HomeMy WebLinkAbout01 - Juliette Restaurant Exapansion - PA2013-248COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 27, 2014
Agenda Item No. 1:
SUBJECT: Juliette Restaurant Expansion (PA2013 -248)
1000 Bristol Street North, Suites 11 and 12
Minor Use Permit No. UP2013 -029
APPLICANT: Fountainhead Restaurant, Inc., dba Juliette Kitchen + Bar
PLANNER: Fern Nueno, Associate Planner
( 949) 644 -3227, fnueno @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -11 (Newport Place Planned Community)
• General Plan: CG (General Commercial)
PROJECT SUMMARY
The applicant requests a Minor Use Permit (Amendment No. 2 to UP1838) for the
expansion of an existing restaurant. The business currently operates a restaurant in
Suite 11 and operates a retail store in the front portion of Suite 12 that includes wine
sales. The expansion of the restaurant would increase the net public area (seating
area) into Suite 12 by 180 square feet and it will accommodate approximately 12
additional seats. The rear of the suite would remain office and storage use for the
restaurant. A small portion (approximately 15 percent) of the floor area within Suite 12
would be devoted to accessory retail sales including wine sales. The restaurant
currently operates with a Type 47 ABC license and no late hours (after 11 :00 p.m.) are
proposed as part of this application.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2013 -029 (Attachment No. ZA 1).
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DISCUSSION
• The subject property is located in the Plaza Newport Shopping Center near
Jamboree Road and State Route 73. The center includes a mix of general
commercial uses such as restaurants, retail sales, personal services, and an urgent
care center. The site is developed with four (4) multi- tenant commercial buildings
and a surface parking lot with 222 spaces.
• Use Permit No. UP1838 was approved for Suite 11 by the Planning Commission in
August 1977 to allow the establishment of a restaurant facility with incidental on -sale
beer and wine. A minimum of one parking space for each 40 square feet of net public
area was required. The staff report indicated the hours of operation would be from
11:00 a.m. to 9:00 p.m. daily, although no conditions of approval were adopted limiting
the hours of operation.
• In August 1991, the City signed an ABC zoning affidavit for an upgrade of licensed
privileges from the Type 41 License (beer and wine) to allow a Type 47 License (full
liquor) for Suite 11, with a note stating "no changes in the operational characteristics."
• In August 1993, the Planning Commission approved an amendment to Use Permit No.
UP1838 allowing an expansion of the existing restaurant with a 480 - square -foot
outdoor dining area resulting in a total of 1,670 square feet of net public area. The
Planning Commission waived the requirement for the provision of additional parking
spaces, and established a condition of approval requiring a minimum of 30 parking
spaces for the restaurant facility at all times. The hours of operation discussed in this
staff report were 11:00 a.m. to 11:00 p.m. daily, and the applicant indicated the
restaurant "may stay open later on Friday and Saturday nights." However, no
conditions of approval were adopted limiting the limited hours of operation.
• On April 13, 2013, the Community Development Director approved Staff Approval No.
SA2012 -008 (PA2012 -033) determining substantial conformance with Use Permit No.
UP1838 (Amended), allowing for the addition of a retail component to the existing
restaurant in Suite 11 with an expansion into an adjoining tenant space (Suite 12),
including alcohol sales.
The restaurant use is typical for this type of shopping center development and the
proposed expansion of the restaurant into Suite 12 with accessory retail wine sales is
consistent with the CG General Plan Land Use Element category.
• Pursuant the PC -11 Development Plan Part II (Commercial), Section II (Permitted
Uses), Group II (Commercial Uses), F (General Commercial), General Commercial
sites allow for commercial uses such as retail, restaurant, hobby stores, professional
services, offices, and other uses of similar nature. A retail store, including the sale of
wine, is an allowed use within this district. A restaurant with no late hours is a general
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commercial use that is allowed subject to the approval of a Minor Use Permit. Use
Permit procedures are outline within Zoning Code Section 20.52.020 (Conditional Use
Permits and Minor Use Permits).
• Other uses in the shopping center include restaurants, urgent care, hair and nail
salons, mail services, health /fitness facility, and retail uses. The project is compatible
with existing and allowed uses within the shopping center.
• The Police Department has reviewed the project and has no objection to the
operation as described by the applicant.
• For most land uses, General Commercial Site 3 utilizes a blended parking
requirement of one (1) space for every 250 square feet of net floor area. The parking
requirement for restaurant uses is established by Use Permit. Suite 11 is required to
provide 30 parking spaces pursuant to Use Permit No. UP1838 based on the interior
net public area of 1,190 square feet. No parking was required for the 480 - square -foot
outdoor dining area due to its small size. Suite 12 is currently required to provide five
parking spaces for the 1,200- square -foot retail sales use. The proposed restaurant
expansion would result in an additional 180 square feet of net public area within Suite
12. The parking requirement for the restaurant is one (1) space for every 40 square
feet of net public area; therefore, the expansion of the restaurant would require five
parking spaces and the conversion of the retail sales use for the proposed expansion
would not increase the parking requirement. The rear half of Suite 12 is used for
storage and office for the restaurant and as such, it does not require parking.
Approximately 15 percent of the floor area within Suite 12 that would remain devoted
to retail sales would not require additional parking as it is accessory to the primary
restaurant use.
• This Minor Use Permit supersedes Staff Approval No. SA2012 -008 (PA2012 -033),
which will be null and void should this subject application be approved and exercised.
• Use Permit No. UP1838 (Amended), including all conditions of approval, is still in
effect. Additional operational conditions of approval are included in the draft Resolution
to ensure the proposed expansion is not detrimental to the community.
• As demonstrated in the attached draft Resolution, staff believes the proposed project
meets the requirements of the Zoning Code and the findings for approval can be
made.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities), which exempts
minor alterations to existing facilities involving negligible expansion of use beyond that
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existing at the time of the lead agency's determination. The proposed project is for a
change of use for a tenant suite within an existing commercial building.
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 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:
F&6 N eno, Associate Planner
JC /fn
Attachments: ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Applicant's Project Description
ZA 4
Project Plans
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Attachment No. ZA 1
Draft Resolution
5
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RESOLUTION NO. ZA2014 -0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -029 (AMENDMENT NO. 2 TO USE PERMIT NO.
UP1838) FOR AN EXPANSION OF A RESTAURANT FOR
PROPERTY LOCATED AT 100 BRISTOL STREET NORTH,
SUITES 11 AND 12 (PA2013 -248)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Hughes, Fountainhead Restaurant, Inc., dba Juliette
Kitchen + Bar, with respect to property located at 1000 Bristol Street North, Suites 11
and 12, and legally described as Parcel 1 of Resubdivision 0541 requesting approval of a
Minor Use Permit.
2. The applicant requests a Minor Use Permit (Amendment No. 2 to UP1838) for the
expansion of an existing restaurant. The business currently operates a restaurant in
Suite 11 and operates a retail store in the front portion of Suite 12 that includes wine
sales. The expansion of the restaurant would increase the net public area (seating
area) into Suite 12 by 180 square feet and it will accommodate approximately 12
additional seats. The rear of the suite would remain office and storage use for the
restaurant. A small portion (approximately 15 percent) of the floor area within Suite 12
would be devoted to accessory retail sales including wine sales. The restaurant
currently operates with a Type 47 ABC license and no late hours (after 11:00 p.m.) are
proposed as part of this application.
3. The subject property is located within the Newport Place Planned Community (PC -11)
Zoning District that designates the site for General Commercial use, and the General
Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 27, 2014, in the Corona del Mar Conference Room
(Bay E -1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to the State
California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing
Facilities).
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2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of
use beyond that existing at the time of the lead agency's determination. The proposed
project is for a change of use for a tenant suite within an existing commercial building.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code,
the following findings and facts in support of the findings for a Use Permit are set forth:
Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code).
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the
Zoning Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The proposed establishment is located within Reporting District 34, wherein the crime
rate is higher than adjacent Reporting Districts (RDs) and the City. The adjacent RDs
(33 and 36) have a lower crime rate as they are primarily developed with residential
uses and have fewer commercial uses that RD34. Due to the high concentration of
commercial land uses in the Airport Area, the crime rate is greater than in the adjacent
primarily residential RDs; however, the Police Department does not consider the
number significant given the type of development is located within RD34.
ii. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. In 2013, there were 64 calls for service at 1000 Bristol Street North, one of which was
for drunk driving in progress. The crime statistics are summarized in the table below:
2. Due to the high concentration of commercial uses, the calls for service, crimes, and
number of arrests are greater than in adjacent primarily residential Reporting Districts.
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Calls for
Part I
Part II
DUI
Public
Location
Service
Crimes
Crimes
Arrests
Intoxication
Arrests
1000 Bristol
64
1
4
0
0
Street N
RD34
3985
93
180
28
14
RD33
1722
56
124
15
1
RD36
2958
66
86
19
3
2. Due to the high concentration of commercial uses, the calls for service, crimes, and
number of arrests are greater than in adjacent primarily residential Reporting Districts.
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The Police Department does not believe the crime rate is a concern because of the
lack of residential uses and concentration of restaurants and commercial uses within
the Airport Area (RD34).
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. The Plaza Newport Shopping Center does not abut sensitive land uses and is separated
from other uses by parking lots, roadways, and other commercial uses. The Airport Area
allows for some mixed -use nearby, although no residential units have been developed to
date. The proposed use is not located in close proximity to any residential districts, day
care centers, park and recreation facilities, places of religious assembly, or schools.
iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on -site consumption.
1. The subject restaurant has the only active ABC licenses within the Newport Place
Shopping Center (Type 47 — On -Sale General Eating Place and Type 58 — Caterer
Permit). There are 32 active licenses within RD34.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. The existing restaurant does not have any current objectionable conditions. The project
has been reviewed and conditioned to ensure that the purpose and intent of Section
20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the restaurant. Operational
conditions of approval relative to the sale of alcoholic beverages will help ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Findinq:
1. The proposed use is designated as CG (General Commercial) within the Land Use
Element of the General Plan, which is intended to provide a wide variety of commercial
activities oriented primarily to serve citywide or regional needs. An eating and drinking
establishment is a commercial use that serves local and regional needs and is
consistent with the CG designation.
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2. The subject property is not located within a Specific Plan area.
Finding:
C. 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 site is located in the PC -11 (Newport Place Planned Community) Zoning District
within General Commercial Site 3. Pursuant the PC -11 Development Plan Part II
(Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F (General
Commercial), General Commercial sites allow for commercial uses such as retail,
restaurant, hobby stores, professional service uses, and offices. Restaurants are an
allowed use subject to approval of a Use Permit. Retail stores are an allowed use
within this district. The proposed application does not present any conflicts with the
purpose and intent of this district.
2. For most land uses, General Commercial Site 3 utilizes a blended parking requirement
of one (1) space for every 250 square feet of net floor area. The parking requirement
for restaurant uses is established by Use Permit. Suite 11 is required to provide 30
parking spaces pursuant to Use Permit No. UP1838 based on the interior net public area
of 1,190 square feet. No parking was required for the 480 - square -foot outdoor dining
area due to its small size. Suite 12 is currently required to provide five parking spaces for
the 1,200- square -foot retail sales use. The proposed restaurant expansion would result
in an additional 180 square feet of net public area within Suite 12. The parking
requirement for the restaurant is one (1) space for every 40 square feet of net public
area; therefore, the expansion of the restaurant would require five parking spaces and
the conversion of the retail sales use for the proposed expansion would not increase the
parking requirement. The rear half of Suite 12 is used for storage and office for the
restaurant and as such, it does not require parking. Approximately 15 percent of the
floor area within Suite 12 that would remain devoted to retail sales would not require
additional parking as it is accessory to the primary restaurant use.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. General commercial uses are allowed in the vicinity, including retail sales, personal
service, restaurant, and office uses. The subject suite is located among other
commercial uses within a shopping center near Jamboree Road and State Route 73.
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2. Suite 12 is 1,200 square feet and is located within a multiple- tenant commercial
building. The shopping center is located within a commercial area with mixed -use
allowed in the Airport Area and the John Wayne Airport nearby. The shopping center
fronts Bristol Street North. Other uses in the shopping center include restaurants, hair
and nail salons, mail services, health /fitness facility, and retail uses. The project is
compatible with existing and allowed uses within the shopping center.
3. The existing multiple- tenant commercial building is not changing as a result of this
project. The existing building design, location, and size previously used for commercial
uses have not proven detrimental to the nearby residential uses. The site is developed
with adequate shared parking and trash storage facilities.
4. The operational characteristics of the proposed establishment would be that of a
typical restaurant that would serve residents, visitors, and employees, with accessory
retail wine sales. The proposed use would not increase the parking requirement, have
late hours of operation, nor create any adverse noise impacts outside of the
establishment. The abutting properties are commercial and the abutting streets.
Therefore, the operating characteristics would be compatible with the allowed
commercial uses in the vicinity.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The shopping center property is approximately 3.91 acres, and is developed with four
(4) multiple- tenant commercial buildings and a surface parking lot with 222 spaces.
The existing building and parking lot have functioned satisfactorily with the current
configuration. The lot fronts Bristol Street North and has two (2) vehicular access
points into and out of the shopping center.
2. The site is developed with an existing multiple- tenant commercial building that is not
physically changing as a result of this project. The design, location, shape, and size
have been suitable for the commercial uses on site. Adequate public and emergency
vehicle access, public services, and utilities are provided within the existing property
and the proposed project will not negatively affect emergency access.
3. The Public Works Department, Building Division, and Fire Department have reviewed
the application. The project is required to obtain all applicable permits from the City
Building and Fire Departments and must comply with the most recent, City- adopted
version of the California Building Code.
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Finding:
F. Operation of the use at the location proposed 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 proposed use.
Facts in Support of Finding:
1. The proposed use is similar to and compatible with other commercial uses in the
vicinity, and complements the retail sales and service uses in the immediate area.
The use will serve nearby residents, employees, and visitors to the area.
2. The proposed use will not have late hours of operation or create any adverse noise
impacts outside the establishment as no changes to the outdoor patio are authorized.
3. The proposed use will not impact parking within the shopping center as no additional
off - street parking is required.
4. The Police Department has reviewed the project and has no objection to the operation
as described by the applicant.
5. Compliance with the Municipal Code is required and will further ensure that the
proposed use will not be detrimental.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013 -029, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This resolution supersedes Staff Approval No. SA2012 -008 (PA2012 -033), which upon
vesting of the rights authorized by this Minor Use Permit, shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF MARCH, 2014.
Brenda Wisneski, AICI
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. All conditions of approval of Use Permit No. UP1838 (Amended) shall remain in effect.
2. 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.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may beapause for revocation of this Use
Permit.
5. This Minor Use Permit may be modified or Avoke-by the Zoning Administrator if
determined that the proposed use 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new Minor Use Permit.
7. 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.
8. The interior net public area shall be limited to a maximum of 1,400 square feet. The net
public area of the outdoor dining area shall be limited to 480 square feet.
9. The hours of operation shall be limited to between 8:00 a.m. and 11:00 p.m., daily.
10. A minimum of one parking space for each 40 square feet of net public area, excluding
outdoor dining, shall be maintained in the shared parking lot.
11. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code, unless the Planning
Commission first approves an amended Use Permit.
12. Food service from the regular menu must be available to patrons up to 30 minutes
before the scheduled closing time.
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13. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
14. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the full service menu.
There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
15. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
17. There shall be no on -site radio, television, video, fi or other electronic media
broadcasts, including recordings to be broadcasted at a er time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit issued by the City of Newport Beach.
18. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of this restaurant business that would attract large
crowds, involve the sale of alcoholic beverages, include any form of on -site media
broadcast, or any other activities as specified in the Newport Beach Municipal Code to
require such permits.
19. There shall be no live entertainment allowed on the premises.
20. There shall be no dancing allowed on the premises.
21. Strict adherence to the maximum occupancy limits shall be required.
22. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
23. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
24. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
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certifying /licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
Minor Use Permit. Records of each owner's, manager's, and employee's successful
completion of the required certified training program shall be maintained on the
premises and shall be presented upon request by a representative of the City of
Newport Beach.
25. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements
of the Newport Beach Municipal Code.
26. No outside paging system or loudspeaker shall be utilized in conjunction with this
establishment.
27. 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 decorafiVe solid roof for aesthetic and screening
purposes.
28. 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.
29. 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.
30. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
31. Prior to issuance of a building permit for any future renovations to the project site, a new
approved reduced pressure backflow assembly will be required to protect the existing
domestic water service, unless otherwise approved by the Public Works Department.
32. All exterior signs shall be in accordance with the approved development standards
allowed for signs in Newport Place.
33. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Minor Use Permit.
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34. 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.
35. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
36. 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 the Juliette Restaurant Expansion including, but not
limited to, the Minor Use Permit No. UP2013 -029. 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.
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Attachment No. ZA 2
Vicinity Map
19
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VICINITY MAP
Minor Use Permit No. UP2013 -029
PA2013 -248
1000 Bristol Street North, Suites 11 and 12
::Ij
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22
Attachment No. ZA 3
Applicant's Project Description
23
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M,
Applicant: Fountainhead Restaurant, inc. dba Juliette Kitchen + Bar
Request Approval of Conditional Use Permit (ABO) permitting the expansion of
Type 47 On Sale General Eating Place License(beer, wine and distilled
spirits) to adjoining suite( #12) of the existing Juliette Kitchen + Bar
(formerly Tradition By Pascal) and commonly referred to as Suite 11).
Proposed Use: Restaurant With On -Sale Service of Beer, Wine & Distilled Spirits
Address: 1000 Bristol St. North, Ste.11 &12, Newport Beach, CA 92660
PROJECT NARRATIVE
The proposed project is for the approval of Conditional Use Permit (ABO) permitting the
expansion of Type 47 On -Sale General Eating Place License (beer, wine and distilled
spirits) to adjoining suite( #12) of the existing Juliette Kitchen + Bar(formerly Tradition
by Pascal and commonly referred to as suite 11) located in the airport area at 1000 Bristol
Street, Suite 11 &12, Newport Beach, CA 92660. The existing restaurant is "Juliette
Kitchen + Bar" and is owned and operated by John Hughes and Juliette Chung. "Juliette
Kitchen + Bar" is a f4ti service casual fine dining restaurant.
This request is to permit the sale of beer, wine and distilled spirits for on -sale
consumption in conjunction with the operations of the restaurant. Service of beer wine
and distilled spirits is made for the convenience of patrons dining at the restaurant.
The subject property is located within the airport area. The site is bounded by other
commercial and office uses. There are no residents in the general area. The proposed
restaurant will serve the local residents of the surrounding community, tourists and office
workers.
The restaurant is open six(6) days a week The current hours of operation are as follows:
Monday- Thursday 11:00 am to 10:00 pm
Friday 11:00 AM to 10:30pm
Saturday 4:00 pm to 10:30pm
Sunday (closed)
The restaurant currently seats 78 interior seats, eight(8) of which are bar seats in
compliance with the current CUP. There are 12 additional patio seats on the outside
dining patio, which are available for dining after 4:00 pm only.
Suite 12 is currently approved by the City of Newport Beach as a retail usage with a net
public are of 100 SF and six(6) seats. The current parking requirement for Suite 12 is
5 11000 and translates to six(6) parking spaces for the Suite 12 which is 1,200 SF.
Applicant is not requesting any additional seating for Suite 12.
Applicant's request for Approval of Conditional Use Permit (ABO) permitting the
expansion of Type 47 On -Sale General Eating Place License shall not require any
additional parking other than that which is currently granted for Suites 11 and 12, which
is currently Juliette Kitchen + Bar (formerly Tradition by Pascal). The current parking
requirement and approval for Suite 11 is thirty(30) parking stalls and Suite 12 is six(6)
parking stalls.
The project will employ approximately 7 employees that would be on -site at one time.
The surrounding land uses are as follows:
North: Commercial /Office.
South: Commercial /Office.
East: Commercial /Office
PA2013 -248 for UP2013 -029
1000 Bristol Street North, Suite 11 & 12
Fountainhead Restaurant, Inc., dba Juliette K� en + Bar
APPLICANT: Fountainhead Restaurant, Inc. dba "Juliette Kitchen + Bar"
REQUEST: Approval of Condition Use Permit (ABO) permitting the expansion of
Type 47 On -Sale General Eating Place License(beer, wine and distilled
spirits) to adjoining suite (#12) of the existing Juliette Kitchen + Bar
(formerly Tradition by Pascal and commonly referred to as suite] 1).
PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine and Distilled Spirits
ADDRESS: 1000 Bristol St. North, Ste 11 &12, Newport Beach, CA 92660
USE PERMIT APPLICATION JUSTIFICATION
The proposed project is for the approval of Conditional Use Permit (ABO permitting the
expansion of Type 47 On -Sale General Eating Place License (beer, wine and distilled
spirits) to adjoining suite ( #12) of existing Juliette Kitchen + Bar ( formerly Tradition by
Pascal and commonly referred to as Suite 11) located at 1000 Bristol St. North, Suite 11
& 12, Newport Beach, CA 92660. The existing restaurant is "Juliette Kitchen + Bar" and
is owned and operated by John Hughes and Juliette Chung. "Juliette Kitchen + Bar" is a
frill service casual fine dining restaurant. The applicant currently operates Suite 11 with a
Type 47 On -Sale Beer, Wine and Distilled Spirits Eating Place alcoholic beverage
license. The proposal request meets the requirements set forth in the City of Newport
Beach Municipal Code.
BURDEN OF PROOF:
1. The use is consistent with the General Plan and any applicable specific plan;
Response: The proposed use as a restaurant with beer, wine and distilled spirits is
consistent with the Newport Beach General Plan and provisions of the Municipal
Code.
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
Response: The proposed use as a restaurant with beer, wine and distilled. spirits is
permitted in the zoning district and is subject to all the regulations, conditions,
policies or other requirements of the Municipal Code. No construction will be
required. This is an existing restaurant that has a Type 47 On -Sale General Eating
Place license(beer, wine and distilled spirits). All existing construction(tenant
improvements) has been previously approved and inspected by the City of Newport
Beach.
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity:
Response: The proposed use is not inconsistent with the adjacent uses and will not
materially affect the surrounding community or environment. The proposed project
is ideally suited for the airport area and is not located near any residences. The
approval of the request that serves the local commrunity and tourism, will not
adversely affect the publics health, safety, welfare nor will it jeopardize or endanger
the public. it will not be detrimental to the use, valuation or enjoyment of
surrounding property owners or residents.
PA2013-248 for UP2013-029
1000 Bristol Street North, Suite 11 & 12 2C
Fountainhead Restaurant, Inc., dba Juliette Kitchen + Bar
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities;
Response: The proposed site, an existing shopping center, is not inconsistent with
the adjacent uses and will not materially affect the surrounding community or
environment. The proposed site is ideally suited for the airport area and is not
located near any residences. The approval of the request that serves the local
community and tourism, will not adversely affect the public's health, safety, welfare
nor will it jeopardize or endanger the public. It will not be detrimental to the use,
valuation or enjoyment of surrounding property owners or residents.
5. Operation of the use at the location proposed 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
proposed use.
Response: The proposed use will contribute to the economic growth of the City as it
will serve the local community and tourism. The proposed project will not adversely
affect the public's health, safety, welfare nor will it jeopardize or endanger the
public. It will not be detrimental to the use, valuation or enjoyment of surrounding
property owners or residents.
27
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22
Attachment No. ZA 4
Project Plans
29
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30
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Cafe' Juliette
1000 Bristol Street North
Suite 11 & 12
Newport Beach, CA 9266
DEFERRED SUBMITTAL LIST:
PLANS FOR MODIFICATION TO THE EXISTING FIRE SPRINKLER SYSTEM MUST
BE SUBMITTED TO THE BUILDING DEPARTMENT FOR REVIEW PRIOR TO MAKING
CHANGES TO THE SYSTEM.
PLANS FOR MODIFICATION TO THE EXISTING FIRE SUPRESSION SYSTEM AT
KITCHEN HOOD !RUST BE SUBMITTED TO THE BUILDING DEPARTMENT FOR
REVIEW PRIOR TO MAKING CHANGES TO THE SYSTEM.
SITE PLAN SCALE: 1 "= 30' -0"
7
O
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® ®m ®em ®mm
ONE STORY
(E) PARKING
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(E)
EXISTING DETECTABLE
(E) PARKING
1000 BRISTOL STREET NORTH
NEWPORT BEACH, CA 92660
(E) ONE STORY
PROP. LINE
BRISTOL STREET NORTH
(E) PARKING
(E)
1
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(E) PARKING
PROJECT INFORMATION
TENANT
DRAWING INDEX
I. fame Saba of emerganey. rna xxxxewx..
ARCHITECTURAL
N0. OF
OCCUPANTS
FOUNTAINHEAD RETAURAN7. INC.
at Ivory phono A.xxwx„w,.
Or Con Phone x
PROJECT TIRE: CAFE JULIETTE RESTAURANT
1919 HELIOTROPE DRIVE
CS COVER SHEET
2. Sediment from on disturbed by ....uuMM- shall be mmmda on Sao useq eututurel con:mm m m,
PROJECT LOCATION: 1000 BRISTOL STREET NORTH
SANTA ANA, CA 92706
BAR AREA
' oaent .racrrceble.
Sfompnes
; SUITE I 1 G. '2
(714) 280 -5404
A -0.1 AREA INCREASE PLAN
3. of soil snan be pr,un,r ronlefned to mf.iml v ace mucal tradmml Item me sea t. Abacus,
mcim o mcirace or adjacent pfopv,fus um runmf. vehiem lacking, of wind.
NEWPORT BEACH CA 92660
JOHN HUGHES
A' -0.2 NOTES AND PLANNING APPROVAL
a. A r for call is
pp opdam B, o canAmcfion -,alpmd mo:enals: waswa, sp, s Shoff m impmmerme to m1n'r,I �e
f. 427 - 241 -04
A -0.3 HANDICAP NOTES
ARCHITECT
he i Ig shiall or eti wind ar
from the silo t and
ZONE: CC
A -i DEMOLITION PLAN
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b..w,nea rrom oa✓,pmen� and ..nine w
O chr washing mrdfMd at comas eles,
mall be :.. minae m ronslmplon sins umeao bromd fo
OCCUPANCY GROUP A -2 - !A
2,300 SE
A -2 PROPOSED CONSTRUCTION PLAN
reduce or remde smimedf ono muse ponulante.
Ontur
mmmeror .2e.inl..emr ,ems.nnel oro :o be tutee mmrd of me bon
6. nu evmetu
CONSTRUCTION TYPE. V -0
RESTROOM PLANS AND ELEVATIO :
menvgemen: Aron
s and g.m namve.2ning meowms m, me p erect sR2 am pro vssdckled
d uffene,f
SPRINKLEREO: YES
ftiA. ING
A -3. SEATING PUN
7onnruc9on A, , dmas. -
,."a,
SQUARE FOOTAGE:
P.O. BOX 1512
RESTRCOM PLAN AND ELEVATION
. Al me end at seen day of eonsibuc0dn odh4ty an eonmmmmn aebrts a. ..'a memdols anon P.
EXISTING OCCUPANCY. RESTAURANT, RETAIL
NEWPORT BEACH, CA 92659
A -4 REFLECTED CEILING PLAN
cm lam ad and prescOys dlsfased in trash or recycle bins.
PROPOSED OCCUPANCY RESTAURANT, RETAIL
S. Conelma iOw skez clan he maintained In such a cendiUOn that on anticipated storm does nA carry
(949) 650 -9876
weal. or po"umala OR Ina life. Oivchorgae of material ether than storm .Is, only when nacmmry for
ATTN: BOB ThIORMON
D -1 DETAILS
performance and Iemy do not cause or caret n e f40 o
puvtion of efucic ve oclunts an
CODE SUMMARY
D -2 DETAILS
wco c; ;Share
any y s ppgu0on. mnmmma6o-,,
OWNER
coma. a has2rd.2a substance m . eup.b, raparrome aess, F-ocraf Regulations 40 CFO Port, tune ate
302.
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APPLICABLE CODES:
BUILDING
$ UCTURAL
STRUCTURAL
_
9. PuMmutl p.s,MmA namde but nil Lm:me m: SAW or riatid chemical subtle: names Irom Palms,
C9J L'�c�.
Pmins, oeamms, stuea.�nnles. pasncrosz. herbicides. woos "OSPOallves and somonle. aSOSAms (;be',. pelo:
THE CALIFORNIA BUILDING CODE, 2010
A -1- PROJECT INFO.
oxes r Aucro lmgmanm: fuels, sus, Iubncanls: and nymaugc radiamb or baihry /Wds: tenin4era.
Aide /eysipme t wash sm., and convem w o Pete, Or rAe. dotervonf or Ileamble wusms: �. lies
THE CALIFORNIA MECHANICAL CODE (CMC), 2010
f
1603 EMERALD BAY
q_2. KITCHEN L4YOU7 PLAN'
day angme /equipment steam cicnning oa chemical aegro sing o supammednvme potable wstar Ise
EDITION,
LAGUNA BEACH, CA 92651
A -3^ PALL OPENING PLAN
Iiusbmg. 02rmg construction, permitted snan dispese of such mamrmrs m a spacaled and confrAlod
THE CALIFORNIA PLUMBING CODE (CPC) , 2010
(949) 497 -5407 X I8
ELECTRICAL
SAL
temporary acme err -sits. Pb akmY separofod tram p.tendal stem waver -.at, with H mdIP disposal in
d.elP local. feeemr
EDITION
FAX 949 376 -2197
( )
isca with slam and mIVIS.Pn's
mwmedng of Amecedi- lad er discharging contaminated sans »c surface emsvn i,
THE CALIFORNIA ELECTRIC CODE (CEC), 2010
E -i PANEL SCHEDULE
MP 8 E ENGINEER
ca,..dealer
N Ot 0isenarye Fnminvticn
In he rrevpectirct (Segment
EDITION
E -2 ELECTRIC PLAN
SS,steon from stain 71mer Ougiily Contra,tBoardPonwpn:
asud a.co,
AMERICAN WITH DISABILITIES ACT, ACCESSIBILItt
I1. c
12th war day. 0d is Ito arod 1-rand., drdin dS; from m. loco m dodos at Ina cendu, ion a/
malt n fe ben ere lowmd dend
GUIDELINES (RNIA
M'CHANI A
JS ENGINEERING
,
dres .r h It tallies.
Tha permitted sna snan be and snan lore aecSOrde vlacaudons to prwom
CALIFORNIA BUILDING ENERGY EFFICIENT
2008 B
d safe,me
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STANDARDS
STAN
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A4 -I MECHANICAL PLAN
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20T0 CALIFORNIA FIRE CODE
CA
SAN GABRIEL, CA 91 J]5
IEL,
M -2 ROOF PLAN
t
e. The pe with Me approved glans.
i4. The parmuoee span notify a general scalmelars, swromrectve, suppliers, lessees, and
(626) 497 -0558
M -3 SHEET
ahem %cds info the e. Or
Pmpmty owners: idol dumping the O system or chi watershed is pO nibiled.
M -4 DUCT DETAILS
DUCT
am waMan ter be m de
Is. tfo emergent, work shall be alma a.mldmI mall times during me
SCOPE OF WORK:
om.lAl.ent
a. ,1
facials anal) an vac and mea4piled dl cdnvonivnl IbcoKdnc to mdnlote
a Necessary if be
rapid Of vi dAnee
lion ochry .wires when min is
PLUMBING
! nuth ooble r davfeez snan be i� pmts at me sad at each working toy when ms
place
16. of rcl.
eleven p-Al
1. REMODEL EXISTING
Polo Prot -u 4QZ.
areasiamst cd
2. WALL OPENING INTO ADJACENT S. °ACE FOR RAIL
NI ADJACENT SPA
P -i PLUMBING ISOMETRIC
l). Sediments disedime by snort
17. Se tern: by
exten on s1e usurp nn ones
P -7 PLUMBING PLAN
,mlmenro
ombme6en en to to n of sou
.colon end malls 1. fns maxmfo extent ie and sms,f,
STORE.
M minim tocstre.
shall Me
property contained fo m sediment transport from Ina site Io steeds, tlrvinvge facilities er
a
nt a me bacr iMfi d wino.
n uor ',
adjacent pmpe,
BM mmus materials, wastes, spine . or reslduea snan lmpmmamea
Appbopdvla BWi 'tta ter den
FLOOR AREA CALCULATIONS
are.1 -muted
an if. 1 m
and lathed on Sree to mPolm @e tmnapart /ben: the sum a airays. dramoga IatlllGCe, or aajot,ing
properly by wind or runoff,
OCCUPANCY LOAD CALCULATIONS
PER SQUARE FOOT
(2010) DEC
CAFF'.IIII IFTTF RFSTAIIRANT
EXISTING DETECTABLE
(E) PARKING
1000 BRISTOL STREET NORTH
NEWPORT BEACH, CA 92660
(E) ONE STORY
PROP. LINE
BRISTOL STREET NORTH
(E) PARKING
(E)
1
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OCCUPANCY LOAD
FACTOR
f \\ \
AREA USE I
OCCUPANCY LOAD
FACTOR
SQUARE FOOT
N0. OF
OCCUPANTS
21
OFFICE.
ININC RODAI
1 15
1,016 SE
68
<eo SF. of OpTN 0u101wR annrrC AREA
AS A =Pxav£0 Or Purov:xc 040,
PROP. LINE
40 5F.
BAR AREA
1 200
188 SF.
2
KITCHEN
1 200
756 SF.
4
RESTHOO14
i 300
182 SF.
1
HALL
i 300
158 SF.
1
T07AL
2,300 SE
78 PERSONS
EXISTING DETECTABLE
(E) PARKING
1000 BRISTOL STREET NORTH
NEWPORT BEACH, CA 92660
(E) ONE STORY
PROP. LINE
BRISTOL STREET NORTH
(E) PARKING
(E)
1
1
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(E) PARKING
OCCUPANCY LOAD
FACTOR
f \\ \
EXISTING
VM ACCESSIBLE
SPACE
/ / / / / / / I 11 ; EXISTING PARKING
EXISTING
IIIIT1'1 STANDARD 216 STALLS
n -1 HANDICAPPED 6 STALLS
m m TOTAL 222 STALLS
vol
JULIETTE WINE RETAIL SPACE
AREA USE
OCCUPANCY LOAD
FACTOR
SQUARE FOOT
NO. OF
OCCUPANTS
RETAIL AREA
1130
627 BE
21
OFFICE.
1
103 SE
2
JANITOR CIO.
J 30100 0
40 5F.
i
RESTROOM
1/300
55 BE
I v
STORAGE
1 300
375 BE
2
TOTAL
1, 00 SE
27 PERSONS
PLUMBING FIXTURE COUNT PER CPC 2012
TABLE 4 -IA
RETAURAMT.. 2,300130= 77 PERSONS
OUTDOOR: 480 / 30= 16 PERSONS
RETAIL: 1,2001200= 6 PERSON
TOTAL: 99 PERSONS
50 MEN AND 50 WOMEN
FIXTURES PROVIDED
MEN: I LAVATORY, I WATER CLOSET, I URINAL
WOMEN: 2 LAVATORY, 2 WATER CLOSET
VICINITY MAP
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ALL AISLES. SERVING ONE SIDE ARE A D ACCESSIBLE BAR AREA: 19” DEEP AND 27" 0 HANDICAP ACCESSIBLE DINING TABLE WITH
MINIMUM OF 36" IN WIDTH. HIGH MINIMUM KNEE SPACE, 36" LONG IN PLAQUE DESIGNATION. KNEE HEIGHT MIN.
ALL AISLES SERVING BOTH SIDES ARE A WIDTH AND NO MORE THAN 28" .— 34" 27 ", 34" MAX. HEIGHT AND 30" MIN WIDTH.
MINIMUM OF 44" IN WIDTH. HIGH
NEW WALL Q ALL AISLES SERVING ONE SIDE.ARE A
MINIMUM OF 36" IN WIDTH.
EXISTING WALL ALL AISLES SERVING BOTH SIDES ARE A
. MINIMUM OF 44" IN WIDTH.
GENERAL NOTES WALL LEGEND I KEYED NOTES
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