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Home My WebLink About11_Fable and Spirit Restaurant Minor Use Permit_PA2018-006o��,EwP°R CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT a = May 24, 2018 C'�C/FQpN�� Agenda Item No. 11 SUBJECT: Fable and Spirit Restaurant (PA2018-006) • Minor Use Permit No. UP2018-002 • Coastal Development Permit No. CD2018-048 SITE LOCATION: 3441 Via Lido APPLICANT: Keisker & Wiggle Architects OWNER: Fritz Duda Company PLANNER: David S. Lee, Planning Technician 949- 644-3225, dlee@newportbeachca.gov LAND USE AND ZONING • General Plan: CG (General Commercial) • Zoning District: CG (Commercial General) • Coastal Land Use Category: CG -B (General Commercial) (0.0 — 0.75 FAR) • Coastal Zoning District: CG (Commercial General) PROJECT SUMMARY A request for a minor use permit and coastal development permit for a new food service eating and drinking establishment (Fable and Spirit Restaurant) with alcohol sales (Type 47 ABC License - On -Sale General Eating Place) within an existing multi -tenant commercial plaza. The proposed establishment includes 1,141 square feet of interior net public area and interior seating for 85 patrons, as well as 269 square feet of outdoor dining area with seating for 20 patrons. The proposed hours of operation are from 11:30 a.m. to 11:00 p.m. No late hours (after 11:00 p.m.), live entertainment, or dancing are proposed as part of this application. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. —approving Minor Use Permit No. UP2018-002 and Coastal Development Permit No. CD2018-048 (Attachment No. ZA 1). 1 Fable and Spirit Restaurant (PA2018-006) Zoning Administrator, May 24, 2018 Page 2 DISCUSSION • The subject property is located in the Lido Plaza Shopping Center on Via Lido between Newport Boulevard and Via Oporto. Surrounding uses include retail at Lido Marina Village to the north, the Lido House Hotel to the south, commercial across Newport Boulevard and residential across Via Oporto. • The 4.82 -acre property is developed with a multi -tenant commercial shopping center and 300 -space parking lot. The shopping center consists of a mix of commercial uses, including general office use, restaurants, retail, and the Lido Theater. The proposed restaurant will occupy a vacant 3,104 -square -foot suite previously utilized for retail use. • The proposal includes renovating the tenant space to provide for 1,141 square feet of interior net public area and interior seating for 85 patrons, as well as a 269 - square -foot outdoor dining area with seating for 20 patrons. Interior improvements proposed includes new restrooms, kitchen, and storage areas. The proposed hours of operation are from 11:30 a.m. to 11:00 p.m., daily. • The General Plan and Coastal Land Use Plan designate the site for General Commercial (CG) use, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed restaurant is consistent with the CG land use category as it is intended to provide a service to visitors and residents within the immediate neighborhood and surrounding area. • The project is also located within the Commercial General (CG) Zoning and Coastal Zoning Districts, which are intended to implement the CG General Plan and Coastal Land Use Plan land use categories. The proposed restaurant is consistent with these designations and is an allowed use with the approval of a minor use permit. • Parking required for a restaurant use may range from a rate of one space per 30 square feet to one space per 50 square feet of interior net public area based on physical and operational characteristics of the proposed establishment. A parking rate of one parking space per 50 square feet of net public area is appropriate in this case based on the following location and operational characteristics of the proposed use: 1) there is no live entertainment or dancing and no presence of pool tables and other attractions; 2) lower -turnover is expected as a fine dining restaurant; 3) the restaurant would benefit from shared parking demand and internal capture due to its location within a large commercial shopping center that includes a mix of retail, office, and theater uses; and 4) due to its close proximity to the Lido House Hotel, future Lido Villas, and other residential neighborhoods, increased walk-up traffic is expected. Tmp1r. 01/17/18 Fable and Spirit Restaurant (PA2018-006) Zoning Administrator, May 24, 2018 Page 3 • The proposed tenant space was previously occupied by a retail use, which required parking at a ratio of one space per 250 square feet of gross floor area, or 13 spaces (3,104/250=12.41). The proposed restaurant use, based on a parking ratio of one space per 50 square feet of interior net public area, results in a parking requirement of 23 spaces (1,141/50=22.82), or 10 additional spaces beyond the previous retail use. The 269 square feet of outdoor dining is less than 25 percent of the interior net public area (8.6 percent) and does not require additional parking. • Based on a Parking Covenant Agreement between the property owner and the City of Newport Beach in May 2016, the total number of parking spaces required for the shopping center is 286 spaces, effecting a surplus of 14 spaces for the property. With the proposed parking demand increase of 10 spaces associated with the restaurant conversion, the total parking demand for the shopping center would increase to 296 spaces, leaving a surplus of four spaces within the 300 - space parking lot. • The applicant has also submitted a parking analysis provided by Gibson Transportation Consulting, Inc. (Attachment No. ZA 3), illustrating the actual parking demand usage within the center and an applied seasonal adjustment projecting the peak parking demand that would occur during the month of August when the center is anticipated to experience its peak activity. The results of the analysis conclude that the August peak parking demand would occur in the afternoon with 264 parking spaces occupied on a weekday and further support that 300 -space parking supply of the shopping center is adequate to accommodate the 23 -space total parking demand of the restaurant (287 space total projected demand). • The subject property is located within Reporting District No. 15 (RD15), which exceeds the City average for crime rates. However, RD 15 contains a large number of visitor and tourist -serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve residents and visitors to the area. Due to the high concentration of commercial land uses, the resulting calls for service and number of arrests in RD 15 and adjacent reporting districts are greater than other areas of the City. The alcohol-related statistics for RD15 are incorporated into the factors for consideration in the draft resolution. The Reporting District map is available online: http://www.nbpd.oro/crime/statistics/default.asp. The Police Department Memorandum provided for this project (Attachment No ZA 4) states that the Police Department is routinely concerned with the addition of any new alcohol license in RD15; however, their concerns can be alleviated with the imposition of the proposed conditions of approval to help minimize potential conflicts with nearby uses and police services. Tmp1r. 01/12/18 3 Fable and Spirit Restaurant (PA2018-006) Zoning Administrator, May 24, 2018 Page 4 The subject property is located within the Coastal Zone and meets all of the requirements of the Local Coastal Program. The project site is not located between the nearest public road and the sea or shoreline and approval of the Minor Use Permit will not affect public recreation, access or views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 and related parking lot with no expansion in floor area. 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: David S. L e, Planning Technician JM/dl Attachments: ZA 1 ZA 2 ZA 3 ZA 4 ZA 5 TmpIC 01/12/18 Draft Resolution Vicinity Map Parking Study Police Department Memorandum Project Plans 0 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2018-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2018-002 AND COASTAL DEVELOPMENT PERMIT NO. CD2018-048 FOR A FOOD SERVICE USE WITH A TYPE 47 (ON SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE (ABC) LOCATED AT 3441 VIA LIDO (PA2018-006) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Keisker and Wiggle Architects, with respect to property located at 3441 Via Lido, and legally described as Parcel 1 of Resubdivision No. 516 requesting approval of a minor use permit and coastal development permit. 2. The applicant proposes to convert an existing 3,104 -square -foot retail space to a food service eating and drinking establishment (restaurant) with alcohol sales (Type 47 ABC License - On -Sale General Eating Place). The proposal includes 1,141 square feet of interior net public area and an outdoor dining area with a net public area of 269 square feet. No late hours, live entertainment, or dancing are proposed as part of this application. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Commercial General (CG) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B) and it is located within the Commercial General (CG) Coastal Zone District. 5. A public hearing was held on May 24, 2018 in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. 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 floor area. N Zoning Administrator Resolution No. ZA2018-### Paqe 2 of 15 SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The crime rate in the subject reporting district (RD 15) exceeds the City average. However, RD 15 contains a large number of visitor and tourist -serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve residents and visitors to the area. The intent of the zoning designations in this beach area, as well as the two adjacent reporting districts, is to provide various commercial and retail uses to support the surrounding residential area and surrounding visitor -serving and tourist destinations. Beach areas have a higher concentration of land uses and therefore tend to have a higher crime rate than other areas in the City. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the resulting calls for service and number of arrests in RD 15 and adjacent reporting districts are greater than other areas of the City. However, the area is considered one of the more attractive tourist areas in the City, which results in a higher number of alcohol-related calls for service, crimes and arrests. c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. Although the establishment is located near a residential district, the property is situated in a commercial zoning district within an existing commercial plaza with other nonresidential uses. A Planned Community Zoning District that allows for residential uses is located approximately 400 feet east of the proposed restaurant location opposite Via Oporto from the Lido Plaza Shopping Center. Hoag Hospital is located north of the subject property near Newport Boulevard and Hospital Road, but 04-24-18 Zoning Administrator Resolution No. ZA2018-### Page 3 of 15 not in the immediate vicinity of the theater. A religious facility is located in the area near the intersection of Via Lido and Via Malaga. The project site is not in proximity to a daycare center, park, recreational facility, school, or similar uses that attract minors. The proposed alcohol sales is not detrimental to the community as a result of the proximity to any sensitive land uses. d. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. Several other establishments along Newport Boulevard and Balboa Boulevard currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by the Zoning Code. Within Lido Plaza, Woody's Diner, Bear Flag Fish Company, and Z Pizza provide alcohol service to patrons. 2. The proximity to other establishments selling alcohol does not raise a concern due to characteristics of the use, which is limited to 1,141 square feet of interior net public area and an outdoor patio space of 269 square feet, as well as hours of operation between 11:30 a.m. and 11:00 p.m., daily. Conditions of approval will further prevent the establishment from operating as a bar or lounge. e. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The subject plaza has historically been used by commercial businesses. There is no evidence that suggest the proposed commercial use will create objectionable conditions. 2. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol related impacts. Minor Use Permit In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. 04-24-18 g Zoning Administrator Resolution No. ZA2018-### Page 4 of 15 Facts in Support of Finding: 1. The General Plan designates the site as General Commercial (CG) which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The proposed restaurant use is consistent with the CG designation as it is intended to provide a service to visitors and residents within the immediate neighborhood and surrounding area. 3. Eating and drinking establishments are common in the vicinity along Via Lido and Newport Boulevard, and are complimentary to the surrounding commercial and residential uses. 4. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Pursuant to Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements, Table 2-5) of the Zoning Code, eating and drinking establishments located in the CG Zoning District that are classified as Food Service, No Late Hours, requires the approval of a minor use permit. 2. Pursuant to Sections 20.40.040 and 21.40.040 (Off -Street Parking Spaces Required) of the Municipal Code, parking required for restaurant uses may range from a rate of one space per 30 square feet to one space per 50 square feet of interior net public area based on physical and operational characteristics of the proposed establishment. A parking rate of one parking space per 50 square feet of net public area is appropriate in this case based on the following location and operational characteristics of the proposed use: 1) there is no live entertainment or dancing and no presence of pool tables and other attractions; 2) lower -turnover is expected as a fine dining restaurant; 3) the restaurant would benefit from shared parking demand and internal capture due to its location within a large commercial shopping center that includes a mix of retail, office, and theater uses; and 4) due to its close proximity to the Lido House Hotel, future Lido Villas, and other residential neighborhoods, increased walk-up traffic is expected. 3. The proposed tenant space was previously occupied by a retail use, which required parking at a ratio of one space per 250 square feet of gross floor area, or 13 spaces (3,104/250=12.41). The proposed restaurant use, based on a parking ratio of one space per 50 square feet of interior net public area, results in a parking requirement of 23 spaces (1,141/50=22.82), or 10 additional spaces beyond the previous retail use. The 269 square feet of outdoor dining is less than 25 percent of the interior net public area (8.6 percent) and does not require additional parking. 04-24-18 9 Zoning Administrator Resolution No. ZA2018-### Paqe 5 of 15 4. Based on a Parking Covenant Agreement between the property owner and the City of Newport Beach in May 2016, the total number of parking spaces required for the shopping center is 286 spaces, effecting a surplus of 14 spaces for the property. With the proposed parking demand increase of 10 spaces associated with the restaurant conversion, the total parking demand for the shopping center would increase to 296 spaces, leaving a surplus of four spaces within the 300 -space parking lot. 5. As conditioned, the proposed project will comply with the Zoning Code standards for eating and drinking establishments. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: The proposed restaurant is appropriate given the establishment will be located in an existing shopping center with a 300 -space onsite shared parking lot. The restaurant will be easily accessible to motorists, pedestrians, and bicyclists. A parking analysis was prepared by Gibson Transportation Consulting, Inc, dated April 26, 2018, illustrating the actual parking demand usage within the center and an applied seasonal adjustment projecting the peak parking demand that would occur during the month of August when the center is anticipated to experience its peak activity. The results of the analysis conclude that the August peak parking demand would occur in the afternoon with 264 parking spaces occupied on a weekday and further support that 300 -space parking supply of the shopping center is adequate to accommodate the 23 -space total parking demand of the restaurant (287 space total projected demand). The surrounding area contains various business office, retail, and visitor serving commercial uses, including restaurants and take-out eating establishments. The proposed restaurant is compatible with the existing and permitted uses within the area. 3. The proposed restaurant will provide a service for residents of the neighborhood and visitors to the area and will not require the provision of additional parking spaces onsite. 4. The existing trash storage area is adequate to accommodate the proposed restaurant and is conveniently located where materials can be deposited and collected, and does not impede the existing parking spaces. Finding: E. The site is physically suitable in term: characteristics, and the provision of public access and public services and utilities. 04-24-18 of design, location, shape, size, operating and emergency vehicle (e.g., fire and medical) 10 Zoning Administrator Resolution No. ZA2018-### Paqe 6 of 15 Facts in Support of Finding: 1. The project site provides adequate parking and circulation within the existing parking lots on site and internal circulation throughout the center. The design, location, shape, and size of the center has proven suitable for the existing commercial, retail, and restaurant uses on-site. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. 2. The kitchen and dining areas have been designed for a restaurant use with sufficient means of ingress and egress. 3. The Public Works Department, Building Division, and Life Safety Services have reviewed the application and the project is required to comply with all applicable codes and regulations. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approval that 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 during adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The Police Department believes that with the conditions of approval, the proposed project will not have a negative impact on the community and police services. 3. 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. 4. Compliance with the Municipal Code standards related to noise, lighting and other performance standards will help ensure that the proposed use will be compatible with the surrounding area. 5. The proposed renovations to the existing commercial building will have a positive impact on the overall economic health of the community and may promote further revitalization of other commercial properties in the vicinity. 04-24-18 22 Zoning Administrator Resolution No. ZA2018-### Paqe 7 of 15 Coastal Development Permit The Zoning Administrator determined in this case that the Minor Use Permit is consistent with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and approves the Coastal Development Permit based on the following findings per Section 21.52.015. F of Title 21: Finding: G. That the proposed map conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Minor Use Permit is for the conversion of an existing retail space into a new restaurant and meets all of the requirements of the Local Coastal Program. 2. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table 21.20-1) of the Implementation Plan, eating and drinking establishments located in the CG Coastal Zoning District that are classified as Food Service, No Late Hours, are allowed uses. 3. Adequate on-site parking is provided for the change in use. With the proposed parking demand increase of 10 spaces associated with the restaurant conversion, the total parking demand for the shopping center would increase to 296 spaces, leaving a surplus of four spaces within the 300 -space parking lot. 4. The project site is not located between the nearest public road and the sea or shoreline and approval of the Minor Use Permit will not affect public recreation, access or views. 5. The Minor Use Permit is for a property within a developed neighborhood that is approximately 220 feet from the nearest bulkhead and is not near any natural landforms or environmentally sensitive areas. Finding: H. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Findinq: 1. The project site is not between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. 04-24-18 12 Zoning Administrator Resolution No. ZA2018-### Paqe 8 of 15 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2018-002 and Coastal Development Permit No. CD2018-048, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 24T" DAY OF MAY, 2018. Patrick J. Alford, Zoning Administrator 04-24-18 i3 Zoning Administrator Resolution No. ZA2018-### Paqe 9 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL (Project specific conditions in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. The interior net public area shall not exceed 1,141 square feet. 5. The accessory outdoor dining area shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 269 square feet in area. 6. The installation of roof coverings shall not have the effect of creating a permanent enclosure of the outdoor patio area. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 7. Employees of the restaurant shall park on-site. 8. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 9. 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. 10. Use Permit No. UP2018-002 and Coastal Development Permit No. CD2018-048 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 and 21.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 04-24-18 �1 Zoning Administrator Resolution No. ZA2018-### Paqe 10 of 15 11. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the conversion of retail to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 12. This Minor Use Permit and Coastal Development 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. 13. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit and Coastal Development Permit or the processing of a new Minor Use Permit and Coastal Development Permit. 14. 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. 15. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 16. All lighting shall conform with the standards of Sections 20.30.070 and 21.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 17. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 18. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, restaurant operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: 04-24-18 15 Zoning Administrator Resolution No. ZA2018-### Paqe 11 of 15 19. 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. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 21. No outside paging or outside speaker system shall be utilized in conjunction with this establishment. 22. 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. 23. 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. 24. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 25. 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). 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the 04-24-18 2� Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 6OdBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. 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. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 21. No outside paging or outside speaker system shall be utilized in conjunction with this establishment. 22. 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. 23. 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. 24. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 25. 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). 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the 04-24-18 2� Zoning Administrator Resolution No. ZA2018-### Paqe 12 of 15 Director of Community Development, and may require an amendment to this Use Permit. 27. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36 inches wide, 36 inches deep and 72 inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Official and Public Works Director in conjunction with the approval of an alternate drainage plan. 28. 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. 29. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 30. 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 Fable and Spirit Restaurant Minor Use Permit and Coastal Development Permit including, but not limited to, Minor Use Permit No. UP2018-002 and Coastal Development Permit No. CD2018-048 (PA2018-006). 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, attomeys' 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. LIFE SAFETY SERVICES 31. Where carbon dioxide storage tanks, cylinders, piping and equipment are located indoors, rooms or areas containing carbon dioxide storage tanks, cylinders, piping and fittings and other areas where a leak of carbon dioxide can collect shall be provided with either ventilation in accordance with California Fire Code (CFC) Section 5307.5.1 or an emergency alarm system in accordance with CFC Section 5307.5.2. 32. A type I hood shall be installed at or above all commercial cooking appliances used for commercial purposes that produce grease vapors. CFC Section 609.2 04-24-18 27 Zoning Administrator Resolution No. ZA2018-### Paqe 13 of 15 33. Each required commercial kitchen exhaust hood and duct system, required by CFC Section 609 to have a type I hood, shall be protected with an approved automatic fire extinguishing system installed in accordance with this code. CFC Section 904.2.2. 34. Open -flame devices shall not be used in a Group A occupancy unless the candles on the tables are securely supported on substantial noncombustible bases and the candle flames are protected. CFC Section 308.3. Additionally, in order to use a candle, a fire permit is required as per CFC Section 105.6.34. 35. A permit for "Places of Assembly" is required as per CFC Section 105.6.36. BUILDING 36. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 37. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 38. Strict adherence to maximum occupancy limits is required. POLICE 39. The hours of operation shall be limited to between the hours of 11:30 a.m. to 11:00 p.m., daily. 40. Food service from the regular menu shall be made available to patrons until closing. 41. The approval for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On Sale General) license, in conjunction with the restaurant as the principal use of the facility. 42. All owners, managers and employees must abide by all laws and conditions of the Alcoholic Beverage License. 43. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 44. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 45. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 04-24-18 2� Zoning Administrator Resolution No. ZA2018-### Paqe 14 of 15 46. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 47. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 48. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 49. There shall be no live entertainment or dancing allowed on the premises. 50. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 51. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 52. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person is prohibited. 53. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 54. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 55. Strict adherence to maximum occupancy limits is required. 56. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 04-24-18 C' Zoning Administrator Resolution No. ZA2018-### Paqe 15 of 15 57. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 04-24-18 20 Attachment No. ZA 2 Vicinity Map 21 VICINITY MAP Minor Use Permit No. UP2018-002 Coastal Development Permit No. CD2018-048 PA2018-006 3441 Via Lido Attachment No. ZA 3 Parking Study 23 (Blibson transportation consulting, inc. MEMORANDUM TO: Lido Partners, a California Limited Partnership David Lee, City of Newport Beach FROM: Patrick A. Gibson, P.E., PTOE Richard Gibson, LEED Green Associate DATE: April 26, 2018 RE: Parking Analysis for Via Lido Plaza Newport Beach, California Ref: J1526 Gibson Transportation Consulting, Inc. (GTC) was asked to conduct an evaluation of the parking supply and demand with the proposed opening of a new restaurant within Via Lido Plaza (Plaza) in the City of Newport Beach, California (City). This memorandum provides a summary of our analysis and conclusions. PROJECT DESCRIPTION The Plaza, located on the southeast corner of Via Lido & Newport Boulevard, currently contains approximately 84,685 square feet (sf) of development, including: • 47,765 sf retail space • 6,298 sf restaurant space • 1,288 sf pilates studio • 16,555 sf office space • 9,720 sf theatre with 550 seats • 3,059 sf vacant space slated for a future restaurant For the purposes of this study, the Project has one component: the re -tenanting of the vacant 3,059 sf with a new restaurant use. EXISTING PARKING Parking Supply Based on a March 2017 parking inventory, the Plaza currently provides 300 parking spaces in a contiguous surface parking lot. Access to the lot is provided from one driveway off Newport Avenue/Finley Avenue and one off Via Lido east of Newport Avenue. 555 W. 5th Street, Suite 3375 Los Angeles, CA 90013 p. 213.683.0088 f. 213.683.0bYil Lido Partners, a California Limited Partnership David Lee, City of Newport Beach April 26, 2018 Page 2 The Project will not require the removal of any parking spaces; therefore the parking lot will continue to provide 300 parking spaces after completion of the Project. Parkina Demand In order to document the existing parking demand patterns, GTC conducted parking occupancy surveys at the Plaza on Saturday, February 4 and Friday, February 9, 2017. Hourly occupancy counts were conducted from 10:00 AM until 9:00 PM on both days. In order to provide for a worst-case scenario, it was assumed that all vehicles parked in non - reserved spaces belonged to patrons of the Plaza and not parking poachers. In an effort to reduce the influence of parking poaching, the survey dates were specifically selected to avoid any major events at nearby facilities including the marina. Tables 1 and 2 provide summaries of the February parking occupancy observations for the Plaza on a Friday and Saturday, respectively. As shown, the peak parking demand on a Friday occurred at 12:00 PM when 235 spaces (approximately 78% of the parking supply) were occupied. The peak parking demand on a Saturday occurred at 1:00 PM when 209 parking spaces (approximately 70%) were occupied. It is important to note that these totals include the eight spaces currently leased to the Newport Beach Fire Department. The Fire Department's lease may be terminated at any time. Therefore, for the purposes of analysis, the parking demand of the Fire Department was removed from the total parking demand to provide an accurate picture. The parking occupancy patterns for both the weekday and Saturday show that the Plaza experiences its peak parking demand during the mid-day hours, which is typical for a retail - based mixed-use development. The Saturday demand is slightly lower than weekday demand because of the influence of office parking on the weekdays. Seasonal Variations With retail as the predominant land use in the Via Lido development, the parking demand in the Project varies throughout the year. The Urban Land Institute in its publication Shared Parking, Td Edition (Urban Land Institute [ULI], and the International Council of Shopping Centers [ICSC], 2005) documented the monthly variation in parking demand for the various land uses within the Project. Each shopping center or mixed use development is unique and its monthly/seasonal patterns depend heavily on its location and its mix of uses. An evaluation of sales patterns throughout the year showed that the Via Lido project experiences its peak activity in the month of August when the activity at the beach and the marina and the visitors to Newport Beach experience their peak. Retail and restaurants land uses are busier in August than they are in February (by 15-21%) while office and health club land uses are less active (by 5-26%). When all of the land uses are 2.5 Lido Partners, a California Limited Partnership David Lee, City of Newport Beach April 26, 2018 Page 3 taken together, the Via Lido Plaza can be expected to be 12% busier in August than in February. Table 3 shows that the Project is expected to accommodate 264 vehicles during the mid-day hours of an August weekday and 234 vehicles during the same time period on an August Saturday afternoon. SUMMARY • The Project proposes to reoccupy a vacant 3,059 sf space with a restaurant use and install parking control equipment at the Plaza. • Before completion of the Project, the projected peak parking demand for the Plaza would occur in August when 264 parking spaces would be occupied on a weekday and 234 parking spaces would be occupied on a weekend. • Given a parking supply of 300 spaces, the Plaza could accommodate peak parking demands at all times of the year, even with the addition of the parking demand for the new restaurant. 20 TAIMIEI Ya LMo PMo-Parking Occupancy Ccunb 27 Time at 0 10:00AM 11,00AM 12:00 PM F 1AO PM 2:W PM 3:OO PM Lot Occu ad T2LIS m %Omu led Occu IeE TWIS m %Otto d Omu had To n.S ecx %Occu Occupied Occupied Tobi$ m %Omu IeE Occri Zeal Torel3 m %Otto Iad O u IeE TMe13 ecx %Ottopled West 9t 124 7339% 1W R4 B54BYe 118 126 mi 1fi% 110 124 8311% 123 124 99,19% 56 t26 ]L42°b Fast 39 104 37,50% 44 1M 42.31% 82 1M 78.05% T1 104 74.W% 44 100 42.31% M iM 53.05% SOWM1 28 12 38.11% 29 71 4038% 35 72 48.81% M 72 4187% 29 72 40.28% 30 72 0187% Totcls 158 300 5200% 179 300 3987% 233 340 78.33% 217 300 7233% 198 300 85.83% 132 300 30.87% 27 Time DW I., mind 11 Dri 1 Trial Spaces % Occupied Occu,nd I Total SW- % Crammed 01 T otiL2 .... liecmi.d TMMI Smacie, % Orem, ad Occu ad Total . - % ()ccupkml 27 TA9LE 3 Via Lido Plead - Parking 0mWncy Counts SeWeeay 214 1T M Time of 0 10:0 AM 11:00 AM 12:00 PM F IgoPM 2:W PM 3:00 PM Lot Dau lee TOMS ma ii,land anon tae Tnms u xnicum a Oncn lee roods aces xannu lea Damaged Tolls ma xUccu tae Onnn lee Toadm ue 1 %Comm a 11 Oncn tae tools .n es xannu tae West 103 12< 83.06% 98 R4 7903% tU 126 91.94% 113 124 91.13% 89 124 1 79.84%. 11 76 t24 61.29% Feet 32 104 33.71% 42 10 4038% 70 1M 61.31% T2 104 6923% 8< 1M 81 0 106 63.<6% SOWM1 14 72 1966% 15 72 20.83% 17 72 23.61% 24 72 33.33% 2. 72 33.33% 24 72 33.33% TOYIs 149 300 49.67% 155 300 ..Sr% 231 303 67.00°% 209 300 6967% 207 300 B9d0% 18S 343 55.33% M Time Day upiad 0—mad! 1 Trial Spaces %Occupied Orcupind Total Spe" %accurilarl Oromlim Tom�EE. %7.Lu laid C-ni. ToWl Smicas % Ocid Ormu IM Tend . r- % Occupied! M Table 3 Peak Parking Occupancy Via Lido Plaza Month I Weekday Demand I Weekend Demand Occ. Spaces I % Occupied Occ. Spaces I % Occupied February 235 78.3% 209 66.7% I I August (peak) 264 88.0% 234 78.0% 29 Attachment No. ZA 4 Police Department Memorandum 3o NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: David Lee, Planning Technician FROM: Wendy Joe, Police Civilian Investigator DATE: February 5, 2018 SUBJECT: Fable and Spirit Restaurant 3441 Via Lido Use Permit No. 2018-002 (PA2018-006) At your request, the Police Department has reviewed the project application for Fable and Spirit Restaurant located at 3441 Via Lido, Newport Beach. Per the project description, the applicant is seeking a Conditional Use Permit (CUP) for a new restaurant with a Type 47 (On Sale General) Alcoholic Beverage Control License. The proposed hours are 11:30 a.m. to 11:30 p.m. If a CUP with those hours is approved, an Operator License will be required for this establishment. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 47 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's proposed place of business, 3441 Via Lido. The summary report shows there was 1 call for service in 2017. This restaurant space was vacant during that year; therefore, this call was unrelated. Crime Statistics The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 3711 Street to 201" Street. RD 15 is our highest crime area in Newport Beach with significant quality -of -life concerns for the residents, as well as the Police Department. This location meets the legal criteria for undue concentration (B&P §23958.4). 31 Fable and Spirit Restaurant UP2018-002 Alcohol License Statistics The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 5,726 residents with 82 active alcohol licenses and 72 licensed establishments. That is a per capita ratio of 1 license for every 70 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 467 residents. This location meets the legal criteria for undue concentration (B&P §23958.4). Discussion and Recommendations The above statistical information is provided for educational reference and perspective. The Police Department is routinely concerned when new alcohol licenses are added within the City's over concentrated areas. However, the Police Department's concerns can be mitigated by imposing the following conditions. RECOMMENDED CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: The hours of operation shall be limited to 11:30 a.m. to 11:00 p.m., daily. The establishment shall not permit any new customers after 11:00 p.m. 2. Food service from the regular menu shall be made available to patrons until closing. 3. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On Sale General) license, in conjunction with the restaurant as the principal use of the facility. 4. All owners, managers and employees must abide by all laws and conditions of the Alcoholic Beverage License. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 2 32 Fable and Spirit Restaurant U P2018-002 10. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 11. There shall be no live entertainment or dancing allowed on the premises. 12. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 13. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 14. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person is prohibited. 15. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 16. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 17. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 18. Strict adherence to maximum occupancy limits is required. 19. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 20. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 21. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply 33 Fable and Spirit Restaurant UP2018-002 with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949)644-3705 or wjoe@nbpd.org. 4ndy Investigator, Special Investigations Unit Jay Shc Deputy e! 34 i 0 .o p� N 10 Q 1 mk C5 Ice oaf; m x 0 0 0 Jt • ~ o o • • � � f ` c 0 f / ' • o . may: i 0 00 . a • i q cc VO N C 6 Z � N ro m m vai � a b N W N Lr v; a Lr� o l N N �y s s' � mpmp N F 6 F Z i; 3s O n d 0 o @ n J E C .- c E i who � n > y a c g E ¢ @ ppu Y 8 U O v o V°-.dN m'Y ¢ s"v i o � N e 9 a E a � �m- u a e .. Q a � o � a 3 a`, Q � � r O a U U C M i o n m q cc VO N C 6 Z � N ro m m vai � a b N W N Lr v; a Lr� o l N N �y s s' � mpmp N F 6 F Z i; 3s O n d Attachment No. ZA 5 Project Plans so Project Summary THIS PROJECT IS A RESTAURANT TENANT IMPROVEMENT (INTERIOR ONLY) IN AN EXISTING VACANT SUITE WITH PATIO SEATING. PREVIOUS USES OF THE SUITE IS RETAIL. General Notes 1. THIS PROJECT IS TO COMPLY WITH ALL BUILDING CODE REQUIREMENTS, INCLUDING 2016 CALIFORNIA BUILDING CODE (CBC), 2016 CALIFORNIA PLUMBING CODE (CPC), 2016 CALIFORNIA MECHANICAL CODE (CMC), 2016 CALIFORNIA ELECTRICAL CODE (CEC), 2016 CALIFORNIA ENERGY CODE (2016 BUILDING ENERGY EFFICIENCY STANDARDS), 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE. 2. THE HOURS OF OPERATION FOR FABLE & SPIRIT IS 11:30AM TO 11:00PM DAILY. NO NEW CUSTOMERS WILL BE PERMITTED AFTER 11:00PM. Abbreviations able &r. Spirit TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 Code Analysis BUILDING OCCUPANCY CONSTRUCTION TYPE =»41N:u►1:/4a:69 FABLE & SPIRIT (TOTAL AREA) DINING ROOM KITCHEN STORAGE RESTROOMS/CIRCULATION GROUP A-2, B, & M (EXISTING NO CHANGE) TYPE V -B (EXISTING) YES (EXISTING) 3,104 SF 1,228 SF (OCCUPANT LOAD FACTOR = 15) 1,058 SF (OCCUPANT LOAD FACTOR = 200) 385 SF (OCCUPANT LOAD FACTOR = 500) 385 SF EXIT CALCULATIONS DINING ROOM = 1,228 SF / 15 OCCUPANT LOAD FACTOR = 82 OCCUPANTS KITCHEN = 1,058 SF / 200 OCCUPANT LOAD FACTOR = 6 OCCUPANTS STORAGE = 385 SF / 500 OCCUPANT LOAD FACTOR = 1 OCCUPANT TOTAL OCCUPANTS = 89 2 EXIT REQUIRED, 2 EXIT PROVIDED (AT ENTRY & DINING 1) EXIT WIDTH CALCULATIONS EXIT WIDTH REQUIRED = 0.2" PER OCCUPANT x 89 OCCUPANTS = 17.8" EXIT WIDTH PROVIDED = 78" (36" + 42" WIDE DOORS) MOST REMOTE POINT WITHIN SUITE (KITCHEN) TO EXIT = 68' & AND EXPO EXPOSED NTS NOT TO SCALE L ANGLE EXP EXPANSION OA OVERALL @ AT EXT EXTERIOR OBS OBSCURE 0 DIAMETER FA FIRE ALARM OC ON CENTER # POUND OR NUMBER FAP FIRE ALARM PANEL OD OUTSIDE DIAMETER (E) EXISTING FB FLAT BAR OPNG OPENING ACOUS ACOUSTIC OR ACOUSTICAL FD FLOOR DRAIN OPP OPPOSITE ADUL ADDITIONAL FND FOUNDATION PRCST PRECAST AD AREA DRAIN FE FIRE EXTINGUISHER PL PLATE ADJ ADJACENT FHC FIRE HOSE CABINET PLAS PLASTER AFF ABOVE FINISH FLOOR FIN FINISH OR FINISHED PLY PLYWOOD AGGR AGGREGATE FF FINISH FLOOR PR PAIR AL ALUMINUM FLR FLOOR PT PRESSURE TREATED APRX APPROXIMATE OR APPROXIMATELY FLASH FLASHING PTD PAPER TOWEL DISPENSER ARCH ARCHITECT OR ARCHITECTURAL FLUOR FLUORESCENT PTN PARTITION ASB ASBESTOS FOC FACE OF CURB QT QUARRY TILE ASPH ASPHALT FOM FACE OF MASONRY R RISER A/C ASPHALTIC CONCRETE FOS FACE OF STUD RAD RADIUS BD BOARD FPRF FIREPROOF OR FIREPROOFING RD ROOF DRAIN BITUM BITUMINOUS FS FULL SIZE REF REFERENCE BLDG BUILDING FT. FOOT OR FEET REF REFRIGERATOR BLK BLOCK FTG FOOTING REGTR REGISTER BLKG BLOCKING FURR FURRING REINF REINFORCING OR REINFORCEMENT BM BEAM FUT FUTURE REQ REQUIRED BOT BOTTOM GA GAUGE RESIL RESILIENT CAB CABINET GALV GALVANIZED R/R RESTROOM CB CATCH BASIN GB GYPSUM BOARD RM ROOM CEM CEMENT GC GENERAL CONTRACTOR RO ROUGH OPENING CER CERAMIC GL GLASS OR GLAZING RWD REDWOOD CI CASTIRON GND GROUND S SOUTH CLNG CEILING GR GRADE SC SOLID CORE CLKG CAULKING HE HOSE BIB SCD SEAT COVER DISPENSER CLO CLOSET HC HOLLOW CORE SCHED SCHEDULE CLR CLEAR HDWD HARDWOOD SD SOAP DISPENSER COL COLUMN HOWE HARDWARE SECT SECTION CONC CONCRETE H/K HOUSEKEEPING SH SHELF CONN CONNECTION HM HOLLOW METAL SHWR SHOWER CONST CONSTRUCTION HORIZ HORIZONTAL BHT SHEET CONT CONTINUOUS HR HOUR SIM SIMILAR CORR CORRIDOR HGT HEIGHT SND SANITARY NAPKIN DISPENSER CTSK COUNTERSINK ID INSIDE DIAMETER SNR SANITARY NAPKIN RECEPTACLE CNTR COUNTER INSUL INSULATION SPEC SPECIFICATION DBL DOUBLE INT INTERIOR SR SPRINKLER RISER DEPT DEPARTMENT JAN JANITOR SQ SQUARE DF DRINKING FOUNTAIN JT JOINT SS STAINLESS STEEL DET DETAIL KIT KITCHEN STA STATION DIA DIAMETER LAB LABORATORY STD STANDARD DIM DIMENSION LAM LAMINATE OR LAMINATED STL STEEL DISP DISPENSER LAV LAVATORY ST STORAGE DN DOWN LIP LAMINATE PLASTIC STOR STORAGE DO DOOR OPENING LT LIGHT STRL STRUCTURAL DR DOOR LTWT LIGHTWEIGHT SUSP SUSPENDED DWR DRAWER MAX MAXIMUM SYM SYMMETRICAL DS DOWNSPOUT MC MEDICINE CABINET TRD TREAD DSP DRY STAND PIPE MECH MECHANICAL TB TOWEL BAR DWG DRAWING MEMB MEMBRANE TEL TELEPHONE DWGS DRAWINGS MET METAL TELBD TELEPHONE BOARD EA EACH MFR MANUFACTURER TRE TERRAZZO EJ EXPANSION JOINT MH MANHOLE T&G TONGUE AND GROOVE EL ELEVATION MIN MINIMUM THK THICK OR THICKNESS ELEC ELECTRIC OR ELECTRICAL MIR MIRROR TOC TOP OF CONCRETE ELEV ELEVATOR MISC MISCELLANEOUS TOD TOP OF DRAIN EMER EMERGENCY MO MASONRY OPENING TOP TOP OF PARAPET ENCL ENCLOSURE MTD MOUNTED TOR TOP OF ROOF SHEATHING EP ELECTRICAL PANELBOARD MUL MULLION TOS TOP OF SLAB EQ EQUAL NIC NOT IN CONTRACT TOW TOP OF WALL EQPT EQUIPMENT NO NUMBER TPD TOILET PAPER DISPENSER EWC ELECTRIC WATER COOLER NOM NOMINAL TV TELEVISION TYP TYPICAL UNF UNFINISHED UNO UNLESS NOTED OTHERWISE UR URINAL VERT VERTICAL VEST VESTIBULE VCT VINYL COMPOSITION TILE W WEST W/ WITH WC WATER CLOSET WD WOOD W/O WITHOUT WP WATERPROOF WSCT WAINSCOT WT WEIGHT Plumbing Calculation FABLE & SPIRIT (TOTAL AREA) DINING ROOM (A-2) KITCHEN (A-2) STORAGE (S) RESTROOMS/CIRCULATION 3,104 SF 1,228 SF (OCCUPANT LOAD FACTOR = 30) 1,058 SF (OCCUPANT LOAD FACTOR = 200) 385 SF (OCCUPANT LOAD FACTOR = 5,000) 385 SF PER TABLE A OF 2016 C.P.C.: DINING ROOM = 1,228 SF / 30 OCCUPANT LOAD FACTOR = 41 OCCUPANTS KITCHEN = 1,058 SF / 200 OCCUPANT LOAD FACTOR = 6 OCCUPANTS STORAGE = 385 SF / 5,000 OCCUPANT LOAD FACTOR = 1 OCCUPANT PER TABLE 422.1 OF 2016 C.P.C.: REQUIRED MALE FIXTURES: 1 WATER CLOSET, 1 LAVATORY, 1 URINAL REQUIRED FAMEL FIXTURES: 1 WATER CLOSET, 1 LAVATORY PROVIDED MALE FIXTURES: 1 WATER CLOSET, 1 LAVATORY, 1 URINAL PROVIDED FAMEL FIXTURES: 2 WATER CLOSET, 1 LAVATORY NET PUBLIC AREA CALCULATION LEGEND DINING AREAS TOTAL (1,141 SF) - NET PUBLIC AREA PATIO DINING (269 SF) - NET PUBLIC AREA _ KITCHEN AREAS TOTAL (1,031 SF) STORAGE AREAS TOTAL (385 SF) RESTROOM & CIRCULATION (454 SF) Area Calculations SCALE: 1/8" = 1'-0" Design Team CLIENT MR. DARREN COYLE 26342 OSO PARKWAY, SUITE 103, MISSION VIEJO, CA 92691 PROPERTY OWNER FRITZ DUDA COMPANY 3425 VIA LIDO, SUITE 250, NEWPORT BEACH, CA 92663 949.723.7100 ARCHITECT KEISKER & WIGGLE ARCHITECTS, INC. 26961 CAMINO DE ESTRELLA, SUITE 200 CAPISTRANO BEACH, CA 92624 949.388.1250 KITCHEN CONSULTANT COASTLINE DESIGN, INC. 113 E. 23RD STREET, COSTA MESA, CA 92627 949.722.8181 MEP ENGINEER EMC ENGINEERS, INC. 23121 VERDUGO DRIVE, SUITE 101, LAGUNA HILLS, CA92653 949.679.3277 INTERIOR DESIGNER MARGEE DREWS DESIGN 3334 EAST COAST HWY, SUITE 122, CORONA DEL MAR, CA 92625 949.722.7530 Sheet Index T.1 COVER SHEET, NOTES, VICINITY MAP T.2 CONDITIONS OF APPROVAL SP.1 SITE PLAN A.1 FLOOR PLAN —1/ Fable and Spi*ri"t TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 PROJECT. OWNERRERANT. Mr. Darren Coyle 26342 Oso Parkway, Suite 103, Mission Viejo, CA 92691 PRINTED Keisker M.U.P. SU14 DECEMBER 2017 BMRTAL e " B R 29 MARCH 2018 gi g g RE -SUBMITTAL Arch�tectsZ 18APRIL2018 REsueas 26961 Camino de Estrella Suite 200, Capistrano Beach, California 92624 P. 949/388-1250 F. 949/388-2760 E. email @ kw-architects.com © Kelsker & Wiggle Architects, Inc, A copyright Is claimed on this unpublished material. No publication or further distribution is allowed without the written permission of Keisker & Wiggle Architects, Inc. All rights reserved. SHEET Cover Sheet To 1 —1/ EwPo CITY OF NEWPORT BEACH o�� R o COMMUNITY DEVELOPMENT DEPARTMENT Life Safety Services Division u r� = 100 Civic Center Drive I P.O. Box 1769 I Newport Beach, CA 92658-8915 C,�TFORN�P www.newportbeachca.gov 949- 644-3200 DATE: Planning Project Review Conditions for Approval February 6, 2018 PROJECT LOCATION: 3441 Via Lido Conditions: Where carbon dioxide storage tanks, cylinders, piping and equipment are located indoors, rooms or areas containing carbon dioxide storage tanks, cylinders, piping and fittings and other areas where a leak of carbon dioxide can collect shall be provided with either ventilation in accordance with California Fire Code (CFC) Section 5307.5.1 or an emergency alarm system in accordance with CFC Section 5307.5.2. 2. A type I hood shall be installed at or above all commercial cooking appliances used for commercial purposes that produce grease vapors. CFC Section 609.2 3. Each required commercial kitchen exhaust hood and duct system required by CFC Section 609 to have a type I hood shall be protected with an approved automatic fire - extinguishing system installed in accordance with this code. CFC Section 904.2.2. 4. Open -flame devices shall not be used in a Group A occupancy unless the candles on the tables are securely supported on substantial noncombustible bases and the candle flames are protected. CFC Section 308.3. Additionally, in order to use a candle, a fire permit is required as per CFC Section 105.6.34 5. A permit for "Places of Assembly" is required as per CFC Section 105.6.36. NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION RECOMMENDED CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The hours of operation shall be limited to 11:30 a.m. to 11:00 p.m., daily. The establishment shall not permit any new customers after 11:00 p.m. 2. Food service from the regular menu shall be made available to patrons until closing. 3. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On Sale General) license, in conjunction with the restaurant as the principal use of the facility. 4. All owners, managers and employees must abide by all laws and conditions of the Alcoholic Beverage License. , 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 10. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 11. There shall be no live entertainment or dancing allowed on the premises. 12. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 13. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 14. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person is prohibited. 15. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 16. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 17. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 18. Strict adherence to maximum occupancy limits is required. 19. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 20. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 21. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Fable and Spirit TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 PROJECT. OWNERRERANT. Mr. Darren Coyle 26342 Oso Parkway, Suite 103, Mission Viejo, CA 92691 PRINTED Kelsker BUR SUBMITTAL 14 DECEMBER 2017 M 29 MARCH 2O18 ggle RE -SUBMITTAL M1 Architectsz M.U.P.16APRIL 2018 REUB 02 26961 Camino de Estrella Suite 200, Capistrano Beach, California 92624 P. 949/388-1250 F. 949/388-2760 E. email @ kw-architects.com © Kelsker & Wiggle Architects, Inc, A copyright Is claimed on this unpublished material. No publication or further distribution is allowed without the written permission of Kelsker & Wiggle Architects, Inc. All rights reserved. SHEET Conditions of Approval 12 dols 0 PTO T o o i ROP TY INE I i I T I I I + I 1 III 30.0 ' � 1 o O ° D ° d 0 0 c o 0 0 0 0 0 0 0 ° I 1 o o EXISTING STREET PARKING + 1 F + + o. \S SUBMITTAL 14 DECEMBER 2017 g gle 29 MARCH 2O18 �I 1 \ M.U.P. 16 APRIL 2018 Architect's w RE -SUB p2 0 ADJACENT 26961 Camino de Estrella rl BANK Suite 200, 0 Capistrano Beach, Z LINE OF STREET California 92624 0 p 0 /.—CENTER I 0 F E. email @ kw-architects.com ADJACENT Ec is RESTAURANT material. No publication or further distribution is allowed without the written EXISTING CONCRETE VIA permission of Kelsker & Wiggle Architects, Inc. All rights reserved. 1 ' SHEET LIDO CURB AND GUTTER, TYP. Site Plan S P. l \ o EXISTING AWNINGS, o 0 SHOWN DASHED, TYP. PROPERTY LINE F + i 0 F H + i + EXISTING STREET PARKING \ El 0 0 ° EXISTING SIDEWALK \ - N67000'55" W 421.38' O - ROPERTY LINE -------------------- Fol 1 -- -- - — L-60.58' PTO T o o i ROP TY INE I i I T I I I + I 1 III 30.0 ' ADJACENT ,Iioa STOP FABLE & SPIRIT = r RETAIL lea l (3441 VIA LIDO) y " I ADJACENT ° ,1�1 . 1111 RESTAURANT /\ I• IV EASEMENT, SHOWN gyp$ y=. wo_I DASHED,TYP.� / Mgr " ADJACENT L �_________ £N RETAIL y I I SR ADJACENT THEATER I �# yll I/ EXISTING ♦ EXISTING II I PARKING LOT • I COURTYARD I ADJACENT RETAIL l S \1\ ADJACENT I 'J RESTAURANT 1 71 / 0° raw \\ # EXISTING COURTYARD ; \�— • 1 EASEMENT, SHOWN ACCESSIBLE PARKING ADJACENT DASHED, TYP. SPACES, TYP. OF 4 �1 RETAIL SPACESESS ACC IBLE RING TYR O4 \ \ EXISTING �ypaPTP t PARKING OT UPS O t A ° O 1 G GQ 0 0 �J E 6 ai Site Plan e LINE SCALE: 1" =30' DASHED, '\ x 1 , 1 \ C LINE OF r OF STREET' k o ° \ O o / 0 0 � \ o / ° / y P \ # \ ° o k GPZE \ \ O Oo SITE PLAN NOTES 1. DO NOT SCALE PLANS. REFER TO DIMENSIONS. 2. SITE PLAN SHOWN FOR REFERENCE ONLY, NO CHANGES PROPOSED. 3. EXISTING AND PROPOSED TOTAL PARKING = 300 SPACES. PLEASE REFER TO PARKING STUDY BY GIBSON TRANSPORTATION CONSULTING, INC. DATED FEBRUARY 14, 2018 FORADDITIONAL INFORMATION. � 1 TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 ADJACENT PROJECT. OWNERITERII RESTAURANT Mr. Darren Coyle 26342 Oso Parkway, Suite 103, Mission Viejo, CA 92691 I 1 Y M� SUBMITTAL 14 DECEMBER 2017 g gle 29 MARCH 2O18 �I RE -SUBMITTAL UBM 1 M.U.P. 16 APRIL 2018 Architect's w RE -SUB p2 Loi ADJACENT 26961 Camino de Estrella rl BANK Suite 200, I1 1 Capistrano Beach, Z California 92624 1 p 1 I E. email @ kw-architects.com ADJACENT Ec is RESTAURANT material. No publication or further distribution is allowed without the written permission of Kelsker & Wiggle Architects, Inc. All rights reserved. 1 SHEET ADJACENT ,Iioa STOP FABLE & SPIRIT = r RETAIL lea l (3441 VIA LIDO) y " I ADJACENT ° ,1�1 . 1111 RESTAURANT /\ I• IV EASEMENT, SHOWN gyp$ y=. wo_I DASHED,TYP.� / Mgr " ADJACENT L �_________ £N RETAIL y I I SR ADJACENT THEATER I �# yll I/ EXISTING ♦ EXISTING II I PARKING LOT • I COURTYARD I ADJACENT RETAIL l S \1\ ADJACENT I 'J RESTAURANT 1 71 / 0° raw \\ # EXISTING COURTYARD ; \�— • 1 EASEMENT, SHOWN ACCESSIBLE PARKING ADJACENT DASHED, TYP. SPACES, TYP. OF 4 �1 RETAIL SPACESESS ACC IBLE RING TYR O4 \ \ EXISTING �ypaPTP t PARKING OT UPS O t A ° O 1 G GQ 0 0 �J E 6 ai Site Plan e LINE SCALE: 1" =30' DASHED, '\ x 1 , 1 \ C LINE OF r OF STREET' k o ° \ O o / 0 0 � \ o / ° / y P \ # \ ° o k GPZE \ \ O Oo SITE PLAN NOTES 1. DO NOT SCALE PLANS. REFER TO DIMENSIONS. 2. SITE PLAN SHOWN FOR REFERENCE ONLY, NO CHANGES PROPOSED. 3. EXISTING AND PROPOSED TOTAL PARKING = 300 SPACES. PLEASE REFER TO PARKING STUDY BY GIBSON TRANSPORTATION CONSULTING, INC. DATED FEBRUARY 14, 2018 FORADDITIONAL INFORMATION. Fable and Spirit TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 PROJECT. OWNERITERII Mr. Darren Coyle 26342 Oso Parkway, Suite 103, Mission Viejo, CA 92691 PRINTED Kelsker RRR��/ MUR SUBMITTAL 14 DECEMBER 2017 g gle 29 MARCH 2O18 RE -SUBMITTAL UBM M.U.P. 16 APRIL 2018 Architect's RE -SUB p2 26961 Camino de Estrella Suite 200, Capistrano Beach, California 92624 P. 949/388-1250 F. 949/388-2760 E. email @ kw-architects.com © Kelsker & Wiggle Architects, Inc, A copyright Is claimed on this unpublished material. No publication or further distribution is allowed without the written permission of Kelsker & Wiggle Architects, Inc. All rights reserved. SHEET Site Plan S P. l 9 EXISTING FULL HEIGHT DEMISING WAL WITH 5/8" TYPE 'X'. GYP. BOARD; BETWEEN SUITES TO REMAIN. TYPICAL (E) LEASE SPACE (NOT A PART) I *01 t91 W [ell * 49:10101 ZANTIa U 1 I VIA LIDO EXISTING CONCRETE CURB AND GUTTER ALL EXTERIOR DIMENSION SHOWN FOR REFERENCE ONLY, EXTERIOR IMPROVEMENT �BY LANDLORD UNDER SEPARATE SUBMITTAL r l oo r r l a n SCALE: 1/4" = 1'-0" SEATING CALCULATION INTERIOR (28 + 26 + 6 + 25) = 85 PATIO 20 TOTAL 105 M N FLOOR PLAN NOTES 1. DO NOT SCALE PLANS. REFER TO DIMENSIONS. 2. DIMENSIONS ARE FROM FACE METAL STUD (NEW WALLS) OR FACE OF FINISH (EXISTING WALLS), UNLESS NOTED OTHERWISE. 3. ALL EXTERIOR DIMENSION SHOWN FOR REFERENCE ONLY, BUILDING SHELL AND EXTERIOR IMPROVEMENT BY LANDLORD UNDER SEPARATE SUBMITTAL. 4. THIS FLOOR PLAN HAS BEEN PREPARED FOR PLANNING SUBMITTAL ONLY. THIS PROJECT WILL COMPLY WITH ALL CODES LISTED ON TITLE SHEET FOR BUILDING PERMIT SUBMITTAL. ACCESSIBLE KEY NOTES 60" WIDE x 59" DEEP CLEAR FLOOR SPACE FOR FLOOR MOUNTED F-1 WATER CLOSET, SEE DETAILS 23 & 24 ON SHEET AS.3 FOR ADDITIONAL INFORMATION (SHOWN SHADED) 60" WIDE x 48" DEEP CLEAR FLOOR SPACE IN FRONT OF WATER 2❑ CLOSET, SEE DETAILS 23 & 24 ON SHEETAS.3 FOR ADDITIONAL INFORMATION $ 60" DIAMETER TURNING SPACE, SEE DETAILS 21 & 24 ON SHEETAS.3 FOR ADDITIONAL INFORMATION ®30" WIDE x 48" DEEP CLEAR FLOOR SPACE FOR LAVATORY, SEE DETAIL 25 ON SHEETAS.3 FOR ADDITIONAL INFORMATION ai30" WIDE x 48" DEEP CLEAR FLOOR SPACE FOR URINAL, SEE DETAIL 25 ON SHEETAS.3 FOR ADDITIONAL INFORMATION 6 30" WIDE x 48" DEEP CLEAR FLOOR SPACE FOR RESTROOM FIXTURE, SEE DETAIL 16 ON SHEETAS.3 FORADDITIONAL INFORMATION TYPICAL DOOR CLEAR FLOOR SPACE, SEE DETAIL 20 ON SHEET AS.3 FOR ADDITIONAL INFORMATION WALL SCHEDULE TYPE FINISH 1 SUBSTRATE STUD SIZE SUBSTRATE FINISH 2 NOTES W.Al PAINT 518" TYPE'X' G.B. 6" METAL STUD - - W.A2 PAINT 518"TYPE'X'G.B. 6"METALSTUD 5/8"TYPE'X'G.B. PAINT W.A3 PAINT 518"TYPE'X'G.B. 6"METALSTUD 5/8" W.R.G.B. TILE W.A4 PAINT 518" TYPE'X' G.B. 6" METAL STUD 518" TYPE'X' G.B. F.R.P. W.A5 TILE 518" W.R.G.B. 6" METAL STUD - WAS TILE TILE 518" W.R.G.B. 6" METAL STUD 5/8" W.R.G.B. TILE W.A71 TILE I 518" W.R.G.B. 6" METAL STUD 518" TYPE'X' G.B. F.R.P. WAS F.R.P. 518" TYPE'X' G.B. 6" METAL STUD - WAS F.R.P. F.R.P. 518" TYPE'X' G.B. 6" METAL STUD 518" TYPE'X' G.B. F.R.P. W.Bi PAINT 518"TYPE'X'G.B. 3-518" METAL STUD - W.132 PAINT PAINT 518"TYPE'X'G.B. 3-518" METAL STUD 5/8"TYPE'X'G.B. PAINT W.B3 PAINT 518" TYPE'X' G.B. 3-518" METAL STUD 5/8" W.R.G.B. TILE W.134 PAINT 518"TYPE'X'G.B. 3-518"METAL STUD 518"TYPE'X'G.B. F.R.P. W.B5 TILE 518" W.R.G.B. 3-518" METAL STUD - - W.B6 TILE 518" W.R.G.B. 3-518" METAL STUD 5/8" W.R.G.B. TILE W.B7 TILE 518" W.R.G.B. 3-518" METAL STUD 518" TYPE'X' G.B. F.R.P. W.138 F.R.P. 518"TYPE'X'G.B. 3-518" METAL STUD - - W.B9 F.R.P. 518"TYPE'X'G.B. 3-518" METAL STUD 518"TYPE'X'G.B. F.R.P. W.C1 PAINT 518"TYPE'X'G.B. 2-112"FURRING CH. - - W.C2 TILE 5/8" W.R.G.B. 2-112" FURRING CH. - - W.C3 F.R.P. 518"TYPE'X'G.B. 2-1/2"FURRING CH. - - W.D1 PAINT 518"TYPE'X'G.B. 718"FURRINGCH. - - W.D2 TILE 518" W.R.G.B. 718" FURRING CH. - - W.D3 F.R.P. 518"TYPE'X'G.B. 7/8" FURRING CH. - - G.B. GYMSUM BOARD W.R.G.B. WATER RESISTENT GYMSUM BOARD W.R.M.L. CEMENT PLASTER OVER WIRE REINFORCED METAL LATH F.R.P. FIBERGLASS REINFORCED PLASTIC WALL PANEL NOTE: PROVIDE BATT INSULATION ATALL INTERIOR WALLS BETWEEN DINING, KITCHEN, & RESTROOMS. Fable and Spirit TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 PROJECT. OWNERRENANT. Mr. Darren Coyle 26342 Oso Parkway, Suite 103, Mission Viejo, CA 92691 PRINTED Kelsker RRR��/ M.U.P p �--j�e SUBMITTAL 14 DECEMBER 2017 U.P \Me V�\V/ g gl MM1 29 MARCH 2018 Architects? M.U.P.16APRIL 2018 REUB 02 26961 Camino de Estrella Suite 200, Capistrano Beach, California 92624 P. 949/388-1250 F. 949/388-2760 E. email CD kw-architects.com © Kelsker & Wiggle Architects, Inc, A copyright Is claimed on this unpublished material. No publication or further distribution is allowed without the written permission of Kelsker & Wiggle Architects, Inc. All rights reserved. SHEET Floor Plan A. 1 00 9 EXISTING FULL HEIGHT DEMISING WAL WITH 5/8" TYPE 'X'. GYP. BOARD; BETWEEN SUITES TO REMAIN. TYPICAL (E) LEASE SPACE (NOT A PART) I *N &M 10110 1 I VIA LIDO EXISTING CONCRETE CURB AND GUTTER ALL EXTERIOR DIMENSION SHOWN FOR REFERENCE ONLY, EXTERIOR IMPROVEMENT �BY LANDLORD UNDER SEPARATE SUBMITTAL r l oo r r l a n SCALE: 1/4" = 1'-0" SEATING CALCULATION INTERIOR (28+216+6+14+11) = 85 PATIO 20 TOTAL 105 E FLOOR PLAN NOTES Zoning Administrator- May 24, 2018 ITEM NO. 11 a - ADDITIONAL MATERIALS Fable and Spirit Restaurant Minor Use Permit (PA2018-006) 1. DO NOT SCALE PLANS. REFER TO DIMENSIONS. 2. DIMENSIONS ARE FROM FACE METAL STUD (NEW WALLS) OR FACE OF FINISH (EXISTING WALLS), UNLESS NOTED OTHERWISE. 3. ALL EXTERIOR DIMENSION SHOWN FOR REFERENCE ONLY, BUILDING SHELL AND EXTERIOR IMPROVEMENT BY LANDLORD UNDER SEPARATE SUBMITTAL. 4. THIS FLOOR PLAN HAS BEEN PREPARED FOR PLANNING SUBMITTAL ONLY. THIS PROJECT WILL COMPLY WITH ALL CODES LISTED ON TITLE SHEET FOR BUILDING PERMIT SUBMITTAL. ACCESSIBLE KEY NOTES 60" WIDE x 59" DEEP CLEAR FLOOR SPACE FOR FLOOR MOUNTED F-1 WATER CLOSET, SEE DETAILS 23 & 24 ON SHEET AS.3 FOR ADDITIONAL INFORMATION (SHOWN SHADED) 60" WIDE x 48" DEEP CLEAR FLOOR SPACE IN FRONT OF WATER 2❑ CLOSET, SEE DETAILS 23 & 24 ON SHEETAS.3 FOR ADDITIONAL INFORMATION $ 60" DIAMETER TURNING SPACE, SEE DETAILS 21 & 24 ON SHEETAS.3 FOR ADDITIONAL INFORMATION ®30" WIDE x 48" DEEP CLEAR FLOOR SPACE FOR LAVATORY, SEE DETAIL 25 ON SHEETAS.3 FOR ADDITIONAL INFORMATION ai30" WIDE x 48" DEEP CLEAR FLOOR SPACE FOR URINAL, SEE DETAIL 25 ON SHEETAS.3 FOR ADDITIONAL INFORMATION 6 30" WIDE x 48" DEEP CLEAR FLOOR SPACE FOR RESTROOM FIXTURE, SEE DETAIL 16 ON SHEETAS.3 FORADDITIONAL INFORMATION TYPICAL DOOR CLEAR FLOOR SPACE, SEE DETAIL 20 ON SHEET AS.3 FOR ADDITIONAL INFORMATION WALL SCHEDULE TYPE FINISH 1 SUBSTRATE STUD SIZE SUBSTRATE FINISH 2 NOTES W.AI PAINT 518" TYPE'X' G.B. 6" METAL STUD - - W.A2 PAINT 518"TYPE'X'G.B. 6"METALSTUD 5/8"TYPE'X'G.B. PAINT W.A3 PAINT 518"TYPE'X'G.B. TMETALSTUD 5/8" W.R.G.B. TILE W.A4 PAINT 518" TYPE'X' G.B. 6" METAL STUD 518" TYPE'X' G.B. F.R.P. WAS TILE 518" W.R.G.B. 6" METAL STUD - - W.A6 TILE 518" W.R.G.B. T METAL STUD 5/8" W.R.G.B. TILE W.A71 TILE I 518" W.R.G.B. 6" METAL STUD 518" TYPE'X' G.B. F.R.P. WAS F.R.P. 518" TYPE'X' G.B. 6" METAL STUD - - W.A9 F.R.P. 518" TYPE'X' G.B. 6" METAL STUD 518" TYPE'X' G.B. F.R.P. W.Bi PAINT 518"TYPE'X'G.B. 3-518" METAL STUD - W.132 PAINT PAINT 518"TYPE'X'G.B. 3-518" METAL STUD 5/8"TYPE'X'G.B. PAINT W.133 PAINT 518" TYPE'X' G.B. 3-518" METAL STUD 5/8" W.R.G.B. TILE W.134 PAINT 518"TYPE'X'G.B. 3-518"METAL STUD 518"TYPE'X'G.B. F.R.P. W.B5 TILE 518" W.R.G.B. 1 3-518" METAL STUD - W.136, TILE TILE 518" W.R.G.B. 3-518" METAL STUD 5/8" W.R.G.B. TILE W.B7 TILE 518" W.R.G.B. 3-518" METAL STUD 518" TYPE'X' G.B. F.R.P. W.138 F.R.P. 518"TYPE'X'G.B. 3-518" METAL STUD - W.139 F.R.P. F.R.P. 518"TYPE'X'G.B. 3-518" METAL STUD 5/8"TYPE'X'G.B. F.R.P. W.C1 PAINT 518"TYPE'X'G.B. 2-112"FURRING CH. - - W.C2 TILE 5/8" W.R.G.B. 2-112" FURRING CH. - - W.C3 F.R.P. 518"TYPE'X'G.B. 2-1/2"FURRING CH. - - W.D1 PAINT 518"TYPE'X'G.B. 718"FURRINGCH. - - W.D2 TILE 518" W.R.G.B. 718" FURRING CH. - - W.D3 F.R.P. 518"TYPE'X'G.B. 7/8" FURRING CH. - - G.B. GYMSUM BOARD W.R.G.B. WATER RESISTENT GYMSUM BOARD W.R.M.L. CEMENT PLASTER OVER WIRE REINFORCED METAL LATH F.R.P. FIBERGLASS REINFORCED PLASTIC WALL PANEL NOTE: PROVIDE BATT INSULATION ATALL INTERIOR WALLS BETWEEN DINING, KITCHEN, & RESTROOMS. Fable and Spirit TENANT IMPROVEMENT 3441 Via Lido, Newport Beach, CA 92663 PROJECT. OWNERRERANT. Mr. Darren Coyle 26342 Oso Parkway, Suite 103, Mission Viejo, CA 92691 PRINTED Kelsker M.U.P A p �--(`e SUBMITTAL 14 DECEMBER 2017 U.P g gl Me MM1 29 MARCH 2018 Architects? M.U.P.16APRIL2018 RE -SUB #2 26961 Camino de Estrella M.U.P. RE -SUB #3 21 MAY 2018 Suite 200, Capistrano Beach, California 92624 P. 949/388-1250 F. 949/388-2760 E. email CD kw-architects.com © Kelsker & Wiggle Architects, Inc, A copyright Is claimed on this unpublished material. No publication or further distribution is allowed without the written permission of Kelsker & Wiggle Architects, Inc. All rights reserved. SHEET Floor Plan Am 1 00