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HomeMy WebLinkAbout3.0_31st Street Lido LLC_PA2009-096CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 8, 2009 Meeting Agenda Item 3 SUBJECT: 31st Street Lido, LLC 500 31st Street - PA2009 -096 ■ Use Permit No. UP2009 -027 APPLICANT: 31st Street Lido, LLC PLANNER: Chris Savan, Planning Technician (949) 644 -3253 or csavan @newportbeachoa.gov PROJECT SUMMARY A use permit application to exceed the base height limit of 26 feet of the 26/35 Height Limitation Zone pursuant to Section 20.65.040.0 of the Municipal Code. The applicant is proposing a mixed -use building with a maximum height of 32 feet. 1) Conduct a public hearing; and 2) Adopt a resolution approving Use Permit No. UP2009 -027 with the attached Findings and Conditions (Attachment No. PC 1). 31st Street Lido, LLC October 8, 2009 Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE MU -1­14 (Mixed -Use Horizontal 4 ) SP-6: RSC (Retail, Service, Commercial Vacant lot NORTH MU -H4 SP-6: RSC Office SOUTH MU -144 SP-6: RSC Mixed -use EAST MU -H4 SP -6: RSC Single-unit dwelling WEST MU -1­14 SP -6: SR (Specialty Retail Mixed -use i 31st Street Lido, LLC October 8, 2009 Page 3 INTRODUCTION Project Setting The subject parcel is 2,790 square feet, 30 feet wide by 93 feet long, and is undeveloped. It is located on the southeast corner of the 31st Street and Villa Way intersection and fronts 315t Street. The parcel is adjacent to a single -story office to the north, a two -story, single -unit dwelling to the east, and mixed -use buildings to the south and west. Project Description The applicant is proposing a mixed -use building that includes a 750 - square -foot commercial unit on the ground floor and a 2,092- square -foot residence above the commercial unit. The building height will reach 32 feet at the interior property line and will slant downward toward Villa Way to 27 feet 1 inch. The second floor of the proposed building steps back 20 feet 3 inches from the front property line and 4 feet 8 inches from the side property line along the majority of its frontage on Villa Way. Deck areas are proposed on the second floor at the front and rear of the property and on the third floor at the rear of the property. Two parking spaces are provided for the residential unit in a garage accessed from the alley. Three parking spaces are provided for the commercial unit: one handicapped space with access from 31st Street and two tandem spaces with access from the alley. A new curb cut along 31st Street will be provided to accommodate the handicap parking space and an existing curb cut along Villa Way will be closed. Background A building with a nearly identical design at the subject parcel was approved by the Planning Commission on March 5, 2005 to exceed the base height limit under Use Permit Number UP2005 -001 (PA2005 -001). The proposed maximum height of the building was also 32 feet. The major difference from the proposed design is that it provided two parking spaces off 315t Street and three parking spaces off of the alley; also, the ground floor had a different floor plan configuration. The Use Permit expired because it was not exercised within 24 months of the approval date. r 1 31 n Street Lido, LLC October 8, 2009 Page 4 Analysis A use permit is required to exceed the 26 -foot base height limit of the 26/35 Height Limitation Zone as established by the Cannery Village /McFadden Square Specific Plan. Section 20.65.030.A of the Municipal Code specifies that the height of a sloped roof is the vertical distance between the grade and the midpoint of the roof plane and no part of a roof shall extend more than 5 feet above the permitted height limit. In the 26/35 Height Limitation Zone, the maximum height of the building at the midpoint of the roof plane is 26 feet and the maximum overall height is 31 feet. The approval of this Use Permit would allow a building height at the midpoint of 29 feet 7 inches and a maximum height of 32 feet. In order to approve the Use Permit, the Planning Commission must make the following findings specified by Section 20.43.050 of the Municipal Code: Finding 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protected. Facts in Support of Finding The proposed project is situated on private property that is located more than 400 feet from the bay. Several streets adjacent to the subject property provide access to the bay, and the proposed project does not include alterations to the public right -of -way that would impede or provide an opportunity to improve physical access to the bay. Also, the closest portion of the bay is the Rhine Channel, which is not visible from any public vantage point adjacent to the property. Finding 2. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. Facts in Support of Finding The increased building height raises the achievable ceiling height to accommodate additional floor area on the third floor. The additional floor area on the third floor consists of area that would otherwise be located on the second floor. This allows a 20- foot 3 -inch step back from the front property line for the second and third floors, a 4 -foot 8 -inch step back from the side property line for a majority of the second and third floors �_t 31't Street Lido, LLC October 8, 2009 Page 5 along Villa Way, and open deck space at the rear of the property on the second and third floors. These building step backs and deck areas increase the volume of open space by greater than 10,000 cubic feet within the allowable building envelope, whereas the volume of the proposed building that exceeds the base height limit occupies less than 6,000 cubic feet. Finding 3. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. Facts in Support of Finding An increase to the building height allows for step backs on the second floor adjacent to the front, street side, and rear of the property by relocating potential enclosed area to the third floor. The use of broken wall planes and open metal deck railings softens the building mass from the abutting streets and alley. Open space on the ground level is complemented with approximately 300 square feet of landscaped area in excess of the 113 square feet required by the Municipal Code. Finding 4. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding The Cannery Village contains a variety of building heights. Many buildings are at or near the 26 -foot height limit and several buildings exceed the base height limit with the approval of a use permit or by legal nonconforming status. For example, The Cannery Lofts project, south of the subject property, was constructed with a maximum height of 34 feet 6 inches under Use Permit Number UP2001 -022 (PA2001 -128) in 2002. It was found that "the portions of the buildings above 26 feet are generally located to the center or rear of the buildings, which helps lessen the bulk of the buildings perceived from" the adjacent streets. The design of the proposed building employs a similar bulk - lessening method where the portions most exceeding the height limit are located near the interior property line and away from the adjacent streets. The proposed building's roof height of 27 feet 2 inches adjacent to Villa Way is keeping with the scale of development with the 26 -foot average roof height of the mixed -use project located at the property 430 3151 Street, west of the subject site. 31 " Street Lido, LLC October 8, 2009 Page 5 along Villa Way, and open deck space at the rear of the property on the second and third floors. These building step backs and deck areas increase the volume of open space by greater than 10,000 cubic feet within the allowable building envelope, whereas the volume of the proposed building that exceeds the base height limit occupies less than 6,000 cubic feet. Finding 3. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. Facts in Support of Finding An increase to the building height allows for step backs on the second floor adjacent to the front, street side, and rear of the property by relocating potential enclosed area to the third floor. The use of broken wall panes and open metal deck railings softens the building mass from the abutting streets and alley. Open space on the ground level is complemented with approximately 300 square feet of landscaped area in excess of the 113 square feet required by the Municipal Code. Finding 4. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding The Cannery Village contains a variety of building heights. Many buildings are at or near the 26 -foot height limit and several buildings exceed the base height limit with the approval of a use permit or by legal nonconforming status. For example, The Cannery Lofts project, south of the subject property, was constructed with a maximum height of 34 feet 6 inches under Use Permit Number UP2001 -022 (PA2001 -128) in 2002. It was found that "the portions of the buildings above 26 feet are generally located to the center or rear of the buildings, which helps lessen the bulk of the buildings perceived from" the adjacent streets. The design of the proposed building employs a similar bulk - lessening method where the portions most exceeding the height limit are located near the interior property line and away from the adjacent streets. The proposed building's roof height of 27 feet 2 inches adjacent to Villa Way is keeping with the scale of development with the 26 -foot average roof height of the mixed -use project located at the property 430 31 st Street, west of the subject site. 319t Street Lido, LLC October 8, 2009 Page 6 There is a two -story dwelling unit located on the east side of the property with a height of approximately 24 feet. The comparison between the 32- foot -high portion of the proposed building with the adjacent 24- foot -high building is not abrupt because the difference in height is only 8 feet. Moreover, due to the age and design of the dwelling unit, this property is likely to be redeveloped with a new building with a height and scale comparable to that of the proposed project. Finding 5. The increase in height shall not result in floor area exceeding the floor area otherwise permitted. Facts in Support of Finding The proposed floor area ratio of 1.2 does not exceed the maximum permitted floor area ratio of 1.25 prescribed by the Zoning Code nor ratio of 1.5 prescribed by the General Plan and Coastal Land Use Plan. Finding 6. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.65.030. Facts in Support of Finding The grade is established as 8.67 feet above mean low water level (NAVD88) per Section 20.65:030.8.1 (Flood Hazard Areas), and the height is measured to the midpoint of the sloped roof and the ridge of the sloped roof as required by Section 20.65.030.A (Height of Structure). General Plan and Local Coastal Program The subject property is designated MU -H4 (Mixed -Use Horizontal 4) by the General Plan and MU -H (Mixed -Use Horizontal) by the Coastal Land Use Plan. The proposed mixed -use building is consistent with these land use designations. Policy LU 6.10.1 of the General Plan and Policy 2.1.5 -5 of the Coastal Land Use Plan require mixed -use or commercial development on street comers in Cannery Village. The policies' purpose is to achieve street corners in Cannery Village that serve the public. The proposed commercial space may be utilized for office or retail uses that serve the public. The Land Use Element policies promote a distinct neighborhood character. The proposed project incorporates architectural treatment that complements the Cannery Village neighborhood. The design of the building includes a corrugated metal roof, exposed steel beams, and open metal railings are consistent with the character of the existing neighborhood. I 31st Street Lido, LLC October 8, 2009 Page 7 The Land Use Element establishes policies for the design of mixed -use buildings and their compatibility with adjacent uses. The proposed structure incorporates a defined division between the ground level commercial unit and the residential unit above with horizontal articulation of the finished floor on the exterior of the building. Separate entryways are also provided for each use. A proposed solid concrete wall adjacent to the existing building mitigates noise transmission from the parking area. The Circulation Element requires new development to minimize curb cuts to protect on- street parking and requires alley access for parking areas in new developments. One handicap parking space for the commercial unit will be accessible from 31t Street. A new curb cut along 31St Street will be provided to accommodate the handicap parking and the existing curb cut along Villa Way will be closed. A relocation of on- street parking from 31st Street to Villa Way will result in no net loss of on- street parking. The four other off - street parking spaces will be accessible from the alley. The applicant has proposed that the two commercial spaces have a tandem configuration under a covered area and the two residential spaces have a side -by -side configuration within a garage. Circulation Element Policy CE 7.1.1 "require[s] that new development provide adequate, convenient parking for residents, guests, business patrons, and visitors." Staff recommends that the two commercial spaces be designed with the side -by -side configuration to allow for independent ingress and egress from the alley for each space. Zoning Code The subject property is zoned Retail, Service, Commercial (RSC) within the Cannery Village /McFadden Square Specific Plan (SP -6). The proposed mixed -use building, with a commercial unit on the ground floor and a residential unit above, is a permitted use in the zoning district. The proposed project conforms to the setback, floor area, bulk, landscaping and parking requirements for the zoning district. The design of the building incorporates elements of the Cannery Village Theme recommended in Section 20.43.030. A corrugated metal roof, exposed steel beams, and open metal railings enhance the architectural character of the building and its integration with the neighborhood. Environmental Review The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures), which exempts the construction of new structures with less than 10,000 square feet of commercial square footage and six residential units. The proposed project does not exceed those thresholds. Nb 31 at Street Lido, LLC October 8, 2009 Page 8 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 ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared bbyj: / Chris Savan, Planning Technician ATTACHMENTS Submitted by: David Lepo, Plannin irector PC 1 Draft Resolution with Findings and Conditions PC 2 Project plans F:\Users\PLN\Shared \PA's \PAs - 2009 \PA2009 - 096 \UP2009 -096 Staff Report.doc dl 1- Attachment No. PC 1 Draft Resolution 0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -027 TO INCREASE THE HEIGHT LIMIT FOR A MIXED - USE BUILDING LOCATED AT 500 31sT ST (PA2009 -096). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 315t St Lido, LLC, with respect to the property located at 500 3151 Street, and legally described as Lancasters Addition, Block 430, Lot 21 requesting approval of a use permit. 2. The applicant proposes to increase the height limit to construct a 32 -foot mixed -used building. 3. The subject property is located within the Retail, Service, Commercial (RSC) designation within the Cannery Village /McFadden Square Specific Plan (SP-6) Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 4 (MU -1­14). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal (MU -H). 5. A public hearing was held on October 8, 2009 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 action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 2. This exemption includes the construction of new structures with less than 10,000 square feet of commercial square footage and six residential units. �J Planning Commission Resolution No. PC2009 -XXX Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.43.050 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protected. Facts in Support of Finding: A -1. The proposed project is situated on private property that is located more than 400 feet from the bay. Several streets adjacent to the subject property provide access to the bay, and the proposed project does not include alterations to the public right -of -way that would impede or provide an opportunity to improve physical access to the bay. A -2. The closest portion of the bay is the Rhine Channel, which is not visible from any public vantage point adjacent to the property. Finding: B. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. Facts in Support of Finding: B -1. The increased building height raises the achievable ceiling height to accommodate additional floor area on the third floor. The additional floor area on the third floor consists of area that would otherwise be located on the second floor. This allows a 20 -foot 3 -inch step back from the front property line for the second and third floors, a 4 -foot 8 -inch step back from the side property line for a majority of the second and third floors along Villa Way, and open deck space at the rear of the property on the second and third floors. These building step backs and deck areas increase the volume of open space by greater than 10,000 cubic feet within the allowable building envelope, whereas the volume of the proposed building that exceeds the base height limit occupies less than 6,000 cubic feet. Finding: C. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. \�P Planning Commission Resolution No. PC2009 -XXX Page 3 of 7 Facts in Support of Finding: C -1. An increase to the building height allows for step backs on the second floor adjacent to the front, street side, and rear of the property by relocating potential enclosed area to the third floor. The use of broken wall planes and open metal deck railings softens the building mass from the abutting streets and alley. Open space on the ground level is complemented with approximately 300 square feet of landscaped area in excess of the 113 square feet required by the Municipal Code. Finding: D. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding: D -1. The Cannery Village contains a variety of building heights. Many buildings are at or near the 26 -foot height limit and several buildings exceed the base height limit with the approval of a use permit or by legal nonconforming status. For example, The Cannery Lofts project, south of the subject property, was constructed with a maximum height of 34 feet 6 inches under Use Permit Number UP2001 -022 (PA2001 -128) in 2002. It was found that "the portions of the buildings above 26 feet are generally located to the center or rear of the buildings, which helps lessen the bulk of the buildings perceived from" the adjacent streets. The design of the proposed building employs a similar bulk - lessening method where the portions most exceeding the height limit are located near the interior property line and away from the adjacent streets. The proposed building's roof height of 27 feet 2 inches adjacent to Villa Way is keeping with the scale of development with the 26 -foot average roof height of the mixed -use project located at the property 430 31 sc Street, west of the subject site. There is a two-story dwelling unit located on the east side of the property with a height of approximately 24 feet. The comparison between the 32- foot -high portion of the proposed building with the adjacent 24- foot -high building is not abrupt because the difference in height is only 8 feet. Moreover, due to the age and design of the dwelling unit, this property is likely to be redeveloped with a new building with a height and scale comparable to that of the proposed project. Finding: E. The increase in height shall not result in floor area exceeding the floor area otherwise permitted. ��1 Planning Commission Resolution No. PC2009 -XXX Pape 4 of 7 Facts in Support of Finding: E -1. The proposed floor area ratio of 1.2 does not exceed the maximum permitted floor area ratio of 1.25 prescribed by the Zoning Code nor ratio of 1.5 prescribed by the General Plan and Coastal Land Use Plan. Finding: F. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.65.030. Facts in Support of Finding: F -1. The grade is established as 8.67 feet above mean low water level (NAVD88) per Section 20.65.030.6.1 (Flood Hazard Areas), and the height is measured to the midpoint of the sloped roof and the ridge of the sloped roof as required by Section 20.65.030.A (Height of Structure). SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -027 subject to the conditions set forth in Exhibit A. 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. PASSED, APPROVED AND ADOPTED THIS 81h DAY OF OCTOBER, 2009. AYES: NOES: ABSTAIN: ABSENT: BY: Robert Hawkins, Chairman BY: Charles Unsworth, Secretary \ J' Planning Commission Resolution No. PC2009 -XXX Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. 2009 -027 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 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. 5. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 6. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Prior to the issuance of a buildino permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 8. 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. 9. All trash shall be stored within the building or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 10. The minimum elevation of the finished floor for the buildings shall be 8.67 feet above mean sea level based upon NAVD 88. 1A Planning Commission Resolution No. PC2009 -XXX 11. The commercial space within the project shall not be converted or used for residential purposes. Residential space shall be used for residential purposes and shall not be converted or used for commercial purposes. Commercial activity within the residential portions of all buildings shall comply with Section 20.60.100 (Home Occupations in residential Districts). 12. A minimum of two parking spaces, one of which is covered, shall be available for the exclusive use of the residential occupants. 13. Each commercial parking space shall be marked to indicate its designation for employees and customers of the commercial business(es). Each commercial parking space accessed from the alley must have independent ingress and egress that remains clear of all obstructions at all times. BUILDING CONDITIONS 14. 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. PUBLIC WORKS CONDITIONS 15. The driveway approach on 31st Street shall be constructed per City Standard #163 -L. 16. There shall be no net loss of on- street parking spaces as a result of the project. The proposed driveway approach on 31st Street will result in a loss of two on- street parking spaces. These affected on- street parking spaces shall be relocated onto Villa Way. The City Traffic Engineer shall review the proposed locations of the relocated on- street parking spaces on Villa Way. 17. The existing unused driveway approach on Villa Way will need to be abandoned per City Standard #165 -L and replaced with a new curb, gutter, and sidewalk. 18. A 10- foot - radius corner cutoff at the corner of 31St Street and Villa Way shall be dedicated to the City for street purposes. 19. A new ADA- compliant curb access ramp shall be constructed at the comer of 315t Street and Villa Way per City Standard #181 -L. This may result in the relocation of an existing catch basin on 31st Street. Relocation of the catch basin shall be determined by the Public Works Department and shall be at the expense of the owner of the property. 20. The existing alley approach on Villa Way shall be ADA - compliant per City Standard #142 -L. 1 Planning Commission Resolution No. PC2009 -XXX Page 7 of 7 21. New parking meter posts shall be installed on Villa Way next to all relocated on- street parking spaces per City Standard #920 -L. 22. A 5 -foot rear setback adjacent to the alley shall be maintained clear of any above - ground obstructions. 23. An encroachment agreement is required for all work activities within the public right -of- way. 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