HomeMy WebLinkAbout04 - Lemon and Honey Day Spa - PA2015-014 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c9LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 12, 2015
Agenda Item No. 4
SUBJECT: Lemon and Honey Day Spa - (PA2015-014)
4101 Birch Street, Suite 130
• Minor Use Permit No. UP2015-005
APPLICANT: Edward Zepfel and Rebekah Diemert
OWNER: Irvine Four, LLC
PLANNER: Jason Van Patten, Planning Technician
(949) 644-3234, jvanpatten@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: OA (Office Airport)
• General Plan: AO (Airport Office and Supporting Uses)
PROJECT SUMMARY
A minor use permit to allow the operation of a day spa (Personal Services, Restricted)
offering facial, waxing and ancillary massage services within an existing two-story
commercial office building.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2015-005 (Attachment No. ZA 1).
DISCUSSION
The applicant proposes a day spa within a currently vacant 1,078-square-foot
tenant space on the ground floor of an existing 9,968-square-foot two-story office
building and has requested to waive location restrictions contained in Section
20.48.120 (Massage Establishments and Services) of the Zoning Code. Adjacent
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Lemon and Honey Day Spa
Zoning Administrator, March 12, 2015
Page 2
land uses predominantly include office to the north, south, and west, and a
vehicle service center is located to the east. A hair salon is located in the
adjacent building at 4060 Campus Drive, and retail and eating and drinking
establishments are located within close proximity to the southeast. The nearest
establishment offering massage services is located across Birch Street
approximately 150 feet to the south.
• The proposed operation will consist of three treatment rooms offering a
combination of facial, waxing, and ancillary massage services between the hours
of 10 a.m. and 7 p.m., Monday through Friday, and 10 a.m. to 5 p.m., Saturday
and Sunday. Staff recommends allowing the establishment to operate between
8:00 a.m. and 9:00 p.m., daily, to allow for flexibility in operation.
• The subject property is located in the Office Airport (OA) Zoning District and
designated Airport Office and Supporting Uses (AO) within the Land Use
Element of the General Plan. These categories are intended to provide for uses
that support or benefit from airport operations. Pursuant to Zoning Code Chapter
20.70 (Definitions), a day spa is classified as a Personal Services, Restricted
land use which may be permitted within the OA Zoning District subject to the
approval of a minor use permit. The proposed project is also intended to provide
services that support or may benefit from John Wayne Airport, consistent with the
AO designation.
• The property is required to provide a total of 42 parking spaces on site
at an office rate of 1 space for every 250 square feet of floor area
(9,968 / 250 = 40). Two of the required spaces are associated with two previously
approved limited auto sales offices, each required to provide a single vehicle
display area by the Department of Motor Vehicles (DMV). Given 44 spaces exist
on site, there remains a two space surplus.
• The parking requirement for a Personal Services, Restricted use is the same
standard required of an office use (1 space per 250 square feet). Therefore, the
proposed conversion of a vacant office space to a day spa does not result in an
intensification of use and no additional parking is required.
• Staff believes the project is compatible with existing and allowed uses within the
office building and surrounding area, and that 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). This exemption
authorizes minor alterations to existing structures involving negligible or no expansion of
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Lemon and Honey Day Spa
Zoning Administrator, March 12, 2015
Page 3
use. The proposed project involves the conversion of a vacant office space to a day spa
and does not involve any alterations to the existing floor plan.
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:
M
Jas Van Patten
Planning Technician
JM/jvp
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
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RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-005 FOR A DAY SPA (PERSONAL SERVICES,
RESTRICTED) LOCATED AT 4101 BIRCH STREET, SUITE 103
(PA2015-014)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Edward Zepfel and Rebekah Diemert on behalf of the
property owner, with respect to property located at 4101 Birch Street, and legally
described as Lot 43 in Tract No. 3201 requesting approval of a minor use permit.
2. The applicant proposes a day spa (Personal Services, Restricted) within a currently
vacant 1,078-square-foot tenant space on the ground floor of an existing
9,968-square-foot two-story office building and has requested to waive location
restrictions contained in Section 20.48.120 (Massage Establishments and Services) of
the Zoning Code. The proposed operation will consist of three treatment rooms
offering a combination of facial, waxing, and ancillary massage services.
3. The subject property is located within the Office Airport (OA) Zoning District and the
General Plan Land Use Element category is Airport Office and Supporting Uses (AO).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 12, 2015, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. This Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the conversion of a
vacant office space to a day spa and does not involve any alterations to the existing
floor plan.
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The property is designated Airport Office and Supporting Uses (AO) within the Land
Use Element of the General Plan which is intended to provide for the development of
properties adjoining John Wayne Airport for uses that support or benefit from airport
operations. These may include professional offices, aviation retail, automobile rental,
sales, and service, hotels, and ancillary retail, restaurant, and service uses.
2. The proposed day spa offering ancillary massage is consistent with the AO
designation as it will provide services that support or may benefit from John Wayne
Airport.
3. The property is not located in a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The property is located within the Office Airport (OA) Zoning District which is intended
to provide for areas appropriate for the development of properties adjoining John
Wayne Airport for uses that support or benefit from airport operations.
2. The principal use of the tenant space will be for a day spa offering facial and waxing
services with ancillary massage services. Pursuant to Zoning Code Chapter 20.70
(Definitions), a day spa is classified as a Personal Services, Restricted land use which
may be permitted within the OA Zoning District subject to the approval of a minor use
permit.
3. The existing 9,968-square-foot building is required to provide 42 parking spaces on
site at an office rate of 1 space for every 250 square feet of floor area
(9,968 / 250 = 40). Two of the required spaces are associated with two previously
approved limited auto sales offices, each required to provide a single vehicle display
area by the Department of Motor Vehicles (DMV). Given 44 spaces exist on site, there
remains a two space surplus.
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Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 7
4. The parking requirement for a Personal Services, Restricted use is the same standard
required of an office use (1 space per 250 square feet). Therefore, the proposed
conversion of a vacant office space to a day spa does not result in an intensification of
use and no additional parking is required.
5. As conditioned, the proposed use will comply with all other applicable provisions of the
Zoning Code and Municipal Code.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The proposed day spa will occupy a 1,078-square-foot tenant space on the ground
floor of an existing two-story office building. The operation will consist of three
treatment rooms offering a combination of facial, waxing, and ancillary massage
services.
2. Based on operational characteristics, the use is not considered an independent
massage facility. Ancillary massage offered in conjunction with facial and waxing
services constitute a small portion of the overall floor area (approximately 13 percent),
thereby limiting any potential blight or deterioration to the surrounding area.
3. The project site and surrounding area consist of a mixture of nonresidential uses
including office, auto services, personal services general, retail, and eating and
drinking establishments which serve residents and visitors to the City of Newport
Beach. The proposed day spa will provide a service that supports or may benefit from
airport operations, consistent with existing and permitted uses in the area.
4. The proposed day spa will not require the provision of additional parking onsite.
5. As conditioned, the allowed hours of operation are 8:00 a.m. to 9:00 p.m., daily,
limiting any potential late night/early morning land use conflicts with nearby properties.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The existing two-story office building and surface parking lot were constructed in 1979
and have since demonstrated that the current configuration with access taken from
Birch Street is physically suitable to accommodate multiple uses.
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Zoning Administrator Resolution No. ZA2015-0##
Page 4of7
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed day spa will not change this.
Finding:
E. 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 Findinq:
1. The use is intended to serve residents and visitors to the City of Newport Beach.
2. The day spa has been conditioned with hours of operation that will minimize any
potential detriment to the area.
3. The proposal has been reviewed by the Building and Code Enforcement Divisions,
Public Works, Fire, and Police Departments, and recommended conditions of approval
have been included to limit any detriment to the City or general welfare of persons
visiting or working in the surrounding neighborhood.
In accordance with Section 20.48.120.8 (Massage Establishments and Services — Waiver of
Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts
in support of the findings for a Minor Use Permit are set forth:
Findin-g:
F. The proposed use will not be contrary to the public interest or injurious to nearby
properties, and that the spirit and intent of this section will be observed.
Facts in Supporting of Finding:
1. The intent of the section is to promote the operation of legitimate massage services
and to prevent problems of blight and deterioration, which accompany and are brought
about by large numbers of massage establishments that may act as fronts for
prostitution and other illegal activity.
2. Although the proposed day spa with ancillary massage services is located within 500
feet of another establishment offering massage (4020 Birch Street, Royal Thai
Massage and Day Spa), both are located within managed, multi-tenant commercial
office building in areas that are well maintained.
3. The proposed use is a day spa offering facial and waxing services along with ancillary
massage. The intended operation will not contribute to a deterioration of the area due
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Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 7
to conditions of approval which prevent the establishment from evolving into an
independent massage, limiting any concerns regarding blight.
Findinq:
G. The proposed use will not enlarge or encourage the development of an urban blight
area.
Facts in Supporting of Finding:
1. The proposed use is located in a single tenant space within a managed, multi-tenant
commercial office building which will prevent problems and discourage the
development of blight. The subject property is not located within a blighted area, is well
maintained, and is intended to provide a service that supports or benefits from the
nearby airport.
Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground.
Facts in Supporting of Finding:
1. The proposed use is located adjacent to nonresidential uses. There are no public or
private schools, parks, playgrounds, or religious institutions within 500 feet of the
subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-005, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2015.
By:
Brenda Wisneski, AICP, Zoning Administrator
07-22-2014
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Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. The hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m., daily.
3. The applicant is required to obtain and Operator's Permit from the Newport Beach
Police Department in compliance with Chapter 5.50 (Massage Establishments) of the
Newport Beach Municipal Code prior to start of business.
4. The applicant is required to obtain a valid business license from the City's Revenue
Division prior to the start of business.
5. The operation of an independent massage business is not permitted unless an
amendment to this Minor Use Permit or a new Use Permit is first approved.
6. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of
the Newport Beach Municipal Code.
7. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Minor
Use Permit.
8. This Minor Use Permit may 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.
9. 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 Use Permit.
10. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department.
12. 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.
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Zoning Administrator Resolution No. ZA2015-0##
Page 7 of 7
13. 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.
14. 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.
15. 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.
16. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
17. 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.
18. 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 Lemon and Honey Day Spa including, but not
limited to, the UP2015-005 (PA2015-014). 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.
07-22-2014
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Attachment No. ZA 2
Vicinity Map
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disclaim any and all responsibility from or relating to
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_F1 Imagery: 2009-2013 photos provided by Eagle
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Attachment No. ZA 3
Applicant's Project Description
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PA2015-014
Project Description
Lemon and Honey Day Spa plans to to offer relaxation and beauty services to all customers,
nondiscriminatory, with a primary focus in Facials and Waxing. We would also plan on offering massage
treatments to coincide with our primary treatments.Our planned use of the space is three treatment
rooms, a relaxing waiting room,a lobby and an office. Our Employee staff will consist of estheticians and
a massage therapist all licensed and certified working within legal parameters of the city and state law.
We hope to be approved for the minor use permit based on our professional manner and boutique
small business model. Ourgoal is to provide a quality and affordable service and to be recognized as a
top location in the industry. With Newport Beach's already notable quality name and reputation we
hope to make it our home and to increase the available quality amenities to Newport Beach and
surrounding cities patrons. Our ownership team brings over 10 years of experience operating as an
independent esthetician contractor practicing within Newport Beach and believe that our high level of
service will be a benefit to the community.
Hours of operation:
10 am -7 pm PST Mon-Fri
10 am -5 pm Sat&Sun .
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1. The use is consistent with the General Plan and any applicable specific plan;
• The General Plan land use designation for the site is: AIRPORT OFFICE AND SUPPORTING USES—
A0. The AO designation is intended to provide for the development of properties adjoining the
John Wayne Airport for uses that support or benefit from airport operations.These may include
professional offices, aviation retail, automobile rental,sales, and service, hotels, and ancillary
retail, restaurant, and service uses.
• The proposed project is a Massage/Esthetician Beauty Spa which would be a service business
(personal services, restricted use,) to be located within an existing tenant space on the ground
floor of an existing commercial building and thus matches the General Plan.
• The subject property is part of a massage establishments and services specific land use section
20.48.120.We are looking for a waiver of the location restrictions in regards to being located
within 500 feet of another massage establishment site as the proposed use will not be contrary
to the public interest or injurious to nearby properties as the use will not enlarge or encourage
the development of urban blight. Nor will it affect religious institution, school, park, or
playground. Our main focus is on the skincare aspect of the Beauty Salon and the massage is a
true ancillary business. Furthermore we have no visible signage from the street. Our licenses
and professional specialists will uphold all regulations and our owner has operated successfully
within the Newport Beach area for the past 10 years as an esthetician.
o Royal Thai Massage and Day Spa:4020 Birch Street, Newport Beach, CA 92660
2. The use is allowed within the applicable zoning district and compiles with all other applicable
provisions of this Zoning Code and Municipal Code
• The site is located within the OA (Office-Airport Zoning District.The OA Zoning District is
intended to provide for areas appropriate for the development of properties adjoining the John
Wayne Airport for uses that support or benefit from airport operations.These may include
corporate and professional offices; automobile sales, rental, and service; aviation sales and
service; hotels; and accessory retail, restaurant, and service uses
• Within section 20.48.120 The OA district allows massage establishments restricted uses subject
to approval of a minor use permit.
• The proposed massage establishment service in conjunction with esthetician services is
consistent with the intent of the OA district pending approval of the minor use permit.
3. The site is physically suitable in terms of design, location, shape,size, operating
characteristics,and the provision of publish and emergency vehicle(e.g.,fire and medical)
access and publish services and utilities;and
• The site is physically suitable to our use as the Day Spa as it is located within an existing tenant
space. No Increase in floor area and no interior improvements are proposed.
• The public works department, building division, and fire department have no concerns regarding
access, public services, or utilities provides to the existing development to our knowledge. No
changes to the actual structure/parking/or access is being proposed.
• The 44 aligned parking spots to 4101 Birch Street meet the 1/250 Sqft metric required as the
building has roughly 9,968 in RSF.This works out to 40 assigned offsite spots.
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4. 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.
• The proposed massage establishment in conjunction with esthetician services is consistent with
the intent of the Office Airport District and will not endanger,jeopardize or otherwise constitute
a hazard to the public convenience, health, interest, safety or general welfare of persons
resigning or working in the neighborhood.
• The proposed operation will offer relaxation and beauty services in three treatment rooms, a
relaxing waiting room, a lobby and an office.The massage therapists and estheticians will be
registered and licensed by all applicable State and Federal departments to provide massage and
skincare services. Our owner operator is a licenses esthetician and will be managing 3-4 other
employee esthetician/massage therapists who will operate on differing schedules mostly by
appointments with very limited "walk-in"services.
• Operating hours 10 a.m.—7 p.m. Weekdays and 10 a.m.—5 p.m. Weekends
• The proposed beauty spa service business will provide a valued service for residents of the
neighborhood and visitors to the area.
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Attachment No. ZA 4
Project Plans
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PA2015-014 Attachment No . ZA 4 - Project Plans
PROJECT DESCRIPTION: V
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MINOR USE PERMIT PLANS TO ALLOW A FACIAL/MASSAGE BUSINESS IN AN — O
EXISTING 1,078 SQUARE FOOT OFFICE SPACE LOCATED ON THE FIRST FLOOR V
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CONSTRUCTION TYPE:
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PROPERTY OWNER:
IRVINE FOUR, LLC
11766 WILSHIRE BLVD., STE. 820
LOS ANGELES, CA 90025
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TENANT: 0 Q
EDWARD ZEPFEL& REBEKAH DIEMERT W J
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COSTA 8-231-6101 MESA, CA. 92626
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410 32ND STREET, SUITE 202
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rajeheber@smail.com
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