HomeMy WebLinkAbout01 - W Cafe Minor Use Permit Amendment - PA2015-218 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
c9treos�`° www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 25, 2016
Agenda Item No. 1
SUBJECT: W Cafe (PA2015-218)
1703 Westcliff Drive
Minor Use Permit Amendment No. UP2015-050
APPLICANT: Omar Belkiz
OWNER: Westcliff Court Limited Partners
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
(949) 644-3253, bzdeba@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: CG (Commercial General)
• General Plan: CG (General Commercial)
PROJECT SUMMARY
A minor use permit amendment to allow alcohol sales and service (ABC License Type
41, Beer and Wine for Bona Fide Public Eating Place) at an existing restaurant (food
service, eating and drinking establishment) approved under Minor Use Permit No.
UP2013-001 (PA2013-004). Late hours are not proposed (after 11:00 p.m.) and no
other substantial operational changes are requested. The applicant will remodel the
interior of the tenant space with new finishes and fixtures; however, the net public area
will not change. The proposal includes 18 seats for patrons.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit
Amendment No. UP2015-050 (Attachment No. ZA 1).
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W Cafe
Zoning Administrator, February 25, 2016
Page 2
DISCUSSION
• The proposed use will be located in a commercial space formerly occupied by a
small cafe called the Tea Room within the Westcliff Court commercial center
located between Sherington Place and Westcliff Drive.
• The former restaurant operated pursuant to Minor Use Permit No. UP2013-001
approved March 14, 2013, which allowed the operation of a food service, eating
and drinking establishment between the hours of 7:00 a.m. and 10:00 p.m., daily.
Alcohol sales was specifically prohibited by the conditions of approval as it was
not proposed as part of the application and, therefore, not considered.
• The proposed amendment would allow alcohol sales and service with a Type 41
(Beer and Wine for Bona Fide Public Eating Place) Alcoholic Beverage Control
(ABC) License. A small restaurant use is typically found within this type of
commercial center development and is consistent with land uses permitted within
the Commercial General (CG) Zoning District and the General Commercial (CG)
General Plan Land Use Element category.
• The hours of operation are not expanding.
• The gross floor area and net public area are not expanding.
• The existing Minor Use Permit No. UP2013-001 requires 17 parking spaces
based on one parking space for every 50 square feet of net public area (810
square feet). Given the prior use maintained a limited retail component; staff
believes the sale and service of alcohol may change the nature of the operation
that may increase parking demand. Staff recommends an increased parking
requirement pursuant to 20.40.060 (Parking Requirements for Food Service
Uses) of one parking space for every 40 square feet of net public area or 21
spaces (four additional spaces).
• Parking is available within the commercial center development to satisfy the
increased requirement (See Attachment No. ZA 3 for Westcliff Court Parking
Summary).
• The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will help ensure compatibility with the
surrounding uses and minimize alcohol related impacts. The project has been
conditioned to help ensure the welfare of the surrounding community and that the
eating and drinking establishment does not become a bar or tavern. The
establishment is required to comply with the requirements of the Alcoholic
Beverage Control Department to maintain a safe environment for customers and
employees.
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W Caf6
Zoning Administrator, February 25, 2016
Page 3
• Conditions require the owners, managers and employees selling or serving
alcohol to undergo and successfully complete a certified training program in
responsible alcohol service.
• The subject application will replace the prior minor use permit should it be
approved and exercised.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1
exemption includes the ongoing use of existing buildings where there is negligible or no
expansion of use. The proposed project involves minor interior alterations to remodel an
existing eating and drinking establishment as well the sale of alcohol which is a
negligible expansion of use.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
Prepared by:
B i . Zdeba, AICP
Associate Planner
JWC/bmz
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
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W Caf6
Zoning Administrator, February 25, 2016
Page 4
ZA 3 Westcliff Court Parking Summary
ZA 4 Police Department Memo
ZA 5 Resolution No. ZA2013-013 approving UP2013-001
ZA 6 Project Plans
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Attachment No. ZA 1
Draft Resolution
2
RESOLUTION NO. ZA2016-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-050 TO ALLOW ALCOHOL SALES AT AN
EXISTING EATING AND DRINKING ESTABLISHMENT
LOCATED AT 1703 WESTCLIFF DRIVE (PA2015-218)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Omar Belkiz, with respect to property located at 1703
Westcliff Drive, and legally described as Parcel 1 of Resubdivision No. 153, requesting
approval of an amendment to a minor use permit.
2. The applicant proposes to allow alcohol sales and service (ABC License Type 41, Beer
and Wine for Bona Fide Public Eating Place) at an existing restaurant (food service,
eating and drinking establishment) approved under Minor Use Permit No. UP2013-001
(PA2013-004). Late hours are not proposed (after 11:00 p.m.) and no other substantial
operational changes are requested to the prior approval.
3. The subject property is located within the Commercial General (CG) Zoning District 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 February 25, 2016, 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 15301 , Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves minor interior
alterations to remodel an existing eating and drinking establishment as well the sale of
alcohol which is a negligible expansion of use.
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Zoning Administrator Resolution No. ZA2016-
Page 2 of 9
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 such findings 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 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 subject property is located in Reporting District 28 (RD 28). The Part One
Crimes (Part One Crimes are the eight most serious crimes defined by the FBI
Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary,
larceny-theft, auto theft, and arson) crime rate in RD 28 is higher than adjacent
Reporting Districts 25, 26 and 29. It should be noted, however, that RDs 25 and
26 cover more area and are primarily residential with a small area devoted to
commercial. Furthermore, RD 29 generally encompasses the area eastward of
Dover Drive and Irvine Avenue to the Back Bay which is entirely residential. The
subject RD contains a larger proportion of commercial with dense, multi-family
residential.
2. Year to date, zero Part ON Crimes have been reported at the subject property.
3. The Police Department has reviewed the proposal, provided operating
conditions of approval, and has no objection to the alcoholic beverage license
type proposed at this location.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. The total number of alcohol-related calls for service, crimes, or arrests in RD 28
is higher than adjacent Reporting Districts 25, 26 and 29, but significantly less
than the City overall inasmuch as it does not account for a large portion of calls
for service, crimes, or arrests. The Police Department has reviewed the
proposal and has no objection.
2. Year to date, zero alcohol-related calls for service, crimes, or arrests have been
reported at the subject property.
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Zoning Administrator Resolution No. ZA2016-
Page 3 of 9
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 site is developed with a commercial center, which is consistent with the
General Plan designation, General Commercial (CG). Properties within the
center consist of retail, service, eating and drinking establishment, office and
medical office uses. The property is not located within close proximity to any
day care centers, hospitals, park and recreation facilities, places of worship,
schools, or similar uses that attract minors, with the nearest of those types
being Bob Henry Park, nearly 900 feet away and buffered by several properties.
Although it is adjacent to residential developments to the north and south, the
property is bound and buffered by Sherington Place and Westcliff Drive. Eating
and drinking establishments with incidental alcohol service have long existed
near the subject location and the proposed Alcoholic Beverage Control license
type is not anticipated to alter the operational characteristics of the use such
that it becomes detrimental to the area.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. Two other eating and drinking establishments within the commercial center sell
and serve alcoholic beverages including Haute Cakes Caffe (Type 41) and Cafe
Gratitute (Type 47). The subject eating and drinking establishment has
requested to allow the sales and service of alcohol with a Type 41 (Beer and
Wine Bona Fide Public Eating Place) license. There is no evidence suggesting
these existing uses have been detrimental to surrounding properties or the
neighborhood.
V. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1 . An eating and drinking establishment without alcohol sales and service has
operated at the subject location since 2013.
2. 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
establishment. Operational conditions of approval recommended by the Police
Department relative to the sale of alcoholic beverages will help to ensure
compatibility with the surrounding uses and minimize alcohol-related impacts.
3. The existing hours of operation of the establishment will minimize the potential
effects on land use. The establishment closes by 10:00 p.m., daily, which will
help to ensure the use does not become a late night bar, tavern, or nightclub.
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Zoning Administrator Resolution No. ZA2016-
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4. The establishment is located within an existing commercial center which is
developed with other commercial uses. Allowing the sales and service of
alcohol will not substantially alter the existing operation, but will complement the
food service and provide a convenience to customers.
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:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The General Plan designates the site as General Commercial (CG), which is intended
to provide for a wide variety of commercial activities oriented primarily to serve
citywide or regional needs.
2. The existing eating and drinking establishment is located within the Westcliff Court
commercial center and serves those working, residing, or visiting the surrounding
neighborhood, consistent with the CG land use designation.
3. The subject property is not a part of 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 Commercial General (CG) Zoning District, which was intended to
provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve Citywide or regional needs. Eating and drinking establishments are
permitted uses with the approval of a use permit when alcohol sales are proposed.
2. The existing eating and drinking establishment operates pursuant to Minor Use Permit
No. UP2003-001, which allowed the sale and service of food and beverage and
established hours of operation between 7:00 a.m. and 10:00 p.m., daily.
3. The use will remain an eating and drinking establishment and the allowance of an alcohol
beverage control license will not substantially alter or intensify the existing use; however,
staff acknowledges the sale and service of alcohol may change the nature of the
operation from that limited under the prior use permit approval. As conditioned, the
parking requirement will be increased to one parking space for every 40 square feet of
net public area. Adequate parking exists on-site to accommodate the increase.
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Zoning Administrator Resolution No. ZA2016-
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4. The conditions of approval will help to ensure that potential conflicts with surrounding
land uses are eliminated or minimized to the greatest extent possible.
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. Eating and drinking establishments with the service of alcohol have long operated near
or within the commercial center and have not proven detrimental to the area.
2. The principal use will remain an eating and drinking establishment and addition of
incidental beer and wine sales will not alter the design, size, or operating
characteristics of the facility.
3. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will help to ensure compatibility with the
surrounding uses and minimize alcohol related impacts. The project has been
conditioned to maintain the welfare of the surrounding community and that the eating
and drinking establishment does not become a bar or tavern. The establishment is
required to comply with the requirements of the Alcoholic Beverage Control
Department to help ensure the safety and welfare of customers and employees of the
establishment. The project has been conditioned so that no dancing or live
entertainment will be permitted on the premises.
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 existing establishment is located within an existing commercial center and has
demonstrated that it is suitable in terms of design, location, shape, and size to support
the use.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on-site.
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
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Zoning Administrator Resolution No. ZA2016-
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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 project has been reviewed and includes conditions of approval to help ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
2. The eating and drinking establishment will continue to service patrons of the
commercial center, surrounding commercial buildings, and provide dining services as
a public convenience to the surrounding neighborhood. The service of alcohol will be
incidental and will complement the principal use of the facility while providing an
economic opportunity for the property owner to maintain a successful business in a
way which best serves the community.
3. As conditioned, the owners, managers and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the CityNewport Beach hereby approves Minor Use
Permit No. UP2015-050, 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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20
Planning and Zoning, of the Newport Beach Municipal Code.
3. This resolution supersedes Zoning Administrator Resolution No. ZA2013-013, which
upon vesting of the rights authorized by this Minor Use Permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2016.
Patrick J. Alford, Zoning Administrator
02-02-2016
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Zoning Administrator Resolution No. ZA2016-
Page 7 of 9
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, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. 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.
5. The hours of operation for the establishment shall be limited to 7:00 a.m. through
10:00 p.m., daily.
6. The interior net public area shall be limited to 810 square feet.
7. A minimum of 21 parking spaces (1 parking space per 40 square feet of net public
area) shall be provided within the commercial center for the establishment.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment
to this use permit or the processing of a new use permit.
9. A copy of the Resolution, including conditions of approval Exhibit "A", shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
10. 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.
11. No outside paging system shall be utilized in conjunction with this establishment.
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Zoning Administrator Resolution No. ZA2016-
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12. All trash shall be stored within the building or within the existing 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.
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. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
16. 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.
17. 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, include any form of on-site media broadcast, or any other
activities as specified in the Newport Beach Municipal Code to require such permits.
18. 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.
19. 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 W Cafe including, but not limited to, Minor Use Permit
No. UP2015-050 (PA2015-218). 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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Zoning Administrator Resolution No. ZA2016-
Page 9 of 9
Police Department
20. There shall be no dancing or live entertainment allowed on the premises.
21. 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
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 certificate of
occupancy. 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.
22. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
23. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
24. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
25. Food service from the regular menu must be made available to patrons during all open
hours.
26. 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.
27. Strict adherence to the maximum occupancy limit is required.
28. 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 Newport Beach Municipal Code Chapter 10.26 and other
applicable noise control requirements of the Newport Beach Municipal Code.
Building Division
29. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
02-02-2016
17
12
Attachment No. ZA 2
Vicinity Map
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21
22
Attachment No. ZA 3
Westcliff Court Parking Summary
23
24
Westcliff Court Parking Summary
(PA2015-218) Minor Use Permit No. UP 2015-050
Unit Tenant Use Sq. Ft. Ratio Requirement
1649 Toys Ahoy Childrens Toys 1,654 1/250 7
1651 Krisp Living Fresh Health Food/Juices 1,008 1/250 4
1665 Sheared Sheep Yarn Shop 650 1/250 3
1681 Albert Hair Hair Salon 743 1/250 3
1701 Gardenology Interior Design/Retail Furnishings 2,356 1/250 9
1703 WCafe Restaurant 810 1/40 21
1705 Barclay Butera, Inc Interior Design/Retail Furnishings 680 1/250 3
1711 Management Office On Site Management 354 1/250 1
1719 Aurelie Boutique Women's Apparel 1,095 1/250 4
1721 Gardenology Interior Design/Retail Furnishings 954 1/250 4
1723 Barclay Butera, Inc Interior Design/Retail Furnishings 2,161 1/250 9
1725 Westcliff Optical Eyewear 1,496 1/250 6
1727 Fascial Works Footwear- Men's&Women's 1,318 1/250 5
1735 Tootsie's Newport Beach Footwear&Accessories - Women's 1,096 1/250 4
1741 Pizza Bakery Pizza by the Slice 1,373 Waiver 10
1745 Butera Collection Interior Design/Retail Furnishings 1,660 1/250 7
1801 Red Balloon Childrens &Women's Apparel 1,950 1/250 8
1803 James Perse Men's &Women's Apparel 1,696 1/250 7
1805 Haute Cakes Deli/Bakery 2,025 Waiver 13
1811 Urban Gardener Florist/Gifts 813 1/250 3
1815 Soho Salon/Day Spa Beauty Aids Supply 943 1/250 4
1821 Kirsty Ashford Hair Salon 2,3691/250 9
1823 Monogram Store Embroidery/Gifts 713 1/250 3
1829 Raffine Day Spa Makeup/Eye Lash Extensions 1,242 1/250 5
1831 Margaret's Cleaners 1 Dry Cleaners L 1,1941/250 5
Total Parking Requiredl 157
Total Parking Providedi 165
February 16, 2016
25
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Attachment No. ZA 4
Police Department Memo
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22
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
43
MEMORANDUM
TO: Benjamin Zdeba, Associate Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: February 4, 2016
SUBJECT: W Cafe
1703 Westcliff Drive
Use Permit No. UP2015-050 (PA2015-218)
At your request, the Police Department has reviewed the project application for a minor use
permit to allow a Type 41 (On-Sale Beer and Wine, Eating Place) Alcoholic Beverage Control
License at an existing establishment, W Cafe.
Statistical Crime Data
Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst
Caroline Staub, which provides detailed statistical information related to calls for service in and
around the applicant's current place of business at 1703 Westcliff Drive.
The Police Department divides the City into areas referred to as Reporting Districts. This
allows the Police Department to create statistical data, as well as better communicate officer
locations while policing. The proposed applicant location is within Reporting District (RD) 28
which is triangular in shape between Irvine Avenue, 16`h Street, and Dover Drive.
• In 2015, RD 28 had a total of 421 reported crimes, compared to a city-wide RD average
of 163 reported crimes.
• RD 28 is 158% over the City-wide average in reported crimes.
• The applicant premise did not require any police calls for service in 2015.
• Of those 218 arrests, (12) were for Driving Under the Influence (DUI) and (19) were for
Public Intoxication.
Over-Saturation and Public Convenience or Necessity
The applicant premise is located within RD 28 which has 5 active licenses and a resident
population of 3172. That is a per capita ratio of 1 license for every 634 residents. Per the
Business and Professions code, we compare this per capita ratio to Orange County's per
capita ratio of 1 license for every 473 residents. This location does not meet the legal criteria
for undue concentration.
29
W Cafe
UP2015-050
• RD 28 contains 5 active ABC licenses.
® RD 28's per capita ratio of ABC licenses is 1 to 634 residents.
m Undue concentration does not exist in the applicant's location.
Public Convenience or Necessity (PCN) is a tool utilized by the Department of Alcoholic
Beverage Control (ABC) and local governing authorities to circumvent undue concentration.
The subject establishment must be a public convenience or a necessity to the surrounding
community. While there is no definitive or uniform guideline defining the application of PCN,
local authorities can utilize this outlet in order to interject formal say into the state liquor license
process. PCN for a type 41 license will be determined by ABC.
Comments and Recommendations
On February 4, 2016, 1 spoke to the applicant, Omar Belkiz via telephone regarding his
application for the W Cafe. The cafe is currently open for breakfast and lunch only. His intent is
to expand his business to serve dinner Thursday through Saturday to start, as well as a
champagne Sunday brunch. Mr. Belkiz intends to close the W cafe before 10:00 p.m. each day.
Mr. Belkiz is experienced as he has opened 4 restaurants total, but this will be the first alcohol
license in any of his establishments.
The Police Department has no objections to the proposed project, however we strongly
encourage the below conditions of approval be added to the minor use permit.
CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. The business shall comply with Title 20 (Zoning Code) and any other applicable
provisions of the Newport Beach Municipal Code.
2. There shall be no dancing allowed on the premises.
3. 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
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
certificate of occupancy. 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.
4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
5. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
2
30
W Cafe
UP2015-050
6. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. daily.
7. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
8. Food service from the regular menu must be made available to patrons during all open
hours.
9. 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.
10. 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.
11. Strict adherence to maximum occupancy limit is required.
12. 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.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
o ice Civilian Investigator, Special Investigations
W \
Brad Miller
Sergeant, Special Investigations
sl
L1 ai X065
ort
Lieutenant, Detective Division
3
31
NEWPORT BEACH POLICE DEPARTMENT "`W°a°T
CrZ+;,�AruaysLk UnX r
Chief lay R.Johnson 870 Santa Barbara Drive- Newport Beach -CA 92660-949.644.3791 + o.H"
2015 CRIME AND ALCOHOL-RELATED STATISTICS
Uls For Crimes Arrests Citations ABC Info
rvic
Public Alcohol Active License Per
ervice Part I Crimes Part 11 Crimes Crime Rate All Subject: DUI Liquor Law
Intoxication
1703WestcliffOr 0 0 not applicable 0 0 0 0 0 0 not applicable
Subject RD:
RD28 5,067 163 258 5,138.71 218 12 19 0 43 5 634
Adjacent RD: 97 146 3,453.19 127 27 19 2 10 36 78
RD25
Adjacent RD:
RD26 3,682 90 144 4,322.77 124 27 14 0 14 15 139
Adjacent RD: 72 74 1,638.23 49 7 3 0 14 0 0
RD29 ,
Newport Beach 102,056 2,339 3,841 2,739.65 3,523 449 666 28 1,185 432 197
California W
1,100,901 net available 2,955.13 1,217,089 155,285 89,901 15,673 not avallable 97,653 381
National not available 9,443,212 not avowable 3,052.79 11,205,833 1,117,852 414,854 321,125 not available not applicable notappbcab/e
Summary for W Cafe at 1703 Westcliff Dr (RD28)
In 2015,RD28 had a total of 421 reported crimes,compared to a city-wide reporting district average of 163 reported crimes.
This reporting district is 258 crimes,or 158%,OVER the city-wide average.
The number of active ABC licenses in this RD is 5,which equals a per capita ratio of one license for every 634 residents.
Orange County averages one license for every 473 residents and California averages one license for every 381 residents.
This location is within an RD that is UNDER the Orange County and UNDER the California per capita averages of ABC licenses.
Part/Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape,Robbery,Aggravated Assault, Burglary,Larceny-Theft Auto Theft,and Arson.
This report reflects City of Newport Beach row crime data for 2015,through December 31,before unfounded crimes are removed.
California and National crime figures are based on the 2014 Uniform Crime Report which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 0110712016.
All Population figures taken from the 2010 US Census. 1/27/2016
32
Additional Information
Calls for Service
at 1703 Westcliff Dr
Burg/Theft From Auto 0 0
0 0
0 0
0 0
Burg/Theft From Auto 0 0
0 0
Highest Volume Crime in 0 0
RD26 0 0
Burg/Theft From Auto 0 0
0 0
Highest Volume Crime in 0 0
R029 0 0
Burg/Theft From Auto 0 0
33
34
Attachment No. ZA 5
Resolution No. ZA2013-013 approving
U P2013-001
35
3o
RESOLUTION NO. ZA2013-013
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP 2013-001 FOR THE WESTCLIFF COURT TEA ROOM,
AN EATING AND DRINKING ESTABLISHMENT LOCATED AT
1703 WESTCLIFF DRIVE (PA2013-004)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Deborah Standley, with respect to property located at 1703
Westcliff Drive, and legally described as the Northwesterly 80 feet of Lot 7, Tract 4225
requesting approval of a minor use permit.
2. The applicant proposes a minor use permit to convert 1,000 square feet of an existing
1,300-square-foot commercial space to dining and kitchen facilities for the purpose of
establishing a tea room (Eating and Drinking Establishment) with accessory retail of tea
products. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this
application.
3. The subject property is located within the CG (Commercial General) Zoning District and
the General Plan Land Use Element category is CG (General Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 14, 2013 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to
improve an existing commercial space to an eating and drinking establishment with
accessory retail sales.
37
Zoning Administrator Resolution No. ZA2013-013
Page 2 of 9
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F 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 General Plan and any applicable specific plan.
Facts in Support of Finding
1. The proposed project is a food service, eating and drinking establishment to be
located within the Westcliff Court retail and business office center (between
Sherington Place and Westcliff Drive), which is designed and operated as a
commercial center.
2. The General Plan land use designation for the site is CG (General Commercial),
which is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs.
3. The proposed eating and drinking establishment is consistent with the General
Plan General Commercial (CG) land use designation, as it is intended to serve a
limited range of specialty food and beverage products to residents and visitors.
4. The subject property is not part of a specific plan area.
Finding
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding
1. The site is located within the Commercial General (CG) Zoning District of the
Newport Beach Zoning Code. The intent of this district is to provide for areas
appropriate for a wide variety of commercial activities oriented primarily to serve
Citywide or regional needs. The proposed eating and drinking establishment is
consistent with the land uses permitted within this zoning district.
2. Pursuant to Section 20.20.020 (Table 2-5 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit,
because it is located within 500 feet of the residential zoning districts located
north and south of the subject site.
02-13-2013
38
Zoning Administrator Resolution No. ZA2013-013
Page 3 of 9
3. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of
approval are included in this approval to maintain those requirements.
4. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes
criteria to determine the parking requirements for uses from one (1) parking
space for every 30-50 square feet of net public area. The proposed project has
a net public area of 810 square feet and has seating for a maximum of 18
customers. The establishment will be located within the Westcliff Court
commercial center. Staff believes one (1) space for every 50 square feet of net
public area is a reasonable number to require for the proposed use, given the
project characteristics, parking supply, and mix of existing tenants located within
the commercial center. Based on the net public area of the proposed
establishment, a total of 17 parking spaces will be required (810/50 = 16.2). The
Westcliff Court commercial center has surplus parking spaces available to
provide the parking spaces required to accommodate this parking rate and the
proposed use.
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 project involves interior alterations to an existing commercial
space within Westcliff Court to an eating and drinking establishment. The
commercial center will still provide a surplus of parking spaces.
2. The proposed use will provide tea products for sale and will offer food products
for on-site consumption with seating for a maximum of 18 customers. The
operational characteristics of the use are those of an eating and drinking
establishment, which is a typical use in these types of commercial centers.
3. The conditions of approval limit the hours of operation for the establishment
from 7:00 a.m. to 10:00 p.m., daily. These hours will be compatible with the
other uses in the shopping center and are not considered to be late by definition
of the Zoning Code.
4. The proposed establishment will be located within a commercial center in a
nonresidential zoning district. Although it is located less than 500 feet of a
residential district directly to the north and south (within approximately 100 feet),
the establishment is separated by a public right-of-way, landscaped area, and
parking lot. The separation provides a buffer from potential noise generated by
the establishment. The applicant is also required to control trash and litter around
the subject property.
02-13-2013
39
Zoning Administrator Resolution No. ZA2013-013
Page 4 of 9
5. The applicant is required to obtain Health Department approval prior to opening
for business, and to comply with the California Building Code to ensure the safety
and welfare of customers and employees within the establishment.
Finding
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding
1. The existing building and parking lot within Westcliff Court have functioned
satisfactorily with the current configuration. The proposed project, which
includes interior alterations to convert an existing commercial space to an
eating and drinking establishment will not negatively affect emergency access.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided within Westcliff Court and the surrounding area.
3. The tenant improvements to the project site will comply with all Building, Public
Works, and Fire Codes. All ordinances of the City and all conditions of approval
will be complied with.
Finding
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, a safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The project has been reviewed and this approval includes conditions to ensure
that potential conflicts with the surrounding land uses are minimized to the
greatest extent possible. The operator is required to take reasonable steps to
discourage and correct objectionable conditions that constitute a nuisance in
parking areas, sidewalks, and areas surrounding the subject property and
adjacent properties during business hours, if directly related to the patrons of the
establishment.
2 The restrictions on seating and net public area prevent adverse traffic impacts for
the surrounding residential and commercial uses.
3. The proposed food service, eating and drinking establishment will help revitalize
the project site and provide an economic opportunity for the property owner to
02-13-2013
40
Zoning Administrator Resolution No. ZA2013-013
Page 5 of 9
update the tenant space and provide additional services to the residents and
visitors alike.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013-001, 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 fourteen 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.
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF MARCH, 2013.
re d Wisneski, All P, Zoning Administrator
02-13-2013
41
Zoning Administrator Resolution No. ZA2013-013
Page 6 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division Conditions
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. Use Permit No. UP2013-001 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
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 be cause for revocation of this Use
Permit.
5. 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.
6. The hours of operation for the establishment shall be limited to 7:00 a.m. through
10:00 p.m., daily.
7. The interior net public area shall be limited to 810 square feet. (This sum includes the
210-square-foot retail sales area.)
8. A minimum of 17 parking spaces (1 parking space per 50 square feet of net public
area) shall be provided within the commercial center for the establishment.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment
to this 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. 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.
02-13-2013
42
Zoning Administrator Resolution No. ZA2013-013
Page 7 of 9
12. No outside paging system shall be utilized in conjunction with this establishment.
13. All trash shall be stored within the building or within the existing 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.
14. 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.
15. 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.
16. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
17. 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.
18. 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.
19. 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 Westcliff Court Tea Room MUP including, but not
limited to, the Minor Use Permit No. UP2013-001 (PA2013-004). 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.
02-13-2013
-4.3
Zoning Administrator Resolution No. ZA2013-013
Page 8 of 9
Public Works Conditions
20. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
21. Applicant shall reconstruct the existing and/or otherwise damaged concrete sidewalk
panels, curb and gutter along the Westcliff Drive and Sherington Place frontages.
22. The existing street tree(s) along Westcliff Drive and Sherington Place shall be
protected in place. Unauthorized tree removal(s) will trigger substantial penalties for all
of the parties involved.
23. All new and existing sewer laterals shall have a sewer cleanout installed per City
Standard STD-406-L with a traffic-grade box and cover. The new sewer cleanout shall
be located within the public right-of-way.
24. All new and existing water services (i.e., domestic, irrigation, and fire) shall be
protected by a City-approved backflow assembly per City Standards.
25. An encroachment permit is required for all work activities within the public right-of-way.
26. All improvements shall comply with the City's sight distance requirement pursuant to
City Standard STD-110-L.
27. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could
be required at the discretion of the Public Works Inspector.
28. All on-site drainage shall comply with the latest City Water Quality requirements.
29. Applicant is responsible for all upgrades to the City's utilities as required to fulfill the
project's demand, when necessary.
Fire Department Conditions
30. A 2A 10BC fire extinguisher shall be placed in a conspicuous location.
31. Commercial cooking equipment that produces grease laden vapors shall be provided
with a Type I Hood, and an automatic fire extinguishing system consisting of a wet
chemical extinguishing system complying with UL 300.
32. Sprinkler modifications may be required with any changes made to the interior of the
tenant space at the discretion of the Fire Department.
02-13-2013
44
Zoning Administrator Resolution No. ZA2013-013
Page 9 of 9
Building Division Conditions
33. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
02-13-2013
45
40
Attachment No. ZA 6
Project Plans
47
42
PA2015-218
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