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HomeMy WebLinkAbout06_Balboa Lily's Alcohol Service_PA2017-124COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 24, 2017 Agenda Item No. 6 SUBJECT: Balboa Lily's Alcohol Service (PA2017-124) SITE LOCATION: 711 East Balboa Boulevard • Minor Use Permit No. UP2017-016 APPLICANT: Balboa Lily's OWNER: Balboa111 Main, LLC PLANNER: Benjamin M. Zdeba, AICP, Associate Planner 949- 644-3253, bzdeba@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Coastal Land Use Category: Mixed Uses Vertical (MU -V) • Coastal Zoning District: Mixed -Use Vertical (MU -V) • General Plan: Mixed -Use Vertical (MU -V) • Zoning District: Mixed -Use Vertical (MU -V) PROJECT SUMMARY A request to allow the sale and service of beer and wine in conjunction with an existing restaurant. The applicant requests a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license. There are no other proposed changes to the restaurant. The allowed hours of operation of the restaurant are proposed to remain from 7 a.m. to 10 p.m., daily. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2017-016 (Attachment No. ZA 1). 1 Balboa Lily's Alcohol Service Zoning Administrator, August 24, 2017 Page 2 DISCUSSION • The site is located in the MU -V Zoning District, which is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. Eating and drinking establishments are permitted uses subject to the approval of a use permit. • The restaurant operates pursuant to Variance No. 993, approved by the Planning Commission on November 9, 1970, which allowed the food service, eating and drinking establishment within an existing mixed-use building. Staff Approval No. SA2006-006 (PA2006-105) was subsequently approved to allow a renovation that created an outdoor dining area. The existing establishment includes 20 seats within an approximate 290 -square foot interior dining area and 38 seats within an approximate 686 -square foot outdoor dining area. The existing entitlement does not permit alcohol sales; therefore, a minor use permit is required to add the Type 41 ABC license. The use will remain a food service, eating and drinking establishment and the change to add the ABC license will not alter or intensify the existing use. The hours of operation will remain the same with a closing hour of 10 p.m., daily. • The floor plan of Balboa Lily's includes a dining room with tables and chairs with no separate bar area or counter. There will be no change to the floor plan including the existing interior and exterior net public area or the seating. • 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 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 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. • 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. • As the proposed project is the addition of alcohol sales and service at an existing restaurant. There is no intensification of use or change to the parking requirement; therefore, a Coastal Development Permit is not required. TmpIC 01/17/17 Balboa Lily's Alcohol Service Zoning Administrator, August 24, 2017 Page 3 • If approved, this Minor Use Permit will supersede Staff Approval No. SA2006-006 (PA2006-105) and Variance No. 993. ENVIRONMENTAL REVIEW The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 under Class 1 (Existing Facilities) of the Guidelines of the California Environmental Quality Act. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves the addition of the Type 41 ABC License to the existing eating and drinking establishment with no other alterations or changes. 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: JWC/bmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description and Justification ZA 4 Police Department Memorandum ZA 5 Existing Plans (June 12, 2009) Tmp1t: 01/17/17 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2017-016 ADDING ALCOHOL SALES AND SERVICE WITH A TYPE 41 LICENSE TO AN EXISTING RESTAURANT WITH NO LATE HOURS LOCATED AT 711 EAST BALBOA BOULEVARD (PA2017-124) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Balboa Lily's, with respect to property located at 711 East Balboa Boulevard, and legally described as Lots 6, 7 and 8 in Block 10 of the Balboa Tract in the City of Newport Beach, County of Orange, State of California, requesting approval of a minor use permit. 2. The applicant proposes the sale and service of beer and wine in conjunction with an existing restaurant classified as a food service, eating and drinking establishment. The applicant is pursuing a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license. There are no other proposed changes to the restaurant. The allowed hours of operation will remain from 7 a.m. to 10 p.m., daily. 3. The subject property is designated Mixed Use Vertical (MU -V) by the General Plan Land Use Element and is located within the Mixed -Use Vertical (MU -V) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Uses Vertical (MU -V) and it is located within the Mixed -Use Vertical (MU - V) Coastal Zone District. 5. A public hearing was held on August 24, 2017, 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 hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves the addition of the Type 5 Zoning Administrator Resolution No. ZA2017-### Paqe 2 of 10 41 ABC License to the existing eating and drinking establishment with no other alterations or changes. 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, 0.48.030 of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting tricts as compared to other areas in the City. 1. The subject property is located in Reporting District 12 (RD 12). 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 12 is comparable to adjacent RD 11 and RD 13, which are predominantly residential, and lower than the Citywide average. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the addition of the alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan with no separate bar counter or area and a closing hour of 10 p.m. 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 12 is higher than RD 11, but lower than adjacent RDs 13 and 15. RD 11 is comprised of residential properties, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposal and has no objection. 2. Year to date, one call for service representing less than one percent of all calls for service in the RD has been reported at the subject property. The call for service was not specifically related to the existing restaurant. 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. 07-11-17 Zoning Administrator Resolution No. ZA2017-### Paqe 3 of 10 1. The eating and drinking establishment is located within a multi -tenant building fronting East Balboa Boulevard and Main Street. There are six residential units above on the second floor. The mixed-use development is consistent with the MU -V General Plan designation. The property is not located within close proximity to any day care centers, hospitals, places of worship, schools, or similar uses that typically attract minors. The closest park is Peninsula Park, which is approximately 200 feet southeast of the property. 2. The nature of Balboa Village is to provide goods, services, and entertainment, including eating and drinking establishments, designed to foster visitor and resident activity from travelers down the Peninsula and residents nearby. The nearest residential uses are located on the second floor above the subject establishment. 3. Eating and drinking establishments with incidental alcohol service are common in Balboa Village and the proposed ABC license in conjunction with an early closing hour 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. The closest establishments are Cruisers Pizza immediately east and BTs Pizza immediately south and Cabo Cantina located approximately 175 feet south on Main Street, which are full service restaurants. Other establishments selling alcoholic beverages operate within Balboa Village, near the subject restaurant. There is no evidence suggesting a full-service restaurant use has been or will be 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 has operated at the subject property since the 1960s with no operating issues or complaints. No objectionable conditions are presently occurring at the site and this minor use permit as conditioned is intended to avoid future objectionable conditions. 2. The project has been reviewed and conditioned to help 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 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 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 07-11-17 Zoning Administrator Resolution No. ZA2017-### Paqe 4 of 10 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 site is designated MU -V by the General Plan Land Use Element, which is intended to provide for the development of properties for mixed-use structures that vertically integrate housing with commercial uses, including retail, office, restaurant, and similar nonresidential uses. 2. The existing eating and drinking establishment is located within Balboa Village along East Balboa Boulevard in a mixed-use development with residential units above the ground floor. The sale and service of alcohol will provide a convenience for patrons and will help to maintain a vibrant commercial use on the ground level, consistent with the MU -V land use designation. The earlier closing hour of 10 p.m. will help to ensure the use remains compatible. 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 within the MU -V Zoning District consistent with the General Plan Land Use Element. See Fact in Support of Finding B1. 2. The existing eating and drinking establishment operates pursuant to Variance No. 993 and Staff Approval No. SA2006-006. Minimal conditions of approval were placed on the operation. 3. The use will remain a food service, eating and drinking establishment and the addition of the Alcoholic Beverage Control License will not alter or intensify the existing use. Further, there will be no change to the floor area including the existing net public area and seats or the hours of operation. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity, 07-11-17 g Zoning Administrator Resolution No. ZA2017-### Page 5 of 10 Facts in Support of Finding: 1. The addition of the alcohol license does not change the operating characteristics of the existing eating and drinking establishment. 2. The eating and drinking establishment will remain complementary to the other uses in Balboa Village, which includes retail stores, restaurants, services, and other commercial uses. Success of the subject establishment should help to reenergize the area with its prominent corner location at East Balboa Boulevard and Main Street, making it a viable commercial node for the neighborhood and visitors. 3. The eating and drinking establishment will continue to provide a convenience for residents of the neighborhood and visitors to the area. 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 eating and drinking establishment within has proven to be physically suitable in terms of design, location, shape, and size to support the use. The physical characteristics of the site are not changing with the addition of the alcohol license. 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 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 the neighborhood by providing dining services as a public convenience to the surrounding residential 07-11-17 9 Zoning Administrator Resolution No. ZA2017-### Page 6 of 10 neighborhood as well as visitors. The service of alcohol will continue to complement the principal use of the facility and provide an economic opportunity for the property owner to maintain a successful business in a way that 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: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-016, 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 Staff Approval No. SA2006-006 (PA2006-105) and Variance No. 0993, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF AUGUST, 2017. Patrick J. Alford, Zoning Administrator 07-11-17 10 Zoning Administrator Resolution No. ZA2017-### Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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. 111111111!k\ 111111111L 5. The allowed hours of operation shall be between 7 a.m. and 10 p.m., daily 6. All net public areas shall remain as designated on the project plans provided for reference and dated June 12, 2009. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require a separate review and may necessitate an amendment to this Minor Use Permit or the processing of a new Use Permit. 8. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 9. 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 07-11-17 11 Between the hours of 7 a.m. and 10 P.M. Between the hours of 10p.m. and 7 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 9. 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 07-11-17 11 Zoning Administrator Resolution No. ZA2017-### Paqe 8 of 10 current business owner, property owner or the leasing agent. 10. No outside paging system shall be utilized in conjunction with this establishment. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 12. 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. 13. 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. 14. 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). 15. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 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, 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. 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 07-11-17 12 Zoning Administrator Resolution No. ZA2017-### Page 9 of 10 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 Balboa Lily's Alcohol Service including, but not limited to, Minor Use Permit No. UP2017-016 (PA2017-124). 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/orthe 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. Police Department 18. All customers must vacate the establishment 30 minutes after closing. 19. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 20. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 (On -Sale Beer and Wine — Eating Place) license in conjunction with the restaurant as the principal use of the facility. 21. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 22. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 23. There shall be no live entertainment or dancing allowed on the premises. 24. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 25. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 26. No off -sale of alcohol shall be permitted. 27. Food service from the regular menu shall be made available to patrons until closing. 28. 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. 07-11-17 i3 Zoning Administrator Resolution No. ZA2017-### Paqe 10 of 10 29. 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. 30. 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. 31. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 32. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 33. 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. 34. Strict adherence to maximum occupancy limits is required. 35. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 07-11-17 Attachment No. ZA 2 Vicinity Map 15 10 Newport Beach GIS ,r p�'rogr Feet ° m 0 100 200 G �" C�<IFOP��' Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Imagery: 2009-2013 photos provided by Eagle Imaging www.eagieaerial.com 10 Attachment No. ZA 3 Applicant's Project Description and Justification 17 PAM 7-124 APPLICANT: Eunjoo Pluenneke dba "Balboa. Lily's" REQUEST: Approval of Minor Use Permit (MUP) Permitting a Type 41 On -Sale Beer & Wine Alcoholic Beverage License in Conjunction With The Operation of the Existing Restaurant PROPOSED USE: Restaurant With On -Sale Service of Beer & Wine ADDRESS: 711 E. Balboa Blvd., Newport Beach, CA 92661 USE PERMIT APPLICATION JUSTIFICATION The proposed project is for the approval of a Type 41 On -Sale Beer & Wine license for an existing restaurant located in the airport area at 711 E. Balboa Blvd., Newport Beach. The existing restaurant is "Balboa Lily's" and is owned and operated by Eunjoo Pluenneke. Balboa Lily's is a full service casual dining restaurant. The applicant proposes obtaining approval from the California Department of Alcoholic Beverage Control for the Type 41 On -Sale Beer & Wine Eating Place alcoholic beverage license. The proposed 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 and wine 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 and wine is permitted in the zoning district and is subject to the all the regulations, conditions, policies or other requirements of the Municipal Code. This is an existing restaurant requesting a Type 41 On -Sale Beer & Wine license. 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 area and is not located near any residences, except those 6 units directly above the existing restaurant. 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. 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; and Response: The proposed site, an existing shopping center, is not inconsistent with the adjacent uses and will not materially affect the surrounding conununity or. 12 PA2017-124 environment. The proposed site is ideally suited for the Balboa Village area. 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. 19 BALBOA I&J PA2017-124 BREAKFAST va BREAKFAST ENTREES MAKE YOUR OWN BOWL (choose 3) 12.50 gf (Served with Toast - choice of White, Multigrain, Rye, Sourdough) 2 Fresh Eggs Your Way Country Potatoes with Roasted Peppers & Onions Sauteed Tuscan Kale & Spinach Spanish Chorizo, Pulled Pork, Bacon, Ham, Chicken Breast or House Made Sausage Seasonal Fresh Fruit SANDWICHES & BURRITOS (Served with Choice of Country Potatoes or Sauteed Kale & Spinach or Fresh Fruit) NICK'S HOUSE SANDWICH 12 House Specialty: Slow Roasted Pulled Pork, Avocado Crema with Roasted Peppers, Topped with Fried Egg on Toasted Rye MEATLESS BREAKFAST SANDWICH 10 Mashed Black Bean Spread, Goat Cheese, Crispy Potato Patty, Fried Egg, Roasted Garlic, Fresh Onion, Smoky Chipotle Sour Cream on Toasted Brioche MAKE YOUR OWN OMELETTE 12.50 gf BREAKFAST BURRITO 12 (Served with choice of Country Potatoes or Sauteed Kale & Spinach or Flour tortilla, Scrambled Eggs, Spanish Chorizo, Roasted Red and Yellow Fresh Fruit, & Choice of Toast - White, Multigrain, Rye, Sourdough) Peppers & Caramelized Onions, Shredded Cheese, and Smoky Chipotle Sour Cream (vegetarian burrito available on request) Meats: Spanish Chorizo, Pulled Pork, Bacon, Ham, Chicken Breast or House Made Sausage CLASSIC EGG SANDWICH 8 Veggies: Caramelized Onions, Roasted Red & Yellow Peppers, Roma Scrambled Eggs and Cheddar on Toasted Brioche Bun Tomatoes, Tuscan Kale & Spinach Add Ham, Bacon, or Sausage $3 (Omelets are topped with shredded Cheddar & Jack cheese) Let us know if you want to go PALED! HOUSE -MADE WAFFLES 9 Giant Belgium -Style Waffle, Topped with Farm Fresh Fruit, House Made Whip Cream & Butterscotch Sauce SIDES / EXTRAS Add Avocado or Tomato Slices $1.50 Side of Bacon, Ham, or Sausage $3 Side of Seasonal Fresh Fruit $4 YOGURT PARFAIT 5.50 Creamy Plain Yogurt, House Made Granola, Fresh Fruit, Agave Drizzle STEEL -CUT OATMEAL 6.50 Steel -Cut Oatmeal, Served with Brown Sugar, Raisins and House Made Granola. Add Seasonal Berries $1 Bagel with Cream Cheese $2.75 Selection of Pastries (ask for daily selection) gf — glue` free option We care about your health. Consuming raw or undercooked meat, poultry, seafood, shellfish, or eggs may increase risk of foodborne illness. Please notify us of any food allergies BALBOAL I&24 SMALL PLATES AVOCADO TOAST Toasted Baguette, Fresh Avocado, Garlic Oil and Balsamic Drizzle 8 GARLIC FRIES gf Hand Cut Fries & House Made Seasoning Served with A Smoky Chipotle Aioli 7 PULLED PORK TACOS Corn Tortillas Filled with Pulled Pork, Shredded Cabbage, Cilantro, Cheese, and Chipotle Sour Cream 9 ROASTED VEGGIES gf Seasonal Veggies Roasted with Housemade Seasoning 7 CRISPY BROCCOLI gf Flash -Fried Broccoli Florets with Spicy Sesame Soy Drizzle 6 DESSERTS House Made Bread Pudding with Butterscotch Sauce 6 House Made Cheesecake 6 Assorted Tarts and Cakes 6 ILI1ki141:E:117101►14 A SANDWICHES (Served with Choice of Side: Fries, Roasted Veggies, Sauteed Kale & Spinach, Side House Salad, Fresh Fruit) NICK'S HOUSE SANDWICH House Specialty: Slow Roasted Pulled Pork, Avocado Crema with Roasted Peppers, Topped with Fried Egg on Toasted Rye Bread 12 CHICKEN BLT Seasoned Chicken Breast, Bacon, Lettuce, Tomato, Pickle, House Made Mayo on Toasted White Bread 12 • CHEESEBURGER 6 oz. Ground Beef, Cheddar Cheese, Lettuce, • Tomato, Onion, Pickle on Toasted Brioche 12 CHIPOTLE CHICKEN Seasoned Chicken Breast, Cheddar Cheese, Bacon, Caramelized Onions, Chipotle Sauce on Toasted Ciabatta 13 VEGGIE Roasted Red and Yellow Peppers, Cucumber, • Tomatoes, Beets, Apple, Alfalfa Sprouts, House Mayo and Vinaigrette on Toasted Rye Bread 11 GRILLED CHEESE Grilled White or Multi -Grain Bread with Melted Cheddar & Tomato 9 Add Pulled Pork $3 SALADS & ENTREES HOUSE SALAD gf • Fresh Romaine Lettuce, Cucumber, Cherry Tomatoes, Red Onion, Shaved Parmesan, • Red Wine Vinaigrette 8.50 Add Chicken $4 SPICY THAI CHICKEN SALAD Shaved Green Cabbage, Seasoned Chicken Breast, Carrots, Green Papaya, Cilantro, Scallions, Peanuts, Spicy Lime & Peanut Dressing 12.50 TUSCAN KALE & SPINACH SALAD gf Tuscan Kale, Spinach, Sliced Fennel, Toasted Cashews, Creamy Goat Cheese, Seasonal Farm Fresh Fruit, White Balsamic Dressing 10 Add Chicken $4 LILY'S BOWL Choice of Roasted Pork or Chopped Chicken Breast, Sauteed Veggies with Ginger, Fresh Cucumber Slices, Cherry Tomato, Spicy Soy Dressing on Quinoa 12 FISH & CHIPS gf Gluten-free Beer Battered Cod, Hand Cut Fries, Coleslaw and Tartar Sauce 18 gf — gluten free option We care about your health. Consuming raw or undercooked meat, poultry, seafood, shellfish, or eggs may increase risk of foodborne illness. Please notify us of any food allergies PA2017-124 BALBOA BEVERAGES • 10 Featuring locally roasted ARTISAN ROASTERS SIGNATURE COFFEE DRINKS HONEY LAVENDER LATTE Honey, Lavender Syrup, Espresso, Steamed Milk r � GARDEN ON THE ROCKS LATTE 20 oz Lavender and Rose Syrup, White Chocolate, Espresso, Steamed Milk, Lavender Tea Leaves GREEN TEA MATCHA LATTE EXTRAS � Soy or Almond Milk $1 Matcha Green Tea, Steamed Milk F.xtra Shot Espresso .80 Monin Natural Syrup — Vanilla, Hazelnut, Caramel .50 (ask your Batista for other flavors) CARDAMOM SPICE LATTE Cardamom, Espresso, Steamed Milk, Pinch of HOT TEAS Organic, Natural, Loose Leaf Tea Cinnamon and Fresh Ground Peppercorn BLACK TEAS 3 HERBAL TEAS 3 ROSE ORANGE LATTE English Breakfast Passion Fruit Earl Grey Lemon Chamomile Rose Syrup, Espresso, Steamed Milk, Fresh Orange mine Moroccan Mint Zest, Edible Flower (when available) Jasmine Spice Lavender WHITE CHOCOLATE PRALINE LATTE GREEN TEA 3 White Chocolate, Praline Syrup, Espresso, Steamed ICED BEVERAGES Milk ICED TEA 3 CREAM SODA 3 PRO CHOCOLATE GANACHE MOCHA RASPBERRY ICED TEA 3 ARNOLD PALMER 3 Housemade Chocolate Ganache, Espresso, ORr1NGE JUICE 3 FOUNTAIN DRINKS 3 LEMONADE 3 Dr. Pepper, Coke, Diet Coke, Steamed Milk epp oh PELLEGRINO 3.50 Sprite, Root Beer, Fanta22 BOTTLED WATER $2 12 oz 20 oz HOUSE BREW COFFEE 2.50 3 Balboa Lily's Custom Blend: Fair Trade, Organic from SIGNATURE COFFEE DRINKS 4.50 5 ESPRESSO (single/double) 2.50 3 AMERICANO 2.50 3 CAFFE MACCHIATO (6 oz) 3 CAPPUCCINO 3.50 4.00 LATTE (hot or iced) 4 4.50 CHAI LATTE 4 4.50 MOCHA 4.50 5 CORTADO 3 HOT COCOA 3 3.50 COLD BREW ICED COFFEE 3.50 4.50 GREEN TEA MATCHA LATTE EXTRAS � Soy or Almond Milk $1 Matcha Green Tea, Steamed Milk F.xtra Shot Espresso .80 Monin Natural Syrup — Vanilla, Hazelnut, Caramel .50 (ask your Batista for other flavors) CARDAMOM SPICE LATTE Cardamom, Espresso, Steamed Milk, Pinch of HOT TEAS Organic, Natural, Loose Leaf Tea Cinnamon and Fresh Ground Peppercorn BLACK TEAS 3 HERBAL TEAS 3 ROSE ORANGE LATTE English Breakfast Passion Fruit Earl Grey Lemon Chamomile Rose Syrup, Espresso, Steamed Milk, Fresh Orange mine Moroccan Mint Zest, Edible Flower (when available) Jasmine Spice Lavender WHITE CHOCOLATE PRALINE LATTE GREEN TEA 3 White Chocolate, Praline Syrup, Espresso, Steamed ICED BEVERAGES Milk ICED TEA 3 CREAM SODA 3 PRO CHOCOLATE GANACHE MOCHA RASPBERRY ICED TEA 3 ARNOLD PALMER 3 Housemade Chocolate Ganache, Espresso, ORr1NGE JUICE 3 FOUNTAIN DRINKS 3 LEMONADE 3 Dr. Pepper, Coke, Diet Coke, Steamed Milk epp oh PELLEGRINO 3.50 Sprite, Root Beer, Fanta22 BOTTLED WATER $2 Attachment No. ZA 4 Police Department Memorandum 23 r NEWPORT BEACH POLICE DEPARTMENT 1,14, BIBEACHPOF� DETECTIVE DIVISION 43 MEMORANDUM TO: Benjamin Zdeba, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: August 10, 2017 SUBJECT: Balboa Lily's 711 East Balboa Blvd. Use Permit No. 2017-016 (PA2017-124) At your request, the Police Department has reviewed the project application for an existing business, Balboa Lily's located at 711 East Balboa Blvd., Newport Beach. Per the project description, the applicant is seeking a Conditional Use Permit to allow a food service restaurant with late hours, a Type 41 (on -sale beer and wine) Alcoholic Beverage Control License. No other changes are requested. An Operator License will not be required for this establishment. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 41 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's current place of business at 711 East Balboa Blvd. Crime Statistics 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) 12 which stretches from 9th Street to F Street. RD 12 is a low crime area, with 7% fewer crimes than the average of all reporting districts within the City. This location does not meet the legal criteria for undue concentration (B&P §23958.4). 24 Balboa Lily's UP2017-016 Alcohol License Statistics The applicant premise is located within census tract 0628. This census tract has an approximate population of 4,220 residents with 32 licensed establishments and 36 active licenses. That is a per capita ratio of 1 license for every 117 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 477 residents. This location meets the legal criteria for undue concentration (B&P §23958.4). Discussion and Recommendations The above statistical information is provided for educational reference and perspective. The Police Department has no objections to the application as proposed due to this establishment having no late hours. RECOMMENDED CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. All customers must vacate the establishment 30 minutes after closing. 2. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 3. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 (On -Sale Beer and Wine — Eating Place) license in conjunction with the restaurant as the principal use of the facility. 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. 6. There shall be no live entertainment or dancing allowed on the premises. 7. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. There shall be no reduced price alcoholic beverage promotions after 9pm. 9. No off -sales of alcohol shall be permitted. 10. Food service from the regular menu shall be made available to patrons until closing. 11. 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 2 Balboa Lily's UP2017-016 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. 12. 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. 13. 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. 14. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 15. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 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. 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. 18. Strict adherence to maximum occupancy limits is required. 19. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 20. 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. 3 20 Balboa Lily's UP2017-016 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 Police Civilian Investigator, Special Investigations Unit Jeff Brouwer Deputy Chief 27 NEWPORT BEACH POLICE DEPARTMENT 2016 CRIME AND ALCOHOL-RELATED STATISTICS CHIEF JON T. LEWIS war SUMMARY FOR BALBOA LILYS AT 711 E BALBOA BLVD. (RD12) Subject: 711 E Balboa Blvd Subject RD: RD12 Adjacent RD: RD11 Adjacent RD: RD13 Adjacent RD: RD15 Newport Beach Subject 1 0 not applicable notopp/koble rrot applicable not applicable 2,836 78 84 -6 -7% Burg/Theft From Auto 1,515 44 84 -40 -48% Burg/Theft From Auto 3,829 93 84 +9 +11% Vandalism 8,668 288 84 +204 +243% Simple Assault 93,685 3,177 not applicable not applicable not applicable Burg/Theft From Auto 'PortI Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report- Homicide, Rope, Robbery, Aggravated Assault, Burglary, Larceny -Theft, Auto Theft, and Arson. This report reflects GN of Newport Beach Port I crime data for 2016, as well as Simple Assault and Vandalism. 711 E Balboa Blvd. not applicable 0 notapplicable 0 Subject Census 0 Tract: 628 4,220 36 117 32 Adjacent Census 7 19 0 1,365 7 195 6 Tract: 630.05 "Iwfine!Jal Public Adjacent Census Intoxication Tract: 630.06 2,756 12 230 11 Adjacent Census Intoxication Tract: 63$, 5,726 83 69 73 Newport Beach 85,186 439 194 389 0 0 Public 74 7 19 0 Intoxication 49 "Iwfine!Jal Public Intoxication 178 14 43 2 Public Intoxication 41 259 7 Public Intoxication IR& 3,457 351 663 18 Drug -Related Legend ABC Licenses Count • 1 • 2 3-4 . 5-7 • 8-11 3,010,232 6,314 477 5,561 { Number of Active ABC Licenses is the total of oll types of retail licenses known to the NBPD as of 02/16/2017. All Population figures token from the 2010 US Census. a 0 r w f� ,&= Subject Location s 0 48 25 142 338 1,068 S • 7/20/2017 @a Attachment No. ZA 5 Existing Plans (June 12, 2009) 29 PA2017-124 SHEET INDEX INTERIOR DRAWINGS 10-0 PROJECT INFORMATION 10-0.1 6ENERAL AND ACCESSIBILITY NOTES ID -0.2 ACCESSIBILITY MTAIL5 10-1 FLOOR PLANS ID -2 REFLECTED CEILING PLAN / PARTIAL ROOF PLAN ID -3 ELEVATIONS AND FINISH SCHEDULE ID -4 DETAILS FOOD SERVICE K -I FOOD SERVICE EQUIPMENT FLOOR PLAN K-2. FOOD SERVICE EQUIPMENT SCHEDULE K-3 FOOD SERVICE PLUMBING AND ELECTRICAL PLANS __. . _-..__.. _. __.___. _.._.. .. _....._ _- - --_ _-_-- -.-__ _- _ K-4 EXHAUST HOOD PLAN MECHANICAL AC -I SCHEDULE $ NOTES AG 2 MECHANICAL DEMO PLAN AC -3 MECHANICAL CONSTRUCTION PLAN FAL MBLN— P-1 PLUMBING SCHEDULES, NOTES, $LISTS Pa2 WASTE $ VENT DEMO PLAN ® P-3 WATER $ SAS DEMO PLAN P-4 WASTE $VENT PIPING PLAN P-5 WATER $ 6A5 PIPING PLAN CA 92661 P -b PLUMBING ROOF PLAN BEACH, P-1 PLUMBIN6 DETAILS ELECTRICAL E -I SYMBOLS, ABBREVIATIONS $ 6ENERAL NOTES E-2 DEMOLITION PLAN E-3 POWER PLAN E-4 LI6HTIN6 PLAN E-5 TITLE 24 FORMS E-6 51N6LE LINE 4 PANEL SCHEDULES E-1 SPECIFICATIONS SHEET 1 0 N S AGENtY I-NFORMATION CONSTRUCTION TYPE: TYPE V - NON RATED, NON- 5PRINKLERED A0. ACOUSTIC 6A. 6AU6E M. PAINTEG x D EXI5TINTRASH---$1 ZONING: 5P -q ADD. ADDENDUM 6.1. 6ALVANIZED IRON P6. PA6E PUMF5TER5 ASSESSORS PARCEL NUMBER:— 04813501 ADD N. ADDlrlox 6L. GLASS PR PAIR SCOPE OF WORK: KITCHEN REMODEL AGG A66. BASE OOLR'SE 6D. GRADE PNL. PANEL AREA OF IDEM®� �. 324 5Q. FT. A66, A66RE&ATE 6. GRAM M. PARTITION A/C AIR CONDITIONING SRL. 6RILLE cl PENNY AL. ALUMINUM GRD. GRID PL PLATE EX1571NG ALT, ALTERNATE GYP. 6YPSUM PLB6. PLUMBIN6 PARKING OCCUPANT LOAD: GROUP B PER 2001 C AOMD AIR QUALITY MANA6E- GYP. BD. 6YPSUM BOARD PLY'WD. PLYWOOD s z a a s s r � a ' OCCUPANCY BY AREA: MENT DISTRICT 6.5.N, NERAL 5TRUGT- PT. POINT �) � �� � A.S. ANCHOR BOLT URAL NOTES KITCHEN - 555 S.F. 200 ----. 2 6.G. GENERAL GONTR P.O.G. POINT OF CONNECTION 11 {f i I it i� I ' DINING AREA - 210 S.F. =15 = 20 ARCH. ARCHITECT ! I� �! I (! PATIO DINING AREA - 686 S.F=15 = 46 ASP. ASPHALT P.TD.F. PRESSURE TREATED {, li j i I it 5TORA6E AREA - 161 5.F. s 300 = 1 AT H.R. HAND RAIL DOU6LAS FIR ® 1 #DNR. HARDENER P.S.I. POUNDS PER 5Q. IN. GI I $ AND HOW. HARDWARE P.S.F. POUNDS PER SO. FT.���! OCCUPANT LOAD 61 BM. BEAM HDWD. HARDWOOD P.C. PLUM5IN6 CONTRACTOR / NUMBER OF EMPLOYEE5 4 B.M. BENCHMARK HTR. HEATER P.L. PROPERTY LINENa.c. BLK6. BLOCKING #T. HEIGHT N.I.C. NLG N.I.C. EXITS SHAWN: 3 BD. BOARD H.P. HIGH POINT R.A. RETURN AIR CODE INFORMATION- BOTC. BOTTOM H.M. HOLLOW METAL RAD. RADIUS BLD6. BUILDING HORIZ. HORIZONTAL RE6. RESISTER BOLDING 2001 GBG G.I.P. CAST IN PLACE HB, HOSE SIBS REOV. REQUIRED N.I.L. PLUMBING 2001 GPC HA. HOT WATER REV. REVISION N•La MECHANICAL 2001 GN1G G.B. CATCH BASIN R.D. ROOF DRAIN ELECTRICAL 2001 GEG 61-6. CEILING IN, INCH RFS. ROOFING t BUILDING / PLANNING / FIRE / POLIO DEPARTMENT INFORMATION GEM. GEMENT I.D. INSIDE DIAMETER RM. ROOM GM. CENTIMETER INSUL. INSULATION RND. ROUND 1 CITY OF NEWPORT BEACH GL. GEN LINE SA. SUPPLY AIR 3300 NEWPORT BLVD, BLDG. C 2ND FLOOR INT. INTERIOR G.T. CERAMIC TILE INV. INVERT `'GR. SCREW — — (E) EXIT NEWPORT BEACH, GA. 12663 CHAN, CHANNEL SECT. SECTION AREA OF (141) 644-3215 GLA. CLEAR JAN. JANITOR 5HT. SHEET ( noRK HEALTH DEPARTMENT INFORMATION G.O. GLEAN OUT JT. JOINT 51M. SIMILAR CLOS. CLOSET J5T. JOIST SM. SMOOTH I COUNTY 0E ORANGE DEPARTMENT OF. ENVIRONMENTAL #FACT# SPEC. SPECIFICATION till 11241 E. DYER ROAD, SUITE i20 COL. COLUMNSANTA ANA, CALIFORNIA 12.105 GONG. CONCRETE KEC KITCHEN OST`•!'L. SPLASH � I N•La. (114) 435-6000 CONTRACGOND. CONDITION K.P. KICK PLATE `'Q `QUARE CONN. CONNECTION STD. STANDARD AREA OF 5T 57L. STAINLESS STEEL — — — — — — WORK STRUCTURE CONST, CONSTRUCTION LAM. LAMINATED ( C.J. CONTROL JOINT LDS. LANDINS STRUG. SUSPENDED1 f I Y CONSTRUCTION JOINT LTH, LATH CONT. CONTINUOUS LAV. LAVATORY a SWBD. SWITG#BOARD i) fi e °i , e A Riy,,, wex x e c� �p,+r�a f. s CONTR. CONTRACTOR. L6. LENGTH ii 1 T GOR'6. CORRUSATED LT. L16HT TBS TOP B BOTTOM N$gp3iN 4 1 5 144 (Y " X SET GW TR. COUNTER L .G. L.W. CONCRETE TELCO TELEPHONE COMPANY EXIT GTSK. COUNTERSUNK L\/R. LOUVER T.G. TEMPERED SLABS 1 n Iz3llp �k C.M.U. CONG.MASONRY UNIT ® T.G. TOP OF CURB iE) EMT a Ni M.B. MACHINE BOLT T.O. TOP OF 1— , ` Yf3 t. a .fit I D.P. DAMP PROOFING M.G. MECHANICAL CON- T.O.P. TOP OF PARAPET M. DECIBEL TRACTOR' iYP. TYPICAL 4 � "�� ` x; ' L� � • `� � D.F. VOLOLA5 FIR a # E M.C.D. . UKO. UNLESS NOTED OTHERWISE DIA6. DiASONAL M.O. MASONRY OPENING DIA. DIAMETER UTR UP T#ROUF# ROOF IN mAT'Ll.. MATERIAL DIM. DIMENSION MFR. MANUFACTURER V. VENT ,a ` DISK - D15PENSER MAX. MAXIMUM VERT. VERTICAL m z r h � 3S k E v f d { $ Y wr}Y i S J F H y # W CE a N t 4 4 i •. e S 4 du DWL. DOWEL MEGH, MECHANICAL V.6. VERTICAL. GRAIN � ___ , ..-_.. ..._. . ..... ._ .. _._._-_......... . ............... . ... _..... DN. DOWN MTC, METAL VEST. VESTIBULE `t ` D.S. DOWNSPOUT Ml. METAL LATH V.G.T. VINYL COMPOSITION TILE DWG. DRAWING METER VGP VITREOUS CLAY PIPE M" ' w a EA. EACH MIN, MINIMUM V.T.R. VENT THROUGH ROOF E.G. ELECTRIC CONTRACTOR MLDG. MOLDIN6 W.W.M. WELDED WIRE MESH MULLION MULL. W.G. WATER CLOSET ELEC. ELECTRIC BALBOA BLVD. z as < ELEV. ELEVATIONN/A NO7 APPLICABLE W.H. WATER HEATER E.N. EDSE NAILINGW.F. WIDE `rLAN6E 1 N.S, NATURAL GRADE EO. EQUAL NOM. NOMINAL W/ WITH EQUIP. EQUIPMENT N.I.C. NOT iN CONTRACT HIC) WITHOUT EXH. EXHAUSTN.S. NOTNO. WOOD ! - T. EXPAN. EXPAN. NO. NUMBER SCALE WOW. WINDOW R W.R. WATER RESISTANT _ ........ ....... ___. _. _.. ... E.J. EXPANSION JOINT - EXIST. EXI5TIN6 OBS. EXT. EXTERIOR O.C. ON CENTER OPNG. OPENiN6 F.G.O. FLOOR GLEAN OUT O.A. OVERALL TENANT CONSTRUCTION DOCUMENTS/ Fr. FEET O.FS. ovERFLOWSGUPPER BALBOA LILY°S FOOD SERVICE PLANS FIN. FINISH O.F.D. OVERFLOW DRAIN F.N. " FACE NAL(NS' ®,F,C,I, OWNER FURNISHED, C/O EUNJOO PLUENNEKE .,LAY ENTERPRISES 711 E. BALBOA BLVD. ALBERT YANEZ FIXT. FIXTURE 6ENEPAL INS��TRAGT U NEWPORT BEACH, CA 92661 5100 AIRWAY AVENUE, SUITE 101 FLT. FLOOR F.D. FLOOR DRAIN COSTA MESA, CALIFORNIA 12626 FLUOR. FLUORESCENT (9491420-7787 PH (114) 42q-ggl4 LANDLORD FTS. FOOTING BALBOAI IIMAIN, LLC PLUMBING FO. FOUNDATION C/O MARK REED C0 ENGINEERING GROUP, INC. FR. FRAME 2218 ROSEMONT LANE, 18652 FLORIDA STREET; SUITE 100 F.H.G. FIRE HOSE CABINET z F.S.E.G. FOOD SERVICE ENCINITAS, CA 92024 HN(1) 8'B��H, GA 12648 -'71EQUIPMENT CON- (916) 847-6500 MECHINCAL ELECTRICAL TRACTOR NORTH PACIFIC WEST DF -516N, INC. ENGINEERING ASSOCIATES 24110 -WASHINGTON AVE. #505 18141 BEACH BLVD. SUITE 215 SCALE PH q51) 600 75 24564 HN(1144) O4& 4801JGA.1264$ 3/32° = T-0, Professional Food Service Design and Conseaitirtg 3100 airway avenue, suite 101 costs mesa. cs 02626 t 714 429 9914 f 714 429 SM DATE REMARKS - Obllq/Oq AGENCY SUBMITTAL DATE: 06/12/08 SCALE: AS NOTED D-.., B� A JOB NO. 0"20 DATE: 06/12/08 PA2017-124 D EQUIPMENT r { i PLAN GENERAL NOTE v I. THESE ORAWING5 AND THEIR DE51ON INTENT 5EPRE5ENT THE MOST UP TO DATE INFORMATION PROVIDED TO CLAY ENTERPR15E5. CLAY ENTERPRISES 15 NOT RE51PONSIBLE FOR ANY UNFORESEEN CONDITION5 NEW OR EXI5TIN5, AND DO NOT INCLUDE VERIFICATION OF ANY STRUCTURAL, PLUMBING, MECHANICAL OR ELECTRICAL. IT 15 IMPORTANT FOR ALL PARTIES INVOLVED SHALL FAMILIARIZE THEMSELVES WITH THEIR SCOPE OF WORK, THE COMPLETE SET OF DRAWIN65, AND THE CONDITIONS OF THE PROJECT. 2. THESE DRANING5 REPRESENT FOOD SERVICE DE516N ONLY, AND ARE PROVIDED FOR THE 50LE PURPOSE OF iNDICATIN6 6ENERAL ROUGH -IN LOCATIONS, AND EQUIPMENT REQUIRtEMENTS. THEY DO NOT RELIEVE THE 615ak CONTRACTOR AND SUBCONTRACTORS OF THEIR RE5PON51BILITY OF COMPLYING WITH ALL APPLICABLE CODES, AND NEN AND EXISTIN6 CONDITIONS 5. KITCHEN EQUIPMENT CONSULTANT A55UMES NO RESPONSIBILITY FOR WORK DONE BY CONTRACTORS, NOR FOR ANY CHANGES MADE NECESSARY BY LOCAL BUILDIN6 CODES, ORDINANCES, STRUCTURAL CONDITIONS, OR BY SUBSTITUTIONS OR CHANGES IN EQUIPMENT 5HOWN ON THESES PLANS. ANY INCON5i5TENC1E5 BETWEEN THESE PLANS AND FIELD CONDITIONS SHALL. BE CALLED TO THE ATTENTION OF THE KITCHEN EQUIPMENT CONSULTANT IN WRITING 50 THAT SUCH INCONSISTENCIES CAN BE RESOLVED. 4. IT SHALL BE THE RESPONSIBILITY OF THE OWNER, ARCHITECT AND/OR 6ENERAL CONTRACTOR TO INSURE THE KITCHEN EQUIPMENT CONSULTANT RECEIVES COPIES OF ALL ADDENDUM'S, 0HAN6E ORDERS, AND R.F.I.S (RE%r;5T FOR INFORMATION) WMICH ARE MADE PRIOR TO AND DURIN6 CONSTRUCTION, IN THE EVENT TH15 INFORMATION 15 NOT DELIVERED, THE OWNER NILL BE RE5PON1516LE FOR ALL COST INCURRED BY THE FAILURE TO PROVIDE THE KITCHEN EQUIPMENT CONSULTANT WITH THIS INFORMATION, 5. EQUIPMENT CONTRACTOR SHALL REVIEN THE DRAWIN55 AND EQUIPMENT SPECIFICATIONS AND HOEVER P05SIBLE FIELD VERIFY CONDITIONS THAT PERTAIN TO H15 56OPE OF WORK. EQUIPMENT CONTRACTOR SHALL NOTIFY THE ARCHITECT OR 6ENERAL CONTRACTOR WITH AND DESCREP5CIE5. b. EQUIPMENT CONTRACTOR SHALL BID PER PLANS AND SPECIFICATIONS, UNLESS NOTED OTHERWISE. PO SUBSTITUTIONS OR EQUAL SUBSTITUTIONS SHALL BE MADE H1114M WRITTEN CONSENT OF OWNER AND KITCHEN EQUIPMENT CONSULTANT. T. EQUIPMENT CONTRACTOR SHALL REVIEW EQUIPMENT SPEC IFICATION5 FOR "FOOD 5ERVI6E GENERAL CONDITIONS" WHEN PREPARING THEIR BID TO OWNER. 5. IT SHALL BE THE RESPONSIBILITY OF THE 6ENERAL CONTRACTOR AND EQUIPMENT CONTRACTOR TO VERIFY ALL ROU614-IN LOCATIONS BEFORE SLAB 15 PQURR?, WALL5 AND CEILIN65 ARE CLOSED, EQUIPMENT 15 INSTALLED, OR ANY OTHER WORK LIMITIN6 ACCESS TO ROUC+IN5 ARE FINISHED. THE GENERAL CONTRACTOR SHALL CONFIRM THE ACCURATE PLACEMENT OF ROUGH -INS AND COORDINATE WITH ANY OTHER REQUIREMENTS OF 5UBTRADE5, 9. 6ENEM CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EXHAUST RATED SHAFTS, AND MAKE-UP AIR DUCT NORK PENETRATIONS THROUGH FLOORS, WALL5, CEILIN65, s 3100 airway avenue, suite 101 costa mesa, ca 92026 t 714 428 5914 f 714 429 8996 DATE REMARKS 06/19/04 A6ENCY SUBMITTAL_ SCALE: 1f4'=f40' DRAWN BY: CLAY HEALTHTa NOTES JOB NO. 096020 DATE 06/12/09 I. ALL NEW EQUIPMENT SHALL MEET N5F STANDARDS (NATIONAL SANITATION FOUNDATION), 2. ALL EXISTING OR USED EQUIPMENT TO REMAIN SHALL MEET N5F (NATIONAL SANITATION FOUNDATION), OR BE APPROVED BY THE LOCAL ENVIRONMENTAL HEALTH DEPARTMENT. 3. WALLS AS INSTALLED BY GENERAL CONTRACTOR SHALL BE NONABSORBENT EASILY WASHABLE SURFACE, L16HT IN COLOR WITH A 10% L16HT REFLECTIVE VALUE. SEE ARCH. DRAWINGS FOR FIN15H AND SPECIFICATIONS. 4. CEILINGS A5 INSTALLED BY 6ENERAL CONTRACTOR SHALL BE NONA55MENT EA51LY WASHABLE SURFACE, LIGHT IN COLOR WITH A 10961 LIGHT REFLECTIVE VALUE. NON- PERFORATED VINYL ACOUSTICAL CEILIN6 TILES WITH iNTRE6AL MITE PONDER COATED METAL CEILING 6RD MAY BE USED AS APPROVED BY THE LOCAL EM/1RONMENTAL HEALTH DEPARTMENT OR 6OVERNIN6, AGENCY, 5, FLOORS AS INSTALLED BY 6ENERAL CONTRACTOR SHALL BE NONAB50RMT EA51LY WASHABLE WITH A 3/8" MINIMUM RADIUS COVE BASE AT THE FLOOR/WALL JUNCTURE AND EXTEND 4" TO 6" UP WALL. FLOORS SHALL SLOPE TO A FLOOR DRAIN (1:50 MINIMUM SLOPE) OR PER LOCAL 6OVERNMENT AGENCY HAVIN6 JURISDICTION OVER PROJECT. SEE ARCHITECTURAL DRANIN65 FOR FIN15H AND 5PECIFICATION5. 6. POT 51NKS SHALL BE FABRICATED OF QUALITY GRADE MINIMUM 14 6AU6E 300 SERIE5 TYPE STAINLESS STEEL, WITH THREE COVE SINK BONL5 LARGE ENOUGH TO ACCOMMODATE LAR6EST KITCHEN UTENSIL, WITH DUAL DRAINBOARD5 AS LARGE A5 THE LAR95T SINK COMPARTMENT, T. FOOD PREPARATION SINKS ARE REQUIRED SEPARATE FROM POTNASHIN6 AND HAND SINKS. FOOD PREPARATION SINKS MUST HAVE AN INDIRECT WASTE TO A FLOOR SINK. 8. ALL ICE MACHINES SHALL BE LOCATED WITHIN THE BUILDIN6 IN AN EA61LY CLEANABLE, WELL VENTILATED AREA, AND MALL HAVE AN INDIRECT WASTE TO A FLOOR 5iNK. 4. ALL FOOD RELATED EQUIPMENT - FOOD 51NK5, ICE MACHINES, REFRI6ERATED EQUIPMENT, STEAM EQUIPMENT, COOKIN6 EQUIPMENT, ETC. SHALL DRAIN TO A FLOOR SINK BY MEANS OF AN INDIRECT WASTE KITH A LEGAL AIR 6AP. NOTE: SOME JURISDICTIONS THROU6NOUT THE STATE OF CALIFORNIA HAVE ADOPTED THE CALIFORNIA PLUMBIN5 CODE. THE5E JURI5DICTi0N5 WILL REQUIRE THAT ALL UTENSIL, POT MASHING SINKS SHALL BE CONNECTED DIRECTLY TO THE DRAINAGE SYSTEM. 10, LI6HTIN6 514ALL BE INSTALLED TO PROVIDE 50 FOOT CANDLES AT ALL FOOD PREPARATION, AND WAREWASHIN6 AREA5.50 FOOT CANDLES OF LIGHT SHALL BE PROVIDED IN ALL WALK-IN REFRIGERATION UNITS, DRY FOOD 5TORME AREAS, LAVATORY AND RESTROOMS, AND ALL FOOD SALES AREAS. ALL L1606 INSIDE EQUIPMENT SHALL BE OF SHA TRPR00F CONSTRUCTION OR SHALL BE PROTECTED WITH SHATTERPROOF 5HIEL05 AND SHALL BE EA51LY CLEANABLE. il. PLUMBIN6 CONTRACTOR SHALL SUPPLY AND INSTALL MIXING VALVES ON ALL KITCHEN, BAR51NK5, HAND 51NK5, AND ALL LAVATORIES FOR 110 DEGREE MAX. HOT WATER SUPPLY, SEE ARCHITECTURAL AND PLUMBING DRAWIN65. 12. APPROVED VENTILATION THROUGHOUT ALL KITCHEN, DISHNA514IN6, FOOD 5TORA6E ROOMS, 711 EAST BALBOA BLVD. RESTROOMS, AND CHANGING ROOMS SHALL BE PROVIDED REASONABLY FREE FROM NEWPORT BEACH, CA 92661 EXCESSIVE HEAT, STEAM, CONDENSATION, SMOKE, VAPORS, ETC., AND A REASONABLE CONDITION OF COMFORT FOR ALL EMPLOYEES NORKIN6 NITHIN THE FACILITY. SHEET TITLE SERVI(`;`E EQUIPMENTFOOD K01 ITEM NUMBERFLOOR p 1® AN r---- 7 L _ — — _ J EQUIPMENT ABOVE 1 -------4- EQUIPMENT BELON -----------j EQUIPMENT NORTH Kmml Zoning Administrator - August 24, 2017 ITEM NO. 6a - ADDITIONAL MATERIALS RECEIVED Balboa Lily's Alcohol Service (PA2017-124) To: Additional Materials Subject: Balboa Lily's current application with the ABC for a Type 41 Beer & Wine license From: Kathy Bambeck [mailto:kkbambeck@gmail.com] Sent: Monday, August 21, 2017 11:37 AM To: Zdeba, Benjamin <bzdeba@newportbeachca.eov> Subject: Balboa Lily's current application with the ABC for a Type 41 Beer & Wine license Dear Mr. Zdebas, My husband and I are in full support of Eunjoo Pluenneke's, Owner of Balboa Lily's, license application. We have lived in Balboa since 1986 and are impressed with the quality food, coffee, and ambiance they have created at that location. The restaurant is a real asset to the community. It is attractive, well run and her creative drinks will be a nice addition to her unique and delicious menu. Though we are non drinkers, we believe that the restaurant serving beer and wine will encourage more people to come, stay and enjoy all Balboa Village has to offer. We are firm believers in supporting local businesses and hope the city will feel the same. Very best regards, Kathy and Robert Bambeck 1311 East Balboa Blvd. cell 714 609-1078 Zoning Administrator - August 24, 2017 ITEM NO. 6b - ADDITIONAL MATERIALS RECEIVED Balboa Lily's Alcohol Service (PA2017-124) To: Additional Materials Subject: Balboa Lily's Beer & Wine License From: Marcel Ford[ma iIto: marcel@oldnewportrealty.coml Sent: Wednesday, August 23, 2017 4:00 AM To: Zdeba, Benjamin <bzdeba@newportbeachca.eov> Subject: Balboa Lily's Beer & Wine License Ben, I hope all is well with you and you've been able to enjoy our beautiful city outdoors this summer. I wanted to let you know that the BVMA supports Balboa Lily's ABC license as it truly is a necessity for the business. Without it the business will drag along and never reach the income potential to ensure their success. Thank you and please let me know if you have any questions... All the best, Marcel Ford Broker I Owner 607 East Balboa Blvd. Newport Beach, CA 92661 w. 949. 298. 4888 *100 m. 949. 887. 0236 f. 949. 231. 1495 USC Marshall School of Business, Alumni Lecturer Entrepreneur Program City of Newport Beach, Destination Marketing Committee Member Oregon Department of Education, Entrepreneur Leader Board Member, Newport Beach Advisory Council President, Balboa Village Merchant Association CA bre: 01064293 Zoning Administrator - August 24, 2017 ITEM NO. Be - ADDITIONAL MATERIALS RECEIVED Balboa Lily's Alcohol Service (PA2017-124) To: Additional Materials Subject: Balboa Lily's From: Groundswell [mailto:ground.swell@cox.net] Sent: Wednesday, August 23, 2017 8:48 PM To: Zdeba, Benjamin <bzdeba@newportbeachca.eov> Subject: Fwd: Balboa Lily's Begin forwarded message: Dear Mr. Zdebas, I'd like to express our family's support of the application for a Type 41 Beer & Wine license for Balboa Lily's. Balboa Lily's has brought welcome healthy food options to the Balboa Village. Having another option for dinner (especially a healthy cafe) would be enormously helpful to the year round residents and the family vacationers that add so much to our economy. We own ten rental units between A and B Streets and live in two of the units. We eat at Lily's several times a week and wish they were open for dinner. We can't really understand why anyone would oppose this application. The hours of operation would be so limited and the clientele so unlike the bars, that we can only see this as a win win for the community. Very truly yours, Cindy Dillion 919 E. Balboa 949-295-0521 Sent from my iPhone