HomeMy WebLinkAbout02_Hakone_Japanese_Restaurant_PA2010-084CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 9, 2010
Agenda Item 2
SUBJECT: Hakone Japanese Restaurant- (PA2010 -084)
211 Marine Avenue
Use Permit No. UP2010 -016
APPLICANT: Hyun Wang
PLANNER: Jaime Murillo, Associate Planner
(949) 644 -3209, jmurillo @newportbeachca.gov
PROJECT SUMMARY
A use permit request to change an existing take -out restaurant to a full - service, small -
scale restaurant and to allow beer and wine service.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ approving Use Permit No. UP2010 -016 (Attachment No.
PC 1).
INTRODUCTION
Project Setting
The subject restaurant is located on the west side of Marine Avenue, approximately 240
feet south of Balboa Avenue on Balboa Island. Surrounding uses to the north, east, and
south consist of retail businesses. To the west are single- and two -unit residential
dwellings.
The subject property is improved with a one -story commercial building that houses the
subject restaurant and a retail clothing store. A two -story residential building with two
dwelling units is also located at the rear of the site. The restaurant is 600 square feet in
total floor area and currently provides nine seats in conflict with it's current use permit.
One non - compliant parking space is located on the lot along the rear of the lot within the
required 10 -foot alley setback and is utilized by the residential dwellings.
Hakone Japanese Restaurant
September 9, 2010
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GENERAL PLAN
I L
ZONING
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
Mixed -Use Water - Related
Retail & Service
Existing take -out restaurant,
ON -SITE
(MU W2)
Commercial- Residential
retail business, and residential
Overlay RSC-R)
apartment
NORTH
MU -W2
RSC -R
Retail
SOUTH
MU -W2
RSC -R
Retail
EAST
MU -W2
RSC -R
Retail
WEST
Two -Unit Residential
Two - Family Residential
Single- and two -unit residential
(RT)
R1.5
dwellin s
Hakone Japanese Restaurant
September 9, 2010
Page 3
Background
On July 21, 1988, the Planning Commission approved Use Permit No. 3319 permitting
the establishment of a take -out service restaurant called "Mucho Munchies" that offered
home delivery of fast food items. Prior to this, the facility was used for a take -out
restaurant specializing in yogurt and shaved ice. The Planning Commission also waived
the restaurant development standards pertaining to walls, parking lot illumination,
utilities, and the required parking based on the physical characteristics of the site that
existed at the time. A more detailed discussion of parking is provided in the Parking
section of this staff report. As a condition of approval, the Use Permit prohibited
customer seating and the sale of alcoholic beverages.
Over the years, various operators have operated a take -out service restaurant under the
existing Use Permit. The applicant has occupied the facility and operated Hakone since
summer of 2008. It should be noted that citation records within the project file indicate
that many of the previous take -out service restaurants have also provided seating in
violation of Use Permit No. 3319.
Project Description
The applicant is requesting a new use permit to allow the following changes in the
operational characteristics of the existing resturant:
1. Change Use Classification to Full- Service, Small -Scale
As previously discussed, the subject restaurant facility was originally approved as
a take -out service restaurant under Use Permit No. 3319 and was prohibited
from providing any customer seating. The take -out service classification is
typically used for restaurants for which more than 30- percent of the transactions
are sales for off -site consumption and where customers are usually served at a
counter or service window. Take -out service restaurants are also not permitted to
serve alcoholic beverages on the premises.
The applicant is proposing to maintain seating within the restaurant and to
change the use classification of the restaurant to a full - service, small -scale
restaurant. The full - service, small -scale classification is more closely
representative of the type of the restaurant that the applicant currently operates
where a majority of the customers dine within the restaurant and are served at
their seats.
The existing nine seats that are provided within the restaurant do not comply with
disabled accessibility standards; therefore, the applicant is proposing a new
seating arrangement that includes a total of eight seats and is in compliance with
the disabled accessibility standards. Two seats and a table are proposed to be
Hakone Japanese Restaurant
September 9, 2010
Page 4
placed outside on the site adjacent to the public sidewalk. The remaining six
seats would be provided as counter seating inside the restaurant (Attachment
No. PC2- Project Plans). No other physical improvements are proposed.
2. Beer and Wine Service (Type 41 ABC License)
Pursuant to Zoning Code Section 20.82.040.8.2 and Use Permit No. 3319, the
existing take -out service restaurant is prohibited from serving alcoholic
beverages on the premises. As part of his request to change the use
classification of the restaurant to full - service, small - scale, the applicant is
proposing the sale of beer and wine for on -site consumption (Type 41 ABC
License). The applicant believes adding beer and wine to the menu will
compliment the food and enhance the dining appeal of the restaurant. Various
brands of bottled beer are planned to be offered, as well as Japanese sake (rice
wine).
The existing restaurant serves traditional Japanese cuisine and is currently open
between the hours of 11:00 a.m. and 8:30 p.m., Monday through Saturday. The hours of
operation are in compliance with the permitted hours of between 7:00 a.m. and 10:00
p.m., daily, as specified in Use Permit No. 3319. A maximum of three employees are
proposed to be on -site at any given time.
DISCUSSION
Analysis
Restaurant Design and Development Standards
Chapter 20.82.040 of the Zoning Code contains development standards for restaurants
to ensure that any proposed development will be compatible with adjoining properties
and streets. The development standards include specific requirements for site
requirements, building setbacks, parking and traffic circulation, walls surrounding the
restaurant site, landscaping, exterior illumination, underground utilities, and supply and
refuse storage. Section 20.82.040 D of the Municipal Code states that any of the above
mentioned development standards for restaurants may be modified or waived if strict
compliance is not necessary to achieve the purpose or intent of the standard. With the
exception of refuse storage, these standards were waived in conjunction with the
original approval of Use Permit No. 3319 based on the physical characteristics of the
site that existed at that time. Since the requested change in use is relatively minor, staff
believes the existing waiver of these restaurant development standards should
continue.
With regard to refuse storage, the standard requires a solid masonry wall enclosure 6
feet in height with self - locking gates. Use Permit No. 3319 modified the standard by
simply prohibiting refuse from being stored in the alley setback area except when
awaiting an immediately scheduled collection. Unfortunately, given the existing site
Hakone Japanese Restaurant
September 9, 2010
Page 5
configuration, the residential building on the property is located along the 10 -foot rear
alley setback line and there is no opportunity to store the commercial trash bin behind
setback area. Also, the commercial trash bin cannot be accommodated within the side
yard setbacks without impeding ingress and egress to the residential and commercial
uses. Based on these existing constraints, staff is recommending a condition of
approval requiring that the commercial trash bin to be located flush against the rear wall
of the residential building and parallel to the alley to minimize it's encroachment into the
10 -foot alley setback. The commercial trash bin shall also maintain a solid lid that shall
be kept closed at all times.
Parking
The Planning Commission waived the 10 parking spaces required for the take -out
service restaurant approved under Use Permit No. 3319. Ten spaces were required
based on the formula of one space for each 50 square feet of gross floor area and one
space for each employee on duty during peak hours (392 sq. ft.' / 50= 7.8 or 8 spaces;
8 spaces + 2 employees = 10 parking spaces). The Planning Commission found that
the take -out service restaurant was not a destination point itself and that most of the
patronage would come from people who are already shopping on Marine Avenue or
from the residents living in the surrounding residential area.
Pursuant to Section 20.66.030 of the Zoning Code, the proposed full- service, small -
scale restaurant requires parking based on a formula of one space per each 3 seats or
one space per each 75 square feet of net public area. The applicant is proposing a total
of 8 seats and a net public area of 81 square feet. Based on those characteristics, the
restaurant would require a total of three parking spaces, or seven spaces less than the
10 spaces previously waived under Use Permit No. 3319.
Staff believes that most of the patronage would continue to come from people who are
already shopping on Marine Avenue or from the residents living in the surrounding
residential area even in light of the changes proposed. Therefore, the increased seating
should not result in an increased demand for parking than it presently does.
Alcoholic Beverage Outlet (ABO) Ordinance
The applicant is requesting a Type 41 ABC License, which allows for the sale and on-
site consumption of beer and wine only. This would be a new license for the area.
Pursuant to Section 20.89.030.B of the Zoning Code, the Planning Commission must
consider the following factors prior to approving a use permit for a new alcoholic
beverage outlet:
' The parking formula did not include the additional gross floor area used for restaurant storage at the
rear of the building.
Hakone Japanese Restaurant
September 9, 2010
Page 6
1. Whether the use serves public convenience or necessity.
The applicant is requesting a Type 41 ABC license to allow the service of beer and
wine, which is common for full - service restaurants. The service of beer and wine is
intended for the convenience of customers dining at the restaurant. Restaurants are
complementary to the surrounding retail and residential uses. The Police Department
has no objection to the operation as proposed (Attachment No. PC 3- Police
Department Memorandum).
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
The project site is located in Reporting District (RD) 42, which encompasses all of
Balboa Island. See Attachment No. PC 4 for a map of all Reporting Districts in the City
including the location of RD 42 and the two adjacent reporting districts RD 41 and RD
43 that are used for a comparison within this report.
During the 2009 Calendar Year, there were 6,194 crimes reported citywide. RD 42 had
a total of 111 reported crimes as compared to the citywide average for reporting districts
of 162 reported crimes. This is 38.48 percent under the citywide reporting district
average. For comparison, the table below provides a more detailed breakdown of
crimes reported citywide during 2009, as well as in RD 42 and the two adjacent
reporting districts, RD 41 and RD 43:
porting Distr'
Part One Cri
(Serious Offe
Part One Cr mes
RD 42
63 33
1,915.60
RD 41
71 52
3,638.90
RD 43
23 17
2,046.86
Newport Beach
2,884 3,350
3,297.31
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
The table below provides data for the number of active ABC licenses:
RD 42
11
Ratio
299 residents
RD 41
9
217 residents
RD 43
5
225 residents
Orange County
5,589
542 residents
The per capita ratio of 1 license for every 299 residents is lower than the two adjacent
reporting districts; however, it is higher than the County average. The disparity between
the County ratio is likely attributable to the fact that RD 42 includes the entire Balboa
Hakone Japanese Restaurant
September 9, 2010
Page 7
Island commercial area, which has a high concentration of restaurants that serve
alcohol.
4. The number of alcohol- related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
The table below reflects crime data for the 2009 Calendar Year. There were 4 DUI
arrests and 11 plain drunk arrests (15 total) in RD 42. There were 1,270 arrests for the
entire City. This accounts for 1.18- percent of the DUI /Drunk arrests made in the City.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
The site is located within the commercial district of Balboa Island. There are no day care
centers, schools, or park facilities in the vicinity of the project site. Residential uses are
located immediately to the west of the project site; however, the restaurant is oriented
toward Maine Avenue and a residential building on the project site shields the
restaurant activity from nearby residential uses across the alley. In addition, the existing
take -out serve restaurant has not shown to be detrimental or incompatible with the
surrounding neighborhood to date.
Use Permit Findings
Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission must
make the following findings in order to approve a use permit:
1. That the proposed location of the use is in accordance with the objectives of this
code and the purposes of the district in which the site is located.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not
be detrimental to the properties or improvements in the vicinity or to the general
welfare of the city.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
RD 42
15
27
1,583
RD 41
33
80
1,294
RD 43
6
15
2,046.86
Newport Beach
1,270
3,595
69,294
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
The site is located within the commercial district of Balboa Island. There are no day care
centers, schools, or park facilities in the vicinity of the project site. Residential uses are
located immediately to the west of the project site; however, the restaurant is oriented
toward Maine Avenue and a residential building on the project site shields the
restaurant activity from nearby residential uses across the alley. In addition, the existing
take -out serve restaurant has not shown to be detrimental or incompatible with the
surrounding neighborhood to date.
Use Permit Findings
Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission must
make the following findings in order to approve a use permit:
1. That the proposed location of the use is in accordance with the objectives of this
code and the purposes of the district in which the site is located.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not
be detrimental to the properties or improvements in the vicinity or to the general
welfare of the city.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
Hakone Japanese Restaurant
September 9, 2010
Page 8
Staff believes sufficient facts exist in support of each finding and has included such
facts in the attached draft resolution (Attachment PC No. 1).
The operation of the full - service, small -scale restaurant, with ancillary beer and wine
sales, is consistent with the purpose and intent of the Retail and Service Commercial -
Residential Overlay (RSC -R) Zoning District and Mixed -Use Water - Related (MU -W2)
land use classification of the General Plan. Restaurant uses can be expected to be found
in this area and similar locations and are complementary to the surrounding commercial
and residential uses.
The project has been reviewed and conditioned to ensure that potential conflicts with the
surrounding land uses are minimized to the extent possible to maintain a healthy
environment for residents and businesses. The hours of operation will continue to be
limited to the hours between 7:00 a.m. and 10:00 p.m., daily. The proposed new seating is
not expected to increase the existing demand for parking. The service of beer and wine is
intended for the convenience of patrons dining at the restaurant and the operator is
required to take reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance to areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours. The Police Department has also indicated they have no
objection to the operation of the restaurant and has recommended a number of additional
operational conditions of approval relative to the sale of alcoholic beverages that will
maintain compatibility with the surrounding uses and minimize alcohol related impacts.
Alternatives
1. If the Planning Commission believes that there are insufficient findings for
approval, the Planning Commission should direct staff to prepare findings and a
resolution denying the application. Staff would return at the next available
Planning Commission meeting date with a resolution for denial; or
2. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the changes are
substantial, the item should be continued to a future meeting to allow redesign of
the project.
Environmental Review
This project has been reviewed, and it has been determined to be categorically exempt
under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines -
Class 1 (Existing Facilities). The project consists of minor interior alterations to
accommodate the addition of eight seats. The addition of seating and the introduction of
beer and wine service are considered a negligible expansion of the existing use.
Hakone Japanese Restaurant
September 9, 2010
Page 9
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posed at City Hall and on the City website.
Prepared by:
mime Murillo, Associate Planner
Submitted by:
es Campbell, Acting Planning Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Project Plans
PC 3 Police Department Memorandum
PC 4 Map of Reporting Districts
F: 1Usem\PLNZhared%PA'stPAs - 20101PA2 01 0- 0 841201 009 0 9 PC rpt.docx
Tmplt: 11/23/09
Attachment No. PC 1
Draft Resolution with Findings and
Conditions
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2010 -016 FOR A FULL - SERVICE, SMALL -SCALE
RESTAURANT WITH BEER & WINE SERVICE LOCATED AT
211 MARINE AVENUE (PA2010 -084)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Hyun Wang, with respect to property located at 211 Marine
Avenue, and legally described as Lot 23, Block 12, Balboa Island Section Four,
requesting approval of a use permit.
2. The applicant is proposing to change an existing take -out service restaurant to a full -
service, small -scale restaurant, add eight seats, and introduce the service of beer and
wine.
3. The subject property is located within the Retail and Service Commercial- Residential
Overlay (RSC -R) District and the General Plan Land Use Element category is Mixed -
Use Water - Related (MU -W2).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed -Use Water - Related (MU -W).
5. A public hearing was held on September 9, 2010, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities). The project consists
of minor interior alterations to accommodate the addition of eight seats. The addition of
seating and the introduction of beer and wine service are considered a negligible expansion
of the existing use.
SECTION 3. REQUIRED FINDINGS.
Pursuant to Section 20.82.060 of the Zoning Code, the proposed change in use
classification to a full - service, small -scale restaurant and introduction of beer and wine
service require the approval of a new use permit. In accordance with Section 20.91.035
Planning Commission Resolution No. _
Pape 2 of 9
of the Zoning Code, the following findings and facts in support of such findings are set
forth:
Finding:
A. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The site is located within the Retail and Service Commercial- Residential
Overlay (RSC -R) District. This district is intended to provide areas which are
predominately retail in character, but also allows service and office uses. The
residential overlay is intended to allow residential uses on the second floor or
above. Full- service, small -scale restaurants, with ancillary beer and wine sales
for on -site consumption, are permitted uses within the RSC -R District.
Finding:
B. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental
to the properties or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The Land Use Element of the General Plan designates the project site as
Mixed -Use Water - Related (MU -W2). Full- service, small -scale restaurants, with
ancillary beer and wine sales for on -site consumption, are permitted uses within
this land use designation.
B -2. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible.
B -3. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol related impacts.
B -4. The operation of the restaurant will continue to be restricted to the hours between
7:00 a.m. and 10:00 p.m., daily.
B -5. No dancing or live entertainment will be provided on the premises.
B -6. The restaurant is oriented toward Marine Avenue in a manner that shields the
restaurant activity from the residential uses towards the rear.
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Planning Commission Resolution No. _
Pape 3 of 9
B -7. A restaurant has been operated in this location since 1988 under the original
approval of Use Permit No. 3319 and has not proven detrimental to the area.
B -8. Restaurant uses can be expected to be found in this area and similar locations
and are complementary to the surrounding commercial and residential uses.
Finding:
C. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Finding:
C -1. Full- service, small -scale restaurants are a permitted use in the RSC -R Zoning
District, subject to approval of a use permit. The project substantially conforms
to the development standards of the Zoning Code, and the waiver of
development standards as it pertains to site requirements and parking will not
be detrimental to the adjoining properties.
C -2. The project has been reviewed and conditioned to ensure that the purpose and
intent of Chapter 20.89 (Alcoholic Beverage Outlet) of the Zoning Code is
maintained and that a healthy environment for residents and businesses is
preserved. The service of beer and wine is intended for the convenience of
customers dining at the restaurant and the operator is required to take
reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance to areas surrounding the alcoholic beverage outlet and
adjacent properties during business hours. Operational conditions of approval
recommended by the Police Department relative to the sale of alcoholic
beverages will ensure compatibility with the surrounding uses and minimize
alcohol related impacts.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit
No. 2010 -084, subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
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Planning Commission Resolution No.
Paqe 4 of _ 9
3. This resolution supersedes Use Permit No. 3319 as approved by the Planning
Commission on July 21, 1988, which upon vesting of the rights authorized by this use
permit, shall become null and void.
PASSED, APPROVED AND ADOPTED THIS SEPTEMBER 9, 2010.
AYES:
NOES:
ABSTAIN
ABSENT:
BY:
I --yA
Earl McDaniel, Chairman
Michael Toerge, Secretary
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Planning Commission Resolution No. _
Pape 5 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Use Permit No. 2010 -016 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The construction plans must meet all applicable
State Disabilities Access requirements. Approval from the Orange County Health
Department is required prior to the issuance of a building permit.
5. The 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.
6. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
7. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine 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.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this use permit or the processing
of a new use permit.
9. 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 Planning Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Planning Director
may order the dimming of light sources or other remediation upon finding that the site
is excessively illuminated.
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Planning Commission Resolution No. _
Pape 6 of 9
10. 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, food service
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.
11. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
12. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site
or off -site, to advertise the restaurant.
13. 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.
14. The restaurant development standards pertaining to parking lot illumination, circulation,
walls, landscaping, utilities, refuse storage, and the required parking spaces shall be
waived.
15. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
16. The approval is only for the establishment of a restaurant type facility as defined by Title
20 of the Municipal Code, with the principal purpose for the sale or service of food and
beverages with sale and service of alcoholic beverages incidental to the food use.
17. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 41 in conjunction with the service of food as the
principal use of the facility. Any upgrade in the alcoholic beverage license shall be
subject to the approval of an amendment to this application and may require the
approval of the Planning Commission.
18. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
19. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
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Planning Commission Resolution No. _
Pape 7 of 9
except when served in conjunction with food ordered from the full service menu
20. Hours of operations shall be limited to between 7.00 a.m. and 10:00 p.m., daily.
21. 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 that are clearly visible to
the exterior shall constitute a violation of this condition.
22. Applicant shall post and maintain a professional quality sign (clearly visible at front
exit) that designates the specific area where customers may consume alcoholic
beverages. Posted sign shall read NO ALCHOLIC BEVERAGES MAY BE TAKEN
BEYOND THIS POINT."
23. The sale of alcoholic beverages for consumption off the premises is strictly prohibited
24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food and retail sales during the same period. The licensee shall maintain records that
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business. Said records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Department on demand.
25. Live entertainment and dancing shall be prohibited as a part of the regular operation,
unless an amendment to this use permit or other required application is first approved in
accordance with the provisions of the Municipal Code.
26. 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 Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
27. The Use Permit is for the operation of full- service, small -scale restaurant and does not
authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or
commercial recreational entertainment venue.
28. No background music shall be allowed on any of the outdoor patios, dining areas,
lounges or waiting areas.
29. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
30. Full meal service shall be provided during all hours of operation.
31. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
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Planning Commission Resolution No. _
Pape 8 of 9
prohibited in unless there is an emergency.
32. All exits shall remain free of obstructions and available for ingress and egress at all
times.
33. Strict adherence to maximum occupancy limits is required.
34. The applicant shall pay any unpaid administrative costs associated with the processing
of this application to the Planning Department.
35. 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.
36. 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.
37. No outside paging system shall be utilized in conjunction with this establishment.
38. All trash shall be stored within a commercial trash bin with a solid lid to screen the
trash and maintain odors. The lid shall be kept closed at all times. The commercial
trash bin shall be located flush against the rear wall of the residential building and
parallel to the alley to minimize it's encroachment into the 10 -foot alley setback.
39. 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 bin specified in Condition No. 38.
40. 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.
41. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
42. The applicant shall ensure that the trash bins and /or receptacles are maintained to
control odors. This may include the provision of either fully self- contained bins or
periodic steam cleaning of the bins, if deemed necessary by the Planning Department.
Cleaning and maintenance of trash bins shall be done in compliance with the
provisions of Title 14, including all future amendments (including Water Quality related
requirements).
43. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Use Permit.
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Planning Commission Resolution No. _
Pape 9 of 9
44. 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.
45. 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 Hakone including, but not limited to, Use Permit No.
2010 -016. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
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Attachment No. PC 2
Project Plans
AB anchor bolt FFE finished floor elevation PERF perforate (d)
ABV above FFL finished floor line POS per owner specification GENERAL NOTES: STRUCTURAL LUMBER
AC asphaltic concrete FIN finish (ad) PRE.FAB. prefabricate (d) 1. CODE OF RECORD FOR DESIGN: 2001 CALIFORNIA BUILDING CODE ('01 CBC), 2001 CALIFORNIA PLUMBING 1. ALL STRUCTURAL LUMBER SHALL BE DOUGLAS FIR COAST REGION AND SHALL BE IDENTIFIED AS REQUIRED 1. RENOVATION TO AN EXISTING FOOD SERVICE ESTABLISHMENT
A/C air conditioning FLR floor (ing) PFL pounds per linear foot CODE ('01 CPC), 2001 CALIFORNIA MECHANICAL CODE ('01 CMC), 2004 CALIFORNIA ELECTRICAL CODE ('04 BY PS 20 -70 BY A GRADE MARK OF A LUMBER GRADING AGENCY APPROVED BY THE BOARD OF REVIEW OF THE
ADD addendum FLUOR fluorescent PIP poured in place CEC), 2001 CALIFORNIA FIRE CODE ('01 CFC) AND 2005 CALIFORNIA ENERGY EFFICIENCY STANDARDS FOR AMERICAN LUMBER STANDARDS COMMITTEE. TENANT IMPROVEMENT
AGG aggregate FND foundation PL property line NON-RESIDENTIALAS ADOPTED BY THE CITY.
ALT alternate FTG footing PLT plate 2. ALL FRAMING MEMBERS SHALL BE AS FOLLOWS EXCEPTAS NOTED:
ALUM aluminum PLAS plaster 2. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND EXISTING CONDITIONS PRIOR TO STARTING WORK, HORIZONTAL MEMBERS
APPROX approximate GA gage, gauge PLYWD plywood AND SHALL NOTIFY THE OWNERS REPRESENTATIVE OF DISCREPANCIES OR IN CONS ISTANCIES. SUB - PURLINS (STIFFENERS) D.F. #1 FOR.
ARCH architect (ural) GI galvanized iron PNL panel JOISTS AND BEAMS D.F. #1
AUTO automatic GL glass, glazing PNT painted) STRUCTURAL HE CONTRACTOR ELLMEAE.THEY
ECESS R TO POSVERTICAL S NDCOLR HAKONE 3. GP galvanized pipe POC point of connection METHOD OF CONSTRUCTION. THE CONTRACTOR SHALL TAKE ALL MEASURES NECESSARY TO PROTECT POSTS AND COLUMNS D.F. 41
BD board GYP. BD. gypsum board POS per owner specification THE STRUCTURE DURING CONSTRUCTION. SUCH MEASURES SHALL INCLUDE, BUT NOT LIMITED TO, STUDS & SILLS D.F. #2
BEL below GRID grade, grading PSF pounds per square foot BRACING AND SHORING FOR LOADS DUE TO CONSTRUCTION EQUIPMENT, CONSTRUCTION LOADS OF
BET between GSS galvanized steel PSI pounds per square inch MATERIALS, ETC. THE CONTRACTOR, AT NO EXPENCE TO THE OWNER, SHALL RETAIN QUALIFIED 3. SILL PLATES AND LEDGERS IN CONTACT WITH CONCRETE OR MASONRY SHALL BE PRESSURE TREATED
BIT bituminous GV galvanized PT point PROFESSIONALS TO DETERMINE FIELD LAYOUT OF THE BUILDING ELEMENTS, AND THE ADEQUACY OF ALL DOUGLAS FIR. ALL HOLES DRILLED FOR ANCHOR BOLTS SHALL BE NO LARGER THAN 1/16 -INCH GREATER THAN JAPAN CUISINE
BLDG building PVC polyvinyl chloride PROPOSED BRACING AND SHORING. THE ANCHOR BOLT DIAMETER- HOLES LARGER THAN THIS SHALL HAVE ALL VOID SPACE BETWEEN THE BOLT
BLK block HB hose Bibb AND THE SILL PLATE FILLED WITH EPDXY.
BLKG blocking HC hollow core RA return air 4. OBSERVATION VISITS TO THE SITE BY THE ENGINEER SHALL NOT INCLUDE OBSERVATION OFSAFETY
BM bench mark HD heavy duty RAD radius METHODS, BRACING OR SUPPORT. 4. FRAMING ANCHORS, HANGERS, STRAPS, COLUMN CAPS, CASES AND HOLD DOWNS SHOWN ARE AS x)C'1'%l
BOT bottom HDR header RCP reinforced concrete pipe MANUFACTURED BY SIMPSON COMPANY, BREA, CA. DESIGNATIONS SHOWN ON THE DRAWINGS ARE FROM
BRG bearing HDW hardware RD roof drain 5. PLAN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALES SHOWN ON DRAWINGS. DO NOT SCALE SIMPSON CATALOG C -2001.
BRZ bronze HGT height REFR refrigerator PLANS & DETAILS.
BUR built up roofing HM hollow metal REG register 5. PLYWOOD SHALL CONFORM TO THE STANDARDS IN PS 1 -74 OR PS 1 -83. ALL PANELS TO BE IDENTIFIED WITH A SCOPE OF WORK P T NAME
BW both ways HOR horizontal REM remove 6. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE OVER GENERAL NOTES AND STANDARD GRADE MARK OF AN APPROVED TESTING AND GRADING AGENCY. EXTERIOR GLUE SHALL BE USED. NAILING OF
HTG heating RET return DETAILS. PLYWOOD SHALL BE APPROVED PRIOR TO COVERING PLYWOOD.
CAB cabinet HVAC heating /ventilating REG roofing
CAD cadmium air conditioning RH right hand 7. CLARIFICATION SHALL BE REQUESTED FROM THE ENGINEER FOR ALL WORK INDICATED ON THE PLANS 6. ALL WALLS NOT SOLIDLY SHEATHED OR CONTAINING SHEAR PANELS SHALL HAVE A 1X6 DIAGONAL LET -IN OR
CB catch basin HWD hardwood RM room THAT IS NOT SPECIFICALLY DETAILED, AND IS NOT SIMILAR TO WORK THAT IS DETAILED. APPROVED STEEL X BRACE AT THE ENDS AND AT NO MORE THAN 25' ON CENTER. BRACE SHALL EXTEND FROM
CEM cement RO rough opening BOTTOM OF LOWEST PLATE TO TOP OF UPPER PLATE. O
CER ceramic WH water heater ROW right of way 8. SEE EXISTING AND / OR OTHER PLANS FOR SIZE AND LOCATION OF ALL DOOR AND WINDOW OPENINGS,
CFT cubic foot
Cl cast iron ID inside diameter S south SIZE AND LOCATION OF ALL NON- BEARING PARTITIONS, SIZE AND LOCATION OF ALL CURBS, DRAINS, 7. ALL STUD PARTITIONS OR WALLS OVER 10 -FEET IN HEIGHT SHALL HAVE 2X BLOCKING, SAME WIDTH AS O
DEPRESSED AREAS, SLOPES AND ELEVATION CHANGES, CHAMFERS, GROOVES, INSERTS, ALL FINISHES, STUDS, PREFERABLY AT MID - HEIGHT BUT NOT TO EXCEED 8 -FEET ON CENTER VERTICALLY.
CIR circle INCL include (d, ing) SC solid core AND SIZE AND LOCATION OF ALL FLOOR AND ROOF OPENINGS.
CIRC circumference INSUL insulate (d, ion) SCH schedule 8. DO NOT NOTCH JOISTS, RAFTERS OR BEAMS EXCEPT WHERE SHOWN ON THE ! ^\ v
CLG ceiling INT interior SO storm drain 9. SEE OTHER PLANS FOR ALL WATERPROOFING REQUIREMENTS. THE ENGINEER IS NOT RESPONSIBLE DETAILS. HOLES THROUGH SILLS, PLATES, STUDS AND DOUBLE PLATES IN WALLS \ \v
CLL contract limit line INV invert SEC section FOR WATERPROOFING DETAILS AND SPECIFICATIONS. SHALL NOT EXCEED 1/3 OF THE PLATE WIDTH. USE BORED HOLES LOCATED IN O
CLR clear (ante) SFR single family residence CENTER OF MEMBER OR USE METAL STRAP ON NEAR SIDE. NO HOLES PERMITTED IN STUDS, SILL PLATES OR
CLS closure JST joist SH shelf, shelving 10. SEE MECHANICAL, PLUMBING, ELECTRICAL AND OTHER PLANS FOR PIPE -RUNS, SLEEVES, HANGERS, TOP PLATES Or SHEAR PANELS WITHOUT EXPRESSED APPROVAL. O
CM centimeter JT joint SHT sheet TRENCHES, WALL AND SLAB
CMU concrete masonry KIT kitchen SIM similar OPENINGS, ELECTRICAL CONDUIT RUNS AND BOXES, OUTLETS, AND EQUIPMENT BASE ANCHOR BOLTS. 9. PROVIDE APPROVED X BRIDGING OR SOLID BLOCKING FOR BEAMS, RAFTERS AND JOISTS OF MORE THAN
unit KO knockout SIMP. simpson strong -tie connector(s) LOCATION
EIGHT INCHES DEPTH AT NO MORE THAN EIGHT FEET ON CENTER. t� RE5TROOM w
COL column LAB laboratory SL sliding, slider (window) APT. PARKIN6 OF WORK
COMB combination LAM laminate (d) SP single pane window (glass) 11. CONSTRUCTION MATERIALS SHALL BE SPREAD OUT IF PLACED ON FRAMED FLOORS OR ROOFS. LOADS LEASED TO
COMPO composition LAV lavatory SPEC specification (s) SHALL NOT EXCEED DESIGN LOADING FOR SUPPORTING MEMBERS. 10. BOLTS IN WOOD SHALL BE NOT LESS THAN 7 BOLT DIAMETERS FROM END AND 4 BOLT DIAMETERS FROM STALL (I) 9'x18' 15.fi z
EDGES UNLESS NOTED. BOLT HOLES SHALL BE 1/32" LARGER THAN THE BOLT SIZE.
CONIC concrete LBL label SPK speaker w
CONT continuous/ LH left hand SID square RETROFIT NOTES: 11. LAG BOLTS SHALL HAVE LEAD HOLES BORED. HOLE DIAMETER TO BE >
continue LL live load SS stainless steel 1. ALL CONTRACTORS AND SUBCONTRACTORS BIDDING ON THIS PROJECT SHALL BECOME FAMILIAR WITH A. SHANK PORTION: SAME DIAMETER AND LENGTH AS SHANK. O Q
CONTR contract (or) LT light ST steel THESE PLANS, AND VISIT THE SITE AND EXAMINE THE EXISTING CONDITIONS PRIOR TO SUBMITTING BIDS. B. THREADED PORTION: 0.6 -0.75 TIMES DIAMETER OF THREAD.
CONST construction LTL lintel STA station CONTRACTORS AND SUBCONTRACTORS AGREE AND ACKNOWLEDGE THEIR KNOWLEDGE OF THESE PLANS (E) DWELLI w
CORR corrugated LW lightweight STD standard AND THE VISIBLE EXISTING CONDITIONS BY SUBMITTING THEIR BIDS. 12. UNLESS NOTED OTHERWISE, ALL NAILS SHALL BE'COMMON'. o b z
CPR copper STO storage w C5 o _
CPT carpet (ed) MAS masonry STIR structural 2. THERE COULD BE MANY CONSTRUCTION ITEMS THAT ARE HIDDEN FROM VIEW AT AN EXISTING / O M THE WE5T WINS
CYD cubic d MAX maximum SUS suspended
an sus ene 13. HOLES FOR NAILS, THAT ARE NECESSARY TO PREVENT SPLITTING SHALL BE PRE DRILLED ATA SMALLER a
y p RETROFIT CONSTRUCTION DIAMETER THAN THE NAIL. � (RETAIL) Q
MB machine bolt SYM symmetry (ical) SITE THAT COULD INTERFERE WITH WORK, INCLUDING BUT NOTUMITED TO: Q (E) b' WIDE
DB drop beam MBR member SYS system A. COVERED OR HIDDEN STRUCTURAL MEMBERS AND RELATED CONNECTIONS. 51DEK&K f
DEMO demolish, MC medicine cabinet 14. FASTENERS AND HARDWARE EXPOSED TO MOISTURE OR PRESSURE/ CHEMICALLY TREATED WOOD SHALL
B. PIPES AND CONDUITS BURIED IN THE SOIL AND IN THE STRUCTURE. BE HOT- DIPPED GALVANIZED. b" CURB
demolition MECH mechanic TEL telephone C. DEBRIS BURIED IN THE SOIL AND IN THE STRUCTURE.
DH double hung VIED medium T &G tongue & groove D. UNDISCOVER AND UNANTICIPATED SOILS CONDITIONS. 15. INSTALL STEEL PLATE WASHERS UNDER BOLT HEADS AND NUTS. WASHERS TO HAVE A MINIMUM SI
DIAG diagonal MET metal THK thick (ness) INDICATED IN THE ATTACHED BOLT WASHER SCHEDULE.
DIAM diameter MFR manufacture (er) TV television WHEN THE CONTRACTOR ENCOUNTERS HIDDEN CONDITIONS THAT INTERFERE WITH WORK, HE SHALL
DIM dimension MH manhole TYP typical NORTH
CEASE WORK IN THAT AREA 16. DOUBLE TOP PLATES AT ALL EXTERIOR WALLS AND ALL BEARING PARTITIONS (NOT ERW LED)
DIV division MIN minimum AND NOTIFY THE OWNER AND PROJECT ENGINEER. HE SHALL NOT PROCEED AGAIN UNTIL CLARIFICATION SHALL LAP 4' -0" MINIMUM THROUGH EACH SIDE OF SPLICE IN PLATES & HAVE 8 -16d N IMUM OUGH
DR door MIR mirror LINO unless noted otherwise IS ISSUED. BOTH PLATES.
DS downspout MISC miscellaneous
DTL detail MLD molding, moulding UR urinal 3. THESE RETROFIT PLANS REPRESENT THE FINAL CONDITION OF STRUCTURAL REPAIRS OR 17. UNLESS NOTED OTHERWISE, DOUBLE JOISTS SHALL BE PROVIDED UND IT WALLS WHERE WALL
DWG drawing MM millimeter VERT vertical MODIFICATIONS. THEY DO NOT INDICATE OTHER RELATED NON- STRUCTURAL REPAIRS NECESSARY TO IS PARALLEL TO THE FRAMING.
DWR drawer MT mount (ed, ing) ACCOMPLISH THE STRUCTURAL REPAIRS. THE CONTRACTOR, AFTER HIS SITE EXAMINATION, SHALL NOTE
E east
MTL material (s) VIN vinyl ALL VISIBLE RELATED NECESSARY REPAIRS AND REPLACEMENTS AND INCORPORATE THEM INTO HIS BID. 18. LEDGER ANCHOR BOLT SPACING SHALL BEGIN FROM NOT MORE THAN 12- INCHES, AND SHALL NOT EXCEED 4 BETWEEN THE ENDS; AND THERE T A NOT LESS THAN 7- INCHES AND PLOT PLAN SCALE: A
(E) existing N north W west 4. THE ARCHITECTURAL APPEARANCE OF THE INTERIOR AND EXTERIOR OF THE BUILDING AFTER THE SHALL BE A MINIMUM OF 2- ANCHOR BOLTS IN EAC OF LEDGER. NONE
EF each face (N) new W/ with RETROFIT SHALL BE EQUIVALENT TO OR BETTER THAN THE APPEARANCE PRIOR TO THE RETROFIT.
ELEV elevation NAT natural W/H water heater
ELEC electric (al) NIC not in contract W/O without CONNECTION NAILING 1 TENANT: PATTY WANG
5. THE CONTRACT WORK SHALL NOT BE CONSIDERED COMPLETED UNTIL THE OWNER IS SATISFIED THAT 211 Marine Avenue
EVER emergency NOM nominal WC water closet 1. JOISTS TO SILL OR GIRDER, TOE 3 -8d
ALL REPAIR OR REPLACEMENT WORK IS ACCEPTABLE.
ENC enclosure NITS not to scale WD wood Newport Beach, CA 92662
2. BRIDGING TO JOIST, TOENAI 2 -8d
EP electrical WI wrought iron ( 909 ) 331 -5343
panelboard OA overall WIN window CONSTRUCTION NOTES 3. 1" x 6" SUBFLOOR OR LE O J , FACE NAIL 2 -8d PLANS PREPARED BY: COX DESIGN STUDIO
EQ equal OBSC Obscure WPT working point 4. WIDER THAN V x 6" BFL T A. JOIST, FACE NAIL 3 -8d Robert Cox
EQUIP equipment OC on center WR water repellant 5. 2" SUBFLOOR T I OR GI ER, BLIND AND FACE NAIL 2 -16d 1313 W Memory Ln. #602
EST estimate OD outside diameter WWF welded wire fabric 1. ADDRESS NUMBERS SHALL MEET THE REQUIREMENT OF FFD STANDARD #7. A MINIMUM OF SIX INCHES 6. SOLE PLA I LOCKING, TYPICAL FACE NAIL 16d AT 16" o.c. Santa Ana, CA 92706
EWC electric water OH overhead ADDED TO THE MINIMUM SIZE ONE INCH FOR EVERY TEN FEET FROM THE PUBLIC STREET WITH A FOURTEEN SOLE PL T ORB LOCKING, AT BRACED WALL PANELS 3 -16d per 16" Ph: (714) 809 -1010
cooler OPG opening XS extra strong INCH MAXIMUM. 7. T O D, END NAIL 2 -16d Fax: (714) 480 -0099
EXIST existing OPP opposite FLOOR AREA: 600 Square Feet
EXHST exhaust L angle 2. AN APPROVED KNOX KEY BOX SHALL BE REQUIRED FOR THIS OCCUPANCY. t\)IOUBLE T so__ PLATE 4 -8d, TOENAIL OR 2 -16D, END NAIL OCCUPANCY GROUP: B - SUBJECT SPACE
EXP exposed PAR parallel center line DOU STUDS, FACE NAIL 16d AT 24" O.C. M - ADJACENT RETAIL SPACE
EXT exterior PB panic bar d penny 3. HOOD AND DUCT FIRE PROTECTION SYSTEM SHALL COMPLY WITH CURRENT CODES AND WILL BE PLAN UBLE TOP PLATES, TYPICAL FACE NAIL 16d AT 16" O.C. TYPE OF CONSTRUCTION: VIN
PCC precast concrete 1 perpendicular CHECKED AND INSTALLED UNDER SEPARATE PERMIT. TOP PLATES, LAP SPLICE 8 -16d
SPRINKERS NO
FA fire alarm PCF pounds per cubic foot PL plate 11. BLOCKING BETWEEN JOISTS OR RAFTERS TO TOP PLATES, TOENAIL 3 -8d NUMBER OF STORIES: One Story
FB flush beam PED pedestal 0 round 4. PROVIDE SIGNAGE FOR MAIN ELECTRICAL ROOM READING: MAIN ELECTRICAL ROOM. THE SIG 12. RIM JOIST TO TOP PLATE, TOENAIL 8D AT 6" O.C. HEIGHT OF BUILDING: 15 -0"
FD floor drain @ at RED BACKGROUND WITH WHITE LETTERS. THE SIGN SHALL BE MADE FROM A METAL PLPE AND I ON 13. TOP PLATES, LAPS AND INTERSECTIONS, FACE NAIL 2 -16d APPLICABLE CODES: 2001 CBC /1997 UBC, Including
FE fire extinguisher THE FACE OF THE DOOR. CHAPTER 11 (Accessibility)
14. CONTINUOUS HEADER, TWO PIECES 16d AT 16" O.C., ALONG EA. EDGE 2001 CPC (2000 UPC)
5. FIRE EXTINGUISHERS SHALL BE WITHIN 75 FEET OF TRAVEL. O 15. CEILING JOISTS TO TOP PLATE 3 -8d 2001 CMC (2000 UMC)
�j C 16. CONTINUOUS HEADER TO STUD, TOENAIL 4 -8d 2004 CEC (2002 NEC)
17. CEILING JOISTS, LAPS OVER ABBREVIATIONS FIRE DEPARTMENT ES 18. CEILING JOISTS TO PARALLEL RAFTERS, FACE NAIL IL 3 -16d 2005 Energy Standards
UBC Section 106.3.3 - (Information on
19. RAFTER TO PLATE, TOE NAIL 3 -8d Plans and Specifications)
1. ALL EQUIPMENT AND SHELVING shall be supported b six 6 inch high, Basil cleanable legs, 11. INDIRECT DRAINING Plumbing •,Fixtures and E tti me DOR KS: SEATING PROVIDED: No Seating Provided
Q pP Y O a Y b b q P 20. 1" BRACE TO EA. STUD AND PLATE, FACE NAIL 2 -8d
commercial castors, or completely sealed in position on a four (4) inch high minimum continuously coved a. Prep Sink 21. 1" x 8" SHEATHING OR LESS TO EACH BEARING, FACE NAIL 2 -8d MAXIMUM NO. OF EMPLOYEES: 3 PER SHIFT
base or concrete curb to facilitate ease of cleaning. b. Steam Tables (not self - contained)
22. WIDER THAN 1" x 8" SHEATHING TO EACH BEARING, FACE NAIL 3 -8d
c. Ice Machines PATH OF TRAVEL NOTES:
2. ALL FOOD and UTENSIL RELATED KITCHEN EQUIPMENT shall be NSF or ANCI certified. d. Soda Fountains 23. BUILT -UP CORNER STUDS 16d AT 24" O.C.
I. EXI5TING PATH OF TRAVEL FROM ACCE551BLE PARKING 15
e. Walk -in Coolers and Freezers god AT 32" O.C., AT TOP AND BOTTOM AND LEVEL WITH NO ABRUPT CHANGES IN ELEVATION.
24. BUILT -UP GIRDER AND BEAMS STAGGERED 2 -20d AT ENDS AND AT EA. SPLICE
3. CONCRETE FLOORS shall be smooth and sealed with sealers from Health Department Approved list of f . Gas Water Heater Over -flow
sealer manufacturers. Cove base used shall be ceramic the "slim- foot" designed specifically for top set 25.2" PLANKS 2 -16d AT EACH BEARING 2. SLOPE AT EXISTING PATH OF TRAVEL DOES NOT EXCEED
application. Sub mi t D r ODOSCd sealer SpCCS a n d samples O f "slim-foot" top set CO v C base prior t0 in Sta Il at i n. 12. WATER HEATE R shall: 26. WOOD STRUCTURAL PANELS AND PARTICLEBOARD
55 WITH 2% MAX. GR055 SLOPE. PROJECT INFORMATION
a. Be dedicated for excl e establishment. SUBFLOOR AND WALL SHEATHING:
4. FLOOR COVERINGS in all areas in which food is prepared, packaged, or stored, where any utensils are b. Be mounted on a g a d steel stand (interior) 18" (exterior) and strapped to walls with steel 1/2" AND LESS 6d 3 SHEET
washed, where refuse or garbage is stored, where janitorial facilities are located, in all toilet and straps 1/3 from o k om. 19/32" - 3/4" 8d OR 6d s NUMBER SHEET TITLE
hand - washing areas, employee change area and storage areas shall all be of an approved type that continues c. Provide hot a inks. 7/8" - 1" 8d 3
1 -1/8" - 1 -1/4" 10d OR 8d
s
u the wall a minimum of four 4 inches in a seamless manner with a 3/8" radius cove as an integral unit. d. Be e lore i � � Ic lati n um .
p () gr B u n p p 1 COVER SHEET, SITE PLAN, FIRE DEPT. NOTES &GENERAL NOTES
Submit samples of floor coverings) and cove base(s), includine anv proposed "slum- foot" or metal top -set COMBINATION SUBFLOOR - UNDERLAYMENT (TO FRAMING): w w
cove bases, prior to installation. 13. OEQUIPMENT shall be spaced 6" apart and from adjacent walls, or flashed together and to 3/4" AND LESS 6d s z w v 2 FLOOR PLAN, REFLECTED CEILING PLAN & SCHEDULES
7/8" - V 8d s W
ll, cooking equipment must be equipped with commercial castors and quick disconnect gas s > ¢ 3 ACCESSIBILITY NOTES
1 -1/8" - 1 -1/4" 10d OR 8d Z
5. WALLS IN THE KITCHEN shall be smooth drywall painted semi -gloss enamel with a minimum 70 °/ tin ¢ w
27. PANEL SIDING TO FRAMING: > Z 4 ACCESSIBILITY DETAILS
reflective value, or: /. 1/2" 6d 6 z Ft 0
a. Covered with stainless steel flashing under the range hood. /l = . RESTROOM FACILITIES: 5 /8" 8d 6 0 � = 5 DETAILS
b. Covered FRP over water - resistive "green-board" behind all sinks. ��C ^/J \J 2001 CBC Section 413.3 28. FIBERBOARD TO SHEATHING: BALBOA AVENUE
Separate toilet facilities shall be provided for each sex. 1/2" No. 11 ga a ENV -1 MECHANICAL ENERGY FORMS
.
6. WALLS IN THE RESTROOM (S) shall be smooth ceramic file or FRY wainscot u 4'- 0" Exception: 6d °
above the finish floor as indicated on the plans and smooth drywall painted semi- s�s r ove, and 1. Residential installations No. 16 ga. s M -1 MECHANICAL NOTES AND DETAILS
shall consist of the following light reflective values: \\ J/ 2. In occupancies serving ten (10) or fewer people, one toilet facility designed for use by no more than one 25/32" No. 11 ga. a M -2 MECHANICAL FLOOR AND ROOF PLAN
a. 70% light reflective value (LRV) below the splash line. �/ person at a time, shall be permitted for use by both sexes. 8d 4
b. 40% light reflective value (LRV) above the splash line \V \ 3. In business and mercantile occupancies with a total floor area of fifteen hundred (1500) square feet or No. 16 ga. 9 M -3 MECHANICAL NOTES AND KITCHEN EQUIPMENT SCHEDULE
v less, one (1) toilet facility, designed for use by no more than one (1) person at a time, shall be permitted for 29. IN4TERIOR PANELING: 4d 10 �•: M -4 EXHAUST HOOD DETAILS
7. WALLS 1N THE CUSTOMER AREAS shall be smooth a nt semi -gloss enamel or latex with use by both sexes.
the following light reflective values: 2001 CBC Section 413.5.2 3/8" 6d 11 M -5 EXHAUST DUCT WRAP SPECS &DETAILS
a. 70% light reflective value LRV below the 5 la Fixtures for customer use shall be permitted to be met b providing a centrally located facility accessible to z COMMON OR BOX NAILS MAY BE USED EXCEPT WHERE OTHERWISE STATED. TRAVEL OF
g (LRV) p P Y P g y } M -6 EXHAUST HOOD DETAILS
b. 40% light reflective value (LRV) above the spla several stores. The maximum distance from entry to any store to this facility shall not exceed five hundred NAILS SPACED AT 6" ON CENTER AT EDGES, 12" AT INTERMEDIATE SUPPORTS EXCEPT 6" AT ALL SUPPORTS WHERE
SPANS ARE 48" OR MORE. FOR NAILING OF WOOD STRUCTURAL PANEL AND PARTICLEBOARD DIAPHRAGMS AND
(500) fee[. SHEAR WALLS, REFER TO SECTIONS 2315.3.3 AND 2315.4. NAILS FOR WALL SHEATHING MAY BE COMMON, BOX OR PARK AVENUE P-1 PLUMBING GENERAL NOTES AND DETAILS
8. HOOD exhaust fan(s) and MAKE -UP AIR fan(s) Thiabe interlocked to switch on /off simultaneously. 2001 CBC Section 413.5.3 CASING. P -2 PLUMBING HOT AND COLD WATER PLAN
In stores with a floor area of one hundred fifty (150) square feet or less, the requirements to provide 3 COMMON OR DEFORMED SHANK.
9. MOP SINK shall have: facilities for employees shall be permitted to be met b providing centrally located facility accessible to 4 COMMON. SITE (E) AGGE551$LE
p Yp g Y Y P -3 PLUMBING WASTE AND VENT PLAN, GREASE TRAP DETAILS
a. A faucet equipped with aback -flow prevention device. several stores. The maximum distance from entry to any store to this facility shall not exceed three hundred s DEFORMED SHANK.
b. A mop rack adjacent to the sink. (300) feet 6 CORROSION - RESISTANT SIDING OR CASING NAILS CONFORMING TO THE REQUIREMENTS OF SECTION 2304.3. PARKING STALL P -4 GAS LINE PLAN AND NOTES
FASTENERS SPACED 3" ON CENTER AT EXTERIOR EDGES AND 6" ON CENTER AT INTERMEDIATE SUPPORTS. NORTH
c. A chemical shelf above or adjacent to the sink. 2001 CPC Section 2902.3 8 CORROSION - RESISTANT ROOFING NAILS WITH 7/16" DIAMETER HEAD AND 1 -1/2" LENGTH FOR 1/2" SHEATHING AND 1- E -1 SINGLE DIAGRAM, GENERAL NOTES, LIGHTING FIXTURE SCHEDULE
In Occupancy Groups B, F, H, M and S, buildings or portions thereof where persons are employed shall be 3/4" LENGTH FOR 25/32" SHEATHING, CONFORMING TO THE REQUIREMENTS OF SECTION 2304.3.
10. DIRECT DRAINING Plumbing Fixtures and Equipment to WASTE SYSTEM: provided with at least One water Closet. Separate facilities shall be provided for each sex when the number 9 CORROSION - RESISTANT STAPLES WITH NOMINAL 7/16" CROWN AND 1 -1/8" LENGTH FOR 1/2" SHEATHING AND 1 -1/2" E -2 ELECTRICAL POWER AND LIGHTING PLANS
d. 3 Compartment Sink of employees exceeds four (4). Such toilet facilities shall be located either in such building or conveniently LENGTH FOR 25/32" SHEATHING CONFORMING TO THE REQUIREMENTS OF SECTION 2304.3.
1cPANEL SUPPORTS AT 16" [20" IF STRENGTH AXIS IN THE LONG DIRECTION OF THE PANEL, UNLESS OTHERWISE E -3 LIGHTING TITLE 24 COMPLIANCE FORMS
e. Hand Sink n a building adjacetl[ thereto on the Same property. MARKED]. CASING OR FINISH NAILS SPACED 6" ON PANEL EDGES, 12" AT INTERMEDIATE SUPPORTS.
f. Mop Sink 11 PANEL SUPPORTS AT 24 ". CASING OR FINISH NAILS SPACED 6" ON PANEL EDGES, 12" AT INTERMEDIATE SUPPORTS.
HEALTH DEPARTMENT NOTES TABLE 23- II -13-1 - NAILING SCHEDULE VICINITY MAP N.T.S. SHEET INDEX
REVISIONS BY
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SCALE
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PROJECT NAME
HAKONE
SHEET
ROOM FINISH SCHEDULE (E) EXISTING (N) NEW KITCHEN EQUIPMENT SCHEDULE (E) EXISTING (N) NEW
4' -0° (E) (N) ROOM FLOOR BASE WALLS CEILING KEY (E) (N) DESCRIPTION QTY. SIZE /MANUFACTURER BTUH /KWs /CFM REMARKS
GL CUSTOMER AREA CERAMIC TILE CERAMIC TILE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH WOOD PAINTED SEMI -GLOSS 1 RANGE HOOD 1 CAPTIVE AIRE 1750 CFM UL LISTED HOOD, EXH & MAKE -UP AIR FANS
12" 42"
MAX. I MIN. SERVING AREA QUARRY TILE QUARRY TILE 3/8" R COVE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH WOOD PAINTED SEMI -GLOSS 2 FRYER 1 AMERICAN RANGE 120,000 BTUH NSF
II PREP AREA QUARRY TILE QUARRY TILE 3/8" R COVE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH DW PAINTED SEMI -GLOSS 3 6 BURNER RANGE 1 AMERICAN RANGE 227,000 BTUH NSF
COOKING AREA QUARRY TILE QUARRY TILE 3/8" R COVE STAINLESS STEEL ABOVE COVE TO HOOD SMOOTH DW PAINTED SEMI -GLOSS 4 RADIANT BROILER 1 AMERICAN RANGE 60,000 BTUH NSF
/ z CLEANING AREA QUARRY TILE QUARRY TILE 3/8" R COVE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH DW PAINTED SEMI -GLOSS 5 3 COMPARTMENT SINK 1 JTM INTERNATIONAL NSF
3 A —_ RECEIVING AREA QUARRY TILE QUARRY TILE 3/8" R COVE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH DW PAINTED SEMI -GLOSS 6 SANDWICH TABLE 1 TRUE NSF - SELF CONTAINED
B MOP STATION QUARRY TILE QUARRY TILE 3/8" R COVE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH DW PAINTED SEMI -GLOSS 7 PREP SINK 1 JTM INTERNATIONAL NSF
Q DRY STORAGE SMOOTH SEALED CONC CT 3/8" R TOP SET COVE SMOOTH DRYWALL PAINTED SEMI -GLOSS SMOOTH DW PAINTED SEMI -GLOSS 8 HAND SINK 1 JTM INTERNATIONAL NSF
Fl
\ 10 / 8A SOAP DISPENSER 1 BOBRICK NSF
P
8B PAPER TOWEL DISPENSER 1 BOBRICK NSF
r1 9 CHROME STORAGE SHELVES LF 25 LF x 4 TIER =100 LF NSF
i
10 CE MACHINE - RELOCATED 1 ICE- O -MATIC NSF
11 CASH REGISTER 1 NCR COUNTER +34" MAXIMUM HEIGHT
12 AIR CURTAIN 1 MARS MODEL FOR 36" NSF
*
13 MOP SINK 1 JTM INTERNATION�fi NSF
�I
13A MOP RACK 1 RUBBERMAID NSF
DOOR SCHEDULE (E) EXISTING (N) NEW 13B STAINLESS STEEL CHEMICAL SHELF 1 10--x24" Q NSF
�O^ 1 14 2 DOOR REACH -IN REFRIGERATOR 1 51 NSF
(E) (N) MARK LOCATION SIZE MATERIAL HARDWARE OTHER HARDWARE AND REMARKS 15 1 DOOR REACH -IN FREEZER 1 NSF
` ENTRY T -0" x T -O" x 1 -3/4" ALUMINUM
NORTH STOREFRONT PANIC HARDWARE OR SIGN ABOVE DOOR READING "THIS DOOR TO 1. AUTO FLUSH BOLT
D1 REMAIN UNLOCK DURING BUSINESS HOURS" IN 1" HIGH LETTERS 2. ALUM. THRESHOLD -NOT MORE THAN 1/2" ABOVE F.F.
3. CLOSER -MAX EFFORT TO OPEN NOT TO EXCEED 5 LBS.
ALL . 1 LEVER TYPE HANDLE
SHOWN ON THE HOLLOW CORE TIGHT FITTING DOOR AT RESTROOM.
OTHERS PLANS WOOD 2. CLOSER- MAX EFFORT TO OPEN NOT TO EXCEED 5 LBS.
3. NOTHRESHOLD -FLUSH
DETAILED R.R. PLAN SCALE:
RESTROOM KEYNOTES
I -I/2 "0 PAINTED (E) 3x4 R.R. ®24" O.G. /
Oj TANK TOILET WITH FLUSH HANDLE ON WIDE 51DE HANDRAIL
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8 6
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O F.R.P. PANELS TO 48" OVER M015TURE +71
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12 RESISTIVE GYP. BD. - - - - - -- - -++
42" MIN.
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24 \
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10 SURFACE MOUNTED PAPER TOWEL DISPENSER
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b WHITE SEMI -6LOS5 WHITE IIII IIII - -
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b WHITE SEMI -6LOS5 WHITE IIII IIII - -
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Attachment No. PC 3
Police Department Memorandum
City of Newport Beach
Police Department
August 9, 2010
TO: Jaime Murillo, Associate Planner
FROM: Detective Bryan Moore
SUBJECT: Hakone, Use Permit, UP2010 -016 (PA2010 -084).
At your request, the Police Department has reviewed the project application for
Hakone, located at 211 Marine, Newport Beach. The applicant requests a use
permit to change the use classification of an existing take -out restaurant to a full -
service, small -scale restaurant to allow the service of beer and wine. The
existing restaurant is currently not permitted any seating; the proposed plan will
add a total of 8 seats.
The applicant currently has applied for a Type 41 (On Sale — Beer and Wine)
license with the Department of Alcoholic Beverage Control.
I have included a report by Crime Analyst Paul Salenko that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this location is not within an area
where the number of crimes is at least 75% higher than the average of all
reporting districts in the City as outlined in the City Council "K -7" policy.
Additionally, this location is not within an RD that is over the Orange County per
capita of ABC licenses.
Applicant history
Tony Wang is the applicant and his family has been in the restaurant business
for approximately 25 years. Hakone has been operating at 211 Marine for the
last two years and Tony is primarily responsible for the day to day operations.
Hakone has a total of 3 employees and it is common to find at least one member
of the Wang family present at the restaurant during the hours of operation.
Hakone serves traditional Japanese cuisine, including sushi. Tony believes
adding beer and wine to the menu will compliment the food and enhance the
overall dining appeal of the restaurant. Tony plans on offering various brands of
bottled beer as well as Japanese sake (rice wine) to his dine -in patrons.
Hakone
UP2010 -016
There have been no notable incidents with respect to police related activity at this
location.
Recommendations
Do to the small dining area of the restaurant the Police Department does have
some concerns about patrons (waiting for dining tables) consuming alcoholic
beverages on the public sidewalk. To address this concern, we have
recommended that the applicant post a professional quality sign at the front exit
that advises patrons not to take alcohol outside the licensed area.
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Flours of Operation
The proposed hours of operation are 11:00 a.m. to 8:30 p.m., Monday through
Saturday (closed Sunday).
Security
The Police Department has no recommendations.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
The Police Department has no objection to the operation as described by the
applicant. For the purposes of this application, staff may also want to consider
establishing conditions that would require a special event permit. A special event
permit may be required for any event or promotional activity outside the normal
operational characteristics of the proposed operation. For example, events likely
to attract large crowds, events for which an admission fee is charged, events that
include any form of contract promoters, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
2
Hakone
UP2010 -016
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit Hakone to operate as a bar, tavern, cocktail
lounge or nightclub as defined by the Municipal Code, unless the Planning
Commission first approves a use permit.
2. Food service from the regular menu must be made available until close.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. Applicant shall post and maintain a professional quality sign (clearly visible
at front exit) which designates the specific area where patrons may
consume alcoholic beverages. Posted sign shall read:
"NO ALCOHOLIC BEVERAGES MAY BE TAKEN BEYOND THIS
POINT."
5. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
6. No "happy hour" type of reduced price alcoholic beverage promotion shall
be allowed except when offered in conjunction with food ordered from the
full service menu. .
7. 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.
8. 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.
9. There shall be no live entertainment allowed on the premises without first
obtaining a permit from the City.
10. There shall be no dancing allowed on the premises without first obtaining
a permit from the City.
91
Hakone
UP2010 -016
If you have any questions, please contact Detective Bryan Moore at (949) 644-
3725.
Bryan Moore, ABC Liaison
Detective Division \
Denise Birch, Lieutenant
Acting Detective Division Commander
City of Newport ]Beach
Police Department
Memorandum
July 30, 2010
TO: Jaime Murillo, Associate Planner
]FRONT: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Hakone at 211 Marine
Avenue. This area encompasses our reporting district (RD) number 42 as well as part of
Census Tract 630.06. This report reflects City of Newport Beach crime data for calendar year
2009, which is the most current data available.
Calls for Service Information
City wide there were approximately 69,294 calls for police services during this time, of which
1,583 were in RD42. A "call for service' is, any contact of the police department by a citizen
which resnits in the dispatching of a unit or causes the contacted employee to take some sort
of action, such as criminal investigations, alarm responses, traffic accidents, parking
problems, and animal control calls, etc.
Crime Information
There were 6,194 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,350 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per
100,000 people.
Crimes
RD 42
Newport Beach
California*
National*
Part 1
63
2,884
1,265,920
11,149,927
Part 2
33
3,350
N/A
N/A
Part 1Crime Rate
1,915.60
3,297.31
3,444.06
3,667.02
The number of active ABC licenses in this RD is 11 **
Per capita ratio 1 license for every 299 residents.
This reporting district had a total of 111 reported crimes as compared to a City wide
reporting district average of 162 reported crimes. This reporting district is 51 crimes under or
31.48% below the City wide reporting district average. This location is not within an RD that
is over the Orange County per capita average of ABC licenses * *.
Arrest Information
There were 4 DUI arrests and 11 Plain Drunk arrest in this area during this same period as
compared to 1,270 for the entire city. This RD amounts to 1.18% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 42
Newport Beach
California*
National*
(DUI /Drunk)
15
1,270
336,008
2,094,465
Total Arrests
27
3,595
1,547,811
14,005,615
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 41 and RD 43
Crimes
RD 41
RD 43
Part 1
71
23
Part 2
52
17
Crime Rate
3,638.90
2,046.86
Arrests (DUI/Drunk)
33
6
Total Arrests
80
15
Calls For Service
1,294
2,046.86
Number of active ABC licenses
9 **
5 **
Per capita ratiol license for every
217* residents
225* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 86,252.
*These numbers are from the 2008 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of June 30, 2009 the Orange County average
of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a
population of 3,026,786)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
Attachment No. PC 4
Map of Reporting Districts
taw�o�, Reporting Districts �.
Newport Beach Police Department
Effective Jan 1, 2008
54th ST
37th ST
N
W +E
S
i,,,i, = 411001 e,t
_.5
mules
I
fi
�e
20th ST
12
7th ST /
B ST
UPPER
NEWPORT
BAY
2
11
C ->
KE
pR
SAIV
BUCK
GULLY
MORNING 67
CANYON
FA CI FIC OCEAN /
CRYSTAL COVE /
STATE PARK
61
CRYSTAL COVE
STATE PARK
l
I R,NbngDstrcts_tl%LLmxd
Item 2: Materials Received
After Packet Published
City of Newport Beach
September 9, 2010
Agenda Item 2
Subject: Revised Conditions of Approval
Hakone Japanese Restaurant (PA2010 -084)
Revisions shown in Bold
22. Service and consumption of alcoholic beverages shall be limited to the
interior of the restaurant. Applicant shall post and maintain a professional
quality sign (clearly visible at front exit) that designates the specific area where
customers may consume alcoholic beverages. Posted sign shall read "NO
ALCHOLIC BEVERAGES MAY BE TAKEN BEYOND THIS POINT."
45. 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
Hakone including, but not limited to, Use Permit No. 2010 -016 and the
determination that the project is exempt under the requirements of the
California Environmental Quality Act. This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and/or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
46. A maximum of eight seats shall be permitted, as depicted on the approved
plans.
47. The applicant shall submit plans for the construction of the new counter to
the Building Department for review within 30 days of the effective date of this
approval. Construction of the new counter and implementation of the
approved seating arrangement shall be completed by December 39, 2090.