HomeMy WebLinkAbout04_Cappy's Cafe Limited Term Permit and CDP_PA2021-180CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 4
SUBJECT: Cappy’s Café (PA2021-180)
▪Limited Term Permit No. XP2021-005
▪Coastal Development Permit No. CD2021-036
SITE LOCATION: 5930 West Coast Highway
APPLICANT: Cappy’s Café
OWNER: 5930 W. Coast Highway LLC
PLANNER: Caitlyn Curley, Planning Technician
949-644-3235 or ccurley@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CV (Visitor Serving Commercial)
•Zoning District: CV (Commercial Visitor-Serving)
•Coastal Land Use Plan Category: CV-A (Visitor Serving Commercial, 0.0 – 0.75
FAR)
•Coastal Zoning District: CV (Commercial Visitor-Serving)
PROJECT SUMMARY
The applicant proposes a limited term permit and a coastal development permit to allow an
800-square-foot maximum expanded dining area for a one-year term (January 1, 2022
through December 31, 2022) that was previously authorized through Emergency Temporary
Use Permit No. UP2020-052 (PA2020-131) for Cappy’s Café. This item was continued to a
date certain from the November 24, 2021, Zoning Administrator meeting.
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) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) 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 Limited Term Permit
No. XP2021-005 and Coastal Development Permit No. CD2021-036 (Attachment No.
ZA 1).
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DISCUSSION
November 24, 2021 Zoning Administrator Meeting
•This item was scheduled on the November 24, 2021 Zoning Administrator Meeting,
but was continued to the meeting of December 16, 2021 at the applicant’s request
to address Public Works’ circulation concerns relating to the proposed location of
the outdoor dining area.
•Although the item was continued, public comments were heard regarding Cappy’s
Café’s outdoor dining application. A nearby resident, Michael Arciaga, spoke
briefly about his concerns regarding the impacts the expanded outdoor dining area
will have on parking.
Project Scope Changes
•The applicant is proposing to reconfigure the traffic flow of the parking lot located
at 5930 West Coast Highway to one-way, entering off of West Coast Highway, to
the south of the property and exiting at 60th Street, to the west of the property.
•Ten parking spaces will be lost to accommodate the change in circulation and
outdoor dining area location. The business has a surplus of 12 spaces based off
of the existing net public area of the building at a parking rate of one space for
every 35 square feet of net public area. The expanded outdoor dining area and
change in circulation will reduce this surplus to two surplus spaces.
Public Comments
•Two public comments were submitted prior to the December 16, 2021, Zoning
Administrator Meeting. Both comments expressed concerns regarding parking
availability and high customer demand at the subject business. Public comments
are provided in Attachment No. ZA 5.
•One commenter, Michael Arciaga, a nearby resident, related that Cappy’s Café’s
patrons have parked along 60th Street, despite the presence of “no parking” signs
along the street. Mr. Arciaga stated that patrons have been blocking his garage by
parking side by side along 60th street. The resident provided photographic
evidence, digitally dated to July and August of 2021, which illustrated his
statements.
•The second commenter, Jason Kirtley provided their statement in writing, is a local
business owner, also had concerns about parking. Mr. Kirtley explained that
Cappy’s Café’s existing outdoor dining area has caused the restaurant’s patrons
to park in their nearby parking lot, preventing their own customers to find parking.
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He also states that since the installation of the outdoor dining area, traffic has been
backed-up along West Coast Highway. Finally, he mentioned that the traffic
attendant hired by the applicant has directed Cappy’s Café’s patrons to park in his
lot, and that this attendant has been hostile to the businesses staff and clientele.
•In response to comments provided, the applicant has acknowledged the
authorized parking areas for the restaurant with an exhibit provided in the attached
project plans (Attachment No. ZA 7).
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), 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.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 800-square-foot expanded outdoor
dining patio at an existing restaurant for a one-year limited term (January 1, 2022 through
December 31, 2022) and qualifies under the parameters of the Class 1 and Class 3
exemptions. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
PUBLIC NOTICE
This item was continued to a date certain from the November 24, 2021 Zoning
Administrator Meeting. Notice of this application was published in the Daily Pilot, mailed
to all owners of property and residential occupants 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. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
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any final action on a coastal development permit to the Planning Commission. The project
site is located within the appeal area of the coastal zone; therefore, final action by the City
may be appealed to the California Coastal Commission. For additional information on filing
an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN/cnc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 Detailed Parking Analysis
ZA 5 Public Comments
ZA 6 SCE Clearance Decals
ZA 7 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, LIMITED TERM
PERMIT NO. XP2021-005 AND COASTAL DEVELOPMENT
PERMIT NO. CD2021-036 TO ALLOW AN EXPANDED OUTDOOR
DINING AREA LOCATED AT 5930 WEST COAST HIGHWAY
(PA2021-180)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tim Campbell representing Cappy’s Café with respect to a
property located at 5930 West Coast Highway, and legally described as Lot 5 and Portion
of Lot 4, Block 159, A Tract, River Section requesting approval of a limited term permit and
coastal development permit.
2. The applicant proposes a limited term permit and a coastal development permit to allow
an 800-square-foot expanded dining area previously authorized through Emergency
Temporary Use Permit No. UP2020-052 (PA2020-131) for Cappy’s Café for up to a one
(1)-year term.
3. The subject property is designated Visitor Serving Commercial (CV) by the General Plan
Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor Serving Commercial – 0.0-0.75 FAR (CV-A) and it is located within the
Commercial Visitor-Serving (CV) Coastal Zone District.
5. A public hearing was held on December 16, 2021 online via Zoom. 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
Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New
Construction or Conversion of Small Structures), respectively, 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.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
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Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 800-square-foot expanded outdoor
dining patio at an existing restaurant for a one-year limited term (January 1, 2022 through
December 31, 2022) and qualifies under the parameters of the Class 1 and Class 3
exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended outdoor dining patio for one (1)-year term
(January 1, 2022 through December 31, 2022) while the City reconsiders its parking
requirements related to food service uses. The existing food service use is authorized
through Emergency Temporary Use Permit No. UP2020-052 (PA2020-131) and includes
800 square feet of net public area.
2. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an Emergency Temporary Use Permit. The operation of the expanded dining area is
limited to one (1) year beginning January 1, 2022, through December 31, 2022, and has
been reviewed and conditioned to preclude any detriment to the general welfare of the
area.
3. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
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4. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
5. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
6. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.12 acres in size and is a flat property adjacent to West
Coast Highway. The existing food service use with outdoor dining has operated at 5930
West Coast Highway since 1982. Based upon the site plan, there is adequate area to
accommodate the expanded dining area without impacting traffic and pedestrian
circulation.
2. The lot is bounded by the Semeniuk Slough waterway to the east and a retail center to the
west. To the north is a veterans housing apartment complex and the Semeniuk Slough
waterway. To the south, across West Coast Highway, is a residential area. An existing
food service use with outdoor dining is located at this site. The expanded outdoor dining
use will not impede use and enjoyment of the properties in the area.
3. The existing restaurant site provides twelve (12) surplus parking spaces and the proposed
expanded dining area. The expanded dining area will reduce the private parking provided
by ten (10) parking spaces. The business has a surplus of twelve (12) spaces based on
the existing net public area of the building at a parking rate of one (1) space for every thirty-
five (35) square feet of net public area. The expanded outdoor dining area and change in
circulation will recue this surplus to two (2) parking spaces.
4. The modified design will provide one-way drive-aisle circulation through the site and
provide a better flow of traffic for patrons seeking parking for the restaurant. No ongoing
traffic or site circulation issues are anticipated.
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Finding:
C.The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Fact in Support of Finding:
1.The subject lot is accessed from West Coast Highway and 60th Street. Private parking is
provided on-site and across 60th Street at 205 and 207 60th Street. All of the private parking
lots, along with the subject property are owned by 5930 W. Coast Highway, LLC. The food
service use is located in a commercial and residential area and proposes to operate from
8:00 a.m. to 3:00 p.m., Sunday through Saturday. The private parking lots have historically
accommodated Cappy’s Café and no traffic issues are anticipated with the continued use
of the expanded dining area.
Finding:
D.Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1.The existing food service use with outdoor dining has operated at the subject property
since 1982. The existing private parking has historically accommodated the food service
use and is expected to accommodate the temporary use.
2.The subject property’s original Use Permit (UP1980) established a parking rate of one (1)
parking space per every thirty-five (35) square feet of net pubic area at the establishment.
3.The establishment maintains a total of forty-three (43) existing parking spaces located on-
site and across 60th Street at 205 and 207 60th Street, which are owned in common with
the subject property. Only thirty-one (31) spaces are required per the parking rate
established by Use Permit No. UP1980, resulting in a surplus of twelve (12) parking
spaces.
4.The proposed canopy will use ten (10) spaces, reducing the parking surplus to two (2)
spaces based on the establishment’s existing net public area. While the anticipated parking
demand for the proposed outdoor dining area is not accommodated for on-site, the parking
spaces that will be occupied by the outdoor dining area are currently surplus spaces. To
further accommodate the proposed outdoor dining area, Cappy’s proposes to change
the circulation through the business’s parking lot from two-way to one-way, entering
along West Coast Highway and exiting at 60th Street.
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Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is CV (Visitor Serving Commercial).
The CV designation is intended to provide for accommodations, goods, and services
intended to primarily serve visitors to the City of Newport Beach. Food service uses are
consistent with nonresidential uses permitted in this zoning district. The expanded outdoor
dining use is accessory to the existing food service use with outdoor dining, will be utilized
for a limited duration on-site, and will not impede use of the site consistent with the CV
designation.
2. The site is located in the Commercial Visitor-Serving (CV) Zoning District. The CV
designation is intended to provide for areas appropriate for accommodations, goods,
and services intended to serve primarily visitors to the City. The expanded outdoor dining
use is accessory to the existing food service use with outdoor dining, will be utilized for a
limited duration on-site, and will not impede use of the site consistent with the CV
designation. The CV zoning district allows temporary uses as specified within the Zoning
Code and the proposed limited duration use is consistent with this designation.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CV Zoning
District in that it provides amenities that support visitors to the area and provides a social
gathering place for those who live and work in the neighborhood, consistent with General
Plan Land Use Element Goal LU 2, below. Additional benefits from the proposed
amendment include providing opportunities for the continuation of local businesses that
generate sales tax and provide opportunities for employment, which is consistent with
General Plan Land Use Element Policy LU 2.4 (Economic Development), also copied
below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives
with protection of the environment and the health and safety of the community. The policy
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recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and its economic prosperity
while maintaining the unique character of the Newport Shores community.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road, public access way, or
coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is Newport Shores Park, immediately to the northwest of the site and the
property is not visible from the project site. The expanded outdoor dining area complies
with all applicable Local Coastal Program (LCP) development standards and maintains
an area consistent with the existing pattern of development in Newport Shores. The
outdoor dining area has been reduced by 1,000 square feet from the scope approved by
Emergency Temporary Use Permit No. UP2020-052 (PA2020-131), and placed against
the building, instead of encroaching into the property’s drive aisle and parking spaces
along Semeniuk Slough. This improved, narrow design will be less visible from West
Coast Highway, increasing and improving the quality of the view of Semeniuk Slough by
motorists and pedestrians traveling along the highway, compared to the original outdoor
dining area
2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code
(NBMC) Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more
of the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the private parking lot
are minor detached structures. The location of these improvements does not pose a
conflict to coastal resources, coastal access, or other adverse environmental effects.
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3. The dining area barrier is installed within the private parking lot. The barrier delineates
the area dedicated for outdoor dining use and alcohol service from parking area. There
are no existing City utilities within the expanded dining area. Substantial barriers in the
form of K-rail or water-filled barriers will be provided adjacent to drive aisles and parking
areas to ensure the safety of pedestrians from vehicle areas.
4. Development authorized by this permit will not block public access to the coast. Coastal
access is increased by allowing commercial establishments to re-open, allowing the
public to visit coastal areas and providing an added amenity for visitors.
5. The proposed operation is located adjacent to Semeniuk Slough to the north and east. In
accordance with NBMC Section 21.30B.040 (Wetlands, Deepwater Areas, and Other
Water Areas), a one hundred (100) foot buffer is required between development and
wetlands unless: 1) a one hundred (100)-foot buffer is not possible due to site specific
constrains, and b) the proposed narrower buffer would be amply protective of the biological
integrity of the wetland given the site-specific characteristics of the resource and of the
type and intensity of disturbance. A one hundred (100)-foot buffer between the proposed
operation and Semeniuk Slough is not feasible to maintain as the outdoor dining area shall
be located in the parking lot located between the main structure and Semeniuk Slough.
Existing development within the parking area extends to fifteen (15) feet from the waterway
and a one hundred (100)-foot buffer is not possible due to the location of the existing
restaurant and parking area. A buffer of at least fifteen (15) feet shall be maintained
between the proposed operation and adjacent Semeniuk Slough. The original outdoor
dining area approved by Emergency Temporary Use Permit No. UP2020-052 was
immediately adjacent to the waterway; therefore, the reduced scope proposed in this
Limited Term Permit is an improvement on the original outdoor dining area. The proposed
expanded dining area is located within a previously developed parking lot where
appropriate site drainage is already provided. The proposed narrower buffer would be
amply protective of the biological integrity of the wetland given the site-specific
characteristics of the site and proposed improvements. The proposed improvements do
not result in any additional site disturbance and the Project will not impact habitat for
endangered, rare, or threatened species.
6. There is no feasible alternative location for the proposed operation due to physical
constraints on the subject property. The parking lot is in the rear of the subject property
and the subject building is located along the property line adjacent to West Coast Highway
to the south and 60th Street to the west, prohibiting an outdoor dining area in front of and
to the west of the establishment. Due to these constraints, the proposed operation is for a
limited one (1)-year term and is only feasible in the parking lot behind the subject building,
adjacent to the Semeniuk Slough waterway.
7. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
8. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
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Finding:
G.Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1.The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, coastal access is provided from the existing parking area on-site. Furthermore, the
project is designed and sited (appropriate height, setbacks, etc.) so as not to block or
impede existing public access opportunities.
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) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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.
2.The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-005 and Coastal Development Permit No. CD2021-036, 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
Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final
action taken by the City may be appealed to the Coastal Commission in compliance with
Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective from January 1, 2022, to December 31, 2022, unless an extension is granted by
the Zoning Administrator in compliance with Municipal Code Sections 20.52.040.J
(Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this approval at the end of the
effective period.
3. The expanded dining area shall not exceed 800 square feet. The design and site circulation
shall occupy no more than ten (10) existing parking spaces on-site.
4. Parking for customers and patrons shall be limited to the areas shown on the exhibit
provided in the project plans.
5. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
3:00 p.m.
6. There shall be no use of amplified sound.
7. A buffer of at least fifteen (15) feet shall be maintained between the proposed operation
and the adjacent Semeniuk Slough as a one hundred (100)-foot buffer is infeasible at this
location. A reduced buffer is determined to be amply protective of the wetland and the
proposed buffer is a significant improvement on the locations of the originally approved
outdoor dining area in relation to Semeniuk Slough. All improvements shall be limited to
the existing surface parking lot and shall not extend into unimproved site areas.
8. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
9. The parking and/or stopping of vehicles in 60th Street or in the public right-of-way between
the subject property and adjacent buildings is prohibited. A “no customer pickup/drop off”
sign shall be posted on the restaurant building on 60th Street.
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10. All deliveries shall occur outside of 60th Street. Delivery vehicles shall also not park in the
60th Street end where “keep clear” markings are striped and “no parking” signs are posted.
11. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
12. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
13. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
14. The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
15. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17. 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
approval.
18. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined 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.
19. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
20. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2021-
005 and Coastal Development Permit No. CD2021-036 (PA2021-180) for Cappy’s
15
Zoning Administrator Resolution No. ZA2021-###
Page 11 of 13
09-30-21
Café. 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
21. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
e. Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two.
22. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
23. A building permit is required for proposed 800-square-foot tent/membrane structure.
Fire Department
24. Fire lane(s) shall be identified on the plan.
25. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
26. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the
driver remains inside the vehicle and the vehicle is ready to move immediately upon
orders from emergency personnel.
27. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
28. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
29. All building exits shall remain free and clear of any obstacles that would impede exiting
from a building or suite and accessing the nearest public right-of-way.
16
Zoning Administrator Resolution No. ZA2021-###
Page 12 of 13
09-30-21
30. Heat lamps or other heating elements shall comply with the following requirements in
accordance with code section 3107.12 of the California Fire Code:
a. Propane and other fuel-based heating elements (including but not limited to
flammable/combustible gas, liquid, or solid materials) shall not be used within tents
or canopies.
b. Electric heaters must be UL listed for use within tents and/or canopies.
c. Propane and other fuel-based heating devices with blowers may be permitted, with
the heating element located a minimum of 10 feet from the edge of the tent or
canopy.
d. All heating equipment installations shall be approved by the fire code official.
31. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (two [2] or more walls) and/or canopies
larger than 700 square feet (no walls or one [1] wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
• Illuminated Exit Signs shall be installed.
• Emergency Lighting shall be provided.
• Exit doors are not to be blocked and are to remain accessible as exits while the tent
is occupied.
• All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
• If Propane is used, a permit is required: Cooking and heating equipment shall not be
located within 10 feet of exits or combustible materials.
• LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other devices emitting flame, such as
candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary
membrane structure.
• Tents and canopies shall have the State Fire Marshal tag indicating fire resistance.
• Tents and canopies shall be designed and installed to withstand the elements of the
weather and prevent collapsing through weights and ground anchorage.
Public Works Department
32. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail between any area used and adjacent to any street, driveway, or parking
area).
33. There shall be a minimum of 5 feet of space around all overhead facilities such as power
poles and 15 feet of spaces around all underground facilities, such as vault lids, vent pipes,
pad mounted transformers, etc.
34. Seating or structures below overhead conductors and/or under the “drip line” shall be
prohibited.
17
Zoning Administrator Resolution No. ZA2021-###
Page 13 of 13
09-30-21
35. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
36. Expanded outdoor dining areas shall adhere to the Southern California Edison clearance
decal requirements.
37. All dead-end drive aisles shall be accommodated a dedicated turn-around area and
minimum 5-foot hammerhead area.
38. The parking lot at 5930 West Coast Highway shall be restriped to accommodate one-way
traffic flow as approved and required by the Public Works and Community Development
Departments.
39. Appropriate one-way signage shall be installed as approved and required by the Public
Works and Community Development Departments.
40. Restaurant employees shall not direct customers to park on 60th Street.
18
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Limited Term Permit No. XP2021-005 and
Coastal Development Permit No. CD2021-036
(PA2021-180)
5930 West Coast Highway
Subject Property
Off-site Parking Lots
(common ownership)
20
Attachment No. ZA 3
Emergency Temporary Use Permit
Action Letter
21
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Cappy’s Café ETUP and ECDP Revision (PA2020-131)
▪ Emergency Temporary Use Permit No. UP2020-063
▪ Emergency Coastal Development Permit No. CD2020-052
Site Location 5930 West Coast Highway
Applicant Tim Campbell of Cappy’s Café
Property Owner 5930 West Coast Highway, LLC
On July 2, 2020 the Community Development Director approved a revised operation under
Emergency Temporary Use Permit No. UP2020-0063 and Emergency Coastal
Development Permit No. CD2020-052 for an existing restaurant at 5930 West Coast
Highway. This approval is based on the following findings and subject to the following
conditions.
I. SUMMARY OF PROPOSED OPERATION
The Applicant proposes to modify operations for the existing Cappy’s Café to ensure the
safety of its employees and patrons, as described in Attachment No. CD 1. The modified
operations are summarized as follows:
1. Temporary closure of a portion near the northwestern corner of the on-site parking
lot to allow for the placement of twenty (20) tables for customer dining. All tables will
be placed such that they are at least seven (7) feet apart. The temporary area will be
sited to ensure the disabled access parking space will not be obstructed.
2. Temporary loss of fourteen (14) parking spaces.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New
Construction or Conversion of Small Structures), respectively, 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. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
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existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The Class 3 exemption includes a
store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The permitted project meets
these criteria and there are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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IV. EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
V. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking requirements, and permit
procedures that regulate the use and development of private or public property
operations are suspended only to the extent that the these provisions or restrictions
set forth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
3. The existing allowed hours of operation of the establishment shall not be extended.
The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall not extend beyond 9 p.m., daily.
4. The use of amplified sound within the temporary area shall be prohibited.
5. The Applicant shall maintain a substantial barrier between the temporary
expansion area and all driving surfaces, including drive aisles and parking spaces.
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6. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
7. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the State Department of Alcoholic Beverage
Control.
8. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
11. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Building
12. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
13. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
14. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
15. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
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Fire
16. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
17. The occupant load shall be posted inside the tented areas.
18. There shall be visible “No Smoking” signs in the tented areas, as well as illuminated
exiting signs and emergency lighting
19. All interior decorative fabrics or materials shall be flame resistant with Certificates
of Flame Resistance.
20. Liquid propane gas containers, if used, shall be located outside and shall be
adequately protected and secured with a permit required. Open flame or other
devices emitting flame, such as candles, are not permitted inside or within 20 feet
of the tent, canopy or temporary membrane structure.
21. Tents and canopies shall have the State Fire Marshal tag indicating fire resistance.
22. Tents and canopies shall be designed and installed to withstand the elements of
the weather and prevent collapsing through weights and ground anchorage.
Public Works
23. There shall be a minimum of 5 feet of space around all overhead facilities, such as
poles, and 15 feet of space around all underground facilities, such as vault lids,
manholes, vent pipes, pad-mounted transformers, etc.
24. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
25. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
26. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided .
27. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
28. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
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29. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
30. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
31. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
32. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit and Coastal Development Permit. 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.
33. These Permits shall supersede those previously issued under PA2020-076.
VI. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director,
______________________________
Benjamin M. Zdeba, AICP
Senior Planner
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Attachments: CD 1 Filed Application
CD 2 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Printed Name and Title
Signature Date
DocuSign Envelope ID: FC672059-9CD6-42D4-A9A2-F68F40E11F91
Tim Campbell
7/2/2020
Owner
28
Attachment No. ZA 4
Detailed Parking Analysis
29
Tmplt: 05/27/20
30
Tmplt: 05/27/20
Attachment No. ZA 5
Public Comments
31
32
33
34
35
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: November 22, 2021 4:56 PM
To: Murillo, Jaime <JMurillo@newportbeachca.gov>; Harp, Aaron <aharp@newportbeachca.gov>;
Summerhill, Yolanda <YSummerhill@newportbeachca.gov>; Curley, Caitlyn
<CCurley@newportbeachca.gov>; Lee, Amanda <ALee@newportbeachca.gov>; Houlihan, James
<JHoulihan@newportbeachca.gov>; Moss, Heidi <HMoss@nbpd.org>
Cc: tsforza@scng.com; Gustavo Arellano <mexicanwithglasses@gmail.com>
Subject: NEWPORT BEACH ON TRIAL - Civic and Federal Laws
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Gentlepersons,
Attached you will find PHOTOGRAPHIC EVIDENCE as requested by Fire Marshal, Kevin Bass,
and others: https://photos.app.goo.gl/46A9LnTYGe1FvZ3LA
Cappy's Cafe AZ Meeting
19 new items added to shared album
photos.app.goo.gl
In addition, I will provide the ZA Meeting attendees with documents to demonstrate how and
why the City of Newport Beach has violated its own Civil Laws and Federal Laws under the
Disabled Persons Act.
Thank you for the opportunity to address the upcoming Public Hearing regarding the
proposed expansion of Cappy's Cafe outdoor food service.
Respectfully yours,
Michael Ray Arciaga
In Pro Per
6001 Coast Boulevard #12
Newport Beach, CA 92663
(949) 209-7692
michael@nichrisgroup.com
Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials Received Cappy’s Café Limited Term Permit and CDP_(PA2021-180)
36
Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials Received Cappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)37
Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)38
Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)39
Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)Zoning Administrator - November 24, 2021Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)40
Zoning Administrator - November 24, 2021 Item No. 10a Additional Materials ReceivedCappy’s Café Limited Term Permit and CDP_(PA2021-180)41
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: December 01, 2021 10:17 AM
To: Tim Campbell; Peters, Ryan
Cc: Summerhill, Yolanda; Curley, Caitlyn; tsforza@scng.com; Gustavo Arellano
Subject: Re: Meeting this week
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
TO ALL COPIED HERE;
Please note,
I have NEVER called the NBPD to report that access to my garage was blocked despite the fact
that Code Enforcement, Parking Enforcement, and the Newport Police Department advised me
of my rights to place such a call. Neither can the NBPD produce such a phone call being placed
by me from their own records. However, their collective instructions were reduced to writing
and handed to Tim Campbell on JULY 17, 2021!
To suggest that I have "harassed" Cappy's customers, in any manner, is another lie for which
Mr. Campbell will be called to provide proof under sworn testimony!
As of this writing, the City of Newport Beach and Cappy's Cafe, a California corporation, will
address Mr. Campbell's claims by and through legal proceedings.
The above is for your files and information.
Respectfully,
Michael Arciaga
In Pro Per
From: Tim Campbell <tim@cappyscafe.com>
Sent: Wednesday, December 1, 2021 8:57 AM
To: rpeters@nbpd.org <rpeters@nbpd.org>
Cc: ysummerhill@newportbeachca.gov <ysummerhill@newportbeachca.gov>; rpeters@nbpd.org
<rpeters@nbpd.org>; Curley, Caitlyn <CCurley@newportbeachca.gov>; Arciaga Michael
<michael@nichrisgroup.com>
Subject: Fwd: Meeting this week
Good Morning Lt. Peters,
I want to respond to Michael’s misinformation that he has provided to you below.
First off, every time Michael calls NBPD or the City Parking Enforcement division, they have seen NO
violations as Cappy’s does not allow cars to park in front of the 3 enclosed garages at the Cove
42
We hire a parking attendant every weekend and holidays to make sure no one parks in front of 3
garages and insures parking safety for all of our customers.
In over 39 years, Cappy’s has never had an issue with any resident until Michael this Summer.
We have had to ban Michael from Cappy’s Cafe and install Private Property signs to keep him off our
property.
Michael has been seen multiple times harassing Cappy’s customers by banging on their car windows,
taking photos of
my customers as well as telling customers that they should not come to my restaurant.
Michael is writing all of these emails to the city as well as the NBPD because he doesn’t want Cappy’s to
have a Canopy in the back parking lot.
Having an outdoor canopy at Cappy’s Cafe insures our customers are safe as we experience more global
Covid related viruses.
Have a wonderful day,
Tim Campbell
Cappy’s Cafe
Owner
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: Monday, November 29, 2021 3:12 PM
To: Peters, Ryan <rpeters@nbpd.org>
Cc: ysummerhill@newportbeachca.gov <ysummerhill@newportbeachca.gov>
Subject: Re: Meeting this week
Mr. Peters,
Apparently, you have been ill-advised and misinformed.
What should have been a simple Parking Enforcement issue has become a
matter of Federal Law.
Yolanda Summerhill in Aron Harp's office is aware of the violations of the
Disabled Persons Act for which Cappy's Cafe. a California corporation, and the
City of Newport Beach will be held accopuntable.
As such, this is not a matter for local police. If and when it becomes prudent, I
may contact you directly.
Signed this date,
Michael Arciaga
In Pro Per
(949) 209-7692
43
From: Peters, Ryan <rpeters@nbpd.org>
Sent: Monday, November 29, 2021 11:14 AM
To: Arciaga Michael <michael@nichrisgroup.com>
Subject: FW: Meeting this week
Mr. Arciaga,
I appreciate your efforts to end the illegal parking issue on 60th street. We encourage
you and the other residents to call the non-emergency dispatch number, (949)644-3717,
when there is a situation that needs our attention, especially on the weekends as we
only have one parking control officer available on the weekends.
If the garages are blocked, please call the non-emergency dispatch number and explain
that the garages are blocked. Dispatch will generate a call and garage blocks are high
priority. Garage blocks must be radio calls.
Additionally, Ms. Moss will not be meeting with you at this time. If, in the future, you
possess a valid subpoena, please go through our departments subpoena process and we
will respond to it appropriately based on our department policy.
Any further questions or concerns please call me.
Lt. Peters
Ryan Peters | Lieutenant
Traffic Division | SWAT Commander
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
949-644-3740 | rpeters@nbpd.org
Confidentiality Notice: This email may contain material that is confidential, privileged
and/or attorney work product for the sole use of the addressee. Any review by,
reliance or distribution by others or forwarding to others without express permission
is strictly prohibited. If you receive this transmission in error, you are advised that any
disclosure, copying, distribution, or the taking of any action in reliance upon the
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall
not compromise or waive the attorney-client privilege as to this communication. If
you have received this communication in error, immediately notify the sender. Thank
you.
44
From: Moss, Heidi
Sent: Monday, November 29, 2021 9:52 AM
To: Peters, Ryan <rpeters@nbpd.org>
Subject: FW: Meeting this week
Heidi Moss
Parking Control Supervisor/Traffic Division
Newport Beach Police Department
949.644.3741 | 949.644.3749 | hmoss@nbpd.org
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: Monday, November 29, 2021 9:50 AM
To: Moss, Heidi <HMoss@nbpd.org>; Summerhill, Yolanda
<YSummerhill@newportbeachca.gov>
Cc: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Re: Meeting this week
Warning, External email: The content or attachments contained in this
message may be harmful. DO NOT CLICK links or attachments if you do
not recognize the sender.
Dear Heidi,
Thank you, I did have a splendid Thanksgiving with my kids and we are looking
forward to more of the same for Christmas. Actually, we are planning a Family
Reunion here in Newport Beach.
About meeting. Unfortunately, I must insist you SEE the additional photographs
and videos along with some of the pertinent documents because you will be
called to testify in court as to your findings, actions, etc. What appears to be a
simple Parking Enforcement issue is much more of a legal matter wherein the
City of Newport Beach AND Cappy's Cafe, a California corporation, will be named
as Defendants.
A PROMISE YOU, the meeting will be brief, to the point, and will provide you
with sufficient evidence to make your testimony critical to the City's position vis-
a-vis its own liabilities and responsibilities to its citizens, neighbors, and certain
45
senior, low-income, disabled veterans whose Rights, Privileges, and Protections
are at issue.
Please let me know what is most convenient for you any day after this
Tuesday. I'm also happy to meet you at any location you prefer.
Thank you for your cooperation, it is much appreciated,
Michael Arciaga
In Pro Per
(949)_209-7692
From: Moss, Heidi <HMoss@nbpd.org>
Sent: Monday, November 29, 2021 9:19 AM
To: Arciaga Michael <michael@nichrisgroup.com>; Summerhill, Yolanda
<YSummerhill@newportbeachca.gov>
Subject: RE: Meeting this week
Good morning, Michael,
Thank you. I hope you had a wonderful Thanksgiving as well.
There’s no need to meet for me. I saw your photos and understand the situation and the
concerns.
I advised the weekend parking control officer of the situation last week.
I am also in the process of writing up an email to send to the parking enforcement team
and the appropriate patrol officer team to explain the situation.
I will include some of your photos to detail the issues that have been occurring.
I encourage you and the other residents to call the non-emergency dispatch number,
(949)644-3717, when there is a situation that needs our attention, especially on the
weekends as I only have one parking control officer available on the weekends.
If the garages are blocked, please call the non-emergency dispatch number and explain
that the garages are blocked. Dispatch will generate a call and garage blocks are high
priority. Garage blocks must be radio calls.
Please let me know if you have any questions. Thank you - Heidi
46
Heidi Moss
Parking Control Supervisor/Traffic Division
Newport Beach Police Department
949.644.3741 | 949.644.3749 | hmoss@nbpd.org
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: Monday, November 29, 2021 8:44 AM
To: Moss, Heidi <HMoss@nbpd.org>; Summerhill, Yolanda
<YSummerhill@newportbeachca.gov>
Subject: Meeting this week
Warning, External email: The content or attachments contained in this
message may be harmful. DO NOT CLICK links or attachments if you do
not recognize the sender.
Good morning, Heidi and Yolanda,
Welcome back! I hope your Thanksgiving holiday was a happy and healthy one.
I have a hectic two days but I am hopeful we can meet separately later this
week.
Heidi, the Parking Enforcement issues are relatively simple to resolve given the
photographic evidence I have to show you. Based on my meeting with Jaime
Murillo, Makana Nova, and Caitlyn Curley last Wednesday, they seem to think
"enforcement" will resolve my concerns;
not entirely.
And Yolanda, given the 48 pages of documented evidence I showed these three,
I know the legal issues are NOT within their respective areas of concern and
responsibility. Likewise, I hope you are available sometime after Tuesday.
Heidi and Yolanda, please let me know when we can meet according to your
respective calendars.
Many thanks, and I look forward to seeing you sometime soon,
Michael Arciaga
In Pro Per
(949) 209-7692
IMPORTANT WARNING and CONFIDENTIALITY NOTICE: This e-mail (and any attachment)
is only intended for the use of the person or entity to which it is addressed, and may
contain information that is privileged and confidential. All recipients, including
employees of the City of Newport Beach, are obligated to maintain this communication
in a safe, secure and confidential manner. Unauthorized disclosure or failure to maintain
confidentiality is strictly prohibited and may be a violation of state and/or federal law(s)
47
and carry criminal and/or civil penalties. Additionally, the unauthorized disclosure or
failure to maintain confidentiality this e-mail (and any attachments) by employees of the
City of Newport Beach may be a violation of City of Newport Beach and/or Newport
Beach Police Department policies. If you are not the intended recipient, please
immediately notify the sender by return e-mail and delete this message from your
computer without making a copy or distribution.
48
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: December 02, 2021 2:56 AM
To: Tim Campbell; Peters, Ryan
Cc: Summerhill, Yolanda; Curley, Caitlyn; Craig A. Welin; tsforza@scng.com;
Gustavo Arellano
Subject: Re: Meeting this week
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To All Copied Here,
Except for Lt. Peters, those copied here know that Tim Campbell has lied numerous times
about (1) "owning the and in front of the garages",
(2) "an easement" that does not exist (3) that "I have harassed his customers" (4) and that his
vendors and customers "never block my access to my garage".
The photographic evidence already presented, and the numerous emails show will serve to
document and contradict Tim Campbell's many false allegations. To state that "Michael has
been seen multiple times harassing Cappy's customers by banging on their car windows"
demonstrates just how desperate Tim Campbell has become for fear being found out in a court
of law. Fortunately, his business, the adjacent parking lot, and 60th Street are all protected
with "Cappy's 24-hour video cameras". I look forward to seeing Mr. Campbell's video proof,
and/or sworn testimony by any witnesses of me committing any of the allegations made by this
liar. As and when Mr. Campbell swears to such allegations without any proof, he will commit
perjury!
Michael Arciaga
In Pro Per
From: Tim Campbell <tim@cappyscafe.com>
Sent: Wednesday, December 1, 2021 8:57 AM
To: rpeters@nbpd.org <rpeters@nbpd.org>
Cc: ysummerhill@newportbeachca.gov <ysummerhill@newportbeachca.gov>; rpeters@nbpd.org
<rpeters@nbpd.org>; Curley, Caitlyn <CCurley@newportbeachca.gov>; Arciaga Michael
<michael@nichrisgroup.com>
Subject: Fwd: Meeting this week
Good Morning Lt. Peters,
I want to respond to Michael’s misinformation that he has provided to you below.
First off, every time Michael calls NBPD or the City Parking Enforcement division, they have seen NO
violations as Cappy’s does not allow cars to park in front of the 3 enclosed garages at the Cove
49
We hire a parking attendant every weekend and holidays to make sure no one parks in front of 3
garages and insures parking safety for all of our customers.
In over 39 years, Cappy’s has never had an issue with any resident until Michael this Summer.
We have had to ban Michael from Cappy’s Cafe and install Private Property signs to keep him off our
property.
Michael has been seen multiple times harassing Cappy’s customers by banging on their car windows,
taking photos of
my customers as well as telling customers that they should not come to my restaurant.
Michael is writing all of these emails to the city as well as the NBPD because he doesn’t want Cappy’s to
have a Canopy in the back parking lot.
Having an outdoor canopy at Cappy’s Cafe insures our customers are safe as we experience more global
Covid related viruses.
Have a wonderful day,
Tim Campbell
Cappy’s Cafe
Owner
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: Monday, November 29, 2021 3:12 PM
To: Peters, Ryan <rpeters@nbpd.org>
Cc: ysummerhill@newportbeachca.gov <ysummerhill@newportbeachca.gov>
Subject: Re: Meeting this week
Mr. Peters,
Apparently, you have been ill-advised and misinformed.
What should have been a simple Parking Enforcement issue has become a
matter of Federal Law.
Yolanda Summerhill in Aron Harp's office is aware of the violations of the
Disabled Persons Act for which Cappy's Cafe. a California corporation, and the
City of Newport Beach will be held accopuntable.
As such, this is not a matter for local police. If and when it becomes prudent, I
may contact you directly.
Signed this date,
Michael Arciaga
In Pro Per
(949) 209-7692
50
From: Peters, Ryan <rpeters@nbpd.org>
Sent: Monday, November 29, 2021 11:14 AM
To: Arciaga Michael <michael@nichrisgroup.com>
Subject: FW: Meeting this week
Mr. Arciaga,
I appreciate your efforts to end the illegal parking issue on 60th street. We encourage
you and the other residents to call the non-emergency dispatch number, (949)644-3717,
when there is a situation that needs our attention, especially on the weekends as we
only have one parking control officer available on the weekends.
If the garages are blocked, please call the non-emergency dispatch number and explain
that the garages are blocked. Dispatch will generate a call and garage blocks are high
priority. Garage blocks must be radio calls.
Additionally, Ms. Moss will not be meeting with you at this time. If, in the future, you
possess a valid subpoena, please go through our departments subpoena process and we
will respond to it appropriately based on our department policy.
Any further questions or concerns please call me.
Lt. Peters
Ryan Peters | Lieutenant
Traffic Division | SWAT Commander
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
949-644-3740 | rpeters@nbpd.org
Confidentiality Notice: This email may contain material that is confidential, privileged
and/or attorney work product for the sole use of the addressee. Any review by,
reliance or distribution by others or forwarding to others without express permission
is strictly prohibited. If you receive this transmission in error, you are advised that any
disclosure, copying, distribution, or the taking of any action in reliance upon the
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall
not compromise or waive the attorney-client privilege as to this communication. If
you have received this communication in error, immediately notify the sender. Thank
you.
51
From: Moss, Heidi
Sent: Monday, November 29, 2021 9:52 AM
To: Peters, Ryan <rpeters@nbpd.org>
Subject: FW: Meeting this week
Heidi Moss
Parking Control Supervisor/Traffic Division
Newport Beach Police Department
949.644.3741 | 949.644.3749 | hmoss@nbpd.org
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: Monday, November 29, 2021 9:50 AM
To: Moss, Heidi <HMoss@nbpd.org>; Summerhill, Yolanda
<YSummerhill@newportbeachca.gov>
Cc: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Re: Meeting this week
Warning, External email: The content or attachments contained in this
message may be harmful. DO NOT CLICK links or attachments if you do
not recognize the sender.
Dear Heidi,
Thank you, I did have a splendid Thanksgiving with my kids and we are looking
forward to more of the same for Christmas. Actually, we are planning a Family
Reunion here in Newport Beach.
About meeting. Unfortunately, I must insist you SEE the additional photographs
and videos along with some of the pertinent documents because you will be
called to testify in court as to your findings, actions, etc. What appears to be a
simple Parking Enforcement issue is much more of a legal matter wherein the
City of Newport Beach AND Cappy's Cafe, a California corporation, will be named
as Defendants.
A PROMISE YOU, the meeting will be brief, to the point, and will provide you
with sufficient evidence to make your testimony critical to the City's position vis-
a-vis its own liabilities and responsibilities to its citizens, neighbors, and certain
52
senior, low-income, disabled veterans whose Rights, Privileges, and Protections
are at issue.
Please let me know what is most convenient for you any day after this
Tuesday. I'm also happy to meet you at any location you prefer.
Thank you for your cooperation, it is much appreciated,
Michael Arciaga
In Pro Per
(949)_209-7692
From: Moss, Heidi <HMoss@nbpd.org>
Sent: Monday, November 29, 2021 9:19 AM
To: Arciaga Michael <michael@nichrisgroup.com>; Summerhill, Yolanda
<YSummerhill@newportbeachca.gov>
Subject: RE: Meeting this week
Good morning, Michael,
Thank you. I hope you had a wonderful Thanksgiving as well.
There’s no need to meet for me. I saw your photos and understand the situation and the
concerns.
I advised the weekend parking control officer of the situation last week.
I am also in the process of writing up an email to send to the parking enforcement team
and the appropriate patrol officer team to explain the situation.
I will include some of your photos to detail the issues that have been occurring.
I encourage you and the other residents to call the non-emergency dispatch number,
(949)644-3717, when there is a situation that needs our attention, especially on the
weekends as I only have one parking control officer available on the weekends.
If the garages are blocked, please call the non-emergency dispatch number and explain
that the garages are blocked. Dispatch will generate a call and garage blocks are high
priority. Garage blocks must be radio calls.
Please let me know if you have any questions. Thank you - Heidi
53
Heidi Moss
Parking Control Supervisor/Traffic Division
Newport Beach Police Department
949.644.3741 | 949.644.3749 | hmoss@nbpd.org
From: Arciaga Michael <michael@nichrisgroup.com>
Sent: Monday, November 29, 2021 8:44 AM
To: Moss, Heidi <HMoss@nbpd.org>; Summerhill, Yolanda
<YSummerhill@newportbeachca.gov>
Subject: Meeting this week
Warning, External email: The content or attachments contained in this
message may be harmful. DO NOT CLICK links or attachments if you do
not recognize the sender.
Good morning, Heidi and Yolanda,
Welcome back! I hope your Thanksgiving holiday was a happy and healthy one.
I have a hectic two days but I am hopeful we can meet separately later this
week.
Heidi, the Parking Enforcement issues are relatively simple to resolve given the
photographic evidence I have to show you. Based on my meeting with Jaime
Murillo, Makana Nova, and Caitlyn Curley last Wednesday, they seem to think
"enforcement" will resolve my concerns;
not entirely.
And Yolanda, given the 48 pages of documented evidence I showed these three,
I know the legal issues are NOT within their respective areas of concern and
responsibility. Likewise, I hope you are available sometime after Tuesday.
Heidi and Yolanda, please let me know when we can meet according to your
respective calendars.
Many thanks, and I look forward to seeing you sometime soon,
Michael Arciaga
In Pro Per
(949) 209-7692
IMPORTANT WARNING and CONFIDENTIALITY NOTICE: This e-mail (and any attachment)
is only intended for the use of the person or entity to which it is addressed, and may
contain information that is privileged and confidential. All recipients, including
employees of the City of Newport Beach, are obligated to maintain this communication
in a safe, secure and confidential manner. Unauthorized disclosure or failure to maintain
confidentiality is strictly prohibited and may be a violation of state and/or federal law(s)
54
and carry criminal and/or civil penalties. Additionally, the unauthorized disclosure or
failure to maintain confidentiality this e-mail (and any attachments) by employees of the
City of Newport Beach may be a violation of City of Newport Beach and/or Newport
Beach Police Department policies. If you are not the intended recipient, please
immediately notify the sender by return e-mail and delete this message from your
computer without making a copy or distribution.
55
Tmplt: 05/27/20
Attachment No. ZA 6
SCE Clearance Decals
56
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
57
58
D5459
Tmplt: 05/27/20
Attachment No. ZA 7
Project Plans
60
GSEducationalVersion
SHEET TITLE:
SHEET 4 OF 4
SD2
PROJECT TITLE:PROJECT ADDRESS:
FLOOR PLANCOMMERCIAL
PARKING LAYOUT
ALMARA DESIGN
RESIDENTIAL - COMMERCIAL
DESIGN STUDIO
contact@almaradesign.com
almaradesign.com
(747) 344 4787
5930 W. COAST HWY
NEWPORT BEACH CA5'-0"20'-0"35'-3"2'-0"
40'-0"
2'-0"
12'-0"12'-0"12'-0"15'-10"6'-0"9'-0"5'-1"15'-3"8'-6"8'-6"8'-6"8'-6"8'-6"18'-0"26'-1"18'-0"18'-0"18'-0"8'-6"
8'-6"
8'-6"
8'-6"
HOSTESSSTAND AREA
CANOPY 40X20 FT
CAPPY'S CAFE
5930 W. COAST HWY
NEWPORT BEACH CA
PATIOCOVE APARTMENTS
6000 W. COAST HWY
NEWPORT BEACH CA WATER BARRIERWATER BARRIER
WATER BARRIERACCESSIN/OUTNO
PARKING
TRASH
1
2
3
4
5
7
8
9
101112
15 WATER BARRIERWATER BARRIERWATER BARRIER WATER BARRIER WATER BARRIER
WATER BARRIERWATER BARRIER45O
45O
135O
ONE WAYONE WAYONE WAYONE WAYONE WAYONE WAY
COAST HWY60TH ST.ONE WAY
R5-1 (TYP.)
PAVEMENT ARROW TYPE I
DETAIL A24A
R6-1 (TYP.)
6
1 FLOOR PLAN 1/16" = 1'-0"
61
Parking Exhibit
62