use and re~urn said security deposit consistent with California Law. !
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Seat:a.on 4. use and ConcU.1::i.on.
(a) The Premises are to be used for a restaurant and similar. consistent usee,land no part of the Premises shall be used for any different.purpos~. Tenant shall not sell shave ice or soft serve ice cream. Tenant s~all not do or permit any act to be done that will increase the exi~ting rate or cause cancellation of insurance on the F~emioeB or w111\cause a substantial increase in utility services '
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nd.rmally .supplied to the Premises. Tenant shall comply with all statutes, ordinances, regulations, and other requirements of all governmental entities that pertain to the occupancy or use of the Premises, and With all rules and regulations that may be adopted by Landlord for t~e safety, care, and oleanline~s of the Premises and the preaervati9n· of good ozder on the Premises . Any suoh rules and regulations ar~ expressly made a part of this Lease.
(b} Tenant has inspected the Premises and accepts the same in its as is wher~ is condition. Tenant shall satisfy himself that the Pr~mise~ ia ap~ropriata for Tenant's use and Tenant shall take full responsibilityifor obtaining, and maintaining, all appropriate licenses and p~rmits to operate its business at the Premises.
(c) Landlo,rd informs Tenant that no Certified Access Specialist has inspected the Premises to detexmine their conformance, or non-conformance, w~th rulee, regulations, ordinances or statutes relative to the AmQrioa~ With Disabilities Act or like provisions. Landlord makes no repre~entation as to the same and Tenant accepts the Fremises witho~ such representation or inspection. In the event that it is determine~ that the Premises must be modified to comply with any such requir~ents then Tenant shall, at Tenant's sole expense, bring the Premi~es into compliance.
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I Seot:2.on S. A1t:ez-ations. i
I Landlord shall not be re~ponaible for any alterations to the Premises. Tenant shal1 make no alteration to the Premises without the prior written consent of the Landlord. Al1 alterations shall be performed by a licensed and insured contractor.
Any alteraiion to the Premises without the prior written consent of Landlord .sha+l b9 a breaoh of this Lease and, at the option of Landlord, shall ;oausa a teJ:'rnination of this Lease . At the end of the ~erm any alteration to the PxGmieea ohall, a t Landlord's sole discretion, becqme the property of Landlord or be removed by Tenant at Tenant's exp~nse such that the Premises are returned to their condition prior :to such alteration.
Seotion 6. Parking.
Tenant is p~ovided with no off street parking.
SacUon 7. :tnsw:ance.
Tenant shall! pay for and maintain insurance throughout the l i fe of this Lease wi~h general liability coverage of One Million and no/100 Dollars (»1,000,000.00) minimum coverage per occurrence and all risk glaee coverage tor full cash value. Should Tenant obtain a
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California Department of Alcoholic Beverage control License then ~e~~~~ ~h~il a~so obtain liquor liability coverage of One Million and i O
· 0 are· ($1,000,000.00) minimum coverage per occurrenoe 1enant will fu;nish Landlord with proof of insurance issued by 1 an nsurer approv d by Landlord showing the coverage to be in force and showing Landlo _d as a named insured for all periods of the Te.rm. La~dlord and Tenant each waiva the rights of subrogation that may arise against the other oeoauae of any act covered by insurance. Said insur~ce ~ill contain a provision whereby the insurer must give Landlord thirt~ ("30) days advance written notioe prior to cancellation f~~ any reason.
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Seot:l.on 8. Default,
Each of the; following shall be an Event of Default under this Lease;
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I (a) If Tena~t fails to make any payment required by the provisions of this Lease, WhQn due; · . . .
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(b) If Tena~t fails •within twenty (20) days after written notice to correct any ,reach or default of the other covenants, terms, or conditions of t~is Lease; .
(c) If Tenarit vacates, abandons, or surrenders the ~remises prior to the en4 of the Term, and
(d) If all qr substantially all of Tenant's assets are placed in the hands of a receiver or trustee, and that receivership or trusteeship continues for a period of thirty (30) days, or if Tenant makes an assigmdent for the benefit of creditors or is adjudicated a bankrupt, or ifi ~enant institutes any proceedings under any state or federal bankrup cy aot by which tenant seeks to be adjudicated a bankrupt or see to be d~schargQd of debts, or i£ any vo1untary proceeding is fi~Qd aga~n~t Tenant under any bankruptcy laws, and Tenant consents or acquiesces by pleading or de£ault. !
I Seotion 9. 1\emedies.
Upon the occyrrence 0£ an Event of Default under this Lease by Tenant, Landlord\is entitled a~ Landlord's·option to the following:
(a) to reenter and take exclusive possession of the Fremises; I . j . (b) to colleet iltlmediately the present value of the unpaid rent reserved ~or th&\e~tire term, or to colleot each installment of rent as it becomes dui;
_(c) to conti4ue this ~ease in force or to terminata it at any time; t
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(d) to relet .the Premises for any period on Tenant's account and at Tenant's expe~se, including real estate commissions actually paid, and to apply the p~ooeede received during the balance of Term to Tenant's continuing obliaations under this Lease,
(e} to tak~ custody of all personal property on the Premises and to dispose of bhe personal property and to apply the proceeds from any sale of th~t property to Tenant's obligations under this Lease;
(f} to rectjver from Tenant the damages described in Civil Code § l95l.2(a) (1),1195l.2(a) (2), 1951.2(a) (3), and l951.2(a) (4), the provis~ons of which are expressly made a part of this Lease, I
(g) to restrre the Premises to the same condition as received by Tenant, or to a~ter the Premises to make them suitable for --.. reletting, all at Tenant's expense; and I
(h) to enforce by suit or otherwise all obligations of Tenant under this Lease and to reoover from Tenaijt all remedies now or later allowed by law. ·
Any act tha~ Landlord is entitled to do in exercise of Landlord's rights upon an Event of Defa~lt may be done at a time and in a manner dee~ed reasonable by Landlord in Landlord's sole disc~etion, and.Tenant irrevocably authorizes Landlord to act in all thinga done on ~enant•s account. I
sao;i.on 10. Maintenance and aepai:.:s.
Tenant ackn~wledges that the Fremises are in good and safe condition and a~rees to maintain the ?remises 1n good and safe condition, including p1umbing and electrical systems, a1l interior surfaces of wall~, tha windows, p1ate g1aos, doore, and the inter~or surface of the c~ilinqs, and all fixtures or equipment installed by Tenant. Tenant p~omisea to surrender the Premises at termination of this Lease in the same condition as received, except for normal wear and tear and exc~pt for changes authorized by Landlord should Landlo~d elect tp accept said changes at the end of the Term. Tenant ·agrees to make n~ repairs at the expense of Landlord.
Landlord agrt,s to maintain in good and safe condition the roof, exterior walls a~d foundation of the building.
i · I Seceion 11. Estcppel cei:t:U!:Loat.e.
At any ·time ~:ithin ten (lO) days after request by Landlord, Tenant shall exe ute, acknowledge, and deliver to Landlord, without charge, a wr1tte statement certifying that thie Leaee is unmodified
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. arid.in full force, or if there have been modifications, that it is ·in full force as modified. The statement shall also contain the date of commencement of this Lease, the dates to which the rent and any other charges have been paid in advance, and any other information ~a~dlo~d raaeonably ~equests. It is acknowledged by Tenant that anr statement is intended to be delivered by Landlord to and ~elied upo~ by pro5pective purchasers, mortgagees, deed of trust beneficiaries, land assignees. .
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Section 12. Severabil:Lt.y.
The invali~ity of any portion of this Lease shall not affect the remainder, and rny invalid portion shall be deemed rewritten to make ~t valid so as ~o carry out as near as possible the expressed intention of th~ parties.
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setion 13. Aasigrmi,eni: 02: Subletting.
Any assigrun~nt or subletting of any portion of the Premises, whether by oper~tion of law or otherwise, without pri9r written consent of Landiord, which consent will not be unreasonably withheld, is void and shail be a breach of this Lease, and at the option ot Landlord, shall :terminate this Lease.
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I Section 14. Ent?:y.
Land1ord reserves the right to enter the Premises at reasonable times to carry out any building management or business purpose in or about the build~ng, without any abatement of rent.
section 15. Signs.
' Tenant shal~ not plaoe or permit to be plaoect in, upon, about, or outsidQ the ~remiees any s~gn, noticQ, drapes, shutterB, b1~nds, or display of any kind, without the prior written consent of Landlord. Any $igns approved by Landlord shall, at Tenant's sole responsibility, pomply ·with any.and all ordinances, regulations and laws of the ap~7opr~ate governmental agencies.
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: Seot:Lon 14. Bol.d.1.ng OVeJ:.
This Lease) all terminate without further notice at the expiration of thb Tez-m or Extended Feriod, if any. Any holding over shall not consti~ute a renewal or extension. In the event of a holdover the Renf shall be increased to One hundred fifty percent (150%) of the Rent being oharged· immediately prior to the holdover. l..
SeoUoil 1'7. Dea=uai:i.on and condemnaUon. i
(a) I! tne Ptemises are damaged at no fault of Tanant to an
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e~tent that cannot be lawfully repaired within sixty (60) days after · t e date ot damage, which period may be extended should any ~overnmental approval be delayed beyond said period, this Lease may e tetminated by written notice of either party. If the Premises can be repaired wit~in the sixty (60) day period, or if this Lease is not terminated in a~oordance with this provision, Landlord shall proceed with repairs as\ neoeesary, subject to a proportionate reduction in the rent, based! on the extent to which the damage and repairs shall interfere with ~he business of Tenant on the Premises. In case of damage to one-third (1/3) or more of the building in which the Fremiaes are lobated, Landlord may elect to te:rminate thfa Lease, whether .the Premises are damaged or not. Tenant waives t~e benefits of Civil Code§§ 1932(2) and 1933(4). In case of a disput• between the parties'with respect to Section 17, the matter shal~ be settled by arbitration in a manner as the parties may agree on, or if they cannot agree, in accordance with the rules of the American Arbitration Association. I
' {b) If all qr any portion of the Fremises are condemned or are transferred in lieu of condemnation, Landlord or Tenant may, upon written notice given within sixty (60) days after the taking or transfer, termi~ate this Lease. Tenant shall not be entitled to share in any por,tion of the award, and Tenant expressly waives any right or claim ta any part of the award. Tenant shall, however, hav~ the right tp claim and recover, from the condemning authority only, but not frbm Landlord, any amounts neoesaary to reimburse Tenant for the cost of removing stock and fixtures. !
(o) If the Premises are damaged due to the fault of Tenant then Tenant shall cause said damage to be repaired, at Tenant's sole cost, within sixty {60i days, or suoh additional time as may be reasonably required, after ~he date of damage. In this instance there shall be no abatement of Rent during the period of ~epair. Should Tenant not diligently pursue repair of the Premi.&Qs then ~enant sha11 be deeme4 in breach of this Lease and Landlord shall be entitled to pursue its remedies set for~h in Section 9 hereinabove.
seotion 18. Indemnity.
Tenant agree~ to indemnify, hold harmless, and defend Landlord from all claims ~nd liability of every kind, including court costs and attorney fee~, arising in any way from any .occurrence on the Premises, or rel~ted to the use or occupancy of the Premises.
Seotion 19 .. i Landl.o~d•s-ai9ht to Pe:~o=m Bo~ ~enant.
If Tenant faiis to perform any obligation u·nder this Lease, Landlord shall bel entitled to make reasonable expenditures to cause proper performanc~ on Tenant's behalf and at Tenant's expense, and Tenant promises t? reimbur~e ~andlord for any expenditures within
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ten (10) days after written notice from Landlord requesting · reimbursement, and failure of Tenant to make the reimbursement shall be deemed to be a default the sama as a failure to pay an installment of rent when due. All obligations of Tenant to pay money are payab·11e without abatement, deduction, o~ offset of any kind. .
Section 20 . No~icas.
•.Any notice ~nder this .Lease shall be given by maili ng the notice, postage1prepaid, by certi fied mail, return receipt . requested, to T~nant at the Premises or any other add~ess set forth adjacent to Tenant's signature below and to Landlord at the address set forth adjao~nt to Landlord's signature below, or to any other place designate~ in writing by the parties .
Seat::l.on 21. Attorney B'eee.
In any aoti~n or proceeding by either party to.enforce this Lease or any prqvision of this Lease, t he prevailing party shall be e ntitled to recover reasonable attorney feea and all other costs incur~ed.
secc:Lon 22. Legal B£lect.
All obligatipns of Tenant are expressly made conditions of thie Lease, any breach of which shall , at th~ option of Landlord, terminate this Lease.
Sect:l.on 23 • '1':i.1:l.es •
The titles o~ headings to paragraphs shall interpretation ot provisions.
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i seed.on 24'. succeseoz:-a.
ha~e no effect on
The provisions of this Lease shall apply to and bind the heirs, successors, and Assigns of the parties. I
I section 25. Waive1:.
I The failure qf Landlord to enforoe a provision shall not be deen\ed a waiver for any purpose. i
of this Lease
I s~ot:ion 26. Entire Agreement..
This Lease sdpe~sedes all oral discussi on among the parties and shall constitute ithe entire agreement of the parties, and may be modified only by~ writing signed by the parties.
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Seot:Lon 27. Late Chuge. I
If rent is :not paid within Ten (10) days after the due date Tenant agrees to pay a late charge of sue percent (6%) of the R~nt then due plu~ interest at Ten peroent (lOt) per annum on the d~linquent Rent. Tenant further agrees to pay to Landlord Thirty-five and no/loq Dollars ($35.00) for eaoh dishonored check.
I . Secst:i.on 28. i!:Lme of the Essence.
Time is of the essence in the performance of Tenant's obligations undrr this Lease.
·1 Sact:ion 29. Subo:clination .
This Lease,:at Landlord's option, shall be subordinate to the lien of any first de~d of trust or first mortgage subsequently placed upon the !real property of which the Premises are a part, and to any advancea :made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions; proiided, however, that as to the lien of any deed of trust or mortgage, Tenant's right to quiet possession of the Premises shall rlot be disturbed if ~enant is not in default and so long as tenant P,ays the rent and observes and perfonns all of the provisions of t~is Lease, unless this Lease is otherwise terminated pursuant to its ~erms. If any mortgagee, trustee, or ground lassor elects to have this Lease prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this Lease shall be deemed prior to that mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of that mor~gage, deed of trust, or ground lease or the date of recording. \ .
\ SocUon 30.. Govm:n:1.ng Law.
Thi s Lease s~all be governed by and construed in accordance with California law. 1
. ·sect1on 31. Prope~ty maxeo. '
Landlord shill be responsible for the payment of all base year Real Property ta~es and assessments levied against the Premises. The base year shall tie defined as the 2015-2016 tax year. Tenant shal l be responsible fqr the payment of one twelfth (i/12) of any increase i n Real Property ~axes and assessments levied against the Premises i n exceea of the ba4e year property taxes and assessments.
Tenant
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Section 32. Additional aent.
responsible to pay to Landlord Tenant's
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proportionate ~hare of the Common Area Operating expenses, That sum shall be One h~ndred sixty-seven and no/100 Dollars ($167.00) per month for the-Term of this Lease. Should Tenant exercise any option as set forth a~o~e then the common Araa Operating expenses shall-be adjusted to Te~ant'a then actual proportionate expenses and paid monthly by Tenant to Landlord. ·
Any monet~ry obligation of this Lease shall be considered rent.
Section 33. Baza:dous SuJ:>stanaes
(a) 'I'he te~ "Hazardous Substance" as used in this Lea1;1e shall mean any produo~, substance, or waste whose presence, use, manufacture, di~posal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is. either: (i) potentially injurious to the public health, safety or welfa~e, the environment or the Premises, (ii) regulated or monitored by an¥ governmental authority, or (iii) a basis for potential liabi+ity of Landlord to any governmental agency or third party under any ;apelioable statute or common law theory. Hazardous Substa~ces shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereqf. Tenant shall not engage in any activity in or on the Premises wh~ch constitutes a Reportable Use of Hazardous Substances with9ut the exprees prior written consent ot Lessor and timely oompliange (at Tenant's expense) with all applicable . requirements. ''Repoxtable Use" shall mean ( i) the installation or use of any abov~ or below ground storage tank, (ii) the generation, possession, sto~age, use, transportation, or disposai ·of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with any gover~ntal authority, and/or (iii) the presence at the Premises of a Ha• ardous Substance with respect to which any · applicable requi ements requireo that a notice be given to persons entering or ocou~ying the Fremieee or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materi~ls reasoQably required to be used in the normal course of the agteed upon use so long as such use is in compliance with all applic~le requirements, is not a Reportable Use, and does not expose the Pfemises or neighboring property .to any meaningful risk of contamination or damage or expose Landlord to any liability therefore. 1
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(b) If Ten4nt knows, or has reasonable cause to believe, that a Hazardous substance has come to be located in, on, under ox about the Premises, other j'han as previously consented to by Landlord, Tenant shall immediatel give written notice of such fact to Landlord, and provide Landlo~d with a oopy of any report, notice, claim 6r other documentation wh ch it has concerning the presenoe of such Hazardous substance. ( -
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. (c) Tenant shall not cause or permit any Hazardous Substance to · be spilled or ~eleased in, on, under or about the Premises and shall promptly, at !~?ant's expense, take all investigatory and/or remedial action reasonaDi-1-y recommended, whethe~ or not formally ordered or recpiired, for t~e cleanup of any contamination of, and for the ma~ntenance, security and/or ~onitoring o! the Premises or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving ·any Hazardous Substance brought onto th~ Premises during the term of this Lease, by or for Tenant, or any ~hird party.
(d) Tenant shall indemnify, defend and·hold Landlord, its agents, employe$s, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties ·and a~torney's and consultant's fees arising out of or involving any H~zardous ·substance brought onto the Premises by or for Tenant, or any ~hird party. Tenant's obligations shall include, but not be limited ~o, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of :investigation, removal, remedi~tion, restoration and/or abatementi, and shall survive the expiration or termination of this Lease. 1
(e} Landlopd and its successors and assigns shall indemnify, defend, reimburs, and bold Tenant and its employees harmless from and against any and all environmental damages, including the cost of remediation, which existed as a result of Hazardous Substances on the Premises prior to the Effective Date of this Lease ox which are caused by the gross negligence or willtul misconduct of Landlord, its agents or employ~es. Landlord's obligations, as· and when required by the applicable r~quirements, aha~l include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and s~a11 survive the expiration o~ termination of this Lease. I
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[Signatuz:e page a'tt:aclled1
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Signature =e to ~se between Sw:£er su:l.ld:l.Dg, i;r,c and .Rancw sclJa!l.d, dba C'aJ:U'oJ:m.a Cla:f.at'en Ia tchen. '
Tha parties havr executed this Lease on the date first written above. ·
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Manager ·
I California Chic~en Kitchen, LLC
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EXHIBIT "B"
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Wardell, et. a l. v. Surfer Building, LLC, et. a l.
Declaration of James Warde ll
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l\l)DBNJ>OM WO l',EUB OF 2200 W. ~, um:w : Bl!l ... StJUBR BU:tx.pma.#ciim
. NWDY ~cam, J>BA eu,Xl'O~
IOKEN' tl1011!'im
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THIS ADDENDUM s~all be inco~porat nt and be a part of-that ce:ta~n Lease e~ecuted on~gtist _, 15 by and between. surfer ~uilding, LLC and Randy Larsoheid, dba California Chicken Kitchen and in all aspects rhall be interpreted as part and parcel of the Lease.
Additional _Consideration. As and for additional consideration for Laadlord enteri*g into the Lease with Tenant Tenant agrees to pay to Landlord the sllrt\ of One hundred thousand and no/100 Dollars . ($100,000.00) to be paid as follows: . Twent~-five thousand and no/100 Dollars ($25,000.00) on or ~efore execution of th~a Lease; Twenty-five thousand and no/100 Dollars ($25,000.00} on or before March 15, 2016
Twenty-five thousand and no/100 Dollars ($25,000.00) three qundred sixty-five (365) days after the open'ing of the ~estaurant for business; and TwentYi-five thousand and no/100 Dollars ($25,000.00) on or ~efore twenty-four (24) months after the opening of the restaurant f~r business.
Conditional use Permit. Tenant shall apply for a conditional Use Permit for the serving of beer and wine at the ~remises within fifteen (15) months.of opening the restaurant for business. Landlord agrees to cooper~te with Tenant in the application process and shall pay seventy-fivelpercent (75%) of the governmental fees required in the application ~rocess. Tenant's failure, through no fault of Tenant, to obtain the Conditional Usa Permit sha11 not be a breach or the Lease and sh,11 not re1ease Tenant from any obligation under the Lease. In the event that the Conditional Use Pe.rmit is granted it shall be grantedjin such a ·manner as Landlord may continue with such conditional use at the Premises upon the expiration of the Lease, whether due to e~iration of time or due to Tenant's default. I . Californ-ia Depar~ment of Alcoholic Beverage Control. Should Tenant receive a lioens~ to sell alcoholic beverages at the Premises issued by the California Department of Al.coholic Bevarage Control ("License"} then,lon the Expiration of the Lease or at any other time should Tenant sejl the License Landlord shall have the right of first refusal to puroh~se the License. Tenant shall give Landlord written notice of the ter-ms and conditions of any bona fide sale of the License. Landlor~ shall h~ve ninety-six hours (96) to acoept the terms of said sale by written notice given to Tenant, In said event Landlord shall perform the terms a~ noticed by ~enant. Should
; 13 EXHIBIT "B"
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~~ndlord reject the terms or not timely and in writing accept the ~ te:cms then Ten~nt shall be able to proceed with the sale of the License as not~ced. In the event that said sale should either change in its terms or not close then the right of first refusal shall revive and Tenrkt shall give notice to Landlord as set forth herein .
hicken Kitchen
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EXHIBIT "C"
7
Wardell , et. a l. v. Surfer Bui lding, LLC , et. al.
Declaration of James Wardell
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
AGREEMENT TO SELL BUSINESS
Today :
'.N:~_:::_ N:~~ft.;i!J:1d.<t:tuJll'.1,l _l:(_WJ.. ~ .o.. _C!A1&_ a.u.nni ~ _ ~J~
a~ Sel1er , And_. :1({;;1TIL. -Ait .(" Ja.11?1 £, ~ ff [A/ iiiiWr --
·· · ·--.. ··-... ______ ------------------.,---_,of
--· . -··-···-·--:-;---;~~-:-:----::-:---=----:--~------------as Buyer, hereby
.1gree that the Seller shall sell tU1d the Buyer shall buy the following described property UPON THE
TERMS AND CONDITIONS HEREINAFTER SET FORTH, which shall include the STANDARDS
FOR REAL ESTATE TRANSACTIONS set forth within tMs contract.
1 l .. LEGAL DEffRIPTJON of Business located in .!2,..2 f)?JN~i {}/Mn J;r,cmf _
N01Aifrl ~,~ T (212tvn@R, Cow1ty, State or_c!JPljbc/,'\if!c:._ q.i~ i _
·2. PURC~HASE PRICE 'fb; u?W&2,cLiJ funuollA\r! Cit 400, 0/){) gm ) Dollars.-
Method ,Jf Payment:
(a) Deposit to be held in tl'Ust by J. B fSe,royV $ l 5"0, DOD · 8.12.
(b) Appr(,xini.ate principal balauce of first mortgage to which conveyances
shall be subject, if any, to Mo1tgage lender:----~---.-----$_. _____ _
Interest___ % per annum: Method o'f payment (¼db
(c) Other: :to :t{f Se I l.era -----$ ;J.,~b. ODD. D-Q
(d) Cash, certified 01· local cashier's check on closing and delivery of deed
(or such gt'eater or lesser amount as rna.y be necessary to complete payment
of ptu·cllase pdce after credits, adjustments and prorations), close Escrow ... $ 4.00, /)(:/) . rtD
3. PRORATIONS : Taxes, instn·ance, Interest, rents and other expenses and
revenue of said property shall be prorated as of the date of closing.
4. RESTRICTIONS, EASEMENTS, LIMITATIONS: Buyer shall take title subject to: (a) Zoning,
restrictions, prohibitions and requirements imposed by governmental mrthodty, (b) Resll'lctions
and matters appearing 011 the plat 01· common to the subdivisi on, (c) Public utility easements of
record, provided said easements m-e located on the side or reru: lines of the property. (d) Ta'l:es
for yeur of closing, assumed mortgages, and purchase mo11ey mortgages, if any, (e) Other:
Sellt:1· -·-------··-----------------------,---~ wat-nmts t:hnt there shall be no violations o f building or zoning codes at the time of closing.
5. DEFAULT BY BUYER: If Buyei· fails to per:fo1m any of the covenants of this contract, ull
money paid pui-s\.1ant to tbis contract by B\\ye1· ns aforeamd shall bo 1-etained by or fo1· the
account of the Seller as consideration for the execution of this contract arid as agl"eed liquidated
damages a11d in foll settlemeut of any claims for damages.
6 . DEFAULT BY SELLER: If the Seller fails to pe1fonn any of the covenants of this contruct,th~
aforesaid money ptiid by the Buyer, at the option of the Buyer, shall be renu·ned to the Buy~r on
demand~ or the Buyer shall have only the right of specific performance.
7. TERMJ'n~ INSPECTION: At least 15 days before closing, Buyer, at Buyer's expense, shall
have the right to obtain a \N1'itten report from a licensed e:i..1erm.inator stating that there is 110
cvidenc~ of live te1111ite or othel' wood~bori11g insect infestation on said property nor substantial
damage from prior infestation on said property. If there is such evide11ce, Seller shnll pay up to
three (3%) percent of the purchase price for the treatment required to reinedy such infestation.
including repafring and replacing portions of said improvements which. have been dm-nuged; but
if the costs for such treatment or repah-s exceed three (3%) percent of the plll·chase price, Buyer
may elect co pay such excess. rt' Buyer elects not to pay, Seller may pay the excess as the
contmct.
EXHIBIT "C"
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
8. RO<?F INSPECTION: ~t least 15 days before closing, Buye1i at Buyer's expense, shall have
the r1ght to obtain a wntten report from a licensed roofer stating that the roof is in a watertight
condition. In the event repairs are required either to correct leaks or to replace damage to facia
or soffit, Seller shall pay up to three (3%) percent of the purchase pl'ice for said repairs which
shall be perfo1med by a licensed toofmg contractor; but if the costs for such repail's exceed
three (3%) petoent of the purchase prloe, Buyer may elect to pay such excess. If Buyer elects
not to pay, Seller may pay the eKcess or cancel the contract.
9. OTHER INSPECTIONS: At least 15 days before closing, Buyer or bis agent may inspect all
appliances, ah· conditioning and heating systems, electrical systems, phunbing, moohh1ery,
sprinklers and pool system included in the sale. Seller shall pay for repairs necessary to place
such items in working order at the time of closing. Within 48 hours before closing, Buyer shall
be entitled, upon reasonable notice to Seller, to inspect the premises to determine that said items
are in working order. All items of personal property included in the sale shall be transferred by
Bill of Sale with warranty of title. ·
10. LEASES: Seller, not less than 15 days before closing, shall furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of the
tenant's occupancy, rental rates and advanced rent and security deposits paid by te11ant. If Sellei·
is unable to obtain such letters from tenants, Seller shall furnish the same infonnation to Buyer
within said time period in the form of a seller's affidavit, and Buyer may contact tenants
thereafter to confhm such information. At closing, seller shall deliver and assign all original
leases to Buyer. ·
11. ?vffiCHANICS LIENS: Seller shall furnish to Buyer an affidavit that there have been no
improvements to the subject propei.ty for 90 days immediately preceding the date of closing,
and 110 financing statements, claims of lien or potential lienors lcnow11 to Seller. If the property
has been improved withiu that time, Seller shall deliver releases or waivers of all mechanics
liens as executed by general contractors, subcontractors, suppliers and material men, iil addition
to the seller's lien affidavit, setting forth the names of all ge11eral co11tractors, subcontractors,
suppliers and matel'ial men and reciting that all bills for work to the subject property which
could serve as basis for mechanics liens have been paid or will be paid at closing.
12. PLACE OF CLOSTNG: Closing shall be held at the office of the Seller's attorney or as
otherwise agreed upon.
13. TIME IS OF THE ESSENCE: Time is of the essence of this Sale and Purchase Agreement.
14. DOCUMENTS FOR CLOSING: Seller's attorney shall prepai·e deed, note. mortgage. Seller's
affidavtt, any CQi-tective instruments required for perfecting tl1e title> and closing statement and
submit copies of same to Buyer's attomey, and copy of closing statement to the broker, at least
two days prior to scheduled closing date.
15. EXPENSES: State documentary stamps required on the inst1·ument of conveyance and the cost
of recording any corl'ective instruments shall be paid by the Seller. Documentary stamps to be
affixed to the note secured by the purchase money mortgage, intangible tax oo the mortgage,
and the cost of recording the deed and purchasing money mol'tgage shall be paid by the Buyer.
16. INSURANCE: If insurance is to be pro1'.ated, the Seller shall on or befol'e the closing date,
furnish to Buyer all insurance policies or copies thereof.
17. RISK OF LOSS: If the improvements are damaged by fire or casualty before delivery of the
deed and can be restored to substantially the same condition as now within a period of 60 days
thereafter, Seller shall so restore the improvements and the closing date and date of delivery of
possession here in before provided shall be extended accordingly. If Seller fails to do so, the •
Buyer shall have the option of (1) taking the property as is, together with insurance proceeds, if
any, or (2) cancelling the contract, aud all deposits shall be forthwith returned to the Buyer and
all parties shall be released of any and all obligations and liability.
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
18. MAINTENANCE: Between the date of the contract and the date of closing, the property,
including lawn, shrubbery and pool, if any, shall be maintained by the Seller in the condition as
it existed as of the date of the contract, ordinary wear and tear excepted.
19. CLOSING DATE: This contract shall be closed and the deed and possession shall be delivel'ed
on or before the day of. (year) • unless extended by other provisions of this contract.
20. TYPEWRITTEN OR HANDWRl'ITEN PROVISIONS: 'fypewiitten or handwritten provisions
inserted in this form shall control all printed provisions in conflict therewith.
21. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this
contract, shall be bindi11g upon any of the parties.
22. RADON GAS DISCLOSURE: As re q u i red by law, (Land 1 o rd) (Seller) makes the foll
owing disclosure : " R ad o n O a s ,, is a naturally occurring radioactive gas that , when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed fe d e ral and state guidelines h ave been
foW1d il1 buildings in . Additional information tegal'ding radon and radon testing may be
obtained from your county public health unit.
23, LEAD PAfNT DISCLOSURE: "Every purchaser of any interest in residential real propet1y on
which a residential dwelling was built prior to 1978 is notified that such property may present
exposure to lead from leadNbased paint that may place young children at risk of developing lead
poisoning. Lead poisoning in young children may produce permanent neurological damage.
including learning disabilities, reduced intelligence quotient. behavioral problems and impaired
memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any
interest in residential real estate is 1·equired to pl'Ovide the buyer with any infonnation on lead•
based paint hazards from l"isk assessments or inspection in 1he seller's possession and notify the
buyer of any known lead.based paint hazards. A risk assesSJ?,lent pr in~pectton fo1:8ossible }9ad"
based paint hazards is recorqmended prior to purchase." · Ol-Y\(1,,u-W>\i' v.:, U,( '·• ,\J 't..
24. SPEClAL CLAUSES: ' 01
25. COMMISSION TO BROKER: The S:°iler,hereby l'ecognizes
=----:---:----:-:-------:---~---1l-~......,,..I__.__..A-__ ---:----:----------=-:-~as the
Broker in this transaction. and agrees to pay as commission % of the
gross sales price, the sum of ______________ --;:;
Dollars ----------------~------:---:--~ ($ ________ or one-half of the deposit in case same is forfeited by the Buyer
tht·ough failure to pe1fonn, as compensation for services rendered, provided same does not
exceed the full amount of the commission.
-~
IG QIJ
MM,#;
V PUBLIC.
1\NGe Cl
fl{P/~ES Di
~
WITNESSED BY: , / -L,_..o
1 . I U\11 lCl. r ~'\...-/~~Uv 1~--o7/ o~/ lo/
Date Witness Buyer ~ Date
. ';,7 WJ:e.--;;?/o-a/ 1q
Witness ,Pl-){} ,[)()/tJ<f. lE Date
w/o;;../19 l i Date
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
.,
II
CALIFORNIA ALL ... PURPOSE
CERTIFICATE OF ,ACKNOWLEDGMENT
A notary public or other officer completing this certlflcate verifies only the Identity of the Individual who at9ned the document to whtoh 1hls certificate ls attached, and not the truthfulness, accuracy, or valldtty of that document.
State of Callfornla }
County of v 'f f ~-: ~ { _;_n i Cj } ,
On O 'J I V .i.. / ;l,, 1 ; I 'I before m.e, ·-ft,. n,V1~Cht 1,
, I!
. . 1·
,, , .. ,.~ ,., ~ . :
: I • \. \f ~ .. I . I I{ '
I ,j i-personally appeared ··-l., i I' • II . -x 1 1, , • !tJ
I • 1)1n,ie.-who proved to me on the basis 01' satisfactory evidence to be he persq (s) whose narne(s) IS'@yubscribed to the within instrument and acknowledged tb me that he/she1tfie¼>executed the same tn hls/her/~uthorlzed capactty(les), and that by hls/he~lgnature(s) on the Instrument the person(s)1 or the entity upon behalf of which the person(s) acted, executed the Instrument.
'\J~ ,, ~(t'YL ~
,f •-1 I
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITN~~s;~~-~~clal ,l'eal.
·r::::::: .. • ..
HONG QUV BOS ~ COMM, # 2174212 : NOTARY PUBLIC • CAUFORHIA Q ORANGE COUNTY (') COMM. EMPIRES DEC. 21>, 2020"'
iilo_!ary.Publlc Slgnattm, (Nolzlty Publlo Seal}
,.i. lNSTR.UCTIONS FOR COlv.lPLETlNO THIS FOUM ADOlTlONAL OPTIONAL lNFORlVIATluN 7"18/om compUuwltli current Callfomfa 1/aluro., ras:ardlng not"'J' wor,/lnt 011d, DESCRIPTION OF THE A. TT ACHE!D OOCUMEITT 1{nllOdMI, 1l1ould ho t:0mJ1lat11d auJ attacltetl to tlto doa11ma111, Ar.lmav,l&dsmcnts /. . · Jro•1 odlOI' "ateR ffllfJ' bo ~n1p/11tod.for docw111:11u bab111 n111 to t/u,t ,1at• 10 lonir / ~ : •1 , • ·f . • / ' iu tit, wordlne Joa not l'CIJUlro tl,o Cal(/omta notary to ,•jo(a/11 O:lifon,to 11otOl)I
, · • > r. '.-;I ~• ., -:· / low. (TI a atl ~ of allached doc:umenO • State lllld CoW\ly lnt'<>rmotion must be th" SIA\D and cow,'!)' '°"'""' 1110 clOcwlWllt • 11111\U(I) poraOl\lllly llPP=rcd bcfbro tho nota')' publlo for aol:nowle<lamont. (TIile or descrlpllon or ,tlaohocl dow11111nt conUnu1d)
Numlxar of Pages L Cooument Dato ·,r } A. l ,( c(
I ' •
CA3A'CITY CLAIMeD BY THE SIGNER Im" Individual (s)
□ Corporate Officer
(Title)
D Partner{s}
□ Attorney-In-Fact
□ Truetea(s)
□ Other ___________ _
2016 Vorolon v11w,.NoturyChl1JSOll,COm &00-873-9865
• Date ofnolDnMtlori ""'°' 1>o tho dllll:I aha.I tho IIS"oi(I) paraolllllly appuurcd which mllll A110 bc, 1114 '11ffi" dcm, ,he nclu,o-w\"dll"'•"' Lo "°"'P"''..d. • 'Cho nobuy !Nblto must prinl hl1 or h..-namo "" It Dppo.or&I within his or hur commission lbllowed by D co1111no nnd then yo11t IIUo (uot:uy p11bllc). • Jinn, lh• ~:,,no{•) ot ctooum~n, algnor(s} who personally oppear al Ibo tlrnu ot nolllri:mtlon,
a Indlcoto tho oorreet sln~uh,r or plul'lll :forms by crosslnu off ln~om:ct forms (f.c. he/&hc/1110)':-la /OR) or circling t110 correct fanns. Failure to cor.cctly lndic11tu lhi.c lnformct!on tnl\Y lead ta rujcatlon ofdacw:nont rcoofdfn11, " Tha nolruy seal lmpraaslon 1nu1t bo cl0111' and photoainphlcaUy n:produclbte. lmprCS&lon mu1t not cover text or llnaa, Jr a•l lmpl'0¥8lo11 arnudp, rc-SC31 if 11 sufficlont IIIUA p1mdts, otlu:rwl:sc complcto ;i. d!flbrent aclcnowlcw!amont form, • Slanatuni oflho notary public must match the sl111111turc 1111 flla wllh d10 oaicu at tho coun\y clerk,
-<-Addltlonul lnibnnation la not rc:qu lrcd but coukl hl!lp to 1111Suro lhli aolcnowlcdl!fflant Is not mlswicd or attoah~cl to a dlfll:ront document. ❖ Tndlollcs tlllu or type ohttzahcd documunt, numbor otpae,isand dulo , ❖ 11\dlcatt! tho aopnolty 11\11imcd by thu ~lanur. tr lhu alnfr.1"4 cr1puchy Is a corporate ofiicor, indlc:111> \he title (l.o. CBO, CPO, S..c,rcb:1)'), • S=urolr oll~oh this dccumonl to tho ~lantd ducumant whl, 11 «i.opl•. ·
~ n
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
.. ....
California: ~'f / i (;, ( l 4
PAYMENT AGREEMENT VERIFY
• . • ·7,·;:f ~ ,-\-\t)~D(r\-CA,\,:J_ ~C~ µ\ J ·
Sellers: Yrban Ct1p IM"1do-M.1eu.l:J.su;Yen..ana-.Alcltan-Ngi1yeh·· \ ~ • 1
We Received from : \) r✓ A . u < ~ ~u, r . 'j ~J 'I\A..-
Buyers: James H Wardell and Nattie Ha •-f\· !> .
Total Amount: $250.000.00 (Two hundred fifty thousand) Include :
I) Cashier's check number: I (; (, -➔ C SC~ t.i,:, f:t $~fi,£...: .. O:;,.ii ,~c--"-~ O:..i..C.:..· -l\~f>~-----
2) Cashier's check number: c~ ~:v~OZ(L'i $ L.;;t) Jg· ~;O .00
3) Cashier's check number: 0 ,B :2.?J, 6 20 ~_6 $_,_~Q ..... .:;;,Q .... Q~?,f,1•...,Qr. 0'!!---------
4) Ca_sh : _____________ $--,1!!~ .. , ~~~"-'-=·~:...:0"---_____ _
;· J C hec.K h l..\,))\l,e,f ' / c <-i 9 b. o 00 . oo
Th is payment from the Buyers paid today and sign the Lease with Landlord to take over the Urban Cup location
at : 2200 West Oceanfront , Newport Beach, CA 92663
Include all: Equipment, good will, training and in_ventory ...
The rest $150,000 .00 still in Escrow number: \ .2 0 l/ L1 --re
Al\er the Escrow verify all n~cessary and Tax clear the Escrow will pay to the Seller:s $100,000.00 and still keep
$50,000.00 for Beer & Wine License t,·ansferred to the Buyers complete, the Escrow will pay to the Sellers .
We are here verify all this transaction is correct , loyal and honest or other side will be Penalty and punish by
Law of the California.
,J 't: I Witness: /t,. l/4 ( l ~
• •. '\ I • ! lf/__.,,,..
Buyer: \/ \()., ~
t\! f\·TT I f. ·H A
· Date:
Seller: ~o..,c;·ftt N)'.0:jld 1 Date: ·f/1 l /1 Cj
_#'~
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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EXHIBIT "D"
8
Warde ll , et. a l. v. Surfer Bu ilding, LLC, et. al.
Declaration of James Wardell
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
1;
ASS~GNMENT AND ASSUMPTION OF L~ASE
AND CONSENT ~O ASSIGNMmNT
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT TO
ASSIGNMENT is effective July 16, 2019 between SURFER BUILDING,
LLC, (\\Landlord"), AIDAN NGUYEN and HIEU D DO dba: ORBAN
CUP("Assignor"), and JAMES H WARDELL and NATTIE HA
(\\Assignee") dba URBAN CORNER
WHEREAS, Landlord is the owner of that certain real property
commonly described as 2200 W. Oceanfront, Front Unit, in the
City of Newport Beach, California, (the \'l?remises");
WHEREAS, Assignor is currently the Tenant of the Premises
pursuant to a Lease with Addendum between Landlord and Assignor
dated August 24, 2015, (the "Lease");
WHEREAS, on or about April 18, 2016 Landlord and Assignor
entered into an Amendment to the Lease, (the "Amendment 11 );
WHEREAS, Assignor is contemplating an assignment to Assignee of
all of Assignor's right, title and interest in and to the Lease,
the Amendment and the Premises.
WHEREAS, the Lease, at paragraph 14, provides that Assignor must
obtain the written consent of Lar.dlord prior to any assignment
of Assignor's interest in the Lease and the Premises.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
Assignor hereby assigns, transfers and conveys to the Assignee
any and all of Assignor's right, title and interest under the
Lease, the Amendment and in the Premises.
EXHIBIT "D"
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
Assignee hereby assumes all of the obligations required of
Assignor pursuant to the Lease and Amendment and Assignee agrees
to perform and discharge each and every such obligation in
accordance with their te4ms as set forth in the Lease and
Amendment.
Assignor: Assignee:
-~ Ur rner
~ .
Nattie Ha
Urban Corner
CONSENT TO ASSIGNMENT
Landlord of the Premises hereby consents to Assignor 1 s
assignment of Assignor's right, title and interest under the
Lease, the Amendment and in the Premises to Assignee .
Landlord hereby does release Assignor from each and every
obligation of Assignor contained in the Lease accruing from the
date of this Assignment forward.
Surfer Building, LLC
~n
Manager
2
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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PROOF OF SERVICE
Ivan P. Cohen certifies:
I am a member of the State Bar of California, and not a party to this action. My
business address is 19, Gingerwood, Irvine, CA 92603.
On the date listed below, I served the following document: DECLARATION OF
JAMES WARDELL SUPPORTING NOTICE OF MOTION AND MOTION FOR
PRELIMINARY INJUNCTION AND SUPPORTING MEMORANDUM OF
POINTS AND AUTHORITIES on the interested parties in this action by placing true
copies (or originals as required by the Code) in a sealed envelope addressed as
follows:
Jerry Nicholson, Esq.,
LAW OFFICES OF JERRY NICHOLSON
5855 East Naples Plaza, Suite 205
Long Beach, California 90803
Attorney for Defendant,
SURFER BUILDING, LLC.,
[] By overnight delivery via Federal Express (or similar overnight delivery service)
pursuant to Code of Civil Procedure §1013
[ ] By facsimile pursuant to Rules of Court, Rule 2008 at approximately __ from
my facsimile telephone number 949-861-4099 to the recipient's fax number listed
above. The document transmitted by facsimile transmission was reported as
complete without error. The transmission report was property issued by the
transmitting facsimile machine. This was done as a courtesy to counsel.
[ ] By personal delivery to the address listed above.
[X] By placing the document in a sealed envelope. I placed each envelope for
collection and mailing following ordinary business practices. I am readily familiar
with this firm's practice for collection and processing of documents for mailing.
Under that practice, the document would be deposited with the United States Postal
Service on that same day, with postage thereon fully prepaid in Newport Beach,
California, in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation or postage meter date is
more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the a,.., L.. ........... ,,,.. _,...-~..t,.. o-La that the
foregoing is true and correct. Executed on September 2 t I . £~alifornia
92603.
IV AN P. COHEN
9
Wardell, et. al. v. Surfer Building, LLC, et. al.
Declaration of James Wardell
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
Electronically Filed by Superior Court of California, County of Orange, 09/23/2020 08:33:00 AM.
30-2020-01155372-CU-CO-CJC - ROA # 22 - DAVID H. YAMASAKI, Clerk of the Court By Jonathan Aguilar, Deputy Clerk.
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Ivan Paul Cohen
LAW OFFICE OF IV AN P. COHEN
19 Gingerwood
Irvine, California 92603
Teler,hone: (714) 931-2240
Email: ipc4law@~ail.com
State Bar No. 171686
Attorneys for Plaintiffs,
JAMES WARDELL AND NATTIE HA
SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ORANGE
CENTRAL JUSTICE CENTER
JAMES WARDELL, an individual and
NATTIE HA, an individual;
Plaintiffs,
vs.
SURFER BUILDING, LLC, a California
limited liability company, DOES 1 through
10, inclusive
Defendants,
Case No. 30-2020-01155372-CU-CO-C JC
ASSIGNED FOR ALL PURPOSES TO:
Hon. Judge Layne H. Melzer
Dept. C-12
Date Filed: August 14, 2020
NOTICE OF MOTION AND MOTION
FOR PRELIMINARY INJUNCTION
AND SUPPORTING MEMORANDUM
OF POINTS AND AUTHORITIES
ate: February 11 , 2021
ime: 2:00 p.m.
epartment: C-12
ocation: OCSC -Central Justice Center
eservation Number: 73378738
Wardell, et. al. v. Surfer Building, LLC , et. al.
Motion for Preliminary Injun ction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
TO ALL PARTIES, THEIR ATTORNEYS OF RECORD, AND THE COURT IN TH
ABOVE-TITLED ACTION: On February 11, 2021 at 2:00 p.m. in Department C-12 of th
Orange County Superior Court located at 700 Civic Center Drive West, Santa Ana
California 92701, Plaintiffs James Wardell and Nattie Ha, (hereafter "Plaintiffs") will, an
hereby do motion to this Court for a Preliminary Injunction r estraining Defendan
SURFER BUILDING, LLC, (hereafter "Defendant") and their agents, representatives, an
assigns, during the pendency of this action, from pursuing an unlawful detainer actio
against Plaintiff based on the alleged expiration of the lease agreement for the proper
commonly described as 2200 W. Oceanfront, Front Unit, Newport Be ach , California (th
"Premises").
This motion is based upon the irreparable injury, waste, and multiplicity of actio
that will result from the attempt by these defendants, their agents, representatives, an
assigns to conduct an improper unlawful detainer action.
This motion is made on the grounds that Plaintiffs exercised their right to exten
the lease term and Defendants refusal to acknowled ge this extension is not supported b
the facts of this case.
This motion is based on this Notice of Motion and Motion, the supportin
Memorandum of Points and Authorities, the supporting declarations, the records an
filings in this case, and on such evidence, testimony, and argument as may be presented a
the hearing for this Motion.
DATED: September 22, 2020
IVAN PAUL COHEN
Attorney for Plaintiff JAMES WARDELL and NATTIE HA
2
Wardell, et. al. v. Surfer Building, LLC, et. al.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
9/22/2020 Gmail -Superior Court of Orange County -Motion Reservation Request -CONFIRMATION
M Gmail Ivan Cohen <ipc4law@gmail.com>
Superior Court of Orange County -Motion Reservation Request -CONFIRMATION
1 message
donotreply@occourts.org <donotreply@occourts.org>
To : ipc4law@gmail.com
Tue, Sep 22, 2020 at 6:01 PM
0 Superior Court of California, County of Orange
RESERVE A MOTION DATE
Your reservation request has been CONFIRMED by the Superior Court. The hearing date and
time below has been reserved. You will be asked to provide your reservation number to the
court at a later date.
MOVING PAPERS MUST BE E-FILED WITHIN 24 HOURS AFTER COMPLETING THE ON-
LINE RESERVATION. Failure to submit your moving papers within 24 hours w ill result in the
automatic CANCELLATION of the reservation.
NOTE: To EXPEDITE your MOTION fil ing place the appropriate Court Rese rvation number
(e.g. 7XXXXXXX) on each Motion being submitted.
Please do not reply to this email.
Reservation Number:
Hearing Date:
Hearing Time:
Department:
Motion Type:
Case Number:
Case Title :
Judicial Officer:
Email:
Requestor Name:
Requ estor Phone:
Fil ing Party:
Date of Request:
Time of Request:
Trans action Number:
73378738
February 11, 2021
2:00 PM
C12
Motion for Preliminary Injun ction
30-2020-01155372-CU-CO-CJC
Wardell vs. Surfer Building , LLC.,
Hon. Layne H. Melzer
ipc4law@gmail.com
Ivan Paul Cohen
7149312240
James Wardell
September 22, 2020
5:58 PM
1000110547
Supr•rlor Courl of f,illf,.-,.ta • ! ,,uni y of Onin~•
https://mail .google.com/mail/u/0?ik=42d0150633&view=pt&search=all&permthid=thread-f%3A 1678584446555897 408&simpl=msg-f%3A 16785844465... 1 /1
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION /FACTUAL BACKGROUND
On or about September 4, 2015, Surfer Building, LLC ("Surfer") entered into a leas
agreement with Randy Larscheid and California Chicken Kitchen, LLC (hereafter "th
Lease"). (Wardell Deel. ,i 2). The Lease provided that Larscheid and California Chicke
Kitchen, LLC would have use of the property located at 2200 W. Oceanfront, Front Unit
Newport Beach, California (the "Premises"). (Wardell Deel. ,i 2). Surfer, as the landlor
would receive a monthly rent payment of $7,260 .00 per month initially. (Wardell Deel .
Exh. A). The term of the Lease was five (5) years, expiring on September 30, 2020
(Wardell Deel. Exh. A). The Lease provided the tenants with an option to extend th
Lease term for two (2) additional five (5) year periods. (Wardell Deel. Exh. A). A
addendum was also executed by Surfer and Randy Laracheid providing for an additiona
payment of $100,000.00, as additional consideration for the Lease. (Wardell Deel. Exh. B).
At some point after executing the Lease, Randy Larache id, and his entity Californi
Chicken Kitchen, LLC, assigned their interest to Aidan Nguyen and Hieu D. Do, wh
were both doing business as "Urban Cup". (Wardell Deel . ,i 3). On or about July 2, 2019
Aidan Nguyen and Hieu D. Do agreed to sell the ir business, Urban Cup, to Plaintiffs
(Wardell Dee l. ,i 4). The purchase price for Urban Cup was $400,000, of which $150,00
was placed into an escrow account. (Warde ll Deel. ,i 4). Pursuant to the business sal
agreement, upon the la ndlord's approval of the lease assignment, Plaintiffs would pa
Nguyen and Do $250,000.00 and immediately take over the business. (Wardell Deel. ,i 4).
On July 16, 2019 , an Assignme nt and Assumption of Lease and Consent t
Assignment was exec ute d b y Surfer, Aidan Nguye n, Hieu D Do, and Wardell and Ha (th
Assignment"). (Wardell D eel. ,i 5). The assignment prov ided that Plaintiffs, as th
assignees, would have a ll rights and obligations that were a ssociated with the Lease.
(Warde ll Deel . ,i 5). As part of the Assignment, Surfer r equired Plaintiffs to s ubmit a
3
Warde ll, et. a l. v. Surfer Building, LLC, et. a l.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
1 application and supporting documentation. Plaintiffs complied with this request
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(Wardell Deel. 1 5).
On July 15, 2019, Plaintiffs met with Surfer, along with the former owners of th
Urban Cup. (Wardell Deel. 1 6). At this meeting, Wardell asked the Surfer representativ
about the Lease, and specifically about extending the Lease. (Wardell Deel. ,r 6). Wardel
informed the Surfer representative that Plaintiffs wished to exercise the option to exten
the lease and proposed furnishing the written notice to the Surfer immediately. (Wardel
Deel. ,r 6). In response, Wardell was informed, by the representative of Surfer that it wa
unnecessary to provide the written notice immediately, since the lease still had anothe
nine months to run, that the extension would not be an issue, and that in the middle o
March 2020, Surfer would send a letter to Plaintiffs, notifying them to provide Surfer wit
the written notice to extend the lease. The Surfer representative stated to Wardell "Wai
for the Mail". (Wardell Deel. ,r 6). The representative further went on to describe an extr
unit in the back of the Premises that would be available for renting as well. (Wardell Deel.
,r 6). It was based on these representations and assurances that Plaintiffs completed th
purchase of the Urban Cup and executed the Assignment of Lease. (Wardell Deel. ,r 6).
As a result of Covid-19, Plaintiffs suffered loss of business in March of 2020.
Plaintiffs inquired of Surfer if they could get a temporary reduction in rent, which the
would make up in later months. (Wardell Deel. 1 7). Surfer agreed to the request.
(Wardell Deel. ,r 7). On or about April 4, 2020 Surfer addressed a letter to Plaintiffs,
stating that since the option to extend was not exercised, it had lapsed and that th
landlord would retake possession of the leased premise s as of October 1, 2020. (Wardel
Deel. ,r 8).
On April 8, 2020, the representative from Surfer, Laura, called Wardell and tol
him that since they did not receive a request to extend the Lease, it would be terminate
on September 30, 2020. (Wardell Deel. ,r 9). Plaintiffs immediately expressed surprise an
4
Wardell , et. al. v . Surfer Building, LLC, et. al.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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explained that they had only a few months ago paid $400,000 to purchase the r estauran
and had spent tens of thousands of dollars on repairs and upgrades to the Premises.
(Wardell Deel. ,i 9). Wardell stated clearly and e mphatically that Plaintiffs wished t
extend the Lease, as they had stated previously in July of 2019. (Wardell Deel . ,i 9). Laur
responded that she wanted to have access to the Premises to take some measurements an
r en ew the property insurance, and would thereafter advise of her decision. (Wardell Deel.
,J 9).
On April 9, 2020, Plaintiffs sent a written confirmatory letter of their intention t
exercise their lease extension, as had been discussed previously. (Wardell Deel. ,i 10). 0
April 9, 2020, Laura, her husband and one other p erson entered the Premises and too
some measurements. (Wardell Deel. ,i 10). On April 10, 2020, Laura called Wardell an
stated that she would not be allowing the Lease to be extended. (Wardell D ee l. ,i 10).
III. POINTS AND AUTHORITIES
A.Plaintiff Meets The Criteria For Obtaining A Preliminary Injunction.
The standard criteria under California law for obtaining an injunction requires tw
factors to be considered. "The first is the likelihood that the plaintiff will prevail on th
merits at trial. The second is the interim harm that the plaintiff is likely to sustain if th
injunction were denied as compared to the harm the d efendant is likely to suffer if th
preliminary injunction w e re issued." Yu v. University of La Vern e (2011) 196 Cal.App.4t
779,786.
"When an unlawful detainer proceeding and an unlimited action concerning titl
to the property are simultaneously pending, the trial court in which th e unlimite
action is pending may s tay the unlawful detainer action until the issue of title i
resolved in the unlimited action, or it m ay consolidate the actions." Martin-Bragg v.
Moore (2013) 219 Cal.App.4th 367,385 (citations omitted).
5
Wardell, et. al. v. Surfer Building, LLC, et. a l.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
1 1. Plaintiffs Will Likely Prevail At Trial.
2 A strict reading of the Lease reflects a d eadline of 180 days prior to the terminat
3 date of September 30, 2020. (Wardell Deel. Exh. A, Sect. 3(c). The tenant however wa
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free to exercise this option anytime prior to the expiration date. Plaintiffs spen
$400,000 to purchase a restaurant, and then spent tens of thousands more on improvin
the Property. (Wardell ~ 9). Expending these resources on a r estaurant that woul
have to be moved a year later would be entirely illogical. It is also inconsistent with th
discussion of the parties on July 15, 2019, and the ensuing actions. (Wardell Deel.~ 6).
A. The Extension Option Was Modified.
"[I]t is settled that an oral modification of a written lease is binding so far a
execut ed." Kelley v. R. F. Jones Co., 272 Cal. App. 2d 113, 119 (1969). "[A]n oral
agreeme nt fully executed by one party, if supported by a valid consideration, wil
constitute a valid modification of a prior written agreement. Kelley v . R. F. Jones Co., 27
Cal. App. 2d 113, 119 (1969).
Surfer expressly told Plaintiff that it would initiate contact with Plaintiff i
writing in order to complete the lease extension option. (Wardell Deel. ~ 6). Based o
this assurance, Plaintiff assumed all burdens and responsibilities associated with th
existing Lease Agreement. (Wardell D eel. ~ 5). The specific modification that wa
agreed to orally altered the procedure for exercising the lease option. Plaintiff wa
ready and willing to exercise the lease option in July of 2019, and communicated this t
Surfer. (Wardell Deel. ~ 6). Instead, Plaintiff executed the assignment of the existin
lease, which was set to expire in a little over a year, and completed the purchase o
business. (Wardell Deel.~ 4, 5).
Immediately after being told that the 180-day mark had passed, Plaintiff sent
letter to Surfer reiterating their desire to extend the lease term. (Wardell Deel. ~ 10).
The letter was sent 171 days prior to the lease expiration. (Wardell Deel. ~ 10). Surfe
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Wardell, et. al. v. Surfer Building, LLC, et. al.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
1 subsequently refused to honor the orally modified lease agreement and stated that the
2 would not be permitting the lease extension. (Wardell Deel. ,i 10). This positio
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conflicts with the modification which was supported by Plaintiff's fulfillment of th
prerequisite actions, specifically executing an assumption of lease agreement.
B. Plaintiffs Are Entitled To Equitable Relief.
Even if the lease agreement was not orally modified, the Court could still enjoi
Surfer from asserting termination of the lease throug h its equitable power. "Conduct b
a lessee, alone, is insufficient to warrant equitable relief upon failure by lessee to timel
exercise its option to renew a lease. There has to be substantial evidence of conduct b
the lessor upon which lessee relied in failing to give notice." Bekins Moving & Sto rage Co.
v. Prudential In s. Co., 176 Cal. App. 3d 245, 251, 221 Cal. Rptr. 738, 741 (1985). The Cour
can grant e quitable relief despite a lessee failing to exercise its option to extend withi
the deadline ascribed in the lease as long as the failure to do so was not" ... due entirel
to the inadvertence or neglect of the optionee ... " Simons v . Young, 93 Cal. App. 3d 1 70
182 (1979).
Here, Surfer met with Plaintiff prior to its acquisition of the existing tenant'
business. (Wardell Deel. ,i 6). Surfer was a signatory to the assignment agreemen
wherein Plaintiff took on all responsibilities associated with the lease agreement.
(Wardell Deel. ,i 5). Surfer, knowing Plaintiff wanted to extend the lease, and in fac
was in a position to do so on July 15, 2019, instructed them to "wait for the mail".
(Wardell Deel. ,i 6). This conduct directly attributed to Plaintiff not providing writte
notice until after the 180-day deadline. The principal of equity favors the Plaintiff i
this action.
2. Plaintiff Will Suffer Irreparable Harm If The Injunction Is Denied.
If Plaintiff loses its leasehold interest its business will undoubtedly close.
entirety of the $400,000 purchase price and the cost of improvements will have bee
7
Wardell, et. al. v. Surfer Building, LLC, et. al.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
1 wasted. Conversely, Surfer would simply have a tenant that, for unknown reasons, i
2 seemingly does not want. For the reasons stated herein, Surfer should be enjoined fro
3 pursuing an unlawful detainer action based on expiration of the lease term.
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3. Balancing The Equities Favors Plaintiff.
"The granting or denial of a preliminary injunction does not amount to
adjudication of the ultimate rights in controversy. It merely determines that the court
balancing the respective equities of the parties, concludes that, pending a trial on th
merits, the defendant should or that he should not be restrained from exercising the righ
claimed by him." Continental Baking Co. v. Katz (1968) 68 Cal.2d 512,528. "The granting o
denial of an injunction is a matter within the sound discretion of the court but the rea
equities of the case should be considered before action taken." Miller & Lux, In c. v. Sa
Joaquin Light & Power Corp. (1932) 120 Cal.App. 589, 603. "It is the general rule in this stat
that while the right to injunctive relief under proper circumstances is well established, it
issuance is largely discretionary with the court and depends upon a consideration of al
the equities between the parties." Pahl v. Ribero (1961) 193 Cal.App.2d 154, 161.
IV. CONCLUSION
Plaintiff reasonably understood that the lease extension option would be a simple
matter of responding to Surfer's writing at the appropriate time. Their understanding was
based on express representations of Surfer. Permitting Surfer to terminate the lease and
evict Plaintiff would result in a tremendous and unnecessary hardship. Plaintiff requests
that the Court enjoin Surfer from pursuing evic.,,· ~-=
DATED: September 22, 2020
-~:::::Sii~/ :.,__~~
' IV AN PAUL COHEN
Attorney for Plaintiff JAMES WARDELL and NATTIE HA
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Wardell, et. al. v. Surfer Building , LLC, et. a l.
Motion for Preliminary Injunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)
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PROOF OF SERVICE
Ivan P. Cohen certifies:
I am a member of the State Bar of California, and not a party to this action. My
business address is 19, Gingerwood, Irvine, CA 92603 .
On the date listed below, I served the following document: NOTICE OF MOTION
AND MOTION FOR PRELIMINARY INJUNCTION AND SUPPORTING
MEMORANDUM OF POINTS AND AUTHORITIES on the interested parties in
this action by placing true copies (or originals as required by the Code) in a sealed
envelope addressed as follows:
Jerry Nicholson, Esq.,
LAW OFFICES OF JERRY NICHOLSON
5855 East Naples Plaza, Suite 205
Attorney for Defendant,
SURFER BUILDING, LLC.,
Long Beach, California 90803
[] By overnight delivery via Federal Express (or similar overnight delivery service)
pursuant to Code of Civil Procedure §1013
[] By facsimile pursuant to Rules of Court, Rule 2008 at approximately __ from
my facsimile telephone number 949-861-4099 to the recipient's fax number listed
above. The document transmitted by facsimile transmission was reported as
complete without error. The transmission report was property issued b y the
transmitting facsimile machine. This was done as a courtesy to counsel.
[] By personal delivery to the address liste d above.
[X] By placing the document in a sealed envelope. I placed each envelope for
collection and mailing following ordinary business practices. I am readily familiar
with this firm's practice for collection and proce ssing of documents for mailing.
Under that practice, the document would be deposited with the United States Postal
Service on that same day, with postage thereon fully prepaid in Newport Beach,
California, in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation or postage meter date is
more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws o e State f C1 iforni:i that the
foregoing is true and correct. Executed on Septem , er J/-v.,.,,,..,1.1 N v ine, California
92603.
/
9
Wardell, et. al. v . Surfer Building, LLC, et. al.
Motion for Preliminary [njunction
Zoning Administrator - October 29, 2020
Item No. 2a Additional Materials Received After Deadline
Handel’s Homemade Ice Cream Minor Use Permit (PA2020-223)