HomeMy WebLinkAbout704 E BAY AVE704 E Bay Ave
APPLICATION FOR "APOVAL IMCONCEFI" k NO.010
CITY OF NEWPORT BEACH FEE: alo
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application
to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and
13211.
Property Address: 7 O Y L �/f A!/C .
General Description of Proposed Development: 1 2 %r
I
Applicant's Mailing Address:
r /'G. , / / it/
Applicant's Telephone
2.
- 3783
DO NOT COMPLETE APPLICATION BELOW THIS LINE
The I have reviewed the plans for the foregoing development including:
and find
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered in the
application;
They comply with the current adopted City of Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or
XThat a SC GV km r f 0 3 S5 v has been approved and is final
A copy of any variance, site plan review, resubdivision, use permit, or other issued permit is attached
together with all conditions of approval and all approved plans including approved tentative tract maps.
On the basis of this finding, these plans are approved in concept, and said approval has been written upon
site plans, signed and dated.
Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other
regulations in any manner that would affect the use of the property or the design of a project located
thereon, this approval in concept shall become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act of 1970, and state and local guidelines
adopted thereunder, this development:
• Has received a final Exemption Declaration or final Negative Declaration (copy attached).
XHas been determined to be ministerial or categorically exempt.
• Has received a final Environmental Impact Report (copy Attached).
All discretionary approval legally required of this City prior to issuance of a building permit have been
given and are final. The development is not subject to rejection in principal by this City unless a
substantial change in it is proposed.
This concept approval in no way excuses the applicant from complying with all applicable policies,
ordinances, codes, and regulations of this City.
Date: 4 ' 7,5 • PLANNING DEPARTMENT
Attachments: JAMES D. HEWICKER, Director
By /r
NOTE: No building permit will be issued until approval is received from C.C.C.
WP511PLANNINGIDARLEEN\FORMSWPRLCONP.DOC /T !I fv/
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APPLICANT: Newport Harbor Nautical Museum, Irvi
OWNER: The Irvine Company, Irvine
James Hewicker, Planning Director, st that the applicant requested that
the subject application be conti to the Planning Commission meeting
of May 4, 1995, to giv a applicant additional time to submit further
information to the .ng staff.
tion
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Motio as made and voted on to continue Use Permit No. 3551 to the
es
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y 4, 1995, Planning Commission meeting. MOTION CARRIED.
sent
Use Permit No. 3552 (Public Hearing)
item No.
Request to permit the establishment of a take-out, walk-up, food
UP3552
establishment on property located in the SP-8 (RSC) District in the Central
Approved
Balboa Specific Plan Area.
LOCATION: Lot 3, Block 9, Balboa, and Lot 3 Block G, Bay
Front Section, located at 704 East Bay Avenue, on
the northerly side of East Bay Avenue, between
Washington Street and Main Street, in Central
Balboa.
ZONE: SP-8 (RSC)
APPLICANT: V. A. Panaia, Irvine
OWNER: Kent Maddy, Newport Beach
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James Hewicker, Planning Director, stated that it was staff's opinion that
the take-out establishment would not detract from the ambiance of the Fun
Zone atmosphere.
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The public hearing was opened in connection with this item, and Mr.
Vincent Panaia, Irvine, appeared before the Planning Commission. He
concurred with the findings and conditions in Exhibit "A".
In response to a question posed by Commissioner Ridgeway, Mr. Panaia
replied that there are no similar food establishments in the County with the
exception of the Orange County Fair and special events. The roasted corn
would be roasted and housed in a small trailer that would be located on
approximately 100 square feet on a vacant parcel of land.
Commissioner Brown stated that inasmuch as the take-out establishment
would be located in the Central Balboa Business District and that it is an
unusual request, that the application be referred to the Balboa Merchant,
tion
*
Owners Association Business Improvement Advisory Board for their
review, and their review bg incorporated into the Planning Commission's
action.
Commissioner Ridgeway stated that the recommendation would be an
unreasonable layer of bureaucracy.
There being no others desiring to appear and be heard, the public hearing
was closed at this time.
Motion was made to approve Use Permit No. 3552 subject to the findings
and conditions in Exhibit "A".
Substitute motion was made to refer the application to the Business
tion
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Improvement District Board of the Balboa Merchant Owners Association,
and to request that the Board review the issue expeditiously. The substitute
motion was based on the fact that the subject use would be temporary and
that improvements would be involved.
Robin Clauson, Assistant City Attorney, questioned if the Business
Improvement District Board would have power over the use permit
decision, and if the Board was designated with review power by the City
Council. She said that the Board would have been notified of the subject
application, and they would have responded if there were any concerns
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regarding the request. The establishment is in compliance with the Central
Balboa Specific Area Plan.
Director Hewicker stated that the landlord, the lessor, and the tenant of the
subject site are located in the Central Balboa area, and if it is the desire of
the Planning Commission to notify all of the Business Improvement
Districts in the City, and the Economic Development Committee prior to
the time that the applications are reviewed by the Planning Commission
then it could be done, however, the original intent of the Economic
Development Committee was to expedite the processing of discretionary
pennits. All of the property owners within 300 feet of the subject site
would have been notified of the subject request. Director Hewicker
explained that inasmuch as there is a 14 day appeal period before the
applicant can submit the application to the Coastal Commission, and the
Coastal Commission review time is approximately 45 days, that it is
possible that the take-out restaurant would not be permitted to open until
the middle of the summer if the application would be sent to the Business
Improvement District for review.
Commissioner Di Sano supported the original motion on the basis that if
there would be concerns, the use permit could be appealed to the City
Council for review. He addressed the time frame that would be involved if
the request would be reviewed by the Business Improvement District
Board.
Chairman Gfford requested that notice be provided to the Business
Improvement Districts of use permits that are pending within the Districts.
_
She said that the public hearing was clearly posted, and it is incumbent that
the Association be involved in the community, but she did not make an
exception that the request be sent back to the BID for their review.
Sub
Commissioner Brown withdrew the aforementioned substitute motion.
Motion
Withdrawn
Motion was voted on to approve Use Permit No. 3552, subject to the
Ayes
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findings and conditions in Exhibit "A". MOTION CARRIED.
No
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Absent
FINDINGS:
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1. That the proposed development is consistent with the Land Use
Element of the General Plan and the Local Coastal Program, Land Use
Plan, and is compatible with the surrounding land uses.
2. That the design of the proposed outdoor take-out, walk-up food
establishment is consistent with the Design and Development
Guidelines, as set forth in Section 20.65.025 of the Municipal Code
related to Design Theme, Architectural Theme and Streetscape; by
promoting a visually appealing structure; creating visual interest and a
_
pedestrian scale along the bay front with a harmonious relationship
between buildings, and enhancing the visual quality of Central Balboa;
3. That the project will not have any significant environmental impact.
4. That adequate parking is available on -site to accommodate the
proposed facility and the existing use.
5. That the proposed outdoor take-out restaurant establishment, as
limited by the following conditions of approval, will not impede
pedestrian or traffic circulation within the subject property.
6. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through or use
of property within the proposed development.
7. That the operator of the food service use will be responsible for the
clean-up of all on -site and off -site trash, garbage andlittergenerated by
the use.
8. That the approval of Use Permit No. 3552 will not, under the
circumstances of this case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing and
working in the neighborhood, or be detrimental or injurious to
property and improvements in the neighborhood or to the general
welfare of the City.
CONDITIONS:
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1. That development shall be in substantial conformance with the
approved plot plan, material details and elevations, with a
maximum footprint of 108 square feet, except as noted below.
2. That no patron seating and dining area shall be permitted in
conjunction with this outdoor food establishment and any
introduction of tables and chairs will require an amendment to the
use permit.
3. That the hours of operation shall be limited between the hours of
6:00 a.m. and 12:00 midnight, daily, and that any increase in hours
shall be subject to the approval of an amendment to this use permit.
4. That trash receptacles for patrons shall be located in convenient
locations in and around the proposed facility.
5. That all signs shall conform to the provisions of Chapters 20.06
and 20.65.630 G of the Municipal Code, as applicable.
6. That no temporary "sandwich" signs or similar temporary signs
shall be permitted, either on -site or off -site, to advertise the food
establishment.
7. That all mechanical equipment and trash areas shall be screened
from East Bay Avenue and the public right-of-way along the bay,
and adjoining properties.
8. That trash generated by the subject facility shall be screened from
view from adjoining properties except when placed for pickup by
refuse collection agencies.
9. That the operator of the food service use shall submit a practical
program for monitoring and implementing the clean-up of the site
and adjacent areas to the Planning Department prior to
implementation.
10. That all cleaning and preparation of inventory to include the
storage of com and other food merchandise, shall be located so as
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to be screened from view of neighboring commercial properties
and from East Bay Avenue and the public walkway along the bay.
Should such activities be conducted out of doors of the enclosure
and a problem arise (as determined by the Planning Department)
the activities will then be relocated to within one of the neighboring
commercial buildings or be enclosed by a similar structure as
approved with this application.
11. That the disposal of any debris or water shall not impede or litter
the public sidewalks or curb and gutters on East Bay Avenue and
the public walkway. Any discarded water or other refuse shall be
appropriately disposed to prevent impacting the public right-of-way
sidewalks.
12. That restrooms within the adjoining commercial building shall be
available for use by the customers and employees of the proposed
establishment during operating hours, and appropriate signs
directing patrons shall be provided.
13. That a minimum of two independently accessible parking spaces
shall be provided on -site for the employees of the proposed
outdoor food service facility and the other permitted use located on
site.
14. That the proposed chain -link fence enclosure shall be covered with
fabric panels or other material to be approved by the Planning
Director.
15. That all provisions of the Uniform Building Code shall be
maintained.
16. That no outdoor sound system, loudspeakers or paging system
shall be permitted.
17. That the Planning Commission may add to or modify conditions of
approval to this use permit, or recommend to the City Council the
revocation of this use permit upon a determination that the
operation which is the subject of this amendment causes injury, or
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is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
18. That this use permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090 A of
the Newport Beach Municipal Code.
Variance No. No. 1202(Continued Public Hearing) Hearing)
item N
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Planning Commission Meeting April 6. 1995
Agenda Item No. 4
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No 3552 (Public Hearing)
Request to permit the establishment of a take-out, walk-up, food establishment
on property located in the SP-8 (RSC) District in the Central Balboa Specific
Plan Area.
LOCATION: Lot 3, Block 9, Balboa, and Lot 3 Block G, Bay Front Section, located at 704
East Bay Avenue, on the northerly side of East Bay Avenue, between
Washington Street and Main Street, in Central Balboa.
ZONE: SP-8 (RSC)
APPLICANT: V. A Panaia, Irvine
OWNER: Kent Maddy, Newport Beach
Application
This application involves a request to permit the establishment of a take-out, walk-up, food
establishment on property located in the SP-8 (RSC) District in the Central Balboa Specific Plan Area.
In accordance with Table 20.65 of the Municipal Code, take-out restaurants and outdoor sales are
permitted uses in the SP-8 (RSC) District, subject to the securing of a use permit in each case. Also in
accordance with Table 20.65, temporary uses (in this case seasonal) are permitted in the SP-8 (RSC)
District subject to the securing of a use permit in each case. Use permit procedures are outlined in
Chapter 20.80 of the Municipal Code
Environmental Si ' cance
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures).
Conformance with the General Plan and the Local Coastal Program. Land Use Plan
The Land Use Element of the General Plan and the Land Use Element of the Local Coastal Program
designate the site for "Retail and Service Commercial' uses. An outdoor take-out restaurant
establishment is considered a support retail use, a permitted use within this designation. The Land Use
Element has also established area specific land use policies throughout the City. These "area" policies
set a site -by -site floor area ratio (F.A.R.) development limit of 0.5/0.75..The existing structure located
0
TO: Planning Commission 2.
on the subject property contains approximately 232 square feet of commercial use, on a site area of
3,000 square feet with a resultant commercial FAR of 0.081.
Inasmuch as the subject property is in the Coastal Zone and this item is discretionary, Coastal
Commission approval will be required prior to implementation.
•
It should also be noted that the proposal involves the addition of retail commercial area, a base FAR
use, to an existing property, which increases the weighted floor area ratio by 180E sq.ft., based on the
particular uses which occupy the subject property. Given that the application is for the establishment of
an outdoor, take-out restaurant use where the property is nearly vacant, the F.A.1L weighted
development square footage of 4121 sq.ft. (0.14t FAR) does not exceed the base development
allocation of 1,500E square feet, and so the proposal is consistent with the Land Use Element policies
and guidelines and Section 20.07 (F.A.R Ordinance) of the Municipal Code.
,Subject Proper and Surrounding Land Uses
The subject property is currently developed with a commercial tenant space which is attached to the
neighboring commercial building and a related off-street parking spaces. The parking spaces are not
formally allocated to any particular building and therefore all but one space, required for the
sunglasses/souvenir shop, is surplus parking. To the northwest and northeast is `Balboa Beach Treats"
and the Newport Bay beyond; to the east, is an arcade; to the south, across East Bay Avenue, is a
commercial building and a Municipal parking lot; and to the west, is an arcade and commercial uses
along the public right-of-way/bay front commercial strip.
The proposed freestanding outdoor take-out food restaurant will be located on one of the interior lots
and its parking spaces and access from East Bay Avenue are shared with the adjoining commercial
uses.
The applicant proposes to establish an outdoor walk-up food service facility specializing in the service
of roasted corn. The applicant has provided photographs and plans attached for Commission's review,
depicting the roasting apparatus which is housed in a small trailer which will be transported to the site,
possibly on a daily basis. The applicant also proposes to construct a freestanding outdoor chain -link
fence enclosure with fabric panels and cover measuring 9 feet by 12 feet and approximately 8 feet 4
inches high (essentially a IOU sq.ft chain link cage structure) with a 2 to 3 foot canopy overhang
which will extend toward the public walkway. The structure will be used for security reasons to store
the cooling oven and other paraphernalia. The applicant has indicated that an employee will typically
be stationed at the cart at all times, except at high volume times when a second employee may assist
during certain holidays and the summer months. The proposed hours of operation of the facility is
contemplated to be from 11:00 a.m, to dusk Monday through Saturday (seasonal operation with
probable closure in the off-season, winter months. Restroom facilities will be provided on the adjoining
property.
The Public Works Department has expressed concern that the proposed facility may impair the
pedestriancirculation if the be of patrons are allowed to extend into the public right-of-way adjacent
TO: Planning Commission 3.
to the bay.. The applicant has been apprised of the concerns and has expressed a willingness to locate
the structure so as not to impair pedestrian access or circulation. The proposed structure will be
located at least 3 feet behind the subject public pedestrian walk.
Building Department Concerns
The Building Department has concerns with regard to Fire Code requirements, which require that the
top of the proposed enclosure not extend any closer than 3 feet from the top of the adjacent
commercial building parapet wall and a minimum of 10 feet from any opening (door or window) of the
neighboring commercial buildings. The applicant was made aware of these requirements and stated he
will comply with those requirements.
Off -Street Parking Requirement
There are currently 8 parking spaces striped on the subject property. Those spaces may not meet City
of Newport Beach parking standards; however, inasmuch as they are not allocated to any particular
use, except for the existing souvenir shop which requires one of the spaces, the proposed facility will be
adequately accommodated by the on -site parking.
There is no specific parking requirement for the proposed type of use; however, staff is of the opinion
that the parking requirement as applies to specialty food service uses is most appropriate in this case.
Based on a retail parking requirement for the existing souvenir shop on the subject property, 1 parking
space (232f sq.ft. _ 250 sq.ft. = 0.93 or 1 parking space) is required. The parking requirement for the
proposed outdoor take-out food service facility is 1 parking space (108 sq.ft. = 250 gross sq.ft. = 0.4
or 1 parking space). The applicant is of the opinion that one parking space for the proposed facility
and one parking space for the existing souvenir shop is adequate, based on one space for each
employee, staff concurs with this assessment.
Parking Lot Accessibility
The existing parking lot access is currently limited by a gate and fence at East Bay Avenue, and staff is
recommending that all the required parking remain available and accessible during the operating hours
of the subject facility
Awning Sign Request
In accordance with Section 20.65.030 G 3 of the Municipal Code, Central Balboa Specific Plan Area,
signs may be placed on the outer face of an awning, canopy, or shade if they are made a part thereof
and do not exceed thirty percent (30%) of the exposed surface area; shall be constructed of
non-combustible frames and shall consist of an opaque fabric, tested and classified as nonflammable;
and shall be illuminated from exterior lighting sources only. The applicant has been advised of these
requirements and has indicated he will comply.
Specific Findings
Section 20.80.060 of the Municipal Code provides that in order to grant any use permit, the Planning
Commission shall find that the establishment, maintenance or operation of the use or building applied
for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace,
T0: Planning Commission 4.
morals, comfort and general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the city.
Section 20.65,030 B requires that, in addition to the findings established in Chapter 20.72, the
Modifications Comtnittee, Planning Commission, or City Council, as the case may be, shall make
special finding and condition in the approval of drive-in, take-out or specialty food service uses. The
appropriate finding and condition have been incorporated into the attached Exhibit " A".
Should the Planning Commission wish to approve this application as proposed, appropriate findings
and conditions are set forth in Exhibit "A". Should the Planning Commission wish to deny this
application, the findings set forth in the attached Exhibit "B" are provided.
PLANNiNGDEPARTMENT
JAMES D. BEWICKER, Director
By —
AVMR S. GAIMA
SeniorPlanner
Attachments: Exhibit "A"
Exhibit "B"
Mcudty Map
Letter from the Applicant Describing the Operation, Elevations, Photographs
of Type of Proposed Structure, Assessors Location Map, Photographs of
Roaster, Plot Plan, Photographs of Vicinity Around the Subject Property
and Floor Plan.
F.�..kLTP rs'nrnxE-Ovnvr355z.Doc
TO: Planning Commission 5.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO.3552
FINDINGS:
a
1. That the proposed development is consistent with the Land Use Element of the General Plan and
the Local Coastal Program, Land Use Plan, and is compatible with the surrounding land uses.
2. That the design of the proposed outdoor take-out, walk-up food establishment is consistent with
the Design and Development Guidelines, as set forth in Section 20.65.025 of the Municipal Code
related to Design Theme, Architectural Theme and Streetscape, by promoting a visually appealing
structure; creating visual interest and a pedestrian scale along the bay front with a harmonious
relationship between buildings; and enhancing the visual quality of Central Balboa;
3. That the project will not have any significant environmental impact.
4. That adequate parking is available on -site to accommodate the proposed facility and the existing
use.
5. That the proposed outdoor take-out restaurant establishment, as limited by the following
conditions of approval, will not impede pedestrian or traffic circulation within the subject property.
6. That the design of the proposed improvements will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
7. That the operator of the food service use will be responsible for the clean-up of all on -site and off -
site trash, garbage and litter generated by the use.
8. That the approval of Use Permit No. 3552 will not, under the circumstances of this case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons
residing and working in the neighborhood, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance with the approved plot plan, material
details and elevations, with a maximum footprint of 108 square feet, except as noted below.
2. That no patron seating and dining area shall be permitted in conjunction with this outdoor food
establishment and any introduction of tables and chairs will require an amendment to the use
pemut.
3. That the hours of operation shall be limited between the hours of 6:00 a.m. and 12:00
midnight, daily, and that any increase in hours shall be subject to the approval of an amendment
to this use permit.
TO: Planning Commission 6.
4. That trash receptacles for patrons shall be located in convenient locations in and around the
proposed facility.
5. That all signs shall conform to the provisions of Chapters 20.06 and 20.65,030 G of the
Municipal Code, as applicable. 0
6. That no temporary "sandwich" signs or sinrilar temporary signs shall be permitted, either on -
site or off -site, to advertise the food establishment.
7. That all mechanical equipment and trash areas shall be screened from Bast Bay Avenue and the
public right-of-way along the bay, and adjoining properties.
8. That trash generated by the subject facility shall be screened from view from adjoining
properties except when placed for pickup by refuse collection agencies.
9. That the operator of the food service use shall submit a practical program for monitoring and
implementing the clean-up of the site and adjacent areas to the Planting Department prior to
implementation.
10. That all cleaning and preparation of inventory to include the storage of corn and other food
merchandise, shall be located so as to be screened from view of neighboring commercial
properties and from Bast Bay Avenue and the public walkway along the bay. Should such
activities be conducted out of doors of the enclosure and a problem arise (as determined by the
Planning Department) the activities will then be relocated to within one of the neighboring
commercial buildings or be enclosed by a similar structure as approved with this application.
11. That the disposal of any debris or water shall not impede or litter the public sidewalks or curb
and gutters on Bast Bay Avenue and the public walkway, Any discarded water or other refuse
shall be appropriately disposed to prevent impacting the public right-of-way sidewalks.
12, That restrooms within the adjoining commercial building shall be available for use by the
customers and employees of the proposed establishment during operating hours, and
appropriate signs directing patrons shall be provided,
13. That a minimum of two independently accessible parking spaces shall be provided on -site for
the employees of the proposed outdoor food service facility and the other permitted use
located on site.
14. That the proposed chain -link fence enclosure shall be covered with fabric panels or other
material to be approved by the Planning Director.
15. That all provisions of the Uniform Building Code shall be maintained.
16, That no outdoor sound system, loudspeakers or paging system shall be permitted.
17, That the Planning Commission may add to or modify conditions of approval to this use permit,
or recommend to the City Council the revocation of this use permit upon a determination that
.r • •
TO: Planning Commission 7.
the operation which is the subject of this amendment causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare of the community.
18. That this use permit shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.80.090 A ofthe Newport Beach Municipal Code
0
TO: Planning Commission 8.
EX1 rr „B"
FINDINGS FOR DENIAL OF
USE PERMIT NO.3552
1. That the proposed freestanding outdoor food establishment can easily be located within oneof
the existing buildings in the neighborhood, as a typical specialty food use, and represents an
intensification of use that will result in an increased parking demand for the area.
2. That approval of the request to allow an outdoor take-out food service will create problems
which may affect traffic circulation and pedestrian traffic.
3. That the design of the proposed outdoor take-out restaurant facility is not consistent with the
Design and Development Guidelines, as set forth in Section 20.65.025 of the Municipal Code
related to Design Theme, Architectural Theme, Streetscape and Landscaping; by promoting a
visually unappealing structure; not creating visual interest does not enhance the visual quality of
Central Balboa; nor provides any landscaping to complement the architectural design.
4. That the approval of Use Permit No. 3552 will, under the circumstances of this case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing
or working in the neighborhood or to the general welfare of the City.
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STATE OF CALIFORNIA-�-THE RESOURCES AGENCY PETE WILSON, Gowmar
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 W. BROADW , STE. 380
P.O. BOX 1450 2 1
LONG BEACH, CA .4416
(310) 5M5071
Date: 6-20=95
Permit No. 5-95-102
Please be advised that the Administrative Permit with the above
permit number which was sent to you on June 2. 1995 and was
reported to the Commission on June 16. 1995 is now fully
effective. Development of your project is subject to compliance
with all terms and conditions specified in the Administrative Permit.
Should you have any questions please contact our office.
PETER M. DOUGLAS
Executive Director
By:
Title: S aff Ana st
132: 4/88
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STATE OF CALIFORNIA—THE RESOURCES AGENCY
PETE WILSON, Gommor
CALIFORNIA COASTAL COMMISSION Page 1 of 4
SOUTH COAST AREA Permit Application No. 5-95-102
245 W. BROADWAY, STE. 380 Date June 1. 1995
P.O. BOX 1450
LONG BEACH, CA 90802.4416
(310) 5M5071 ADMINIST
APPLICANT: Vincent A. Panaia (d.b.a. The Kountry Korn Roast)
PROJECT DESCRIPTION: Construction of a 9 foot wide, 12 foot long, and 9
foot high movable chain link fence enclosure to house a trailerable corn
:roasting oven and related equipment for "take-out" roasted corn. The
-enclosure would be located on one of 9 existing on -site parking spaces.
Restriping of the remaining 8 on -site parking spaces to create a
replacement space to maintain a total of 9 spaces (no net loss of parking
spaces).
PROJECT LOCATION: 7D4 East Bay Avenue, City of Newport Beach, County of
Orange
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and
for any special conditions, appear on subsequent pages.
19M: P.R.C. Section 30624 provides that this permit shall not become
effective until it is reported to the Commission at its next meeting. If
one-third or more of the appointed membership of the Commission so
request, the application will be removed from the administrative calendar
and set for public hearing at a subsequent Commission meeting. Our office
will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Friday, June 16, 1995 at 9:00 a.m.
Carmel Mission Inn
3665 Rio Road, Carmel (408) 624-1841
Pursuant to 14 Cat. Admin. Code Sections 13150(b) and 13158, you must sign the
enclosed duplicate copy acknowledging the permit's receipt and accepting its
contents, including all conditions, and return it to our office. Following
the Commission's meeting, and once we have received the signed acknowledgement
and evidence of compliance with all special conditions, we will send you a_
Notice of Administrative Permit Effectiveness.
PETER DOUGLAS
Executive
MISSION ACYION � w � �G
r �p�� � ^ ve ve Director
APP1,0113d nr; FerFmnl n;�R�'
�1 �?e.r,,�,!� : S S�C•t!`�1:—,,11Yi:t!:{i B
f A�,�"zt'`>�"`°.o'`t� "d>c,o:•• Title: Staff Analyst
ui. il�G:y1 1
Administrative Coastal Development Permit 5-95-102 (Panaia)
Page 2 of 4
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy, of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration, If development has not commenced, the permit will expire two
years from the date this permit is reported to the Commission. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the
expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition
will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and
the project during its development, subject to 24—hour advance notice,
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
The Executive Director hereby determines that the proposed development is a
category of development which, pursuant to PRC Section 30624, qualifies for
approval by the Executive Director through the issuance of an administrative
permit. Subject to Standard and Special Conditions as attached, said development
is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will
not prejudice the ability of the local government to prepare a Local Coastal
Program that is in conformity with the provisions of Chapter 3, and will not have
any significant impacts on the environment within the meaning of the California
Environmental Quality Act.
The applicant is proposing to construct a 9 foot wide, 12 foot long, and 9 foot
high, movable chain link fence enclosure to provide secure storage for a
trailerable corn roasting oven and related equipment for "take—out" roasted corn.
The enclosure would be located on one of 9 existing on —site parking spaces. The
applicant is also proposing to restripe the remaining a on —site parking spaces to
create a replacement parking space to maintain a total of 9 on —site parking spaces.
Administrative Coastal Development Permit 5-95-102 (Panaia)
Page 3 of 4
,
Section 30252 of the Coastal Act states, in part:
The location and amount of new development should maintain and enhance public
access to the coast by: (4) providing adequate parking facilities or
providing substitute means of serving the development with.public
transportation.
The provision of adequate on —site parking for private uses is necessary to
maintain and enhance public access to the coastal zone. The proposed enclosure
would not generate an independent parking demand of its own, since most customers
would be in the area already due to the site's location in an area of heavy
pedestrian traffic. Further, the product range of the corn roasting oven to be
housed in the proposed enclosure is limited and thus would not be a destination
food operation.
However, the proposed enclosure would be located on an existing parking space.
The applicant is proposing to restripe the remaining parking spaces in a manner
that will create a replacement parking space, for no net loss of parking spaces.
The Executive Director determines that the proposed enclosure would not result in
significant adverse impacts to coastal access if the parking space eliminated by
the proposed enclosure is replaced. Therefore, the proposed restriping of the
parking spaces must take place prior to commencement of construction of the
proposed enclosure so there would be no interim loss of a parking space (which
would result in adverse impacts to coastal access) during the construction period.
For this reason, the permit is being conditioned
to construction of the proposed enclosure. Thus,
Director determines that the proposed development
of the Coastal Act.
AM Me. 199-MM
to restripe the parking lot prior
as conditioned, the Executive
is consistent with Section 30252
The proposed development has been conditioned for consistency with Section 30252
of the Coastal Act regarding parking. Therefore, the Executive Director
determines that, as conditioned, the proposed development would not prejudice the
ability of the City of Newport Beach to prepare a certified local coastal program
consistent with the Chapter 3 policies of the Coastal Act, as required by Section
30604(a) of the Coastal Act.
Section 13096 of the California Code of Regulations requires Commission approval
of a coastal development permit application to be supported by a finding showing
the application to be consistent with any applicable requirements of the
California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA
prohibits a proposed development from being approved if there are feasible
alternatives or feasible mitigati'on measures available which would substantially
lessen any significant adverse impact which the development may have on the
environment.
Administrative Coastal Development Permit 5-95-102 (Panaia)
Page 4 of 4
Finsir-M, F11 1 .,
The proposed development hat been conditioned so that the parking space which
would be eliminated as a result of the proposed development is replaced prior to
construction of the proposed development. As conditioned, there are no feasible
alternatives or feasible mitigation measures available which would substantially
lessen any significant adverse impact which the activity may have on the
environment. Therefore, the Executive Director determines that the proposed
project, as conditioned, can be found consistent with the requirements of the
CoaStAl Act to conform to CEQA.
MMMMETWIMIMACT-01
Prior to commencement of construction of the fence enclosure, the applicant shall
restripe the parking lot consistent with the plans approved by the Executive
Director and shown in Exhibit 8 which provides nine parking spaces.
. 1 �U �1rY 1 � I Y • 1 � � 1
I/We acknowledge that I/we have received a copy of this permit and have accepted
its contents including all conditions.
Applicant's Signature
4484f:jta
Date of Signing
MPYRI&fr 1992 A,20-5261
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Y EXHIBIT A
Application Number
5-95-102
Vicinity Map
Page T of 1
Callfomla Coastal Commisslon
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VINCENT A. PANAIA
20 Gold Bluff
Irvine, California 92714
--- (714) 552-3783-------------------------------- -......................................
W.4857-6048
................
FAXO
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........... -------------------...............................................................
May 23,1995
iR I cloy RFD
California Coastal Commission
South Coast Area MAY 2 31995
245 W. Broadway, Ste, 380
Long Beach, CA 90802-4416 CALIFORNIA
COASTAL COMMISSION
Attn: John T. Auyong zOIiTH COAST DISTRit"
Re: Kountry Korn Roast, Coastal Development Permit Application 5.95.102,
Amendment to Application
Dear Mr. Auyong:
Enclosed find the letter of commitment from my lessor, Dir Kent Maddy, to re -align
the parking stalls at 704 East Bay Avenue, Newport Beach, CA, in such a manner so as
to retain the same number of parking spaces as currently exists, and still account for
the installation of the corn roasting enclosure.
As mentioned in the original application, there is only one tenant at 702 a Bay
requiring one stall, one employee in the curio shop assigned a stall, and one stall
rented to a third party. Thus only three of the current stalls are assigned. There are
no restaurants or other businesses necessitating parking for customers (just as the
corn roast will also = require customer parking), these businesses rely on foot
traffic already moving along the sidewalk area.
If you have further questions, please don't hesitate to contact me. Thank you very
much for your early assistance in this matter.
Since ely,
V.A. Panaia
Applicant
EXHIBIT B
ApplloRtiort Number
5.95-102
Restriping Plan
Page 1 of 3
California Coastal Commioion
CONCUR:
ent Maddy,
KENT MADDY
706 East Bay Avenue
Newport Beach, CA 92661
May 23, 1995
The Kountry Korn Roast
Attn: V.A. Panaia
20 Gold Bluff
Irvine, CA 92714
Re: The Kountry Korn Roast; Coastal Development Permit Application 5-95-102
Dear Vince:
This is to confirm my concurrence to your referenced application for a permit to go ahead with
the corn roasting project and our lease arrangement therefor.
To accommodate any concern over parking considerations, I will proceed with re -lining of the
parking stalls at 704 East Bay Avenue; Newport Beach, CA. according to the attached exhibits
(Exhibit A, Current Parking Stalls; and Exhibit B, Proposed Parking Stalls). Since the current
stalls were created some time ago, such stalls are made to a width of approx. 10 ft., 6 inches.
The current permissible parking width, according to the Newport Beach Planning Department,
is 8 ft., 6 inches. Re -striping to the regulation width will allow for nine parking stalls (the
same as currently at the site) and still allow room for the corn roasting enclosure.
I trust this will satisfy all government agencies as to the parking issues involved in approving
the application for permit.
We are looking forward to the early installation of the corn roasting stand, and wish you success
in this endeavor.
Sincerely
22ce4z'
Kent Maddy
(leaseholder at 704 E. Bay Avenue)
NAY 2,5
EXHIBIT B
Application Number
5-95-102
Restriping Plan
Page 2 of 3
Califomia Coastal Commission
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Application Number
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Restriping Plan
Page 3 of 3
CalHornla Coastal Comtnlaalon
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FRESH KOASTED CORN CONCESSIONAIRE
June 29, 1995
California Coastal Commission
South Coast Area
Attn: ' John Auyong t _
245 W. 'Broadway,, Suite 380
P.O. Box 1450
Long Beach, CA 90802-4416
Re: Permit No. 5-95.102
DAar Mr. Auyong: ,
Enclosed find photos, of the re -striped lot pursuant to the condition required by referenced
Permit No. 5-95-102.
The leading photo has been marked to indicate the location of the roasting area to be Immediately
in front of the parked vehicle used in the photo to illustrate the ease of parking. The camera
position made it difficuitto show the entire roasting area,. however. The main purpose of the
photos, however, Is to show that the re -'•strip nalhas allowed for no loss of parking as a result of
accommodating the corn stdnd.
Thank you for your very helpful assistance in the process of approving the permit.
Sincere � •
V.A. Panaia
The Kountry Korn Roast '
cc: City of Newport Beach
Ketit Maddy
r
. : t,: t,.rsi9•
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P.O. Box 7636 Newport Beach California 92660
714 • 552 3783 fax 714 4 857 • 6048
ATTACHMENT 1 - The Kountry Korn Roast
PURPOSE OF APPLICATION 5— 9 5 or 0 2; .a
The purpose of the application is to obtain permission to place at the
address in question a removable fence enclosure (a form of "kiosk") which
will act as security containment for equipment used in the sale of a
healthy snack food item of fresh roasted corn.
Placement
The enclosure is depicted in the sketch attached hereto as Exhibit A, and
is to be fabricated by a professional fence company for assembly at the
site. The enclosure is primarily for security of the equipment; but must
be left open enough to allow the propane fueled oven to function in an 'but
door" atmosphere. It will be aesthetically appended with facing and signs
as depicted in Exhibit B. forming a type of kiosk. The appendages are
designed to create a setting consistent as possible with the stand
currently used at fairs, rodeos, festivals, and other outdoor events as
depicted in Exhibit C.
The enclosure will be at the rear of the lot in question; however, the
serving window of theyeri ggA, %e l alkwa known as
"Edgewater" in the ar&PWN'dWm!as VPe Fu Re" A 'bit D is ? portion of
fh's r le ^fr - y gpp•roablc Planning re ulatto;is
the tract map illustr I fe p a s 0
�., date
I hasa ulnns are r,t 1. J y,. construction ND.
Equipment I
Dulldmg pe r,:r pun, uses. No
9
,n,m approval is rmived from
the Cafrfornr: r : �, Csrmnisston /�"
PLANNIP.G 0i? ,,,;; ,TMT Oq �} f9�5
The equipment to bar�pl�c4;.w�;thinettehe enclosure is entirely ortAI
Aside from tables, oh ' i various containers, the MirORNIA
item is the roaster oven. Ph�-ro er r Pgild` Wbi�,a;ssjOf
is registered and licensed in the State of California.- Exhibit` E is`�ri'OAST atST;w
illustration of different views of the roaster/trailer. It is designed so as
to be fully self-contained in that it has both hot water and the "three
sink" utensil washing capability (such as is required by bar facilities for
washing bar glasses). Furthermore, the roaster uses propane fittings
which are standard, U.L. approved, items. Exhibit F, Pages F-1 and F-2,
illustrate these features. Since the operation of the system consumes
only about 4 to 5 gallons per day of propane fuel, there will be no problem
with maintaining a maximum fuel capacity tank of 20 gallons pursuant to
1
ATTACHMENT 1, The Kountry Korn Roast (Cont'd) ...
the requirements of the Uniform Fire Code (Exhibit G, hereto). there is no
requirement for electricity in the operation of this roaster oven.
Furthermore, there is no requirement for refrigeration in the form of
electric refrigerators (ice is the only form of cooling necessary).
Employee(s)
The concession will be operated primarily by one person. On rare
occasions, should business volume require, a second person may be
necessary. The lessor has agreed to provide a parking slot at the site
(which is already being used for private parking). Additionally, the Lessor
has agreed to make rest room facilities at his adjacent property at 702
East Bay as well as his business establishment called "Bajhna —Beach
Treats", immediately ap"o,�ftW?I ast'.YVau(ge�wai ), available (to all
employees of The Kountr'rmRotfl
this Project coalcr. ors it): i1 : ?P!Ic" `•u pianning regulations
cud polinin ;i : c; .. . r• '
Additional Comment v ; vcroswntlon purposes. No
I imsu utans ai: - ;, roval is received from
oulidmfl Pao}. PP
When granting permissillieiro"id'date'a:'l�l'lgMenss of the type in que tion,
there may be understand n„tal�caut implications of trash
accumulation and pedestrian c n4at�_
In regard to trash being inadvertently or purposefully strewn about the
area, it should be pointed out that there are already a number of trash
receptacles in the immediate location of the site. However, there will be
placed adjacent to the "stand/kiosk" at least two additional trash
containers (and more if the circumstances warrant). Furthermore, it
should be pointed out that the residue from the fresh roasted corn is a
corn cob with husk still attached and an open container to hold the corn
while being consumed. These items are so very obvious and of such size
as to make it an embarrassment to individuals to casually discard them
outside a trash container. Therefore, the mere nature of the residue is an
inducement for the consumer to search out proper disposal containers (as
opposed to the ease by which a paper rapper, etc., might be crumpled and
dropped).
As to possible congestion and'impeding of pedestrian movement along the
sidewalk, the "stand/kiosk" is located three feet away from the sidewalk
2 Ine)
A
ATTACHMENT 1, The Kountry Korn Roast (Cont'd) ...
edge (as illustrated in the accompanying plot plan, Exhibit H . Such
location will permit customers to stand off the sidewalk at the serving
window, thus not impeding foot traffic on the walkway. Additionally, the
condiments/seasoning items will be placed on the side of the enclosure
(per Exhibit B) substantially away from the walkway.
Area Views
Exhibit I, Pages 1-1, 1-2 and 1-3, are copies of photos taken of the existing
area immediately adjacent to the proposed installation. Each photo
caption contains descriptions of the view portrayed.
Other Considerations
The "stand/kiosk" will be operated at times consistent with other
businesses in the area; however, daylight hours during the daylight saving
period of the year will be the dominant time. In this regard, lighting at
the "stand/kiosk" will be mostly necessary; however, the lessor, Mr. Kent
Maddy, has agreed to provide an electrical outlet on the outside of his
building at 706 East Bay Avenue (the East facing enclosure side will abut
his existing building) for extension cord lighting as necessary.
iTY DF NEb9PORT BEABH J 5-fl'
PPROVA. ill GO '' : t14 rulati06s
[his protect Con:"'.
"'d pollnfes' ?" ` . ". i• � „ purposes. No
I anso uldn5 F.rS
' •: onstructlon
�oulldmO A
z1 m u :.,, ; pproval is received from
f._ *•t<d C..m nisafon
the California
PLANNINC DEPAF.-, • Director
JAMES D. HEM iC",=.E��'� — Date: 9
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south coast District Oitice
A_°PRAVED 5 - 9 5 _ 19 2 "
Per,mlt NO.
By*
EI;ECTIVE
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ITY OF NEWPORT BEACH
PPROdAL ir, :!i'iGciT !+0. r
fhu prrfact canter... ::+; r::,:zule planning regulatimts
�aJ pehriGo �� e9fact U,. '.i :1 r.ti:
llrnsb u!ans are no� t••-. h sonstmctlon purposes. No
jfldmg cclmr+ s;,i a approval is received from
the California G:•sstal b.::tr1l2sion
I PLANNING DEPART"f,.E.NT
JAMES O. HEWICKER, Director
yyr
By ✓/!� _ Date: g
South Coast Distr
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"ITY OF NEWPORT BEACH
PPROVAL IN C"CE T NO.
I oroject ceafuc.,c , :, apc'lrable planning regulations
miU p lirie3 i 1 9f`'L•Cf u�: .; C..,•'.
I hose v s arc nct t . o. w.+ ; Lon, ruction purposes. No
ouddotg par, q ;,:' r, ' appiovai is received from
Me Cairiornia •.^l,'J Cor„mission
L/Q ❑e+b C ;j ffnCNT
JAMES D. HE R, Director
BY Date: 's I --
ID
—
APR 2 3 1995
CALIFORNIA
OASTAL COMMISSIOI'
••+rTH COAST DISTR"
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r JAMES D . D`Pl fl7GSCp,
Director
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p..xmit No.
_ Date: T `
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STORAGE OF LPG PROHIBITED
9.04.170 Amendment to Section 82.1O2(a) of the
Uniform Fire Code.
Section 82.102(a) of the Fire Code is amended to read as
follows:
"Section 82.1O2(a) Permit. No person shall install
or maintain a liquefied petroleum gas container, except
portable containers of not more than twenty (20) gallons
water capacity, unless natural gas is unavailable in the
area or unless such installation is needed for special
industrial process or use, unless a permit has been issued
by the Chief. An application for permit shall be
accompanied by plans and specifications and the Chief
may impose such conditions as may be necessary to
protect health, safety and welfare." (Ord. 92-28 § 1(part),
1992).
CITY OF NEWPORT BEACH � !!
.PPROVAL IN CO:fC E; t, I) (a S 1
fhis pr*ot mi;u ::: +r, a :SI;• planning renolatlmis
old pollrlet it el,
I r,sy v61rns • . , >tr ctlen purposes. No
auilalag ce ; I: ;f,n: "I Is reciAved from
fheCal+arriu•. . ,.�le,i
PiAra.i:;l Uc
JANIES2ucciv
By Date: ¢ L J--
Sduth-Coast Distxlot Offsga
APPaOVED Moa 418.2
Pi:rmit No xa
By: G
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.PPROVAL IN CONCEPT NO.
fhr,,, preject cc^.t •,.: 1', - ; --Zlc planning regulatloiis
null fa ej:-lil UP .,
i
I hest; plans a. T. • • ,z ,, .. �! Iv e:7n°tr^,ctlon purposes. No
!;,•o;al is recei from
r.l_3 J. i cis: •�n, U{lecior
5Y Date: ,
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A i / AC-1104 L-w-r
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N.E. view ofihrt@9b1adFeo;,B,ay,nAv rqm tiie-st_ 'e right
hand build in'904P9Piothet,.a-Pcade at"'�09171r'JTGI afgIISAv. , nd the
building to (theutl�ft,is the arcade at 702 F. Ea Av.
nuiSdm c{ien pLn; oc2s. No
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This photo was taken at the rear. of 704 E.
N.E. as though one were looking out of the
of the "stand/kiosk." (toward the walkway
Ray Av. facing
service window
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This photo was taken as_thouah standing in front of, ana
with back tpiTY t 1(g:`lft±}qtCapo.Vkiosk" , and looking to� the right
of the walkwElYGVAL IN C:GACE NO. ---L L Sa 5 f
fors protect ce^f:,rr.: )., c. ^lc claming regulations
,,Wpofides;1 r: r:
f+,rse ufres ace - _ - ''' --��tr •cticn purposes. No _
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- JAMES J hlEW% -
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This photo was taken as though standing in front of, and with
back to, the "stand/kiosk", and looking to the left of the
walkway.
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This photo was taken from cirTy,`acroshe walkway facing
yy vi I jig"
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ro This photo was taken at an obliaue angle across the walkway
r facing the proposed location of the "stand/kiosk" and the
m building wall against which the "stand/kiosk" will abut.
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