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HomeMy WebLinkAbout06_Chocolate Bash Minor Use Permit_PA2017-194CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 25, 2018 c'aG/FoaN`� Agenda Item No. 6 SUBJECT: Chocolate Bash Minor Use Permit Amendment (PA2017-194) Minor Use Permit No. UP2017-027 SITE LOCATION: 2233 West Balboa Boulevard Suite 110 APPLICANT: Albasha LLC OWNER: Rasha Albasha PLANNER: Chelsea Crager, Assistant Planner 949- 644-3227, ccrager@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • General Plan: MU -W2 (Mixed -Use Water Related) • Zoning District: MU -W2 (Mixed -Use Water Related) PROJECT SUMMARY A minor use permit to amend the hours of an existing take-out service limited, eating and drinking establishment with six seats. The proposed hours of operation are 7 a.m. to 2 a.m. daily where the existing use permit allows business hours of 7 a.m. to 11 p.m. daily. There is no alcohol service proposed as a part of this application. If approved, this minor use permit would supersede Minor Use Permit No. UP2015-027. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (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. UP2017-027 (Attachment No. ZA 1). DISCUSSION • The subject property is developed with a 13,124 -square -foot mixed-use building located at the corner of West Balboa Boulevard and 23/d Street. The nonresidential portion (10,400 square feet) at the ground level consists of 11 suites occupied by a mix of retail and small eating and drinking establishments. Two residential units 1 Chocolate Bash Minor Use Permit Zoning Administrator, January 25, 2018 Page 2 are located at the second level. A total of six parking spaces are provided onsite for the nonresidential uses. • On July 16, 2015, the Zoning Administrator approved Minor Use Permit No. UP2015-027 (Attachment No. ZA 3) to allow the operation of a take-out service limited, eating and drinking establishment (Choco Fruit, since renamed to Chocolate Bash) with six seats. The approved hours of operation are 7 a.m. to 11 p.m. daily. There was no alcohol service proposed or approved as a part of the application. • On September 19, 2017, the applicant (the property tenant) submitted an application to extend the hours of operation of Chocolate Bash to 2 a.m. daily. Pursuant to a settlement agreement between the City and the applicant, the application was allowed to be processed without property owner approval. • The property owner submitted a letter of opposition to the application (Attachment No. ZA 4). In the letter, the property owner states that the applicant has a history of operating with late hours (until 2 a.m.) in breach of their lease. The property owner also states that complaints have been received from residential and commercial tenants of the property regarding the late hours of operation of Chocolate Bash and trash left behind by Chocolate Bash customers. The project has been conditioned to keep doors closed and noise contained to the interior of the tenant space past 11 p.m., and to maintain the premises free of graffiti and litter. • The subject property is located in the Mixed -Use Water Related (MU -W2) Zoning District which applies to properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. A take-out service limited, eating and drinking establishment is a permitted use within this Zoning District subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code (NBMC) Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements). • The property is designated Mixed -Use Water Related (MU -W2) within the Land Use Element of the General Plan. The establishment is a commercial use intended to service nearby residents, the surrounding community, and visitors to the area. The use is therefore consistent with this land use category. • The property is considered nonconforming due to the deficiency in on-site parking for the nonresidential uses. Six parking spaces are provided on-site where, based on a retail parking ratio of one space per 250 square feet, a total of 42 spaces (10,400/250=41.6) are required. Each residential unit is provided a two -car garage, consistent with Zoning Code. The proposed extension of hours of operation will not affect the parking requirement. Therefore, no additional parking is required. Tmp1r. 09/21/17 Chocolate Bash Minor Use Permit Zoning Administrator, January 25, 2018 Page 3 Public parking is available on 23rd Street and the establishment is less than 200 feet from the West Oceanfront public parking lot. Staff believes that the proposed hours of operation for the take-out service, eating and drinking establishment will be complementary to the other uses in the building and will serve residents and visitors to the City. The property is located in an established commercial area with several establishments operating with late hours, including Mutt Lynch's (restaurant/bar with alcohol service and late hours located at 2300 West Oceanfront) located approximately 78 feet west of the subject property. The Police Department has no objection to the addition of late hours to the establishment with no alcohol sales. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 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. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Chocolate Bash is an existing take-out limited, food service eating and drinking establishment and the proposed project involves an extension of operating hours only. There is no exterior or interior construction proposed. 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: Chelsea Crager, Assistant Planner GBR cc Tmplt 09/21/17 Attachments TmpIt: 09/21/17 Chocolate Bash Minor Use Permit Zoning Administrator, January 25, 2018 Page 4 ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Minor Use Permit No. UP2015-027 ZA 4 Property Owner Letter ZA 5 Project Description ZA 6 Project Plans 21 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2018-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA SUPERSEDING MINOR USE PERMIT NO. UP2015-027 AND APPROVING MINOR USE PERMIT NO. UP2017-027 TO MODIFY THE HOURS OF AN EXISTING TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2233 WEST BALBOA BOULEVARD, SUITE 110 (PA2017-194) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Albasha LLC ("Applicant'), with respect to property located at 2233 West Balboa Boulevard, Suite 110, and legally described as Lot 9, 10, 11, 12, 13, 14 and 15, in Block 22 of Newport Beach, as shown on map recorded in Book 3, Page 26, Miscellaneous Maps, Records of Orange County, requesting approval of a minor use permit. 2. Applicant proposes a minor use permit to extend the hours of an existing take-out service limited, eating and drinking establishment with six seats in a mixed-use building. Proposed hours of operation are 7 a.m. to 2 a.m., where the existing use permit allows business hours of 7 a.m. to 11 p.m. daily. There are no alcohol sales proposed as a part of this application. If approved this minor use permit would supersede UP2015-027. 3. The Property is located within the Mixed -Use Water Related ("MU -W2") Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related ("MU - W2"). 4. The subject Property is located within the Coastal Zone. The Coastal Land Use category is Mixed Use Water Related (MU -W) and it is located within the Mixed Use Water Related (MU -W2) Coastal Zoning District. The project is exempt from coastal development permitting requirements because project does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on January 25, 2018 in the Corona del Mar Conference Room (Bay E-155 Floor) located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). 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 N Zoning Administrator Resolution No. ZA2018-### Paqe 2 of 8 Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves no alteration of an existing mixed use building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), 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 MU -W2 (Mixed -Use Water Related) General Plan and Coastal Land Use Plan land use designations apply to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. 2. The take-out service limited, eating and drinking establishment with late hours is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach and is consistent with the MU -W2 land use designation. 3. A variety of small eating and drinking establishments exist within the multi -tenant building and the take-out service is complementary to the surrounding commercial and residential uses. 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 property is located in the Mixed -Use Water Related (MU -W2) Zoning District. The existing establishment, which includes kitchen facilities, six seats, no alcohol service, and late hours is a permitted use subject to approval of a minor use permit pursuant to NBMC 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements). Tmplt: 04/14/10 Zoning Administrator Resolution No. ZA2018-### Paqe 3 of 8 2. The property is nonconforming due to a deficiency in on-site parking for the nonresidential uses. Six parking spaces are provided on-site, where, based on a retail parking ratio of one space per 250 square feet, a total of 42 spaces (10,400/250=41.6) are required. Each residential unit is provided a two -car garage, consistent with the Zoning Code. The extension of hours does not require additional parking and the property will remain legal, nonconforming. 3. As conditioned, the establishment will comply with Zoning Code standards for eating and drinking establishments, including those specific to the take-out service limited use classification, which includes a maximum of six seats. 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 location of the take-out service use is appropriate given the establishment is accessible from 23rd Street, West Balboa Boulevard and two alleys, which provides convenient access to motorists, pedestrians, and bicyclists. 2. The mixed-use building contains various retail and visitor -serving commercial uses including small eating and drinking establishments. The existing establishment is compatible with the existing and allowed uses in the area. 3. The McFadden Square area, served by municipal parking lots and the close proximity to multiple commercial uses, including many operating with late hours, and beach and coastal recreation areas, will result in shared trips to the eating and drinking establishment. 4. As conditioned, the allowed hours of operation will be 7 a.m. to 2 a.m., daily. The area is an established commercial area with several establishments operating with late hours, including Mutt Lynch's (restaurant/bar with alcohol service and late hours located at 2300 West Oceanfront) located approximately 78 feet west of the subject property. 5. The applicant is required to comply with NBMC Section 20.30.070 (Outdoor Lighting), which ensures compatibility with surrounding uses. The project does not include changes to existing outdoor lighting. 6. The existing trash storage area at the rear of the property is adequate to accommodate the food service use, including the extended hours, and is conveniently located where materials can be deposited and collected, and does not impede with the parking spaces. Tmplt: 04/14/10 8 Zoning Administrator Resolution No. ZA2018-### Paqe 4 of 8 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 subject Property is developed with the existing take-out service, limited food service eating and drinking establishment. There is adequate public and emergency vehicle access, public services, and utilities, which are existing onsite. There is no proposed expansion to the existing building. 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, 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 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 patrons of the establishment. 2. The resolution includes a condition that requires the premises and immediate surroundings to be kept clear of litter and graffiti at all times to ensure there are no conflicts with the surrounding commercial tenants. Additionally, the project includes a condition of approval requiring doors to remain closed after 11 p.m. and noise to be contained within the tenant space. This is to ensure compatibility with surrounding residential uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-027, 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 (14) days after the adoption of this Resolution unless within such time an appeal is filed with the Community Tmplt: 04/14/10 9 Zoning Administrator Resolution No. ZA2018-### Paqe 5 of 8 Development Director in accordance with the provisions of Newport Beach Municipal Code Title 20 Planning and Zoning. 3. This resolution supersedes Use Permit No. UP2015-027 as approved by the Zoning Administrator on July 16, 2015, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY, 2018. Patrick J. Alford, Zoning Administrator Tmplt: 04/14/10 10 Zoning Administrator Resolution No. ZA2018-### Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Project Specific Conditions in Italics PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. Minor Use Permit No. UP2017-027 shall expire if not exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 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. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 6. Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 7. All exits shall remain free of obstructions and available for ingress and egress at all times. 8. 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 NBMC to require such permits. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. Tmplt: 04/14/10 11 Zoning Administrator Resolution No. ZA2018-### Paqe 7 of 8 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 building permits. 11. The hours of operation for the take-out limited, food service eating and drinking establishment shall be limited to 7 a.m. to 2 a.m. daily. 12. The sale of alcohol shall not be permitted. 13. The maximum number of seats allowed within the eating and drinking establishment shall be six (6). No outdoor seating is permitted unless an amendment to this Minor Use Permit is acquired. 14. There shall be no dancing allowed on the premises. 15. Live entertainment shall not be permitted unless an amendment to this Minor Use Permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 16. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of NBMC Section 20.42. 17. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 18. 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. 19. 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. 20. 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. 21. 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 dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. Tmplt: 04/14/10 12 Zoning Administrator Resolution No. ZA2018-### Paqe 8 of 8 22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. 24. 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 permit. 25. Doors shall be kept closed after 11 p.m. and noise shall be confined to the interior of the tenant space. 26. The operator of the establishment 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 NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 27. Strict adherence to occupancy limits is required. 28. 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 Chocolate Bash Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-027 (PA2017-194). 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. 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. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Tmplt: 04/14/10 13 Attachment No. ZA 2 Vicinity Map 14 � • .'q1 0' 1qo � \ .�1. e � ham' '4p13V T O Subject Property o Y i1 C Minor Use Permit No. UP2017-027 PA2017-194 2233 West Balboa Boulevard, Suite 110 15 Attachment No. ZA 3 Minor Use Permit No. UP2015-027 1( PA2015-103 RESOLUTION NO. ZA2015-038 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2015-027 FOR A TAKE-OUT SERVICE LIMITED, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2233 WEST BALBOA BOULEVARD, SUITE 110 (PA2015-103) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Albasha, LLC dba Choco Fruit, with respect to property located at 2233 West Balboa Boulevard, Suite 110, and legally described as Lot 9, 10, 11, 12, 13, 14 and 15, in Block 22 of Newport Beach, as shown on map recorded in Book 3, Page 26, Miscellaneous Maps, Records of Orange County requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the operation of a take-out service limited, eating and drinking establishment with six seats in an existing mixed-use building. No late hours (after 11:00 p.m.) or alcohol service are proposed as part of this application. 3. The subject property is located within the MU -W2 (Mixed -Use Water Related) Zoning District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water Related). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU -W (Mixed -Use Water Related). 5. A public hearing was held on July 16, 2015, in the City Hall Council Chambers, 100 Civic Center Drive, 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. This project has been determined to be categorically exempt pursuant to Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines under Class 1 — (Existing Facilities). 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing commercial space with no expansion in use. 27 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site as MU -W2 (Mixed -Use Water -Related) which applies to properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. 2. The proposed establishment is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach and is consistent with the MU -W2 land use designation. 3. A variety of small eating and drinking establishments exist within the multi -tenant building and the proposed take-out service would be complementary to the surrounding commercial and residential uses. 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 property is located in the Mixed -Use Water Related (MU -W2) Zoning District. The proposed establishment, which includes kitchen facilities, six seats, no alcohol service, and no late hours, is a permitted use subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements). 2. The property is nonconforming due to a deficiency in on-site parking for the nonresidential uses. Six parking spaces are provided on-site, where, based on a retail parking ratio of one space per 250 square feet, a total of 42 spaces (10,400/250 = 41.6) are required. The residential units each provide a two -car garage, consistent with the Zoning Code. 03-03-2015 12 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 3 of 8 3. Pursuant to Municipal Code Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area) occurs, and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. In this case, the parking requirement for a take-out service limited, eating and drinking establishment is one space per 250 square feet of gross building area and no intensification or enlargement is proposed. Therefore, no additional parking is required and the proposed project is compliant. 4. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments, including those specific to the take-out service limited use classification which includes a maximum of six seats. 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 location of the proposed take-out service use is appropriate given the establishment will be accessible from 23rd Street, West Balboa Boulevard and two alleys, which provides convenient access to motorists, pedestrians, and bicyclists. 2. The mixed-use building contains various retail, and visitor -serving commercial uses including small eating and drinking establishments. The proposed establishment is compatible with the existing and allowed uses within the area. 3. As conditioned, the allowed hours of operation will be 7:00 a.m. to 11:00 p.m. daily, which will minimize any disturbance to residences residing near the property. 4. The existing trash storage area at the rear of the property is adequate to accommodate the proposed food service use and is conveniently located where materials can be deposited and collected, and does not impede with the parking spaces. 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 parking lot provides adequate circulation and parking spaces for patrons. 03-03-2015 29 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 4 of 8 2. The site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. 3. Proposed site improvements will comply with the Zoning Code and all Building, Public Works, and Fire Codes. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approval 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 will 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 update the tenant space, and provide additional services to the residents and visitors alike. 4. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-027, 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 (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 03-03-2015 20 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JULY, 2015. 03-03-2015 21 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 3. 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. 4. 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. 5. The hours of operation for the establishment shall be limited to 7:00 a.m. through 11:00 p.m., daily. 6. The sale of alcohol shall not be permitted. 7. The maximum number of seats allowed within the eating and drinking establishment shall be six (6). No outdoor seating is permitted unless an amendment to this Minor Use Permit is acquired. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 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. 03-03-2015 22 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 7 of 8 12. 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. 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. 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). 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 Minor Use Permit. All deliveries shall be done onsite in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 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 permit. 19. 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. 20. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly 03-03-2015 23 PA2015-103 Zoning Administrator Resolution No. ZA2015-038 Paqe 8 of 8 or indirectly) to City's approval of Choco Fruit including, but not limited to, UP2015-027 (PA2015-103). 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. 03-03-2015 7 Attachment No. ZA 4 Property Owner Letter 25 American Commercial Equities December 4, 2017 City of Newport Beach Attn: Chelsea Crager Sent via email to: tcraPer@newoortbeachca. ov And copy via First Class Mail to: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Ms. Crager: tG': VED DY COMMUNITY nMIELOPMENI DEC 0 7 2017 (Try OF 41�1 1"/PORT BIEN& Pursuant to your telephone conversation with Angela DeGroot, our property manager for the Building located at 2233 W. Balboa Blvd., Newport Beach, CA, that took place on Friday, December 1, 2017, 1 am sending you this email that outlines the property owner / Landlord's position pertaining to the pending MUP application submitted by our Tenant, Albasha LLC, dba Choco Fruit ("Choco Fruit") for their business located at 2233 W. Balboa Blvd., Suite 110, Newport Beach, CA. I am the attorney for the property owner and Landlord, American Commercial Equities Three, LLC, ("Landlord") and I can address any further questions you might have pertaining to this matter. Given that this recent submission of an MUP has a long history, I will attempt to briefly outline the events that have taken place to date so that you will have a better understanding of where the Landlord is coming from and the reason(s) why we are taking these positions. On or about April 27, 2015, Choco Fruit and Landlord entered into a written lease agreement for the Premises located at 2233 W. Balboa Blvd., Suite 110, Newport Beach, California 92663 ("Premises"). The Premises are located in a retail strip center in Newport Beach. Landlord's property contains both commercial retail and residential units, as well as adjacent and near to Landlord's property are a number of buildings that contain both commercial retail and residential units. The Lease was for a term of five years ("Lease'). Section 21.2 of the Lease provides, in pertinent part: 21.2 Hours and Days of Operation. ...Tenant [Choco Fruit] shall be continuously open for business in the Premises from the hours of 7:00 am to 5:00 pm Monday through Thursday and Friday through Sunday 7:00 a.m. to 10:00 pm .... [Landlord has previously modified the Lease and has given Choco Fruit permission to remain open for business until 11:00 pm Fridays through Sundays.] In addition, Section 11.4 of the Lease provides, in pertinent part: 11.4 Compliance with Laws. Tenant [Choco Fruit] shall comply with all currently existing and future federal, state 310.774.5300 1 22917 Pacific Coast Hwy, Suite 310 Malibu, CA 90265 www.AmericanComm�iEquities.com "aiva American Commercial Equities and/or local laws, statutes, ordinances, codes, rules, regulations, orders and requirements of any and all governmental authorities having jurisdiction over the Premises, Retail Center, or business conducted therein (collectively "Laws") relating to the operation of Tenant's business.... After Choco Fruit took possession of the Premises, Choco Fruit sought to extend its weekend hours from 10:00 p.m. (as set forth in the Lease) to 11:00 p.m. Landlord consented to this request, and the City of Newport Beach ("City') issued a Minor Use Permit on or about July 17, 2015. However, on or about December 2016, Choco Fruit sought to extend its weekend operating hours to 2:00 a.m. (even though Choco Fruit was already operating during the extended hours over Landlord's written objections and demands to comply with the Lease). Because Landlord would not agree to the extension, the City would not grant Choco Fruit a Minor Use Permit for the extended hours to 2:00 a.m. Failing to obtain a Minor Use Permit, Choco Fruit is breaching Section 11.4 of the Lease as well. On February 28, 2017, Choco Fruit filed an action against Landlord asserting causes of action for breach of contract, breach of the covenant of good faith and fair dealing, breach of quiet enjoyment, violation of the Unruh Civil Rights Act, declaratory relief and injunctive relief, ostensibly based on Landlord's refusal to consent to Choco Fruit's extended operating hours. Landlord demurred (i.e. objected) to the Complaint, and on July 12, 2017, the Court sustained (i.e. approved) Landlord's demurrer with leave to amend. On July 25, 2017, Choco Fruit filed a First Amended Complaint ("FAC"). In the FAC, Choco Fruit added the City as a Defendant on a claim for inverse condemnation and writ of mandate and amended its claims against Landlord. As to Landlord, Choco Fruit was now only seeking declaratory relief, alleging that the City's alleged inverse condemnation effectively terminated the Lease. Choco Fruit was no longer seeking the extended operating hours. Before Landlord (or the City) was able to file a responsive pleading to the FAC, on August 11, 2017, Choco Fruit dismissed the FAC without prejudice. Even though Landlord would not consent to Choco Fruit extending its operating hours, and even though Choco Fruit could not obtain a permit from the City to do so, Choco Fruit continued to remain open for business until 2:00 a.m. on the weekends, despite additional written demands by Landlord to comply with the Lease. Landlord has received numerous complaints from both its residential and commercial tenants regarding Choco Fruit operating its business past 11:00 p.m. — as for the residential tenants, they cannot sleep at night given the large number of people that congregate in the parking lot — as for the commercial tenants, they complain about Choco Fruit customers setting off their alarms, and leaving the parking lot dirty with trash when they arrive in the morning to open. Given the above, and after numerous telephone calls, emails, and formal letters from Landlord to Choco Fruit informing and finally demanding that they comply with the Lease, on October 4, 2017, Landlord caused a 30 -day Notice to Perform Covenant or Quit ("Notice") to be served on Choco Fruit. The Notice advised Choco Fruit that: (a) Choco Fruit was violating Section 21-2 of -the Lease by remaining open-past-1-1:00-p.m—on-weekends, and -(b) to -cure the breach, 310.774.5300 22917 Pacific Coast Hwy, Suite 310 Malibu, CA 90265 www. American Comm27 ercia lEquities.com /1<00American Commercial 1 Equities Choco Fruit had 30 days to close down business operations by 8:00 p.m. Mondays through Thursdays, and by 11:00 p.m. Fridays through Sundays — i.e. all Landlord wanted was for Choco Fruit to comply with the Lease that they freely agreed to. Rather than complying with the Notice, on October 11, 2017, Chaco Fruit filed a new / second action against Landlord ("Second Action"). In the Second Action, Choco Fruit once again seeks declaratory relief, this time requesting that the Court find that Section 21.2 only provides for the minimum hours for Choco Fruit to operate its business. The Lease provides that Choco Fruit is to open for business daily at 7:00 a.m., so if Section 21.2 provides for minimum operating hours, [as Choco Fruit contends] then Choco Fruit must be conceding that it is breaching the Lease when It does not open for business at 7:00 a.m. Choco Fruit cannot have it both ways. Choco Fruit failed to comply with the 30 -day Notice to Perform Covenant or Quit, either by complying with the Lease or quitting the Premises. Thereafter, on November 9, 2017, Landlord filed an unlawful detainer action based on Choco Fruit's failure to comply with Section 21.2 of the Lease. As I hope you can see, the Landlord merely wants Choco Fruit to comply with the Lease so as to not interfere with the other retail and residential tenants at the property. Prior to signing the Lease, Choco Fruit had full knowledge of the retail and residential units that were present at the property. Given the above, Landlord is not willing to agree to allow Choco Fruit to extend its operating hours past those set forth in the Lease. Landlord requests that it be made aware of any and all public hearings for this pending MUP, so that we can be present and be heard on the matter. Should you or anyone at the City have any questions, concerns, or need any clarification pertaining to this matter, please contact me. Sincerely, Steve W. Colgate, Esq. American Commercial Equities 310.774.5300 I 22917 Pacific Coast Hwy, Suite 310 Malibu, CA 90265 www.AmericanCommerrccialEquities.com Attachment No. ZA 5 Project Description 29 Attachment to Application to Modify Conditions of Minor Use Permit No. UP2015-027 (PA2015-103) 2233 W. BALBOA BOVD SUITE 110 This is an attachment to the Application to Modify Conditions of Minor Use Permit No. UP2015-027 (PA2015-103) 2233 W. BALBOA BOVD SUITE 110. Applicant seeks to modify the conditions of the above referenced use permit to allow the business to stay open until 2:00 A.M. In support of this application, applicant offers the following: The applicant does not offer alcohol. 2. There are hundreds of available empty public parking places within a short walking distance of the applicant's business after 6:00 P.M. every evening. 3. The applicant's business generates only 20 to 30 patrons between the hours of 10:00 P.M. and 2:00 A.M. 4. There are other business within a fifty yard radius of the applicant's business that generates many more patrons between the hours of 10:00 P.M. and 2:00 A.M. than does the applicant. Dated: August 24, 2017 Rasha Albasha CEO, Albasha LLC WE PA2015-103 ALBASHA, LLC 2233 W. Balboa Blvd Suite #110 Newport Beach, CA 92663 (T):(714)582-9166 (F):(949)209-2092 Project Description & Justification Choco Fruit is a European breakfast and dessert food service outlet. We offer variety of desserts and chocolate products including thin French pancakes (crepes), waffles and fruit salads In addition to the sales of cold drinks beverages and coffee products. No Alcohol or Tobacco products will be sold on premises. Our menu is attached with this application for your review. Choco Fruit products don't require any cooking or usage of oil or grease producing items. The crepe and waffle machines at Choco Fruit don't require the use or installation of a cooking hood per the manufacturer specifications. Choco Fruit will be a takeout limited business with a total of two tables and six chairs in a gross floor area of 860 Sq/Ft. Choco Fruit will have a total of 6 employees and our hours of operations will be from 7 AM -8PM Monday to Thursday and from 7 AM -10 PM Friday to Sunday. Our business will target the heavy walking traffic, surrounding residents and beach visitors at Newport Beach Pier. 31 Attachment No. ZA 6 Project Plans 32 1 f`v I I" m �; 111161K611211NII, �3Y Dr x 0 pP omy OF uw rma / Crl tl�lsr n`, Nqa 1y.L +l+ra ✓c 1.4 - Via. _ -I ilii '...LI'- 4od.` ru:iL� �Lti 1 v ' O III Y I{ n k+4. s. / IL P ' canwcnn+oncco NO. DATE REVISION BY CHK RVDAPPR 71 mr5 DU DIF u+a ArtMMTRame r.TMA M1S.FUA¢o l0 nn5 oeslWus na rWIe1.1 utl. oe:", NO D nnNmeo soQtvroRme use or me cl.11110 eo. 05.111. R(PwJWL0011,C01150 r Or+ Or In."r,0S,rrlrrWInr[ fMrrf55+rRrrteu T"." OPUS: Ongna9PROnrorleo. rtrtl me courts %11550ID T. ro r:onrra5. o..y..oP nrnezcoz VeNFIDuss:ou DO"O"rw+. ut onenr5ons VMID $s vewerto r].oF 10 eoanrn:eu:e tonseRVenon. AL WnPoe$ snl3t ear.mer rRn euPR[m GW rown4 vmmne. rmAmlrw. 1:1.110.. e¢... Nm 1. e.l wcss. OIL �I GD�pr„a�•'Ww .. _. .,gym, v qua n PARkING SUMMARY , ALL C0098 TO CONFORM' }TU PBC 10,13 cHAPTE8ll8' Ucvgned 6/: E. u11oa SUDMITTED DY: DE51GN BY: 2233 E 2233 W. BALBOA BLVD. SUITE 1 10 TENANTDARKI ACTING PARK: P. mma RANI ALBAKRI 310.910.2772 Joe no< 0514-15 RANI ALBAKRI PEDRO ULLOA NEWPORT BEACH, CA. 92663 ono: 06.03.2015 A 51Omvr+ NOTES 1. SCOPE OF WORK: DESSERT SHOP 2. OCCUPANCY: B 3. TYPE OF CONSTRUCTION: TYPE Al 4. SPRINKLER BUILDING: NONE 5. ESTIMATED NUMBER OF EMPLOYE 6. FLOOR AREA: SQ860.FT. 7. HEIGHT: 15 FEET 8. NUMBER OF STORIES: 1 SHEETINDEX SHEET 1: COVER SHEET SHEET 2: FLOOR PLAN SHEET 3: FLOOR PLAN NOTES SHEET 4: ELECTRICAL/ CEILING/LIG SHEET 5: PLUMBING PLAN/ NOTES TENANT IMPROVEMENT CHOCO FRUIT F:\CASA DE51G C,aSa ue5lgn5 and Home 5erv1ce5 P.O.Box 3427 Vlctorv111e, CA. 92393 ph: 760-41 2-081 2 email: ca5aulloa@clmall.com —CO'SI In uOnanE NO. DATE REVISION BY CHKRVDAPPR INS Bn:411 um uL NfC.111c mE.A AssonARD i0 rnls ..*In sme rWPevY or us, F.111 um Is11 V. saOy MKPS use 0r KS CLRm BSRD. urvosE. Krrvnwcupn. wcas0lr Or mm. DLS.E' i ss rINOlnnGDJnI6D IT111 MOVIF OREOR IA 5910S15107rpr:OBIY Ub OwOna Or EKCFL0O?SORO:E;sS10111. C. SPWI. A1LL11MABITIIX ALL EIJO F`. VEWP:ED PWOR r0 MH CVrICII:C CIOC WICR011. ALL G1:LpBGS Sr:411 COLIRY Y4IX CVxRE11r CP I'D omlD�ne,rw6ma;e.l.rtcnuncu. eLeawcu, u:D eneeer cones. NON: 1: ALL EQUIPMENT AND OACKSPLASHES AR17 TO BE ADEQUATELY SEALED TO THEWAI.LS. NOTE 2: 12' HIGH STAINLESS STEEL SPLASH GUARD ON BOTH SIDES OF HAND WASH SINK, NOTE 3: ALL EQUIPMENT TO HAVE BY SNEEZE GUARD. NOTE4: ALL FLOOR CABINETS TO BE RASED ON V STAINLESS STEEL LEGS. FIRE DEPARTMENT NOTE 1: ALL DOORS LEADING INTO BUILDING WLL HAVE A SIGN OVER THE ENTRANCE WTHIGH WILL READ. "THIS DOOR (0 REMAIN UNLOCKED DURING BUSINESS HOURS. NOTE 2: A MASTER KEY WILL BE PLACED IN KNOX BOX FOR I'HE USE BY THE FIRE DEPARTMENT. NOTE 3: EVERY EXIT DOOR WITH THE EXCEPTION OF THE MAN ENTRANCE SHALL BE OPERABLE FROM THE INSIDE WITHOUT THE USE OF A KEY. TOOL OR SPECIAL KNOWLEDGE OR EFFORT. SPECIAL LOCKING DEVICES SHALL BE OF AN APPROVED TYPE. NOTE 4: NO FIRE SPRINKLER IN UNIT ALL NEW SECURITY GRILLS, DOORS, AND WINDOWS MUSTCOMPLYIMTH BUILDINGSECURITY STANU.AROS, ORDINANCE N 7,70. SNEEZE GUARD DETAIL N.T.S. EQUIPMENT SCHEDULE FINISHED SCHEDULE FLOOR GAS VOLTAGE HOT COLD DRAINAGE: COMMENTS STAINLESS TRULI F.R.P. I EQUIPMENTMAKEANO INFO. INFO. WATER WATER INFO. DRY STORAGE ROOMRflY (E)=EXISTING MODEL TO COMPLY WITH NSF DRYWALL WTH DRYWALL SEMI IA& INFO. INFO. BAD. COVE BASE, SEMIGLOSS PAINT I F.0. P. IN) =NEW SPECS. SEF: ATTACHED SHEETS 6' QUARRY TILE W3l6- ORYWALL WITH EXPOSED LOBBY Is, SO. CERAMIC TILE MD. COVE DAIS. 6ODITWAFFLE BAKER TWN PEAKS 240V III QUARRY TILE B' QUARRY TILE W316' MO. COVE SAID. 4FT.F.R.P./ DRYWALL ORYWALLSEMI-GI 1 (N( MODELLED SOOIR ELECT CREPE MACHINE 240V 2 (NI 110DEL:400FE TURBO NR REFRIGERATED 3 (N1 MERY CASE 240V ON CASTERS MODEL: TSSUi8-1011D GLOBAL REF ICE CREAM DIPPING 240V ON CASTERS 4 (N) CASE MODEL: KIM 47 STAINLESS STEEL HAND SINK 1/2' 1/2• F.S. 5 (N( G.S.W. MODEL: HSQ017SS STAINLESS STEEL PREP SINN. 1l2' F.S. ONE COMPARTMENT W11 GRAND 6 (N( INFAD MODEL SE101SIR 1/2" BTNNLESS STEEL COMP SINK 1W F'S' ONE COMPARTMENT WI GRAND] N ( I flI FAB MODEL SE1S10]D20 1/T' EXTENDED FOR DISPOSAL 6TNULESS STEEL 220V ON CASTERS 0 (N( REFI.IODELTUOSOADA STAINLESS STEEL 46- WORK TABLE 9 (N( CIA FAO MODEL: RJJU04W 6EPHRA 44" CHOCOLATE FOUNTAIN 220V 10 (N( BRUSHED MODEL: 0944R46 CF34R4 ICE CUBE CUBE STYLE 11 (N( ICE�QMATIC MODEL 220V IIT F.S. ILEU2207261226 VISTINGTANKISLOCATEDUP: 12 (E) TANKLESS WATER HEATER 220V 1/2" In- OF RESTROOM. 6TO. MOP SINK 24 x 24 x 10 FIBER GLASS I CANTIM' 13 (E) G.S.W. MODEL: SE2424FIA 1n' FROMWALL 14 (N( LOCKER MODEL: EL -20R (6) STAINLESS STEEL DRY STORAGE 15 (N( FOOD SHELVES OF x 4B'(32OF) MODEUSBP-1640 16 NK EXPRESSO MEGA II SERIES 220V 17 NG VITAMIN DOSSIER 1002 SERIES 120V TURBO NR COMBINATION CASES 1B (N( 2 FUNCTION flEF L100EL: 120V ON CASTERS TOI.1"WdOSB 18 (N( KITCHEN AID MIXER 650 SERIES 120V FINISHED SCHEDULE SCALE 1/4" = 1 SYMBOLS/ABBREVIATIONS O - INDICATES EXISTING WALL Q - INDICATES NEW 8 FT WALL ®- INDICATES NEW HIP WALL Omignee DY: FLOOR FLOOR BASE OR COVE WALLS CEILING P UIIBa SUBMITTED BYt 6'QUARRYTILEWIYg' STAINLESS TRULI F.R.P. I EXPOSED PREP AREA IF QUARRY IIIE MD. COVE BASE. ORYWALL DRY STORAGE ROOMRflY gpUP TILE 0' QUARRY TILE Wl 316' DRYWALL WTH DRYWALL SEMI IA& &OFFICE BAD. COVE BASE, SEMIGLOSS PAINT I F.0. P. Solt: W 5nowR 6' QUARRY TILE W3l6- ORYWALL WITH EXPOSED LOBBY Is, SO. CERAMIC TILE MD. COVE DAIS. SEMI.GWSSPAINr EXISTING RESTROOM III QUARRY TILE B' QUARRY TILE W316' MO. COVE SAID. 4FT.F.R.P./ DRYWALL ORYWALLSEMI-GI SCALE 1/4" = 1 SYMBOLS/ABBREVIATIONS O - INDICATES EXISTING WALL Q - INDICATES NEW 8 FT WALL ®- INDICATES NEW HIP WALL Omignee DY: P UIIBa SUBMITTED BYt 17E5IGN BY: JOB SITE: 2233 W. 091009. BLVD. TENANT/CONTRACTING PARTY: 0.., ar: 910.27.1 P. uuca HANI ALI I SUITE I O NEWPORT BEACH, CA. 92GG3 31 310.910.2772 JP6 xP: 0514-15 PEDRO ULLOA Dn<: 06.03.2.015 Solt: W 5nowR TENANT IMPROVEMENT CHOCO FRUIT F:\CASA DE51G Cana ve51gn5 and home 5erv1ce5 P.O:Box 3427 Vlctormlle, CA. 92393 ph: 760-41 2-081 2 email: ca5aulloa@gmad.com I1 1-WAU-MPMRO L[N1AiE / \ LUAuceIocATm To tNG uce aP mac coons MIEFFA.INY LN THE W W? WALLS NAGE ADJACENT TO DOUBLE 00085 [Nd .INT MEA IN IMO" TO AC WAU ILL"O / r1ABr A0`4m 'I'MWALL SIGNAGE on ADJACENT WALL ACCESSIBILITY SISNASE WALL.XPIMFO sibNH mmvlmen,euu au,,ano-wa 7 TOG TEB - UTM OIOE a. t OPBtti1 / xwv.mem,e WALL SIGNAGE ADJACENT TO DOOR ROOM IDENTIFICATION SIGNAGE 0MILI0 1IXELI11,11M RESTROOM IDENTIFICATION SYMBOLS WALL -MOUNTED ACCESSIBILITY SNAGE INACCESSIBLE SANITARY FACILITY SIGNAGE LAMnE L,urm .w ame,.,.. �wMrc,�tlo�1�•.��� �'aww.mw.�. w.w ACCESSIBLE TOILET ROOM IDENTIFICATION SIGNAGE COUNTER ACCE5515LE DETAIL See Plan A Alcor Moor apace Ol 30148' u ed In IrOIn 011 txa[allOrva . aprrwcx (CA AC I le.6o6.z) SUBMITTED BY: 4.zn5) loonI JOB SITE: TENANT/CONTRACTING PARTY: TENANT IMPROVEMENT 3G' MIN. DOOR I d 34' MIN CVE UVp 1. 2233 W. BALBOA BLVD. HANI ALBAKRI CHOCO FRUIT alt.9pennen to bo S, 4l A,. x:g Operable 310.910.2772 p .(C -A II part. (Gron6run 116603.9) vti r° 1 q CA' 92GG3 m w.c. \ _ / io m grab bare WITaI1G, rwrABleL, 1e1CIIP CAI, 111COLOA1,-011e- 24' Inay. _ 42' I, mm, grab. bac 42'9mbar max. conrs. t.: AIL sllmw FLOOR Mlrcon are I. be mounleq 40(' Iron) IIOmP ' 4'-ACNMan I I B.G03.3)(ADA4.) 9.6) tO h:gxc 36 Lg bl 42' Lg. ELEVATION ELEVATION "Aldi 0R1 Nl AY e .TAIL tlr Rna'R W9NIL BUtl 1L.K V X 1' MUOIC tOP r1AR V14 Y .L. IV. 9RGil[O BY RIWII yr Dznvu[ WALL SECTION DETAIL GENERAL NOTES 1. V151T THE 51TE TO BECOME FAMILIAR WITH THE EXISTING CONDITIONS TO BETTER UNDERSTAND THE REQUIREMENTS OF THE CONTRACT DOCUMENTS. VERIFY ALL DIMENSIONS, ELEVATIONS AND CONDITIONS PRIOR TO BEGINNING ANY WORK. NOTIFY THE ARCHITECT OF ANY DISCREPANCIES. 00. NOT SCALE DRAWINGS. 2. UNLESS OTHERWISE INDICATED ON THESE DRAWINGS AS BEING NOT IN CONTRACT OR EXISTING, ALL ITEMS, MATERIALS, ETC'. AND INSTALLATION OF THE SAME ARE PART OF THE CONTRACT DEFINED BY THESE DRAWINGS AND SPECIFICATIONS. 3. ALL WORK AND MATERIALS SHALL CONFORM TO THE LATEST ADOPTED UNIFORM BUILDING CODE (A5 AMENDED), ALL ORDINANCES AND REGULATIONS OF IHE CITY OR COUNTY WITH JURISDICTION, AND ANY SPECIAL REQUIREMENTS INDICATED IN THESE DRAWINGS. 4. G.C. TO PROVIDE ALL LABOR MATERIALS, EQUIPMENT, TOOLS, TRANSPORTATION, UTILITIES AND OTHER SERVICES AND RELATED TA5K5 NECESSARY FOR PROPER EXECUTION OF THE CONSTRUCTION REQUIRED BY THE CONTRACT DOCUMENTS. 5. G.C. TO A55UME SOLE AND COMPLETE RESPONSIBILITY FOR JOB 517E CONDITIONS. COMPLY WITH SAFETY REGULATIONS AND PROTECTION DURING THE COURSE OF CONSTRUCTION OF THE PROJECT. PROVIDE PROTECTION AS REQUIRED TO PREVENT ANY DAMAGE TO U15TING CONSTRUCTION WITHIN AND ADJACENT TO THE AREA AND/OR MATERIAL AS REQUIRED TO THE OWNER'S APPROVAL AT NO ADDITIONAL COST. THESE REQUIREMENTS SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL HOURS. G. DURING CONSTRUCTION AND/OR DEMOLITION, G.C. TO PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NO LE55 THAN 2A OR 2A OBC WITHIN 75' TRAVEL DISTANCE OF ANY CONSTRUCTION AND/OR DEMOLITION 7. SEAL ALL OPEN JOINTS IN THE EXTERIOR BUILDING ENVELOPE TO PREVENT AIR AND WATER INFILTRATION. COMPLY WITH ANY FIRE RATING REQUIREMENTS 8. G.C. TO BRING ANY REVISION OR ADDITIONAL WORK REQUIRED' BY FIELD CONDITIONS OR LOCAL GOVERNING AUTHORITIE5 TO THE A'fTENf10N THE ARCHITECT BEFORE PROCEEDING. 9. NO STRUCTURAL MEMBERS SHALL BE CUT FOR PIPES, A.C. DUCTS, ETC., UNLE55 SPECIFICALLY DETAILED AND/OR APPROVED BY THE STRUCTURAL ENGINEER.. 10. WHERE LARGER STUDS AND/OR FURRING ARE REQUIRED TO COVER DUCTS, PIPING, COLUMNS, SADDLES, BOLTS, CONDUIT, ETC., THE LARGER SIZE STUD AND/OR FURRING SHALL EXTEND THE FULL LENGTH AND HEIGHT OF THE SURFACE WHERE THE FURRING OCCURS. 1 1 . G.C. TO MAINTAIN GOOD HOUSEKEEPING AT ALL TIMES. ACCUMULATION OF COMESTIBLE WASTE MATERIALS IN THE BUILDING 15 NOlALLOWED. 12. NO BUILDING OR PORTION OF A BUILDING SHALL BE OCCUPIED OR USED FOR STORAGE PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. APPROVAL FOR OCCUPANCY 15 ONLY GRANTED ACCEPTANCE BY GOVERNING AGENCIES. NOTES SCOPE I . NO ADDITIONAL SQUARE FOOTAGE TO BE ADDED BY 2. ALL IMPROVEMENTS ARE NON-STRUCTURAL AND TO BUILDING. 3. IB1'IANDICAPPED ACCESS LE BATHROOMS WITH WATT FAN, WATER CLOSET, LAVATORY, AND LIGHTING. 4. ALL EXTERIOR WINDOWS AND DOORS ARE EXISTING MODIFICATION. 5. ONLY WALLS WITH HATCHING ARE PROPOSED. ALL C EXISTING. 5EE INTERIOR WALL DETAIL. DOORS AND HALLWAYS I . ALL PROP05CO INTERIOR HALLWAYS AND DOORS 511 2. ALL PROP05ED INTERIOR DOORS SHALL BE MIN 80' 3. THE BOTTOM 10" OF ALL DOORS SHALL HAVE A 5M SURFACE TO ALLOW THE DOOR TO BE OPENED BY A WITHOUT CREATING A TRAP OR HAZARDOUS CONDI' 4. MAXIMUM EFFORT TO OPERATE DOOR5 SHALL. BE LE: PROPOSED INTERIOR DOOR5. FLOORING I . CHANGES IN LEVEL UP TO 'A" MAY BE VERTICAL AND TREATMENT. 2. CHANGES IN LEVEL BETWEEN 1/4° AND Vz'I SHALL BE A MEAN5 OF A RAMP NO STEEPER THAN I VERTICAL 1 3. IF CARPET 15 USED ON A FLOOR SURFACE, IT SHALL ATTACHED, HAVE A FIRM CUSHION, PAD OR 15ACPN PAD, AND HAVE A LEVEL LOOP, TEXTURED LOOP, LEI CUT/UNCUT PILE TEXTURE. THE MAXIMUM PILE HEIGI EXPOSED EDGE5 OF CARPET SHALL BE FASTENED T( AND HAVE A TRIM ALONG THE ENTIRE LENGTH OF Th 4. ALL FLOORS IN PUBLIC AREAS SHALL HAVE NON -51-11 COMPLIANCE WITH DIVISION 18 OF THE "HEALTH AN THE STATE OF CALIFORNIA. BUILDING DEPARTMENT NOTES I . THIS APPROVED SET OF PERMIT PLANS TO BE ON JC DURING CONSTRUCTION. ALL WORK SHALL BE DON THE APPROVED PLANS. NO CHANGES OR REVISION. PLANS OR SPECIFICATIONS SHALL BE PERMITTED UP AND APPROVED BY THE BUILDING OFFICIAL. THE 15! SHALL NOT PREVENT THE BUILDING OFFICIAL FROM CORRECTION OF ERRORS OR OMISSIONS FROM TM AND SPECIFICATIONS. 2. PLANS AND CONSTRUCTION SHALL BE IN CONFORM. UNIFORM BUILDING CODE, 2013 CALIFORNIA MECH CALIFORNIA PLUMBING CODE, 2013 CALIFORNIA ELI NATIONAL ELECTRIC CODE, 2013 UNIFORM FIRE CO CODE, AND THE 2013 CAL ENERGY CODE. 3. ALL CONTRACTOR5 AND SUBCONTRACTORS MUST I BUILDING DEPARTMENT, A L15T OF ALL SUCH CONTRI SUBCONTRACTORS WITH APPROPRIATE CURRENT C11 NUMBERS. Casa De,51(an5 and home 5erv1Ce5 P.O.15ox 3427 Vlctorvllle, CA. 92393 ph:7GO-412-0812 email: Ca5aUllOa@gmall.COm -TENENT IMPROVMer\CHOCO FRUIT\NE eomuenr nonceo NO. DATE PEV1510N BY CHKRVDAPPK Vets' -BY p Uuva IM15 vrslcll AILD ALL ELMdamc r.IECIA Af IAt[v tv mis SUBMITTED BY: DESIGN BY: JOB SITE: TENANT/CONTRACTING PARTY: TENANT IMPROVEMENT OP51GI119 M[ P WYERKOI GSa Dergn, NID IS nn[INCD Ula:vn 6r: sanvYGxm[use OP the nlEur us¢o. onus[, P. UIIOd 2233 W. BALBOA BLVD. HANI ALBAKRI CHOCO FRUIT RVROVJCIIOII, ORONIAfIOII Or in6[RN19 „/:IX WIIXE Ir�isa lecunn cw.Gsroi�slaunv io �on"rvos, o�.�l.. o} aeb lea. 0514.13 e HANI AL15AKRI SUITE 110 NEWPORT BEACH, 310.910.2772 PEDRO ULLOA uIY CRROR9OROAIILIS10n510TX 19PW1. 41.0W0I45:0A!I UatC: CA' 92GG3 5,iouLO tlE vemrim PRIOR rO COtF.IC1:CRIL CD119iwC11011. ALL W LOIII1 StlV 1 COMPLY vnnl mucor CA1JMT14fA 05.20.2015 WITaI1G, rwrABleL, 1e1CIIP CAI, 111COLOA1,-011e- conrs. t.: AIL sllmw Pe\CASA 1 Casa De,51(an5 and home 5erv1Ce5 P.O.15ox 3427 Vlctorvllle, CA. 92393 ph:7GO-412-0812 email: Ca5aUllOa@gmall.COm -TENENT IMPROVMer\CHOCO FRUIT\NE NOTES 1. FXISTINGELECTR(CAL DEVICES AND SPEAKERS ARE SHOWN IN GRAY AND AND BREAKERS ARE SHOWN IN BLACK, 2. RESTROOM EXHAUST FANS ARE ELECTRICALLY INTERCONNECTED WITH LIGHT SWITCH. 3. LIGHT FIXTURES ARE TO: BE PROTECTED AGAINST BREAKAGE THROUGH USE OF PLASTIC SHIELDS, PLASTIC SLEEVES, SHATTERPROOF BULBS AND I OR OTHER APPROVED DEVICES. SYMBOLS/ABBREVIATIONS JO JUNCTION BOX HOMEAUN / CONDUIT CONCEALED IN WALL, i� CEILING, FLOOR, ETC. CONVENIENCE RECEPTACLE ®.1B" UNLESS OTHERWISE NOTED C CONVENIENCE ABOVE CEILING RECEPTACLES ® 4 O.C. UNLESS OTHERWISE NOTED GFIC -GROUND FAULT INTERRUPT CIRCUIT EWH- ELECTRIC WATER HEART AFF -ABOVE FINISHED FLOOR WIGATIERYGACKUP S'SELF.LUDIHOUS EDERGENCY EXIT LIGHTS . N'IGATTERYBACKUP G SELF -LUMINOUS NO CHANGES TO EXISTING UI4ISEX RESTROOM TO BE MADE 18-A.F.F. PREP P Ullae AREA EXIST Al4 RESTROOM I IPAPA I\ J EXISTING lu \ / INSTANT HOT \\-- WATER TANK tU IM UNDER � 1 SINK R) Is-AF.F. T 1 7'DRYSTORAGE--s: AIM /1 URO 20AI SINK ROOM (3) 18-A.F.F. PREP P Ullae AREA DESIGN BY: Al4 TENANT/CONTRACTING PARTY: IPAPA RANI ALBAKRI 1; W) I 44-A.F.F. MAKG Jon uoi 0514-15 PEDRO ULLOA � 1 05.20.2015 T 1 44-A.F.® F. AIM URO 18-A.F.F. ELECTRICAL PLAN SCALE 1/4" =1 BOLS/ABBREVIATIONS O - INDICATES EXISTING WALL Q - INDICATES NEW B FT WALL ®- INDICATES NEW HIP WALL oor Glml.A.,c N0. DATE REVISION BY CHKRVD APPR THIS PsKII PAID MI. FUCIR011'L I4CAA AYSCCILAR TO MI5 DLSIGII I9 PHI PROPCRITOI C'%OM, MID IS IIAIXJGLD s06LTPORmCUCCOPIHCCGDIIUSIGX MAI XffPOW,AH,R OROMAH Or OM IHE9f. PWIS I omen . IT'S THE DUCTS) COIIsf15 50� OP CA. TOIIN I$ T D" 5,5 RIs THE DUCTS %'ISEI1IS.l TO I:IXM. CAs1.11PS 0P IMLRFgts0R0`.II ss1011910iM19PWl. NL D:IITUD0t19 IMISt.Vf51P LCC%TLY rtlCU11CIISCWIs1FLCR011. ALL WIIP IG59HPLL IJ1CHM CN. AfCHGR , 410 C1IP BVI10111 L.PWI.IDP:G. I.ILCHP111CN. fiLCIGCM. MID G:LRGT 00Cs. DIVISION NECESSARY FOR AND INCIDENTAL NIT COMPLETING ELECTRICAL WOI FINAL ACCEPTANCE 3. TESTING AND ADJUSTMENT: UPON COMPLETION OF ALL ELECTRICAL WORK, ELECTRICAL CONTRACTOR: SHALL ADJUST AND TEST ALL CIRCUITS, OUTLETS. SWITCHES, LIGHTS. MOTORS AND ANY OTHER ELECTRICAL ITEMS TO INSURE PERFECT OPERATION OF ALL ELECTRICAL EQUIPMENT. ITEMS, FIXTURES AND PARTS IN NEED OF CORRECTION AND DISCOVERED DURING SUCH TESTING SHALL BE IMMEDIATELY REPAIRED OR REPLACED WITH ALL NEW EQUIPMENT AND THAT PART OF THE SYSTEM SHALL THEN BE RETESTED. ALI. SUCH REPLACEMENTS OR REPAIRS SHALL BE DONE AT NO ADDITIONAL COST TO THE OWNER. 4. SITE INSPECTION, THE CONTRACTOR SHALL CAREFULLY EXAMINE THE SITE AND EXISTING BUILDINGS, SHALL DRAWINGS HATH THE EXISTING ELECTRICAL S, AND SHALL THOROUGHLY FAMILIARIZE ALL EXISTING CONDITIONS WTHIN THE SCOPE BY THE ACT OF SUBMITTING A BID. THE WILL BE DEEMED TO HAVE MADE SUCH AND TO HAVE ACCEPTED SUCH CONDITIONS, MAGE ALLOWANCE THEREOF IN PREPARING HIS 6. LOCATIONS AND ACCESSIBILITY: CONTRACTOR SHALL FULLY INFORM HIMSELF REGARDING PECULIARITIES AND LIMITATIONS OF THE SPACES INSTALLED UNDER THIS DIVISION. DRAWINGS INDICATE DESIRED LOCATION AND ARRANGEMENT OF PIPING, EQUIPMENT, AND OTHER ITEMS, AND ARE TO BE FOLLOWED AS CLOSELY AS POSSIBLE. WORK SPECIFIED AND NOT CLEARLY DEFINED BY DRAWINGS SHALL BE INSTALLED AND ARRANGED IN A MANNER SATISFACTORY TO. ARCHITECT. THEY SHALL EE MADE BY CONTRACTOR WITHOUT ADDITIONAL CHARGES, PROVIDED THE CHANGE IS ORDERED BEFORE WORK IS INSTALLED AND NO EXTRA MATERIAL 15 REQUIRED; 0. CLEANUP: AFTER COMPLETION OF WORK UNDER THIS SECTION. CLEAN UP ALL RESULTANT DEBRIS FROM THIS WORK AND REMOVE FROM THE SITE. 7. MATERIALS: ALL ELECTRICAL MATERIALS SHALL BEAR THE UNDERWRITERS (OR EQUIVALENT TESTING AGENCY) LABEL. B. CUTTING AND PATCHING: THE CONTRACTOR SHALL 00 ALL CUTTING AND PATCHING OF THE EXISTING CONSTRUCTION WORK WHICH MAY BE REQUIRED FOR THE PROPER INSTALLATION OF THE ELECTRICAL WORK, ALL PATCHING SHALL BE OF THE SAME MATERIALS, WORKMANSHIP AND FINISH AS. AND SHALL ACCURATELY MATCH ALL SURROUNDING WORK. B. DRAWINGS AND SPECIFICATIONS: ELECTRICAL DRAWINGS ARE DIAGRAMMATIC IN SOME RESPECTS. SIZES AND LOCATION OF EQUIPMENT AND HARING ARE SHOWN TO SCALE WHERE POSSIBLE, BUT MAY BE DISTORTED FOR CI:ARITY ON THE DRAWINGS. FINAL LOCATIONS OF OUTLETS AND EQUIPMENT SHALL BE AS SHOWN IN ENLARGED DETAILS OR AS APPROVED BY THE LIGHTING CONSULTANT. IT ISNOT WITHIN THE SCOPE OF DRAWINGS TO SHOW ALL NECESSARY BENDS, OFFSETS, PILLBOXES. AND OBSTRUCTION. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO INSTALL HIS WORK TO CONFORM TO THE STRUCTURE, PRESERVE HEADROOM AND KEEP OPENINGS AND PASSAGEWAYS CLEAR. 10. WIRING AND CONNECTIONS OF EQUIPMENT BY OTHERS: FURNISH AND INSTALL WIRING FOR POWER REQUIREMENT AS SHOWN ON DRAWINGS. COORDINATE WITH OTHER TRADES ON DETAILS OF INSTALLATION. THE TERM '"MRING-AS USED THEREIN, INCLUDES FURNISHING AND INSTALLING CONDUIT, WIRE. JUNCTION BOXES, DISCONNECTS, AND MAKING CONNECTIONS. CHECK LIGHTING CONSULTANTAND SPECIFICATIONS FOR EQUIPMENT TO BE INSTALLED BY OTHERS, ELECTRICAL DRAWINGS INDICATE IN GENERAL THE INTENTAND SCOPE OF SYSTEMS. BE RESPONSIBLE FOR PROPER WRING AND NECESSARY ELECTRICAL ADJUSTMENTS TO EQUIPMENT TO CONFORM TO SPECIFIED REQUIREMENTS OF THE EQUIPMENT. 11. SHOP DRAWINGS: WITHIN FOURTEEN H,I) DAYS AFTER RECEIPT OF CONTRACT, SUBMIT TO ARCHITECT SEVEN (7) COMPLETE SETS OF DRAWINGS FOR ALL ELECTRICAL EQUIPMENT AND DEVICES. DO NOT DELIVER THESE ITEMS TO THE JOB SITE UNTIL SHOP DRAWINGS HAVE BEEN REVIEWED BY ARCHITECT AND ELECTRICAL ENGINEER. 12 OUTLET BOXES! OUTLET BOXES SHALL BE ONE PIECE PRESS STEEL BOX. "4S- MINIMUM SIZE OR LARGER AS REQUIRED PER CODE. 13. VIRE AND CABLE: ALL CONDUCTORS SHALL BE DELIVERED TO THE SITE IN THEIR ORIGINAL UNBROKEN PACKAGES, PLAINLY MARKED OR TAGGED AS FOLLOWS: UNDERWRITE$ ASELS SIZE. TYR. AND INSULATION OF WIRE NAME OF THE MANUFACTURING COMPANY AND THE TRADE NAME CF THE W RE MONTH AND YEAR WHEN MANUFACTURED, WHICH DATE SHALL NOT EXCEED TWO (2) YEARS PRIOR TO THE DATE OF DELIVERY TO THE SITE. 14. CONDUCTORS FOR SIZES 914 THRU HO SHALL BE SOLID SOFT DRAWN COPPER, 000 VOLT, TYPE -RV- COPPER INSULATION EXCEPT AS HEREINAFTER SPECIFIED. 15. CONDUCTORS FOR SIZES IS AND LARGER SHALL BE STRANDED COPPER WITH 600 VOLT. TYPE'THW' COPPER INSULATION.. GEl"ERAL NOTES 1. ALL WORK SI IALL COMPLY WITI I AL1. CURRENT CODES, (2010 COC. CMC, CPC, 201D DEC, AND 2008 TITLE 24 CALIFORNIA ENERGY EFFICIENCY STANDARDS.) 2..4-D" INDICATES MOUNTING HEIGHTS FROM FINISHED FLOOR TO CENTER OF EQUIPMENT OR OUTLET. 3. REFER TO THE REFLECTED CEILING PIAN FOR THE EXACT TYPE ;.ND LOCATION OF LIGHT FIXTURES, 4. REFER TO THE POWER AND TELEPHONE PLAN FOR THE EXACT LOCATION AND MOUNTING HEIGHTS AND TYPES OF ALL OUTLETS (RECEPTACLES, TELEPHONES. CATS. CLOCKS, ETC,). G. ALL ELECTRICAL WORK, ITEMS, DEVICES, ETC. SHALL CONFORM TO THE REQUIREMENTS OF THE BASE BUILDING SPECIFICATIONS. S. ALL OUTLETS SI PILL BE INSTALLED AT THE HEIGHTS INDICATES ON THE SYMBOL LIST UNLESS OTHERWISE NOTED ON THE DRAWINGS. 7. EVEPY OUTLET HEIGHT SHALL BE VERIFIED ON EACH WALL WITH THE ARCHITECT OR INTERIOR DESIGNER TO ENSURE THE PROPER HEIGHT AND LOCATIUN WITH RESPECT TO CABINET, EQUIPMENT, ETC. 0. ALL WORN/MATERIALS SHOWN ON PLANS SHALL BE NEW UNLESS OTHERWISE INDICATED. 9. BEFORE STARTING ANY MAX. AIS ELECTRICAL CONTRACTOR SHALL EXAMINE THE COMPLETE SET OF DRAWINGS FOR ALL TRADES, INCLUDING ARCHITECTURAL, HVAC AND PLUMBING. VERIFY ALL DIMENSIONS, SPACE REQUIREMENTS AND POINTS OF CONNECTION TO ALL COUIPMENT. MAKE ANY MINOR ADJUSTMENTS NECESSARY TO AVOID CONFLICT WITH THE B190INGSTRUCTURE AND THE WORK OF OTHER TRADES, 10. ALL ELECTRICAL MATERIALS SHALL BEAR THE UNDERWRITERS (OR EQUIVALENT TESTING AGENCY) LABEL, 11. UPDATE PANEL CARDS INDICATING CIRCUIT'S SPECIFIC FUNCTIONILOCATION, 12. AS -BUILT DRAWINGS SHALL BE MAINTAINED AND REFLECT THE FOLLOWING: A, ANY DEVIATION FROM THE CIRCUIT NUMBERS ON WORKING DRAWING SHALL BE INDICATED ON AS-BUILTS. B. THE ADDITION, DELETION OR RELOCATION OF OUTLETS AS SHOWN ON WORKING DRAWINGS SI-OLL BE INDICATED ON AS GUILTS. 13. ALL CONDUIT OTHER THAN USED FOR ELECTRICAL WIRING SHALL HAVE 412 GALVANIZED PULL WIRE INSTALL BY THE ELECTRICAL CONTRACTOR. 14. ALL EXTERIOR RECEPTACLES SHALL BE WEATHE;IPROOF TYPE & GFCi PROTECTED. GENERAL LIGHTING FIXTURE COMMENTS 1. ALL FIXTURES SHALL BEAR U.L. LABEL. 2. ACRYLIC LENS SHALL BE 10% PURE. VIRGIN, ACRYLIC. 3. ALL LIGHTING FIXTURES SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURES INSTRUCTIONS. 4. RECESSED FIXTURES IN FIRE RATED CEILING SHALL BE APPROVED FOR THE FIRE RATING OF THE CEILING. 6. FIXTURES IN LUMINOUS CEILING OF CEILING CAVITIES OR SOFFITES SHALL BE APPROVED FOR TYPE OF INSTALLATION. 6. VERIFY LETTER SRE AND COLOR OF INTERNALLY ILLUMINATED EXIT SIGNS WITH LOCAL AUTHORITIES PRIOR TO SUBMITTAL OF SHOP DRAWINGS. 7. AL1 RECESSED INCANDESCENT FIXTURES INSTALLED IN INSULATED CEILINGS SHALL BE LISTED FOR THE USE. B. PROVIDE FLUORESCENT LIGHT IN KITCHEN AND BATHROOM AT LEAST 40 LUMENS PER WATT AS PER TITLE 24 MANDATORY MEASURES. EMERGENCY WI8ATTER S SELF LL SYME Q -INC Q - INC ®- INC CEILING/LIGHTIN( SCALE 1/4" = 1 SYMBOLS/ABBREVIATION -,G 9 TRACT LIGHTS (GO walls) (NEL EMEAGENCY EXIT LIGHTS Oeeignm By: P Ullae SUBMITTED BY: DESIGN BY: JOB SITE: 2233 W. BALBOA BLVD. TENANT/CONTRACTING PARTY: D- By: RANI ALBAKRI P. Wb. RANI AL13AKPJ SUITE I T NEWPORT BEACH, CA. 92GG3 310.910.2772 Jon uoi 0514-15 PEDRO ULLOA Da=I 05.20.2015 5.1HH AS 5hown TENANT IMPROVEMENT Casa De,516jn5 CHOCO FRUIT and Home Services P.O.Box 3427 Vctorville, CA. 92393 ph: 760-41 2-081 2 l' GIOR. I. EXISTING PLUMBING DEVICES ARE SHOWN IN DASH LINES AND PROPOSED PLUMBING DEVICES ARE SHOWN IN SOLIDS. 2. AS PER BUILDING PLANS FOR ORIGINAL BUILDING. OM TO BE CAST IRON PIPING. 3. AS PER BUILDING PLANS FOR ORIGINAL BUILDING, HOTICOLD SUPPLY WATER TO BE COPPER TYPE %- PIPING. 4. EXISTING BATHROOMS QUALITY, WORKMANSHIP, SIZE, LAYOUT, FINISH, PLUMBING FIXTURE LOCATIONS, HEIGHTS AND MODELS. ELECTRICAL FIXTURE LOCATIONS, HEIGHTS AND MODELS, MIRROR, EXHAUST FAN LOCATION. MODEL AND DUCTING, PAPER DISPENSERS, GRAB BARS. DOOR SIZE AND QUALITY, SIGNAGE, AND HANDICAPPED ACCESSIBILITY. EXCEPTION: PROPOSED WATER HEATER CAPACITY SHALL BE INCREASED COMPARED TO ORIGINAL BATHROOM AS SPECIFIED IN PLUMING SHEET. SYMBOLS/ABBREVIATIONS CO - CLEANOUT FD -FLOOR DRAIN FS -FLOOR SINK WC - WATER CLOSET LAV -LAVATORY AAAA -.:..::5 TO IISE% ro BE eornlenr eloneeo NO. I DATE REV15ION BY CHKRVDAPPR rno ve9:en ulv uL neaFarnc LrzaA Assoanrev ro mis v[s:ans me r6oreercar vsa o�ay.L um Is nneemry 5 oFRrtu9£orRllsreo.un VXXXICH.l. oK n5 Dr11O 'oi1nmi9 eslArr1.w5 m111W1 I'll E 9rQI(.51ST [albvugm Is IROUOIRD 1.5Irecu1111Q, W.IfldlVio Imrc u9,laa1.,0r 11110119 elIMID, lUCro TanrR:cn:I COGIFoP . ALSnanL99nl3L COUr1e+CURR[r MINIrk WI.R.,wll.rnlwcu. cxu.MnP 1111L. CU0e9. PLUMBING FIXTURE SCHEDULE PLUMBING SPECIFICATIONS I. SCOPE! THE WORK OF THIS SECTION INCLUDES EVERYTHING NECESSARY FOR AND INCIDENTAL TO WATER CLOSET (HANDICAPPER) EXECUTING AND COMPLETING PLUMBING WORK. EXCEPT AS OR eERWISE HEREINAFTER SPECIFICALLY NS'ELOERLYNEW CADET'AQUAMETER COMBINATION' 2168.128. EXCLUDED. 18" HIGH ELONGATEQ9W2109 BOWL., 4000.025 TANK. 2. GUARANTEE: CONTRACTOR SHALL PROVIDE: TO THE OWNER A WRITTEN GUARANTEE AGAINST FLUSHES ON IAB GALLONS, 26011CAPS, WHITE VITREOUS CEIINA, DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE(1)YEAR. UPON FINAL ACCEPTANCE OF PROJECT ACCESSORIES IIY OWNER. 3. TESTING AND ADJUSTMENT: UPON COMPLETION OF ALL PLUMBING WORK, PLUMBING CONTRACTOR 1) 3042:109 BOWL. SHALL ADJUST AND TEST ALL VALVES, PLUMBING FIXTURES AND OTHER PLUMBING ITEMS TO INSURE 2) 40(6025 TANK, DIMENSIONS 02"x20 -18'X30-18' PERFECT OPERATION OF ALI. PLUMBING EQUIPMENT. DEVICES, FIXTURES AND PARTS IN NEED OF 3)SEAT SHOWN 095, OPEN FRONT SEAT LESS COVER CORRECTION AND DISCOVERED DURING SUCII TESTING SHALT. BE IMMEDIATELY REPAIRER OR .OLSONITE R EPLACEDNTH AL1. NEW EQUIPMENT AND THAT PART OF THE SYSTEM SHALL THEN BE RETESTED, ALL SUCH REPLACEMENTS OR REPAIRS SHALL BEDONE AT NO ADDITIONAL. COST TO THE OWNER. LAVATORY 4. SITE INSPECTION' THE CONTRACTOR SHALL CAREFULLY EXAMINE THE SITE AND EXISTING NS WHEELCHAIR 9141.011 WHITE VITREOUS CHINA. FRONT BUILDINGS, SHALL COMPARE THE DRAWINGS WITH THE EXISTING PLUMBING INSTALLATIONS, AND SHALL THOROUGHLY FAMILIARIZE HIMSELF WITH ALL EXISTING CONDITIONS MINIM THE SCOPE OF THIS WORK, OVERFLOW, CONCEALED ARM SUPPORT. 05GPM. FITTINGS: BY THE ACT OF SUBMITTING A BID, ME CONTRACTOR WILL BE DEEMED TO HAVE MADE SUCH NS-RCLIANT' 2305.139 WIPOP UP DRAIN EXAMINATION AND TO HAVE ACCEPTED SUCH CONDITIONS, AND TO HAVE MADE ALLOWANCE THEREOF IN PREPARING HIS FIGURE. S. LOCATIONS AND ACCESSIBILITY: CONTRACTOR SHALL FULLY INFORM HIMSELF REGARDING GAS I ELECTRIC WATER HEATER PECULIARITIES AND LIMITATIONS OF THE SPACES INSTALLED UNDER THIS DIVISION. DRAWINGS 1 -MAIN UNIT -77,00 BTU OR 9.4 M. INDICATE DESIRED LOCATION AND ARRANGEMENT OF PIPING, FIXTURES, EQUIPMENT, AND OTHER ITEMS. AND ARE TO BE FOLLOWED AS CLOSELY AS POSSIBLE. WORK SPECIFIED AND NOT CLEARLY DEFINED BY DRAWINGS SHALL BE INSTALLED AND ARRANGED IN A MANNER SATISFACTORY TO SINK ARCHITECT. THEY SHALL BE MADE BY CONTRACTOR WITHOUT ADDITIONAL CHARGESPROVIDEDTHE STAINLESS STEEL. SINGLE BOWL, SPEC PER TENANT CHANGE IS ORDERED BEFORE WORK IS INSTALLED AND NO EXTRA MATERIAL IS REQUIRED, 6. CLEANUP: AFTER COMPLETION OF WORK UNDER THIS SECTION, CLEAN UP ALL RESULTANT DEBRIS FROM THIS WORK AND REMOVE FROM THE SITE.. 7. PERMIT AND FEES: SECURE AND PAY FOR ALL PERMITS AND FEES NECESSARY FOR EXECUTION AND COMPLETION OF PLUMBING WORK. 0. CUTTING AND PATCHING: THE CONTRACTOR SHALL DO ALL CUTTMG AND PATCHING OF THE EXISTING CONSTRUCTION WORK MICH MAY BE REQUIRED FOR THE PROPER INSTALLATION OF THE PLUMBING WORK ALL PATCHING SHALL BE OF THE SAME MATERIALS, WORMANSHIP AND FINISH AS, AND SMALL ACCURATELY MATCH ALL SURROUNDING WORK. 9. DRAWINGS AND SPECIFICATIONS: PLUMBING DRAWINGS ARE DIAGRAMMATIC IN SOME RESPECTS. SIZES AND LOCATION OF EQUIPMENT AND PIPING ARE SHOWN TO SCALE WHERE POSSIBLE, BUT MAY BE DISTORTED FOR CLARITY ON THE DRAWINGS. FINAL LOCATIONS OF PIPING AND EQUIPMENT SHALL BE AS SHOWN IN ENLARGED DETAILS OR AS APPROVED BY THE ARCHITECT. IT IS NOT WITHIN THE SCOPE OF DRAWINGS TO SHOW ALL NECESSARY BENDS, OFFSETS, AND OBSTRUCTION. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO INSTALL HIS WORK TO CONFORM TO THE STRUCTURE. PRESERVE HEADROOM AND KEEP OPENINGS AND PASSAGEWAYS' CLEAR. 10. SHOP DRAWINGS: WITHIN FOURTEEN (14) DAYS AFTER RECEIPT OF CONTRACT, SUBMIT TO ARCHITECT SEVEN Q) COMPLETE SETS OF DRAWINGS FOR ALL PLUMBING EQUIPMENT AND DEVICES. DO NOT DELIVER THESE ITEMS TO THE JOB SITE UNTIL SHOP DRAWINGS HAVE BEEN REVIEWED BY ARCHITECT AND PLUMBING ENGINEER. EEN£rILIIIIE WASTE & VENT ISOMETRIC NTS PLUMBING PLAN SCALE 1/4" = 1 SYMBOLS/ABBREVIATIONS - INDICATES EXISTING WALL Q - INDICATES NEW B FT WAL L INDICATES NEW HIP WALL GENERALNOTES 1. ALL WORWMAT991ALS BOOM ON PLANS SHALL BE NEW UNLESS OTHERN 2. UNLESS INSTRUCTED OTHERWISE. THE PLUMBING CONTRACTOR SHALL PERMITS; LICENSES, AND FEES REQUIRED FOR INSTALLATION OF THE PLUMB CERTIFICATE OF INSPECTION OR WRITTEN EVIDENCE OF ACCEPTANCE BY IN FOR ALL WORK INSTALLED. 3. BEFORE STARTING ANY WORK. THE PLUMBING CONTRACTOR SHALL EXAM DRAWINGS FOR ALL TRADES, INCLUDING ARCHITECTURAL, ELECTRICAL AND DIMENSIONS. SPACE REQUIREMENTS AND POINTS OF CONNECTION TO ALL E MINOR ADJUSTMENTS NECESSARY TO AVOID CONFLICT WTI I IIIc BUILDING! OF OR IF.R TRADES. 4. AS -BUILT DRAWINGS SHALL BE MAINTAINED AND REFLECT ANY ADDITION, OF PLUMBING PIPES. PLUMBING FIXTURES AND SIMILAR ITEMS AS SHOWN O9. SHALL BE INDICATED ON AS BUILTS. 5, COORDINATE PLUMBING WORK AND PIPING SYSTEM SHUTDOWNS WITH TI OWNER OF PLANNED SHUTDOWNS A MINIMUM OF TWO DAYS PRIOR TO COMI INCLUDING INFORMATION ON TYPE OF SERVICE, PLANNED TIME AND ANTICIP. 6. CONTRACTOR SHALL COORDINATE INSTALLATION OF PLUMBING WORK W' AS TO AVOID UNNECESSARY DELAY OR INTERFERENCES. 7. SOIL AND WASTE PIPE SHALL SLOPE AT 2% MINIMUM UNLESS OTHERWISE 0. CONTRACTOR SHALL FURNISH AND INSTALL ALL BACKFLOW PROTECTION:. AGENCIES HAVING JURISDICTION. 0. ALL REQUIRED CLEANOUTS SHALL BE INSTALLED AS PER CPC 2010. 10. ALL WORK SHALL COMPLY WITH CPC 2010. 11. EXTREME CARE SHALL BE EXERCISED TO INSURE PROTECTION OF EXIST[ THE PREMISES FROM DAMAGE. ALL DISCONNECTED PIPING SHALL BE SUITAI PROTECTED UNTIL NEW CONNECTIONS ARE MADE. THE CONTRACTOR SHALT RESPONSIBILITY FOR ANY AND ALL DAMAGE RESULTING FROM HIS MODIFICA CONTRACTOR SHALL EXERCISE CARE TO PREVENT THE GENERATION OF UNI THE WORK AND SHALL KEEP NOISE LEVELS TO THE MINIMUM POSSIBLE. 12. DEMOLITION AND WORK IN EXISTING AREAS: REMOVE OR RELOCATE EXT: MATERIALS AS REQUIRED. HOWEVER, PHASE WORK SO THAT SERVICES WILI OCCUPIED AREAS. 00 WORK IN A MANNER WHICH WILL NOT CAUSE UNNECE DANGER TO THE OCCUPANTS OF THE BUILDING, NOR INTERFERE WITH THE C ACTIVITIES: MAKE ALL NECESSARY ALTERATIONS AND ADDITIONS TO CONNE NEW WORK SO THAT WHEN THE WORK IS COMPLETE, IT WILL BE IN SATISPAC CONDITION. 13. INDNIDUAL SHUTOFF VALVES SHALL BE PROVIDED AT EACH FIXTURE FOI 14. INSULATE HOT WATER RUN,DUTS TO LAVATORIES SPECIFICALLY UNDER I. PIPING. SPACE UNDER LAVATORIES SHALL BE FREE OF SHARP OBJECTS TO I HANDICAPPED. 15. EACH HOT WATER HEATER SHALL HAVE A SHUTFOFF VALVE AND FLEXIBLE BOTH INLET AND OUTLET CONNECTIONS. 16. SEAL ALL OPENINGS AROUND PIPES PENETRATING THE FIRE RATED WALL RETARDING MATERIALS. PROVIDE ADDITIONAL METAL PIPE WHEN ABS PHlN( 17. PROVIDE ACCESS PANEL (MINIMUM IT X 1T) OR UTILITY SPACE FOR ALL I VALVES, EQUIPMENT, SLIP JOINT CONNECTIONS AND AS REQUIRED BY CODE MAINTENANCE. 18. PLUMBING FIXTURES SMALL BE AMERICAN STANDARD, KOLHER, OR EOUA 19. CONNECTIONS BETWEEN TWO DISSIMILAR METAL PIPES SHALL BE MADE r 20. EQUIPMENT BY OTHERS: FOR ROUGH -INS AND FINAL CONNECTIONS TO EI OTHERS, ASCERTAIN EXACT SIZES, SERVICES AND LOCATIONS BEFORE STAF ACCURACY OF WORK SHOWN ON ME DRAWINGS BEFORE STARTING WORK. RESPONSIBLE FOR PROVIDING PROPER INSTALLATION. 21. PROVIDE INSULATION AT ALL HANGERS. 22. CONTRACTOR TO PROVIDE COMPLETE SEISMIC ANCHORAGE AND BRACTS REQUIRED PIPING. 23. LAVATORY FIXTURES AND ACCESSORIES SHALL BE LOCATED WITH AT LEI HAVING ALL OPERABLE PARTS WITHIN 40 INCHES OF THE FLOOR (TITLE 24, $I 24. LAVATORIES SHALL BE MOUNTED WITH A CLEARANCE OF AT LEAST 29 INC THE BOTTOM OF THE APRON WITH KNEE CLEARANCE UNDER THE FRONT LIP 30 INCHES IN WIDTH WITH O'INCHES MINIMUM DEPTH AT THE TOP. TOE CLEAT WIDTH AND SHALL BE A MINIMUM OF 91NCHES HIGH FROM ME FLOOR AND A DEEP FROM THE FRONT OF THE LAVATORY. 25. HOT WATER AND DRAIN PIPES UNDER LAVATORIES SHALL BE INSULATED THERE SHALL BE NO SHARP OR ABRASIVE SURFACES UNDER LAVATORIES. 20. LAVATORY FACET CONTROLS AND OPERATING MECHANISM SHALL BE ON AND SHALL NOT REQUIRE TIGHT GRASPING, PINCHING OR TWISTING OF THE REQUIRED TO ACTIVATE CONTROLS SHALL BE NO GREATER THAN 5 LBF. LEN AND ELECTRONICALLY CONTROLLED MECHANISMS ARE EXAMPLES OF ACCEI SELF-CLOSING VALVES ARE ALLOWED IF THE FACET REMAINS OPEN FOR AT I 27. THE HEIGHT OF ACCESSIBLE WATER CLOSET SHALL BE A MINIMUM OF 171 19 INCHES MEASURED TO THE TOP OF THE TOILET SEAL. CONTROLS SHALL L HAND, AND SHALL NOT REQUIRE TIGHT GRASPING, PINCHING, OR TWISTING C FOR THE FLUSH VALVES SHALL BE MOUNTED ON THE WIDE SIDE OF TOILET A INCHES ABOVE THE FLOOR. THE FORCE REQUIRED TO ACTIVATE CONTROLS THAN 5 LBF. B. yAAMUsX .ER ..ER WATER SUPPLY ISOMETRIC Cae:g.m q^ P U110A SUBMITTED BY: RANI ALBAXR1 DESIGN BY: JOB SITE: 2233 W. BALBOA BLVD. SUIT[ I O NEWPORT BEACH, CA. 92GG3 TENANT/CONTRACTING PARTY: Drawn q: P. U1W RANI 918.271 310.910.2772 J°o uP: 05 w -I5 PEDRO ULLOA Dam: 05.20.2.015 Smle: Ali 5b ,I TENANT IMPROVEMENT CHOCO FRUIT FAC. A c a5a ve51gn5 and Home 5erv1ce5 P.0.15ox 3427 Vlctorvil e, CA. 92393 ph: 760-41 2-081 2 email: ca5aulloa@clmall.com Dear Chelsea Crager Zoning Administrator - January 25, 2018 ITEM NO. 6a -ADDITIONAL MATERIALS RECEIVED Chocolate Bash Minor Use Permit �O01VE0 Qy (PA2017-194) COMMUNRY DEV Et-OPMEN'r JAN 2 5 Mt Thanks very much for meeting with the group of us,tenants and neighbors CRY OF C, 4FWPORT IagP from the Newport Center located at 2233 W Balboa Blvd, We came in because we were concerned about the public notice that was posted on one of the tenants doors located in our center, Chocolate Bash, to our dismay the posting was taken down the very same day and never re posted. Our concerns at the meeting were that the city has not done enough due diligence in approving or denying this variance. Our concerns are still the same,and we would like them put into the public record for this hearing. As you indicated during our meeting this was a proper avenue to voice our opinions anonymously and so we have chosen this method. Our concerns are: 1) Automobile traffic entering the wrong way on 23rd street. 2) Parking on the side walk 3) To many cars in the lot for safety. 4) Crowds in front of other businesses setting off motion detectors and false alarms. There is a huge difference in the winter crowd vs the summer crowd. Thank you for your time Group of concerned tenants and neighbors. Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Received Chocolate Bash Minor Use Permit (PA2017-194) To: Zoning Administrator Meeting - 01/25/2018 Subject: Item 6b - Additional Materials Received - Attachments: Ace Opposition Letter.pdf; Planning Permit Application - MUP Letter.pdf; Secuirty Report - MUP Letter-2.pdf; Social Media Report - MUP Letter.pcf; Use Perm itMinoranclCondition.pdf From: Norah Jaffan fmailto:norah@pacificplanninggroup.com) Sent: Thursday, January 25, 2018 2:33 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Cc: Karen Martin<karen@pacificplanninggroup.com>; Marvin Lotz <mlotz@acemalibu.com> Subject: Request for Denial of Chocolate Bash Minor Use Permit Amendment (PA2017-194) Hello Chelsea, Please see the attached letter on behalf of the property owner of 2233 Balboa Blvd. This is in regards to the Minor Use Permit Amendment (PA2017-194) being heard by the Zoning Administrator this afternoon. Please confirm receipt and let me know if you have any questions. Thank you Regards, Pacific Planning Group, Inc.: Norah Jaffan pacificiolanninclproup.com I norah(a)pacificplanninggroup.com 866.752.6266 (toll-free) 1415.367.4286 ext. 109 668 N. Coast Hwy #401, Laguna Beach, CA 92651 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit PA2017-194) PACIFIC PLANNING GROUP INC. January 25, 2018 Zoning Administrator City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Request for Denial of Chocolate Bash Minor Use Permit Amendment (PA2017-194) Minor Use Permit No. UP2017-027 American Commercial Equities Three, LLC is the owner of the property at 2233 W Balboa Blvd, in which Chocolate Bash is a tenant. This letter submitted on their behalf requests that the City deny the Minor Use Permit Amendment to allow Chocolate Bash to extend its hours of operation to 7 am - 2 am daily. An approval of this MUP amendment is not consistent with the City's General Plan and or Zoning Code Regulations. The existing MUP should remain valid. COMMENTS ON STAFF REPORT The staff report for the Zoning Administrator hearing scheduled on January 25, 2018 correctly notes the following points: 1) The Minor Use Permit Amendment is being processed without the consent of the property owner. The City application requires property owner consent, and although the property owner recognizes the City's responsibility to process applications, allowing the processing of applications without property owner's consent creates a questionable precedent. It is recognized that a leaseholder has certain rights per the terms of their lease, but when a City allows a leaseholder to request changes to use permits that run with the land, such as a minor use permit, the City is taking an action that results in a taking of private property --and in this case, infringes on the rights of other tenants on the same property. 2) Chocolate Bash has demonstrated a pattern of noncompliance with the terms of Minor Use Permit No. UP2017-027 and, consequently, with the lease agreement. It is not reasonable for the City to process and approve a MUP amendment for late-night operations, where the actions of the tenant are such that a revocation of the MUP may be warranted. "The 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 the property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance." 1 of 6 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit PA2017-194) PACIFIC IV PLANNING GROUP INC. Below, we demonstrate that the City cannot make the necessary findings forth is MUP amendment. 1. The use is consistent with the General Plan and any applicable specific plan; The proposed request to extend hours of operation is not consistent with the General Plan. Goal LU 1 of the Land Use Element identifies Newport Beach as "a unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community." (Emphasis added.) This goal makes it clear that while the need for a balanced community is important, Newport Beach is primarily residential. The proposed request to allow the use to operate past 11 pm infringes on the rights of nearby residents to quiet enjoyment of their properties. Furthermore, Policy LU 2.6 (Visitor Serving Uses) states: "Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents." (Emphasis added.) Chocolate Bash can be considered a visitor serving use, and allowing it to operate during late night hours will not protect the neighborhood or the residents --which is clear given the concerns of surrounding residents outlined below in #3. The staff report for the original MUP states that conditions including hours of operation and limited seating were placed on the use "to ensure potential conflicts with the surrounding land uses are minimized to the greatest extent possible". Documented noncompliance with these MUP conditions show that this use has not been integrating into the neighborhood, and the neighborhood and residents have not been protected. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and Municipal Code; As noted in the staff report, the site is currently non -conforming in terms of parking. Only six parking spaces are provided on-site, while a total of 42 spaces are required based on the retail ratio of one space per 250 sq ft. Pursuant to Municipal Code Section 20.38.060, a nonconforming use in a nonresidential zoning district may be changed without providing additional parking provided no intensification is proposed. Allowing the use to stay open during late night hours would intensify the use, by increasing the amount of traffic being generated to the property during late night hours. Furthermore, this will intensify the need for parking. This is easily demonstrated since the business has already been operating until 1 am or 2of6 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit PA2017-194) PACIFIC IV PLANNING GROUP INC. later. For instance, a security report from September 2017 shows 8 cars in the parking lot (more than the available six spaces) and 3 additional cars on the sidewalk at midnight. (9-22-17 Security Report) Therefore, without the addition of parking spaces or a variance relief, the proposed request for extended hours does not comply with the parking provisions of the Zoning Code. Furthermore, as mentioned by staff, Chocolate Bash has violated conditions of approval from its current MUP: a) Chocolate Bash makes a practice of staying open beyond its permitted hours. Its social media sites show business hours beyond the permitted hours of operation. The existing use permit allows business hours of 7 a.m. to 11 p.m. daily, but official social media pages for the business show that the business advertises itself as being open until midnight or 1 am. The following hours were displayed for the business online on January 24, 2018 (screenshots are presented in the attachment): o The Facebook page for the business shows hours of 4 pm - 1 am Friday/Saturday and 4 pm - 12 am all other days. o The Foursquare page for the business shows hours of 5 pm - 12 am Mon-Thurs, 4 pm - 1 am Friday, 2 pm - 1 am Saturday, 2 pm — 12 am Sunday. o The Yelp page for the business shows hours of 4 pm - 12 am Mon-Thurs, 4 pm -lam Friday, 2 pm - 1 am Saturday, 2 pm - 12 am Sunday. o A posting by a Foursquare user states: "They close at lam and on the weekends at 3 am, very suitable for late night munchies" with a response from the owner: "We'll always be here for those late night munchies!" According to Foursquare, this exchange was posted 2 months ago. o No hours are posted on the Chocolate Bash business website. b) The business has provided outdoor seating on several occasions when the MUP specifies limited seating (maximum six seats) inside the space and does not permit outdoor seating. A request to extend hours is an intensification of use that results in impacts that are materially injurious to the property and detrimental to public health. This tenant has already received code enforcement violations that constitute as a public nuisance. 3. The design, location, size and operating characteristics of the use are compatible with the allowed uses in the vicinity; The proposed request to extend operating hours is not compatible with the allowed uses in the vicinity. The staff report notes one of the uses in the vicinity is Mutt Lynch, a bar with late operating hours. While it is true that this bar is nearby, it is at the end of the street, its entrance is oriented toward the 3of6 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit PA2017-194) PACIFIC IV PLANNING GROUP INC. beach, and it does not have a parking lot in which patrons can linger. In contrast, Chocolate Bash has residential units with bedrooms on three sides, surrounding the entrance and parking lot where patrons often linger. Businesses in this part of the street are quiet in nature, as appropriate for this location tucked behind Balboa Blvd. Neighbors are currently adversely affected by the following conditions observed by security officers and tenants, and the request to allow late night operations will exacerbate these conditions further: • Improper vehicle parking - Chocolate Bash attracts a large number of patrons who park on and around the site --sometimes on sidewalks, as noted in the September 22, 2017 report of a security officer hired by the property owner (see attachment). These cars have also blocked the garages of nearby residents. Improper vehicle parking has been observed as being a hazard to fire and emergency access. • Idling cars - Security and tenants have observed customers of Chocolate Bash idling in cars and/or loitering around the parking lot and below the residential units. (September 23, 2017 Report) Residential tenants have complained about loud exhaust noise and commotion. • Smoking in the parking lot - Security and residential tenants have observed customers smoking in parking lots. Residential tenants have bedrooms surrounding the parking lot and this smoke has the potential to jeopardize the health of the residents. • Setting off Alarms - Tenants have complained of alarms being set off because of the close proximity of the Chocolate Bash customers to the window panes of other tenants. • Outdoor seating - Chocolate Bash is limited to a max of six (6) seats inside the tenant space and no outside seating is permitted per the current MUP. On several occasions Chocolate Bash has set up tables and chairs outside for outdoor seating which further results in commotion. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics and the provisions of public and emergency vehicle access and public services utilities; The site is not physically suitable for the proposed extension of operating hours. The site is designed in such a way that residential bedrooms are located on three sides, surrounding the parking lot in which patrons routinely linger. This design causes the nearby residents to be affected by commercial tenant operations. Allowing late night hour operations for this type of use, which leads to loitering by patrons (see 9-22-17 Security Report), will likely create a public nuisance to the residential uses by not allowing proper sleep and quiet enjoyment during times when neighborhoods are typically quiet. Furthermore, customers of Chocolate Bash have demonstrated patterns of vehicle parking that limit emergency vehicle access to the site (See 9-22-17 Security Report). The request to allow late night operations will likely exacerbate this conditions. 4of6 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit PA2017-194) PACIFIC PLANNING GROUP INC. S. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed request to extend operating hours is detrimental to the harmonious and orderly growth of the City, and endangers, jeopardizes, and constitute a hazard to the public convenience, health, interest, safety or general welfare of the surrounding tenants. Chocolate Bash has demonstrated a pattern of noncompliance with the terms of Minor Use Permit No. UP2017-027. These noncompliance patterns are highlighted below and have become a public nuisance for the surrounding tenants. These conditions were placed on Chocolate Bash " to ensure potential conflicts with the surrounding land uses are minimized to the greatest extent possible." Based on the previous Minor Use Permit, "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 the adjacent properties during business hours if directly related to the patrons establishment." Chocolate Bash has been uncooperative with both the property owner and tenants (refer to correspondence between owner and tenant) on concerns that 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, which are mentioned below. It is likely that these concerns will be exacerbated with the request to allow late night operation: • Improper vehicle parking - Chocolate Bash attracts a large number of patrons who park on and around the site --sometimes on sidewalks, as noted in the September 22, 2017 report of a security officer hired by the property owner (see attachment). These cars have also blocked the garages of nearby residents. Improper vehicle parking has been observed as being a hazard to fire and emergency access. • Idling cars - Security and tenants have observed customers of Chocolate Bash idling in cars and/or loitering around the parking lot and below the residential units. (September 23, 2017 Report) Residential tenants have complained about loud exhaust noise and commotion. • Smoking in the parking lot - Security and residential tenants have observed customers smoking in parking lots. Residential tenants have bedrooms surrounding the parking lot and this smoke has the potential to jeopardize the health of the residents. • Setting off Alarms - Tenants have complained of alarms being set off because of the close proximity of the Chocolate Bash customers to the window panes of other tenants. 5of6 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit PA2017-194) PACIFIC IV PLANNING GROUP INC. • Outdoor seating - Chocolate Bash is limited to a max of six (6) seats inside the tenant space and no outside seating is permitted per the current MUP. On several occasions Chocolate Bash has set up tables and chairs outside for outdoor seating which further results in commotion. Thank you for your consideration of our request. Kcwe4-v Mav,Ct w Karen Martin Pacific Planning Group Inc. Attachments: Social media screenshots generated January 24, 2018 Security Report Planning Permit Application Letter Conditional & Minor Use Permit Information CC: Chelsea Crager, Assistant Planner Marvin Lotz 6of6 Zoning Administrator- January 25, 2018 o�@ Community Development Department Planning Permit Application C'9[IFORN�P 1. Check Permits Requested: Item 6b - Additional Materials Recived Chocolate Bash Minor Bfrrl gW017-1,94) 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment ❑ Approval -in -Concept - AIC # ❑ Lot Merger ❑ Staff Approval ❑ Coastal Development Permit ❑ Limited Term Permit - ❑ Tract Map ❑ Waiver for De Minimis Development ❑ Seasonal ❑ < 90 day ❑>90 days ❑ Traffic Study ❑ Coastal Residential Development ❑ Modification Permit ❑ Use Permit -[]Minor [_]Conditional ❑ Condominium Conversion ❑ Off -Site Parking Agreement ❑ Amendment to existing Use Permit ❑ Comprehensive Sign Program ❑ Planned Community Development Plan ❑ Variance ❑ Development Agreement ❑ Planned Development Permit ❑ Amendment -[-]Code ❑PC ❑GP ❑LCP ❑ Development Plan ❑ Site Development Review - ❑ Major ❑ Minor ❑ Other: ❑ Lot Line Adjustment ❑ Parcel Map 2. Parcel No Project Description and Justification (Attach additional sheets if necessary): 4. Applicant/Company Name I Mailing Address I Suite/Unit City State I Zip F Phone Fax 7 1 Email 5. Contact/Company Name Mailing Address I Suite/Unit City State Zip I Phone I Fax Email 6. Owner Name Mailing Address I Suite/Unit City State I Zip F Phone Fax 7 Email 7. Property Owner's Affidavit": (1) (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): Title: I Date: DD/MO/YEAR Signature(s): Title: I Date: I "May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. F\Users\CDD\Shamd\Admin\Planning_Division\Applicaticns\Applicabon_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/2V17 Zoning Administrator - January 25, 2018 of vlt®96 Item Sb - Additional Materials Re CI\ Chocolate Bash Minor Use Permit (PA2017-11 t i i 1 3 I i F i • z 'i i i t z r i 1 a F l Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) i _... ... .. F l r. I O fJeo. f () k 1 013 s ' �i o► � gv l . ll .���' � i Zoning Administrator - January 25, 2018 Item Sb - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) AMRIQUE'ST S E C U R I T Y Daily Activity Report Summary Post: Newport, Balboa Officer: Gonzalez, Jose September 23rd, 2017 10:00-- Security guard Gonzalez, Jose arriving to post. All shows calm, two vehicles on site. 10:30-- All clear on site. Two vehicles parked. 11:00-- All clear on site. One vehicles parked. 11:30--- All clear on site. Three vehicles parked. 00:00--- All clear on site. Three vehicles parked. 00:30--- Four cars on site. Small group of people loittering at the parking area. 01:00--- Parking lot empty. All clear and calm 01:30--- Parking lot empty. All clear and calm 02:00--- Parking lot empty. All clear and calm. Leaving the post now. Attachments: (Starting on next page) 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 9 Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) AMEHLEST S E C U R 1 T Y 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 • Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) AN MQUEST 5 E C U R 1 T Y 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 9 Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) ja AWRQUEST 5 E C U R 1 T Y 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 • Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) AmftL Um, AWKQUEST S E C U R I T Y 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 • Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) AWRIQUEST S E C U R I T Y 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 • Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) AWRQUEST S E C U R 1 T Y 5601 W. Slauson Ave., Suite 200, Culver City, CA 90230 Phone: 310.301.0010 • Fax: 310.301.0032 www.ameriquestsecurity.com • info@ameriquestsecurity.com Zoning Administrator - January 25, 2018 Screenshot of official website for Chocolate Bash Captured January 24, 2018 Item Sb - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) The website does not display hours for the location but provides links to business pages/profiles on social media sites including Facebook, Yelp, and Foursquare lvnoqA gsj HOME MENU LOCATIONS ABOUT US CONTACT 855-606-2274 NEWPORT BEACH 2233 W Balboa Blvd #110, Newport Beach, CA 92663 x4 � 3 :ra. •pmm.Lxs, Wn°4T�re f,vro.e Tp� O asvx ecw. FOLLOW US: 0M,„4'0"09D LOS ANGELES 10897 W Pico Blvd, Los Angeles, CA 90064 0 Qnr,rr. c.� . e u,rx. s W 'GnNae Nfe (y 1 t!e.Cellesburrc QL✓rAnMY I'rNITC 0 © o Who FOLLOW US: 0 Olt Screenshot of official Face book page for Chocolate Bash Captured January 24, 2018 Chocolate Bash �m_ChocolateBashC repene Home About Photos Reviews Keep in Touch Videos Posts Community Zoning Administrator- January 25, 2018 ik Like ti\ Follow Q Recommend ••• 2233 W Balboa Blvd suite 110 Newport Beach, California tuaiaiC hocolate Ba shC repe rie `, Call (855) 606-2274 r1" HOURS Q Closed Now 4:00 PM - 12:00 AM . BUSIF Monday: Tuesday: 4:00 PM - 4:00 PM - 12:00 AM 12.:00 AM B B Nfednesday:4:00 PM -12:00 AM Pr Thursday: 4,00 PM - 12:00 AM F Friday: 4:00 PM - 1:00 AM Saturday: 2:00 PM - 1:00 AM Q C Sunday: 2:00 PM - 12.:00 AM cr Get Directions J Send Message Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) 0 send Message STORY Chocolate Bash is your Newport Beach destination for sweet crepes and waffles with all the genuine flavors that you'd find overseas! When you're craving delicious crepes or waffles. we're simply the place to be. Our menu features sweet options perfect for any craving! Stop in for a tasty dessert to enjoy as you stroll alongside the beach. Looking for a caterer that offers something special? Let Chocolate Bash handle everything with our specialized menu, chocolate fountains, and full setup and cleanup crew. we look forward to serving you soon at Chocolate Bash! Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived 1/24/2018 Chocolate Bash - 199 Photos 8 102 Reviews - Creperies - 2233 W Balboa Blvd, Newport BawbXe i}"Wi fAPv%roi;b 0f WiTrri&4')- ... Find tacos, cheap dinner, Max's ,,is Nightlife Home Services yeIp14: Chocolate Bash o Claimed 13131313 102 reviews D.W. $ • Creperies, Desserts, Waffles O Edit IL \\, A16h I V \/�G�j��'�e$��[�� BALBOA @3'C!� ata -2018 C,,, Map data 2018 Google Q 2233W Balboa Blvd O Edit Ste 110 Newport Beach, CA 92663 Q Get Directions (� (855)606-2274 * Message the business B Send to your Phone Near Newport Beach, CA Write a Review Events Talk Log In Photo of Chocolate Bash - Newport Beach, CA, United States "We ordered pancake minis covered in lotus and nutels, as well as the Belgian chocolate crepe." in 2 reviews ® My friend ordered the waffle and mini pancakes, they were also amazing." in 4 reviews "Best chocolate crepe I've had in Newport, took my friend here and he completely agreed with me." in 6 reviews $6.99 Belgian Chocolate Crepe Ask the Community Yelp users haven't asked any questions yet about Chocolate Bash. Recommended Reviews for Chocolate Bash �0 Your trust is our top concern, so businesses cant pay to alter or remove their reviews. Learn more. x Search within the reviews Sort by Yelp Sort - Language English (102) - Start your review of Chocolate Bash. Katie N. San Jose, CA is 7 mends 38 reviews �. 39 photos © Today 4:00 pm -12:00 am open now T1Full menu $$$$ Price range Under $10 Hours Mon 4:00 pm - 12:00 am Tue 4:00 pm - 12:00 am Wed 4:00 pm - 12:00 am open now Thu 4:00 pm - 12:00 am Fri 4:00 pm - 1:00 am Sat 2:00 pm - 1:00 am Sun 2:00 pm - 12:00 am O Edit business info Menu Chocolate Waffle Stick or Plate ...., $6.99 Lou T. Best place ever for amchocolate lovers I love the waffle stick with louts, very friendly staff... Nutella Crepe ................................... $4.99 Belgian Chocolate Crepe ............... $6.99 View the full menu More business info Takes Reservations Yes Delivery No Take-out Yes Accepts Credit Cards Yes Accepts Apple Pay Yes Good For Dessert hftps://www.yelp.comlbizlchocolate-bash-newport-beach-2 1112 1/24/2018 Tips 8 Photos 474 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash - Creperie in Newport Beghocolate Bash Minor Use Permit (PA2017-194) Chocolate Bash ' Creperie and Cafe $$$$ Newport Pier, Newport Beach I'm looking for... Newport Pier a "LOT. Coffees" (2 Tips)® "their chocolate craving(4 Best order" (3 Tips) See what your friends are saying about Chocolate Bash. By creating an account you are able to follow friends and experts you trust and see the places they've recommended. Sign up with Facebook or V Sign up with email 61 8 Tips and reviews Search tips... FILTER: lively, family -friendly, casual, Belgian chocolate, trendy, (5 more) r] Log in to leave a tip here. Post SORT: RECENT POPULAR V1*KhalidJuly 7, 2017 Been here 10+times They are so so so so nice hftps://foursquare. com/v/chocolate-bash/56b l 54f7498ec6b96beaac96 Save Share Log I Sign UP L Mapbox © OpenStreetMap Oi Chocolate Bash 2233 W Balboa Blvd Newport Beach, CA 92663 United States Get directions Chocolate Bash is your Newport Beach destination for sweet and... (Show more) Closed until 5:00 PM (Show less) Mon—Thu 5:00 PM—Midnight Fri 4:00 PM -1:00 AM Sat 2:00 PM -1:00 AM Sun 2:00 PM—Midnight 0 (855)606-2274 ® chocolatebash.com ChocolateBashCreperie y @chocolate—bash @chocolate—bash 1/4 Zoning Administrator - January 25, 2018 Item 6b - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) Screenshot of exchange on Foursquare between patron and business owner Captured January 24, 2015 Chocolate Bash -. ach. CA 4.3 * * * * � 76 reviews Sort by: Most helpful - Susu, so glad that we were able to fulfill your chocolate cravings! Thank you so much for your support and highest recommendation! We can't wait to keep serving you all the deliciousness. -Rasha, Owner ©Somar Jafari 3 reviews ***** 2 months aao Very unique spot If you have a sweet tooth then chars your spot. I recommended this place to all my friends- They dose at 1 am and on the weekends at 3 am. very suitable for late night munchies®®! f` HelpfuP Response from the owner 2 months aa, Somar so glad that you found us and loved everything] We'll always be here for those late night munchiesl-Rasha, Owner Dianna Summers General Information Zoning Administrator - January 25, 2018 Item Sb - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) Conditional & Minor Use Permit Information Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov A Conditional or Minor Use Permit is required for uses typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. Examples are restaurants, animal hospitals, carwash and car rental facilities, gas stations, nightclubs, and accessory dwelling units. The use tables in Part 2 of the Zoning Code specify whether a use is allowed, prohibited, or requires approval of a use permit. Justifications and Findings Chapter 20.52 of the Zoning Code authorizes the Planning Commission or the Hearing Officer to approve, conditionally approve, or disapprove applications for a Conditional Use Permit; and the Zoning Administrator to approve, conditionally approve, or disapprove applications for a Minor Use Permit. To approve or conditionally approve a use permit, the hearing body must make the following findings provided by Section 20.52.020 F. 1. The use is consistent with the General Plan and any applicable specific plan; 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; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g., fire and medical) access and public services and utilities; and 5. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Please note the following: • For Conditional Use Permits in Residential Zoning Districts, the findings pursuant to Section 20.52.030.H. must also be made. • There is a separate information sheet and application for Residential Care Facilities requiring a Conditional Use Permit. Please speak with a member from the planning department or refer to the application online for more information. Zoning Administrator - January 25, 2018 Item Sb - Additional Materials Recived hnor Uocolate Ba h Minor Use Pgrmit (PA2017-194) Conditional Mise Permit Information Application Requirements 1. A completed Planning Permit Application for a ❑ Minor Use Permit or ❑ Conditional Use Permit (attached). 2. One (1) copy of a Preliminary Title Report not more than six (6) months old from the date the application will be submitted that identifies the legal description of property. 3. Project Description and Justification A written statement describing the proposed project in detail. This document will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application and the required findings pursuant to Section 20.52.020 F, which are noted on the previous page. The pertinent information should include the following information related to the existing and proposed use of the project site: ❑ Lot Area ❑ Building/Lot Coverage (%) ❑ ❑ Lot Width ❑ Building Height (ft) ❑ ❑ Lot Depth ❑ Landscaping (%) ❑ ❑ Setbacks ❑ Paving (%) ❑ ❑ Gross Floor Area (sq. ft.) ❑ Parking ❑ ❑ Floor Area Ratio ❑ Number of Employees ❑ 4. Public Noticing Requirements. Number of Seats Dwelling Units Hours of Operation Use Please refer to the Planning Division's handout on Public Noticing Requirements for more information on the application materials required for a public hearing. 5. Plans ❑ Minor Use Permit Use Permits requiring Zoning Administrator approval shall be submitted with three (3) standard sets and four (4) reduced sets of plans. ❑ Conditional Use Permit Use Permits requiring Planning Commission approval shall be submitted with eight (8) standard sets and one (1) reduced set of plans. Twelve (12) additional sets (size to be determined) of final drawings (after staff review) will be required prior to the Planning Commission Meeting. All plans shall adhere to the following: • Drawn to scale no less than 1/8' = 1' Standard size plans are to measure 24"x36" (with details itemized on 8 t1/z°x 11" sheets, if necessary) and folded no larger than 81/2'x14" when submitted Reduced size plans are to be measured between 8 1/2"x11" to 11"x17" (with details itemized on 8 Yi'x 11" sheets, if necessary) and folded no larger than 8Y2'x 11" when submitted F:\Users\CDD\S hared\Adm in\Planning_D ivisionlApplications\U P\Info.docx Updated 3/11/13 Zoning Administrator - January 25, 2018 Item Sb - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) Conditional & Minor Use Permit Information The Planning Department may require additional material(s) or plans) and may modify or waive individual items if deemed appropriate to support the review of the application. Please consult with a planner to determine which items are applicable. The types of plans required may include the following: ❑ Plot Plan/Site Plan Plot plans or site plans shall be fully dimensioned and show the following information on the subject property. The plot plan shall show these items abutting the property a minimum of 20 feet from the boundaries of the site: • Vicinity map, north arrow, and scale of the plan • Existing and proposed property lines • Required and proposed front, side, and rear -yard setback lines — measured and dimensioned from property lines • Location, name, dimension, and description of all existing and proposed right-of-way lines, dedications, and easements • Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open volume areas • Any structure(s) to be relocated, removed, or demolished • Location, height, and material of existing and proposed walls and fences • Location of all trash enclosures and how they will be accessed • Location, dimension, description, and number of parking spaces/areas • Location, height, size, and materials of existing and proposed signs • Existing and proposed grade elevations and any significant natural features • An information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) ❑ Floor Plans Floor plans shall be fully dimensioned and show the following information: • Overall building and individual room dimensions, including square footage calculations • All proposed interior walls and partitions • Room identification • Window and door locations • For eating and drinking establishments, provide a furniture layout, including the proposed number of tables and chairs, and the net public area calculated and outlined or shaded. ❑ Elevations Elevations shall be fully dimensioned and show the following information: • Exterior wall openings, materials, and finishes • Roof pitches • All roof mounted equipment and screening • Heights above grade of all floors, eaves, and ridges ❑ Landscape and Irrigation Plans Landscape and irrigation plans shall be fully dimensioned and prepared by a California licensed landscape architect, licensed landscape contractor, certified nurserymen, project architect, or other qualified professional as determined by the Planning Department. The plans shall include the following information: F:\Users\CDD\S hared\Adm inlPlanning_D ivisionlApplications\U P\Info.docx Updated 3/11/13 Zoning Administrator - January 25, 2018 Item Sb - Additional Materials Recived Chocolate Bash Minor Use Permit (PA2017-194) Conditional & Minor Use Permit Information • Location of the planning area(s); • Number and types of plants to be used, specifying the common names, botanical names, size at installation, and spacing; • Sprinkler layouts, moisture sensing devices, and controller types. • Please refer to Chapter 20.36 (Landscape Standards) for additional information ❑ Optional Materials • Materials board (specifications and samples of type, color and texture of proposed construction materials) • Color photographs of the subject and adjacent properties • Food and/or beverage menus • Link to website ❑ Dock and/or Bulkhead Projects All dock and/or bulkhead projects shall be fully dimensioned and show the following information on the subject property: • Bulkhead, pierhead and project lines • Property lines extending into the bay • Existing slip and/or bulkhead layout • Proposed slip and/or bulkhead layout • Table describing number of existing and proposed slips/side-ties and corresponding size of vessel associated with each slip /side -tie • Location of piles • Table describing number and size (diameter) or existing and proposed piles • Location of ADA compliant gangway if applicable 6. Filing Fee A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The Planning Department will advise you of said fee. 7. Electronic Copy All of the above submittal items are required to be submitted in an electronic format (i.e., USB flash drive or CD-ROM) as determined by the Planning Department prior to application submittal. F:\Users\CDD\S hared\Adm in\Planning_D ivisionlApplications\U P\Info.docx Updated 3/11/13 Zoning Administrator -January 25, 2018 em 8c -Additional Materials Received at Meeting CHARLES M. FA R A N Q, Chocolate Bash Minor Use Permit (PA2017-194) Attorney at Law 243A Lakeview Avenue Placentia, California 92870 Telephone: (714) 854-9860 Fax: (714) 854-9863 Certified by the National Board of Trial Advocates January 23, 2018 Zoning Administrator City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Re: Project File Number: PA2017-194 Activity Number: UP2017-027 Applicant: Albasha LLC Hearing Date: January 25, 2018 The undersigned represents the applicant in the above referenced matter. This letter is submitted as part of the applicant's presentation at the public hearing regarding the above referenced matter. First, I would like to point out that the staff report appears to support the applicant's request. 1. The use currently under taken by applicant is consistent with the land use category. 2. The proposed extension of hours will not affect the parking requirement and no additional parking will be required. 3. Public parking is available on 23`d street less than 200 feet from the property subject to the application. 4. Staff has indicated that the proposed hours of operation will be complementary to other uses in the building as well as other establishments operating with later hours, some of which are full service restaurants which serve alcohol. 5. The police department has no objection to the addition of late hours. I have attached a few photographs of the area, which clearly show that a business like that of the applicant's is very typical and complimentary to businesses in the area. I also noted that the property owner objected to the proposed Use Permit Application alleging that Albasha LLC is in violation of the terms of its lease with the property owner. In response to this allegation, I must first point out that the issue of whether or not my client is in breach of the terms of the lease is not an issue for the City Zoning Administrator to determine. That issue is the subject of two cases currently pending before the Orange County Superior Court January 23, 2018 Zoning Administrator City of Newport Beach Re: Project File Number: PA2017-194 Activity Number: UP2017-027 Applicant: Albasha LLC Hearing Date: January 25, 2018 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) and the court has not ruled on the issue. In the event that the court rules in favor of the owner, the court will dictate the proper remedies. It should be noted, however, that Paragraph 21.2 of the lease is the only portion of the lease which deals with the hours of operation. A true and correct copy of that provision is attached and this paragraph presents no restrictions on the applicant's hours of operation except to mandate a minimum of hours of operation. Additionally, as part of the discovery process in the litigation between the applicant and the property owner, the applicant sought to determine the basis for the property owner's objection to the applicant's hours of operation. The property owner has stated to the city and to the applicant that it has received numerous complaints from residential and commercial tenants concerning the applicant's operating hours (See Page 2 of the letter to the City dated December 4, 2017 included with the staff report). As part of the discovery process in the litigation, the property owner produced a number of emails, copies of which I have attached. First, it does not appear that there are any complaints that the patrons are being loud or unruly. There are some reports that there are "No Parking" signs being removed from the area in front of one or more of the garages, which is conduct which my client does not and would not ever approve. There is no proof and there are no specific allegations that my client's patrons are the people who are committing such crimes. This center is in an area very near the beach area and is frequented regularly by hundreds if not thousands of people. As a person who has frequented this area since the 1960's, parking has always been a problem. Second, residents of this area should be made to understand that the beach area and businesses that support the beach area will always attract hundreds of thousands of people on a regular basis. This fact may be one of the negative aspects of living in such an area. No reasonable person, however, can expect to live within walking distance of one of the most beautiful beaches and costal zones in the world and within walking distance of numerous restaurants, shops and other establishments designed to attract people living all over Southern California and the world and still not expect to come into contact with people of many different cultures. Finally, the email comments were somewhat disturbing. The term "Middle Eastern males", "Odd activities", and "Middle Eastern men getting together talking" seemed oddly discriminatory to me. There was even comment about "Evening prayers with prayer rugs on the sidewalk". While I saw no evidence of any anti -cultural attitude expressed in the staff report, I would remind the property owner that despite the fact that this center is privately owned, the California January 23, 2018 Zoning Administrator City of Newport Beach Re: Project File Number: PA2017-194 Activity Number: UP2017-027 Applicant: Albasha LLC Hearing Date: January 25, 2018 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Supreme Court in the case of Robins v. Pruneyard Shopping Center, 23 Cal. 3d 899, 592 P.2d 341, 153 Cal. Rptr. 854 very clearly held that the right to assemble is guaranteed by the California Constitution in Articles I, 2 and 3. The right to gather and assemble in public places as well as shopping centers, even when the centers are privately owned, is a protected right. While certain of their tenants may object to "Middle Eastern" persons gathering together and carrying on conversations, the people gathering have the right to do so and that right is protected by the California Constitution and so long as they are not breaching the peace or violating some other law, the landlords reaction to the parochial attitudes of local business owners or tenants may be a violation of California law. In conclusion, Chocolate Bash is a very successful business that brings polite, well mannered patrons who drive expensive cars and can afford expensive desserts to the area. It does not serve alcohol and its patrons cause no drain on the city's resources. It is the type of business that most cities would welcome with open arms. Many of its patrons are of a different culture, but Southern California has one of the most diverse populations in the world. My client's dispute with the landlord and the landlord's misconceptions about the lease and its insistence upon allowing the parochial stance of a few of the local residence to insist that my client is breaching the terms of its lease should not be dragged into the issues presented by this application — which is whether the proposal presents an adverse land use problem. Respectfullllsubmitted, J ^�Ch MFarano Attorney for Albasha LLC Zoning Administrator -January 25, 2018 t Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) to consent to any proposed Transfer, and such amounts shall be payable by Tenant to Landlord as additional rent whether or not Landlord consents to the Transfer or Tenant consummates the Transfer. 21. TENANT'S CONDUCT OF BUSINESS. 21.1 Tenant's Operating Covenants. Tenant agrees that, from and after the Lease Commencement Date, it shall, subject to the provisions of this Section and Section 23.5 hereof, continuously, actively, diligently and uninterruptedly throughout the Term operate and conduct its business in the entire Premises during alLRetail Center Business Hours (as hereinafter defined), and such other times as described in Section 21.2 below underthe Trade Name set forth in Section 3(m) and for the use described in Tenant's Use Clause, in a reputable manner in conformity with the highest standards of practice prevailing in the field of business among merchants engaged in the . same or similar business in the city in which the Premises are located. Tenant shall at all times keep and maintain in the Premises an adequate stock of merchandise and trade fixtures to satisfy the usual and ordinary demands and requirements of its customers, staff the Premises with sufficient sales personnel, exercise sound business practices, due diligence and efficiency so as to maximize gross sales for the benefit of Landlord, and keep the Premises in a neat, clean and orderly condition. 21.2 Hours and Days of Operation. Tenant recognizes that it is in the interests of both Tenant and Landlord to regulate the minimum hours of business for all tenants of the Retail Center, and Tenant agrees that, commencing with the date it is required to initially open for business in the Premises as provided in Section 21.1 above, and for the remainder of the Term it shall be continuously open for business in the Premises during all hours on all days that the Retail Center is open for business to the public, as determined by Landlord from time to time in its sole discretion, (the "Retail Center Business Hours"). In addition to the Retail Center Business Hours, Tenant shall be continuously open for business in the Premises from the hours of 7:00 am to 8:00 pm Monday through Thursday and Friday through Sunday 7:00 am to 10:00 pm. Tenant further agrees to continuously illuminate its window displays, exterior signs and exterior advertising displays during Retail Center Business Hours. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remain open on national, regional or local holidays. 21.3 Failure to Operate. IN THE EVENT THAT TENANT SHALL AT ANY TIME DURING THE TERM FAIL TO CONTINUOUSLY OPERATE ITS BUSINESS WITHIN THE PREMISES AS REQUIRED BY THIS ARTICLE 21 (SOMETIMES REFERRED TO HEREIN AS THE "CONTINUOUS OPERATION REQUIREMENT"), SUBJECT TO TEMPORARY CLOSURES OF UP TO 72 HOURS (WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT) FOR DAMAGE, DESTRUCTION OR REMODELING AUTHORIZED UNDER THIS LEASE, THEN AS LIQUIDATED DAMAGES TO LANDLORD, MINIMUM MONTHLY RENT SHALL BE PAYABLE AT 125% OF THE MINIMUM MONTHLY RENT SET FORTH IN SECTION 3(f) AND ARTICLE 9 OF THIS LEASE, AS IT IS INCREASED PURSUANT TO THE TERMS OF THIS LEASE, UNTIL SUCH TIME AS TENANT RECOMMENCES BUSINESS OPERATIONS THAT COMPLY WITH THE CONTINUOUS OPERATION REQUIREMENT WITHIN THE ENTIRE PREMISES. IN THE EVENT TENANT FAILS TO COMPLY WITH THE CONTINUOUS OPERATION REQUIREMENT, LANDLORD AND TENANT AGREE THAT, GIVEN THE INDUCEMENT AND CO -TENANCY PROVISIONS THAT MAY BE CONTAINED IN OTHER LEASES WITHIN THE RETAIL CENTER AND THE NEGATIVE IMPACT ON LANDLORD'S ABILITY TO FINANCE, LEASE AND MARKET THE RETAIL CENTER RESULTING FROM VACANT SPACE, IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE ACTUAL DAMAGES TO BE SUFFERED BY LANDLORD AS A RESULT THEREOF AND THAT, UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS LEASE, THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS ARTICLE 21 REPRESENT A REASONABLE ESTIMATE OF THE DAMAGES WHICH LANDLORD WOULD INCUR AS A RESULT OF TENANT'S FAILURE TO COMPLY WITH THE CONTINUOUS OPERATION REQUIREMENT. THEREFORE, LANDLORD AND TENANT DO HEREBY AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT LANDLORD WOULD SUFFER IN THE EVENT TENANT FAILS TO COMPLY WITH THE CONTINUOUS OPERATION REQUIREMENT IS AN AMOUNT EQUAL TO THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION 21.3. SUCH AMOUNT SHALL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR THE BREACH BY TENANT OF ITS FAILURE TO COMPLY WITH THE CONTINUOUS OPERATION REQUIREMENT. HOWEVER, NOTHING HEREIN SHALL AFFECT LANDLORD'S RIGHT TO PURSUE OTHER REMEDIES AVAILABLE TO IT BECAUSE OF TENANT'S FAILURE TO COMPLY WITH THE CONTINUOUS OPERATION REQUIREMENT (OTHER THAN MONETARY DAMAGES WHICH ARE BEING LIQUIDATED AS DESCRIBED HEREIN), INCLUDING WITHOUT LIMITATION. THE RIGHT TO TERMINATE THIS LEASE. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS 17 1/23/2018 Newport Beach, California - Google Maps Zoning Administrator --January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Newport Beach, California Image capture: Jun 2017 © 2018 Google 91 Google, Inc. Street View - Jun 2017 hftps://www.google.com/maps/place/2233+W+Balboa+Blvd+^/x23110,+Newport+Beach +CA+92663/@33.6097742,-117.9294771,3a,75y,90h,89.73ttda... 111 1/23/2018 178 23rd St 178 23rd St - Google Maps Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Image capture: Apr 2015 @ 2018 Google Newport Beach, California Google, Inc. Street View -Apr 2015 https://www.goog le.com/maps/place/2233+w+Bal boa+Blvd+%23110,+Newport+Beach,+CA+92663/@33.6101427,-117.9290112,3a,75y,270h,92,88Ud... 1/1 1/23/2018 W Balboa Blvd W Balboa Blvd - Google Maps Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Image capture: Jun 2017 @ 2018 Google Newport Beach, California Google, Inc. Street View - Jun 2017 Leucr r k, 733 1Mest twig - https://www.google.com/maps/place/2233+W+Balboa+Blvd +Newport+Beach,+CA+92663/@33.6099837,-117.9288232,3a,90y,l 80h,90Udata=!3m6!1e... 1/1 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Glen Seciai From: Sent: To: Cc: Subject: From: Sent: Saturday, May 14, 2016 3:22 PM To: Angela DeGroot<adesroot@acemalibtl.com> Subject: Re: 2233 Balboa Blvd Hello Angela, I am sending you a photo that took last night at midnight. It shows the activity that takes place in front ofiand inside Chocolate Bash on a number of nights. Again - it is almost exclusively middle eastern males. Coming and going all night. said over the course of a couple hours probably between 100 to 150 people. They didn't have all their tables set up last night. They never seem to be eating chocolatel When I left today at 1:00pm they were not open. They don't'seem to have regular operating hours. It is just so strange. I don't want you to think I am the crazy, nosy neighbor but we just thought we should let you know. Sent from my iPad Begin forwarded message: Date: May 14, 2016 at 3:09:50 PM PDT ACE000001 Zoning Administrator -January 25-, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Glen Segal From: Sent: To: Subject: Importance: From: Angela DeGroot Sent: Monday, May 16, 2016 10:59 AM To: Marvin Lotz <mlotz@acemalibu.com>; >; Ammie Minton <aminton@acemalibu.com> Cc: Susan Zelman <szelman@acemalibu.com> Subject: FW: 2233 Balboa Blvd Importance: High Marvin & Team, I would like some direction on how to handle the situation at 2233 W Balboa with regards to Chocolate Bash. I spent the better part of the day down at the property all day Friday meeting with all the tenants that were open and everyone had the same thing to say when it came to Chocolate Bash ... they don't keep normal hours, they have lots of middle eastern men coming and going, etc. Unfortunately I was unable to meet with Rasha onsite on Friday as she did not open her shop before I left (which was at 2:30PM). I was however able to speak with her over the phone ... we had a very long conversation in which I informed her that she needed to immediately cease placing any tables or chairs outside her premises, and that she was only allowed to have a total of 6 seats inside her space. I also reminded her that her business hours needed to end by 11:OOPM per city requirements. I also advised her she was not allowed to do any hookah smoking at the property and that all her customers had to be inside her premises, park their cars in only designated spots or offsite and that they couldn't linger outside in the parking lot for hours on end .... Rasha advised she had received city approval to place tables and chairs outside and that she also received approval to keep later business hours since her store doesn't open until 2PM? I told her she needed to provide me with written proof from the city of these two approvals, however she still would then need Landlord's overall approval on these points ... she said she understood completely and would no longer place tables or chairs outside or keep later hours until she gave me the city's approvals for your review, and that she would make sure no,hookah smoking would occurgoing forward.... after all that .... I get the email below from the Lynch's... the very same evening... Friday night....she stayed open past 11PM and although by the photo I can't see any tables or chairs, you can clearly see by all the cars, lights and people that she didn't close down by 11PM. How do we handle this ..... it is very odd that you rarely see all these men eating crepes, and she is opening her shop much later than she should especially if she is selling crepes, that's typically breakfast and lunch hours ... Newport Cruisers and Tanar's Tabacco have lots of photos of the odd activities taking place at the property with these men, lots of high end cars, rarely any women. Rasha seemed very understanding over the phone on Friday and kept stating she is new to the country and doesn't want to upset us, however I think what is happening is they are utilizing this location almost as a cultural meeting place for them to all get together and converse...) really don't know how to handle this because of the sensitivity of the situation. ACE000003 Thoughts? Angela DeGroot Property Manager American Commercial Equities Management, LLC 22917 Pacific Coast Hwy, Suite 310 Malibu, CA 90265 C: 562.673.5441 F: 310.774.5333 E: adeeroot@acemalibu.com Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) 2 ACE000004 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Glen Segal -----Orin From: d Sent: Monday, May 2, 2016 7:22 AM To: Angela DeGroot <adeeroot@acemalibu.com> Subject: Re: 2233 Balboa Blvd - FYI Good morning Angela, I hope all is good with you. I wanted to pass on this information to you at the request of a couple of the neighbors that own property on Oceanfront. It has them uncomfortable and annoyed and I am not sure what can be done. At night - usually on Tuesday, Wednesday and Friday outside the business called Chocolate Bash they set up tables out front on the sidewalk in front of their location spilling over in front of Hula Dog and down to the garages. It started out with about 20 but last Friday night there were about 50 Middle Eastern men (only men) that congregate at these tables. They stay out there until about lam. They are not loud or rowdy. They just seem to be getting together talking and smoking their houka pipes. They are all driving expensive cars that some are parking behind the neighbors garages. The neighbors are hesitant to confront them to ask them to move their cars. I just wanted to let you know about this because it is just weird. The other tenants have gone over to introduce themselves and welcome them to the property and were not met with a friendly response. It could all be very innocent but as the saying goes - if you see something say something. I will ask to take some photos for you. Just wanted you to know. Best to you. ACE000005 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Glen Segal From: .Sent: Monday, May 16, 201610:06 AM To: Angela DeGroot <adezroot@acemalibu.com> Subject: Re: 2233 Balboa Blvd Good morning Angela, Thank you for responding so quickly. Nothing to be sorry for at all. We just thought you might be interested as it is just so odd. Plus neighbors were a little concerned. In the photo I did notice the tables were gone. The time stamp was 11:59pm on phone so it was definitely after 1lain. They don't seem to have regular hours. I am not sure what time they open but as I indicated in the previous email they were not open at 1pm on a weekend day. The neighbors have told me they are out there sometimes after 1:OOam. No drinking or getting loud. Just talking and smoking their houka pipes. It's almost like a club. We will let you know if it continues. We did get the notice about parking. Most of the parking spaces in the lot are used by the owners and employees. You probably saw that on Friday. Parking is always such a battle!!! Best to you - Sent from my iPhone On May 16, 2016, at 9:23 AM, Angela DeGroot <aclegroot@acemalibu.com> wrote: I am so sorry to hear this activity is continuing to occur. I was actually at the property on Friday for over 5 hours visiting with the tenants and I had a very lengthiy conversation on Friday afternoon with the owner of Chocolate bash and she was advised that no tables and chairs were permitted outside her store and that all business activity had to end by 11:00PM per city and landlord requirements. I am taking the issues to legal since obviously the tenant disregarded my conversation just hours before the activity that took place Friday evening. I will work on these issues and provide feedback shortly. Thank you Angela DeGroot ACE000006 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Property Manager American Commercial Equities Management, LLC 22917 Pacific Coast Hwy, Suite 310 Malibu, CA 90265 C: 562.673.5441 F: 310.774.5333 E: adesroot acemalibu.com From. Sent: Saturday, May 14, 2016 3:22 PM To: Angela DeGroot Subject: Re: 2233 Balboa Blvd Hello Angela, I am sending you a photo that t took last night at midnight. It shows the activity that takes place in front of and inside Chocolate Bash on.i number of nights. Again - it is almost exclusively middle eastern males. Coming andgoing all night. Ryan said over the course of a couple hours probably -between 100 to 150 people. _ They didn't have all their tables set up last night. They never seem to be eating chocolate! When I left today at 1:00pm they were not open'. They don't seem to have regular operating hours. It is just so strange. I don't want you to think I am the crazy, nosy neighbor but we just thought we should let you know. Best to you - r ACE000007 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Glen Segal From: Sent: To: Cc: Subject: From: Sent: Friday, September 16, 2016 1:25 PM To: Angela DeGroot <adezroot(&acemalibu.com>; Marvin Lotz <mlotz(aacemalibu.com> Subject: 2233 W Balboa Blvd. HI Angela, Since you will be coming to the property I just wanted to give you heads up on how things are going down here. 1) We are tired of the continued breech of all lease rules from Chocolate Bash. We have put cones in front of our doors at unit 111 to stop the illegal setting up of tables . The cones get removed and my store alarms go off due to the motion and banging up against the doors (need repair) from the people eating at the illegal set up tables. 2) There is continued parking in front of the driveway by both new tenants and their customers. All of this makes it impossible to have any Emergency response much less allow any customers a chance to park and purchase. These are issues that property management has allowed to flourish, both the tables and the parking are out of control and need to be addressed. There are plenty of options. Some more costly than others but there needs to be a set of enforceable rules that we can all deal with. Look forward to a response or your visit Thanks 1 ACE000008 Zoning Administrator -January 25, 2018 Item 6c - Additional Materials Received at Meeting Chocolate Bash Minor Use Permit (PA2017-194) Glen Segal From: Sent: To: Cc: Subject: From: Jose Jair Rodriguez [mailto:6ose6air1956@vahoo.com) Sent: Tuesday, October 17, 2017 6:07 PM To: Angela DeGroot <adeeroot@acemalibu.com>; David Solomon <david@ameriauestsecuritv.com>; RB Bibawy <rbibawv@ameriauestsecuritv.com>; dispatch@ameriguestsecuritv.com Subject: Chocolate Bash parking rule violation. Issued an informative ticket for infraction of our regulations that could be result in towing of vehicle, Chocolate Bash owner that was parking more than 1 hour (more than 30 rule posted in signs), advised personally to move her car, but states about annother issues, like bike repair shop trucks. and others; explained that trucks had permit for deliveries and told to speak with management, she stil has her vehicle parked after.2 hours. So action taken : let her know that possible towing if not move. S/O J.R. NB Ctr. ACE000009