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HomeMy WebLinkAbout5.0 - Zinque Cafe Conditional Use Permit - PA2015-178 ITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 21, 2016 Meeting Agenda Item No. 5: SUBJECT: Zinqu6 Conditional Use Permit 3440, 3442 and 3446 Via Oporto Conditional Use Permit No. UP2015-042 (PA2015-178) APPLICANT: Le Zinc Bar, LLC OWNER: DJM Capital Partners, Inc. PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY A conditional use permit (CUP) to allow a food service eating and drinking establishment, Zinqu6, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. A restaurant at this location previously operated pursuant to Conditional Use Permit No. UP2020 and UP2020A, Accessory Outdoor Dining Permit No. OD0043, and Planning Director's Use Permit No. UPD013, would be superseded if the subject application is approved. The proposed restaurant will also occupy a previous retail suite. Pursuant to Chapter 5.25 of the Newport Beach Municipal Code (NBMC), the operation, as described, requires the owner/operator to obtain an Operator License. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2015-042 (Attachment No. PC 1). INTRODUCTION Project Setting The proposed restaurant is located at the northeast corner of Via Oporto within the commercial area known as Lido Marina Village. The property is developed with a 4,845- square-foot, two-story vacant commercial building. Parking is provided in a nearby 357 space parking structure located at 3434 Via Lido. 1 V� QP �P Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 2 VICINITY MAP S 1 % ,4 i N ♦ / �� Subject 1 Property >L a i 1 , z 1 Y/ GENERAL PLAN ZONING J \ ON-SITE MU-W2 (Mixed-Use Water MU-W2 (Mixed-Use Restaurant and Retail Building Related) Water Related vacant NORTH MU W2 (mixed-Use Water M Water(Mixed d Se Newport Bay Related SOUTH MU-W2 (Mixed-Use Water MU-W2 (Mixed-Use Lido Marina Village Retail/Office Related) Water Related Destination EAST MU W2 (Mixed-Use Water M W (Mix(Mixed-Use Lido Marina Villagenetail/Office Related ater MU-W2 (Mixed-Use Water MU-W2 (Mixed-Use Nobu Restaurant currently under WEST Related) and PF (Public Water Related) and PF construction Facilities) (Public Facilities) 3 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 3 Lido Marina Village is a commercial development that historically includes a mix of retail, service, office, and restaurant uses. This development is currently undergoing renovation and the establishment of new tenants. Newport Harbor is to the north. The adjacent marina accommodates several charter boats, which have operated in the area since the mid 1990's and cater to private parties and special events. Site photographs of the subject property are included as Attachment No. PC 3. Project Description The applicant requests approval of a CUP to allow a food service, eating and drinking establishment, Zinque, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. The proposed establishment would occupy two existing restaurant spaces (Le Bistro and Le Bistro Cafe-Two) and an existing retail space. Building permits have already been issued for the demolition of the interior wall. Construction of the restaurant will include a new kitchen and dining area, expansion of the outdoor dining area by decreasing interior area, creating a to-go area and window, and the addition of restrooms resulting in a gross floor area of 2,379 square feet. The to-go window is intended to provide coffee and to-go food. An existing retail space will remain on the first floor and a 291-square- foot office space to be located upstairs. The restaurant includes 1,364 square feet of interior net public area (seating and customer areas) with 63 seats. The interior includes a wine and coffee bar "Zinc" which accommodates 14 of the 63 interior seats. The outdoor dining patio facing Newport Harbor is 795 square feet in area with 32 seats. Expanding the proposed restaurant into the abutting retail suite requires the approval of a CUP. The applicant has provided a project description (Attachment No. PC 4) and Table 2 provides a summary of the use, as requested by the applicant. Table 2. Summary of Applicant's Request Alcohol License Type 41 On Sale Beer and Wine Net Public Area 1,364 square feet interior 795 square feet outdoor patio Seats 63 interior and 32 outdoor dining patio seats Hours Interior 6:30 a.m. to 12:00 midnight, Monday through Thursday* 6:30 a.m. to 1:00 a.m., Friday through Sunday* Exterior 6:30 a.m. to 12:00 midnight, daily* To-go Area 6:00 a.m. to 10:00 p.m., Monday through Thursday 6:00 a.m. to 10:30 .m., Friday through Sunda Live Entertainment None *Doors shall be closed to new customers one hour prior to the closing hour and last call for service of alcohol shall be one half hour prior to the closing hour. Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 4 Pursuant to Chapter 5.25 of the NBMC, the proposed operation requires the owner/operator to obtain an Operator License issued by the Chief of Police because the proposed building and tenant improvements to the establishment result in a change in occupancy and the operational characteristics include late hours past 11:00 p.m. in conjunction with alcohol service. Background The commercial building was constructed in 1947. On December 14, 1972, the Planning Commission approved Use Permit No. 1636 permitting construction of a 367-space, 5- story public parking garage. Over time, the number of uses that rely upon the parking structure to satisfy code required parking increased as various restaurants obtained use permits from the City. In 1981, the Planning Commission approved Use Permit No. UP2020 to establish a restaurant, Le Bistro, with on-sale beer and wine, outdoor seating in conjunction with retail sales at 3446 Via Oporto. In 1983, the City Council approved an amendment to Use Permit No. UP2020 to increase the net public area of the dining area by decreasing the retail area and the addition of live entertainment. In 1997, the Planning Director approved Use Permit No. UPD013 and Accessory Outdoor Dining Permit No. OD0043 for the abutting retail space at 3442 Via Oporto which is in the same building. This allowed the conversion of an existing coffee shop into a full-service small scale restaurant with beer and wine service and outdoor dining (Le Bistro Cafe-Two). Lido Marina Village, including the project site, is currently undergoing an extensive remodel including improvements to the existing building facades, right-of-way, and marina and new tenants. On December 18, 2014, the Planning Commission approved CUP No. UP2014-014 (PA2014-002) (Planning Commission Resolution No. 1966 provided as Attachment No. PC 5), authorizing a comprehensive Parking Management Program for Lido Marina Village. The Parking Management Program applies to approximately 112,029 square feet of commercial floor area under the common ownership of DJM Capital Partners, including the proposed restaurant. DISCUSSION The Zoning Code requires an analysis and consideration of the following topics in conjunction with the approval of a conditional use permit with late hours of operation after 11:00 p.m.: consistency with the General Plan, Coastal Land Use Plan, and Zoning District, alcoholic beverage sales, late hours of operation, outdoor dining, parking, and the conditional use permit findings. Discussion of these topics is provided in the following sections. Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 5 Consistency with General Plan/Coastal Land Use Plan/Zoning The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code designate the properties within Lido Marina Village as Mixed-Use Water Related (MU-W2 and MU-W per CLUP). Permitted uses include commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. The project would allow for reuse of existing restaurants and expansion into an adjacent commercial space, maintaining the character of the district. A restaurant is consistent with the land use designation and zoning district with the approval of a use permit. The proposed project requires a CUP for the expansion and to authorize late hours of operation after 11:00 p.m. According to the property owner, DJM Capital Partners, Zinque is intended to serve as one of the major tenants within Lido Marina Village. The existing two-story building is consistent with the General Plan land use designation and Zoning Code of MU-W2, Floor Area Ratio (FAR) of 0.50 for nonresidential development. The new restaurant will actually decrease the floor area with the expansion of the outdoor dining area and the decrease of the interior dining area. Alcoholic Beverage Sales When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code requires the Planning Commission to evaluate the potential impacts upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to consider the proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. The adjacent uses are retail, office, restaurant (Nobu), recreation & entertainment (Elk's Lodge). The draft resolution includes conditions of approval to minimize negative impacts that the proposed restaurant may have on surrounding land uses and ensure that the use remains compatible with the surrounding community. In order to approve a CUP for alcohol sales, the Planning Commission must also find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In doing so, the follow must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 6 c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Reporting District 15, which includes Lido Village, Cannery Village and McFadden Square. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 6. A data sheet, which includes alcohol related statistics from 2014, is provided in Attachment No. PC 7. The Police Department does not object to the proposed operation and the business would be required to obtain an Operator License. A discussion of the factors is provided below: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes Part Two Crimes Part One Crimes (Serious offenses) (All other offenses) Rate (per 100,000 people RD No. 15 182 618 6,519 RD No. 13 68 163 4,124 RD No. 16 75 203 3,170 RD No. 25 78 121 2,777 Newport Beach 2,067 3,579 2,421 The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and adjacent districts. The crime rate in RD15 is 438 percent above the Citywide reporting district average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses. While the area does have a high concentration of alcohol licenses, the findings can be made despite higher concentrations of crimes and Lido Marina Village was designed to accommodate restaurants and this building has historically been occupied by a restaurant with alcohol service. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 7 Reporting District DUI/Public Total Arrests Calls for Service Intoxication Arrests RD No. 15 404 668 9,225 RD No. 13 75 162 4,043 RD No. 16 102 207 4,274 RD No. 25 42 105 4,000 Newport Beach 1,187 3,151 97,838 RD 15 has a higher number of DUI/Drunk Arrests, Total Arrests, and Calls for service recorded in 2014 compared to adjacent reporting districts. From January 1, 2014 through December 31, 2014, the Police Department reported seven calls for service to the subject property. These calls are described in the alcohol related statistics provided by PD in Attachment No. PC 7 and are not related to the restaurant use or associated with alcohol. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The subject property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no plans to add mixed-use. A mixed-use development that includes two residential units is located approximately 375 feet to the south along Via Oporto. Residential properties are located approximately 430 feet to the west across Newport Boulevard. Additionally, multi-family residential development is located 625 feet northeast of the Property across Newport Harbor. The nearest place of recreation, the beach, is located approximately one half mile to the west. The nearest church, St. James Episcopal Church, is located 1,050 feet to the south of the subject property along Via Lido. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office uses. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 4. The proximity of the other establishments selling alcoholic beverages for either off- site or on-site consumption. As reflected in the approved Parking Management Program, Lido Marina Village was designed to accommodate multiple restaurants and the proposed restaurant is expected 2 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 8 to be located in close proximity to other food service establishments. This includes a recently approved application for Nobu, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol license located at 3450 Via Oporto. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No. 15 75 1 per 37 residents RD No. 13 6 1 per 275 residents RD No. 16 6 1 per 394 residents RD No. 25 36 1 per 78residents County-wide 6,299 1 per 494 residents The per capita ratio of one license for every 37 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the proposed restaurant is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial area, together with the proposed operational characteristics would make the service of alcoholic beverages appropriate. Also, the building was previously occupied by the Le Bistro and Le Bistro Cafe-Two which each had a Type 41 License. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The existing commercial building has been vacant since renovations of Lido Marina Village began at the end of 2013. The draft resolution has been conditioned to require building improvements to bring the building into compliance with Building and Fire Code requirements. Offering alcohol service will complement the food service and provide a convenience to customers. The Police Department has no objections to the operation given the proposed hours of operation, license type, and location of the use. Refer to Attachment No. PC 8 for a copy of the Police Department Memorandum. The draft resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training (Condition No. 36). Approval of this application will require the operator to obtain an Operator License pursuant to Chapter 5.25 of the NBMC. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late-hour operations. 9 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 9 Late Hours of Operation Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport Beach Municipal Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late-hour operations': 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities, 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. Planning Division and Police Department staff recommend a closing hour of 12:00 midnight, Monday through Thursday, and 1:00 a.m. for Friday through Sunday with specific rules for closing. Doors would be closed to new customers one hour prior to the closing hour and last call for alcoholic beverages would occur one half hour prior to the closing hour. In comparison with other restaurants that close at 2:00 a.m., the proposed closing hours will assist the Police Department by not adding an additional restaurant with a 2:00 a.m. closing hour on the Peninsula. Staggered closing hours assist the Police so that not all patrons of late hour establishments leave the area at the same time. The outdoor dining patio provides 32 seats and is proposed to close at 12:00 midnight, daily. Patio speakers will be oriented toward the interior dining room where the music is expected to be played for background level ambiance. The nearest residential uses are located approximately 375 feet to the south at 3388 Via Lido, which is developed with two dwelling units on the upper three floors above two levels of retail/office. The nearest residential properties across Newport Harbor are 625 feet to the northeast at 3121 West Coast Highway, a multi-family condominium building. Since these residential uses are located several hundred feet away, noise impacts are not anticipated and compliance with the noise ordinance is required. Conditions of approval provided in the draft resolution require the music on the outdoor dining patio to be turned off at 10:00 p.m. The Planning Division and Police Department support the closing hour of 12:00 midnight for the outdoor dining patio (Attachment No. PC 8) with the same closing rules ' Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. (NBMC Sec.20.70.020) 20 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 10 as the interior to diminish the effects of exterior noise resulting from the outdoor dining patio. There will be no dancing or live entertainment allowed with the proposed establishment. The to-go area and window will have a more limited closing hour of 10:00 p.m., Monday through Thursday, and 10:30 p.m. Friday through Sunday to minimize impacts to the surrounding neighborhood. Alcohol beverage sales are not permitted from the to-go window. The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). The hours of operation will result in increased late-hour pedestrian and vehicular activity in and around Lido Marina Village. Most traffic is likely to access the area via Newport Boulevard and Via Lido. In conjunction with the operator license application, the applicant has submitted a security plan for both the tenant (Attachment No. PC 9) and the Lido Marina Village development (Attachment No. PC 10). The Police Department has reviewed the security plans to ensure that adequate security measures are in place for Lido Marina Village as a whole. The applicant has demonstrated that sufficient trash and recycling areas will be provided. Based on the size of the remodeled building, a total of 32 square feet of trash and recycling areas are required per Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the Zoning Code. There is a 236-square-foot trash enclosure area in front of Nobu restaurant that includes an exclusive 88-square-foot trash area for Zinque. This area is adequate to serve the needs of the proposed restaurant. Outdoor Dining The requested outdoor dining patio hours are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for, "a pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serves visitors and local residents." The proposed outdoor dining patios provide an additional amenity for coastal visitors to enjoy the harbor frontage. Parking The proposed restaurant is located in an area that is subject to a captive market and results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics will reduce the parking demand to a number lower than than the required parking. Parking for Lido Marina Village is provided in the nearby structure at 3434 Via Lido and along Via Lido and Via Oporto. 11 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 11 In November, 2014, a parking study was prepared in conjunction with a Parking Management Program for Lido Marina Village. The study details the availability of parking in the street and in the nearby parking structure. The Parking Management Program approved by Planning Commission Resolution No. 1966 (Attachment No. PC 5) for Lido Marina Village allows the center to be occupied up to a certain occupancy threshold whereupon a new parking study will be conducted based on real-time data to determine whether additional off-site parking is necessary or if the existing parking available is sufficient. When this occurs, the Parking Management Program will be reviewed by the Planning Commission again. The proposed restaurant does not exceed the identified occupancy thresholds as indicated in the attached tracking table (Attachment No. PC 11) and thus, a new parking study and subsequent Planning Commission review of the parking are not required at this time. CUP Findings The expanded floor area and operational changes to accommodate the new restaurant at this location are considered substantial changes in operation that require the approval of a new CUP. Pursuant to Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a CUP: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The operation is defined as a Food Service, Late Hours and is consistent with the purpose and intent of MU-W2 (Mixed-Use Water Related) General Plan land use designation and Zoning District. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses through compliance with the proposed conditions of approval. 12 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 12 Pursuant to Coastal Land Use Plan policies, the project will provide public access via a public walkway along the water front with a width of approximately 9-feet, 10-inces. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for restaurants. The proposed renovations are expected to have a positive impact on the overall economic health of the community and promote further revitalization of the other commercial properties within Lido Marina Village. Therefore, staff believes that the proposed restaurant and operational characteristics are appropriate for this location. Alternatives 1. 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. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the interior alteration of an existing building developed as a restaurant. Therefore, the project qualifies for a categorical exemption under Class 1. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 13 Zinque Conditional Use Permit Planning Commission, January 21, 2016 Page 13 Prepared by: Submitted by: Melinda Whelan Assistant Planner *na i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Site Photos PC 4 Applicant's Project Description PC 5 Planning Commission Resolution No. 1966 PC 6 Police Reporting Districts Map PC 7 Police Department Crime and Alcohol-Related Statistics PC 8 Police Department Memorandum PC 9 Zinque Security Plan PC 10 Lido Marina Village Security Plan PC 11 Restaurant Square Footage Tracking Table PC 12 Project Plans 1-� Attachment No. PC 1 Draft Resolution with Findings and Conditions 15 V� QP �P 2� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-042 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 41 ALCOHOL LICENSE, AND OUTDOOR DINING PATIO LOCATED AT 3440, 3442 AND 3446 VIA OPORTO (PA2015-178) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Emmanuel Dosseti, representing Le Zinc Bar LLC, with respect to property located at 3440, 3442 and 3446 Via Oporto, and legally described as Lots 1121 and 1122 (and portions of Lot 1123) in Tract 907, Miscellaneous Maps, records of Orange County. The applicant requests approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow a food service eating and drinking establishment, Zinqu6, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, an outdoor dining patio. The interior net public area is 1,364 square feet and accomodates up to 63 seats and the outdoor dining patio includes 795 square feet and accommodates 32 seats. 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. A public hearing was held on January, 21, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion 17 Planning Commission Resolution No. Page 2 of 14 of use. The proposed project involves the interior alteration of an existing commercial building. Therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages including the requirement to obtain an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area with a significant variety of land uses including commercial, retail, office, and marine-related resources. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. In accordance with Section 20.52.020.E (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: 10-02-2015 12 Planning Commission Resolution No. Page 3 of 14 Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) General Plan and CLUP land use designations apply to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the subject property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan and CLUP. 2. The requested outdoor dining patio hours are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for, "a pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents." The proposed enlarged outdoor dining patio and the take-out area and window provides an amenity for coastal visitors to enjoy the bay frontage. 3. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. There is no dancing or live entertainment proposed and the only music will be ambient or background music. 4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Planning Commission Resolution No. 1966) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 5. Pursuant to Coastal Land Use policies the project will provide public access via a public walkway along the water front with a width of approximately 9-feet, 10-inces. 6. The project site is not located within a Specific Plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor- 10-02-2015 29 Planning Commission Resolution No. Page 4 of 14 serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments classified as Food Service, Late-Hours require the approval of conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. 2. Section 20.48.090.F.3.b (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 12:00 midnight, daily, will minimize noise impacts to residents located across Newport Harbor. 3. The proposed use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Planning Commission Resolution No. 1966. 4. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing establishment will support local establishments within Lido Marina Village and improve the pedestrian streetscape. 6. The existing development is conforming to the 0.5 Floor Area Ratio (FAR). The floor area will actually be reduced with the proposed larger outdoor dining patio area. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. An eating and drinking establishment has operated in this building since 1981 and another eating and drinking establishment has operated since 1997. The commercial spaces are being combined and improved with a new kitchen, dining areas, and restrooms and the existing infrastructure is adequate to accommodate the new eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a key restaurant anchor within Lido Marina Village. The eating and drinking establishment also serves as an important visitor-serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 2. The subject property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the Lido Marina Village parking structure and adjacent streets (Central Avenue and Via Oporto) as authorized under the approved Parking Management Program for Lido Marina Village (Planning Commission Resolution No. 1966). 10-02-2015 20 Planning Commission Resolution No. Page 5 of 14 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 63 interior seats and 32 outdoor dining patio seats. The hours of operation have been limited to stagger and minimize the demand for police services in the area. The applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 41 (On Sale Beer and Wine) alcohol license so that the restaurant's primary use is an eating and drinking establishment and not a bar, lounge, or night club. Live entertainment is not permitted. 4. The take-out window and area has more limited hours of operation of 10:00 p.m. and 10:30 p.m. to minimize any impacts to the surrounding neighborhood. 5. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site is located within an existing commercial building with the majority of the space previously used for an eating and drinking establishment. The interior construction includes a new kitchen and dining area, expansion of the outdoor dining area by moving the wall facing the Bay, the addition of a to-go area and counter and the addition of restrooms. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 10-02-2015 21 Planning Commission Resolution No. Page 6 of 14 Facts in Support of Finding: 1. The tenant improvements to the existing commercial building should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Turning music at the patio off at 10:00 p.m. will ensure the restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-042 (PA2015-178), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP2020 and Amended Use Permit No. UP2020, Planning Director's Use Permit No. PDUP013 and Accessory Outdoor Dining Permit No. OD0043 which upon vesting of the rights authorized by this Conditional Use Permit No. UP2015-042 (PA2015-178) shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 21St DAY OF JANUARY, 2016. BY: Kory Kramer, Chairman 10-02-2015 22 Planning Commission Resolution No. Page 7 of 14 BY: Peter Koetting, Secretary 10-02-2015 23 Planning Commission Resolution No. Page 8 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. Conditional Use Permit No. UP2015-042 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) 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. This Conditional 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 7. 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. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only 10-02-2015 24 Planning Commission Resolution No. Page 9 of 14 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. The hours of operation for the interior of the restaurant shall be limited between 6:30 a.m. to 12:00 midnight, Monday through Thursday, and between 6:30 a.m. to 1:00 a.m., Friday through Sunday. The doors shall be closed to new customers one hour prior to the closing hour and last call for alcoholic beverages shall occur one half hour prior to the closing hour of the restaurant. 12. The hours of operation for the outdoor dining patio shall be limited between 6:30 a.m. to 12:00 midnight, daily with the same instructions for closing as the interior of the restaurant found in Condition No. 11. 13. The hours of operation for the to-go area shall be limited between 6:00 a.m. to 10:00 p.m. Monday through Thursday, and from 6:00 a.m. to 10:30 p.m., Friday through Sunday. 14. That the "net public area" shall not exceed 1,364 square feet for the interior of the subject restaurant facility. 15. At no time shall the queuing for the take-out window impede the public walkway or public right-of-way. 16. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 795 square feet in area. 17. The restaurant and patio seats shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. 18. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 19. There shall be no dancing allowed on the premises. 20. Live entertainment shall not be permitted unless an amendment to this Use Permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 21. The installation of roof coverings shall not have the effect of creating a permanent enclosure of the outdoor patio area. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 10-02-2015 2.5 Planning Commission Resolution No. Page 10 of 14 22. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 23. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right- of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 24. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 25. 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. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 26. 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. 27. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10:00 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal Code. 10-02-2015 20 Planning Commission Resolution No. Page 11 of 14 28. 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. 29. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 30. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 31. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 32. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. 33. 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 the Zinque Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2015-042. 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. 10-02-2015 27 Planning Commission Resolution No. Page 12 of 14 Police Department Conditions 34. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late-hour nuisances associated with the operation of the establishment. 35. 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. 36. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 37. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 38. Alcohol beverage sales are not permitted from the to-go window. 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 40. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 41. 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. 42. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 10-02-2015 22 Planning Commission Resolution No. Page 13 of 14 43. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Gaffiti shall be removed within 48 hours of written notice from the City. 44. 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. Fire Department Conditions 45. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code Section 609.2. 46. Each required commercial kitchen exhaust hood and duct system required by Section 609 with a Type I hood shall be protected with an approved automatic fire- extinguishing system installed in accordance with the fire code (C.F.0 Section 904.2.1). 47. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exist: CFC Sec. 903.2.1.2. a. The fire area exceeds 5,000 square feet; b. The fire area has an occupant load of 100 or more; c. The fire area is located on a floor other than a level of exit discharge serving such occupancies; or d. The structure exceeds 5,000 square feet. (As per NBFD amendment to CFC). Building Division Conditions 48. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 49. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 50. Strict adherence to maximum occupancy limits is required. 51. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 10-02-2015 �9 Planning Commission Resolution No. Page 14 of 14 52. A grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 53. 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. 54. A portion of the bar counter shall be lowered to be a maximum height of 34 inches and accessible seating shall be provided at the bar counter. 55. Kitchen exhaust fans shall be installed/maintained in accordance with the California Mechanical Code. A permit from the South Coast Air Quality Management District shall be obtained for the control of smoke and odor. 56. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Public Works Conditions 57. County Sanitation District fees shall be paid prior to the issuance of any building permits. 58. Provide a minimum 4-foot-wide walkway clear of obstructions at all times in front of the queuing area for the take-out window along Via Oporto. 10-02-2015 so Attachment No. PC 2 Draft Resolution for Denial 31 V� QP �P RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2015-042 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 41 ALCOHOL LICENSE, AND OUTDOOR DINING PATIO LOCATED AT 3440, 3442 AND 3446 VIA OPORTO (PA2015-178) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Emmanuel Dosseti, representing Le Zinc Bar LLC, with respect to property located at 3440, 3442 and 3446 Via Oporto, and legally described as Lots 1121 and 1122 (and portions of Lot 1123) in Tract 907, Miscellaneous Maps, records of Orange County. The applicant requests approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow a food service eating and drinking establishment, Zinque, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, an outdoor dining patio. The interior net public area is 1,364 square feet and accomodates up to 63 seats and the outdoor dining patio includes 795 square feet and accommodates 32 seats. 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. A public hearing was held on January, 21, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. 1 . Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) and Section 20.48.030 (Alcohol Sales) of the Zoning Code, eating and drinking establishments classified as "Food 33 Planning Commission Resolution No. Page 2 of 2 Service, Late Hours" located within the MU-W2 (Mixed-Use Water Related) Zoning District require the approval of a conditional use permit. The Planning Commission may approve a use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-042 (PA2015-178). 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 21St DAY OF JANUARY, 2016. BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 3'4 Attachment No. PC 3 Site Photos 35 V� QP �P 3C � 9 tl n` Vii! .a. �_ K... �� .A. AAA...'3' <' .a: -w.� •�, r /.:' ILe�i Y:.� '�� .� F;. j-�- i' �� r �� r 4v, ,1 r * ' r I T r � � r � - �%_ � �� � •�' � ..,� �? V� QP �P 3g Attachment No. PC 4 Applicant's Project Description 39 V� QP �P �o zinque PROJECT DESCRIPTION FOR CUP No. UP2015-042 (PA2015-178) 3440-3446 Via Oporto, Newport Beach, CA 92663 Type 41 Beer and Wine License Zinqu6, a coffee and wine bar with successful locations in both Venice, CA and West Hollywood, CA, conveys the warmth, charm and atmosphere of an authentic Parisian bistro. Serving as a community hub in the French tradition, the concept is designed around a long "zinc" counter/bar where patrons can enjoy their coffee, glass of wine, soft drink or beer while engaging in discussions, working using free WiFi, relaxing, people-watching or reading the newspaper. In addition, Zinqu6 offers a variety of high-quality, fresh-baked European pastries, sandwiches, salads, appetizers and hot dishes (please see attached sample menus). Zinqu6 also provides coffee and food to-go, as well as indoor and outdoor table seating, and a to-go counter. In addition to enhancing the visibility and cultural identity of the Lido Marina Village area because of its reputation as a"hip" hang-out, the project also provides a much-needed casual gathering place for locals and tourists alike. Zinqu6 attracts an upscale clientele which will contribute to the success and character of the local economy. For additional information, please visit www.lezinque.com Zinqu6 is a new restaurant occupying an existing restaurant space and expanding into an adjacent commercial suite. Construction includes an interior build-out with kitchen and dining areas, the expansion of the outdoor dining patio along the marina, the creation of a to-go counter, and the addition of men's and women's restrooms. SITE INFORMATION Proposed CUP Calculations Square Footage of Premises: 2,645 square feet Net Public Area - 1,364 square feet Patio Area - 795 square feet Walk-up Outdoor Counter- 220 square feet Landscaping No site work improvement under Zinpu6's scope of work. Please refer to sheet A2.50. Paving No site work improvement under Zinqu6's scope of work. Please refer to Area 7 permit on DJM Capital's Master Phasing Plan. 41 Parking No site work improvement under Zinque's scope of work. See attached master parking plan by SMS Architects. OPERATIONS, FOOD AND BEVERAGE Hours of operation to serve breakfast, lunch and dinner inside, with the patio closing no later than midnight: Monday 6:30 am— 12:00 am Tuesday 6:30 am — 12:00 am Wednesday 6:30 am— 12:00 am Thursday 6:30 am— 12:00 am Friday 6:30 am— 1:00 am Saturday 7:30 am— 1:00 am Sunday 7:30 am— 1:00 am Although additional customers will not be admitted one hour before closing time, food service will be provided at all business hours. Last call 30 minutes before closing. To-Go Counter Hours: Monday 6:00 am— 10:00 pm Tuesday 6:00 am— 10:00 pm Wednesday 6:00 am— 10:00 pm Thursday 6:00 am— 10:00 pm Friday 6:00 am— 10:30 pm Saturday 6:00 am— 10:30 pm Sunday 6:00 am— 10:00 pm The restaurant has 95 inside and outdoor seats. Please refer to the Proposed Floor Plan A2.00. Zinque employs a staff of approximately 40 people broken down into shifts (depending on the day of the week) as follows: - Between 5 - 8 employees during breakfast/lunch hours. - Between 9 - 13 employees during dinner hours. ENTERTAINMENT Ambient/background music will be played on an on-going basis from the regular restaurant sound system, and will consist of a mix of international lounge and "chill-out" tracks that enhance the atmosphere while allowing for conversation and work. Outdoor speakers will point toward the restaurant building to contain sound within the premises, and speakers will be individually controlled to keep the noise level within City Ordinance guidelines. 42 No dancing or live entertainment are proposed as part of restaurant operations. SECURITY PLAN As an existing business with locations in both Venice and West Hollywood, California, Applicant understands the importance of clear, concise and effective strategies for safety and security. Applicant has created a comprehensive handbook (attached herein) addressing these issues, and all employees are required to comply for their safety and security, as well as that of our guests. Applicant has also created a handbook related to security measures, how to deal with intoxicated customers, etc. This handbook is distributed to all new hires. These handbooks and guidelines have been proven effective since Applicant has had zero security incidences since the first location opened nearly four years ago. Applicant's business model attracts an affluent, upscale demographic, and Applicant takes a proactive position against safety and security risks by carefully training its staff, observing its clientele, and taking action before situations become dangerous. As a key measure, Applicant's bartenders, servers and baristas are L.E.A.D. certified, and their security-related duties include: • Greeting customers. • Verifying that guests are the appropriate age and possess current up-to-date and acceptable age identification. • Controlling of occupancy. • Ensuring that no minors are being served alcoholic beverages. • Maintaining a safe, clean and secure environment in all areas of restaurant, inside and outside. • Proactively observing clientele and intervening before any confrontation or altercation occurs. • Being prepared in the event of a natural disaster. • Patrolling parking lot for loiterers, vandals, litterers and others who pose a potential risk to safety or security. •Assisting with client or workplace-related injuries. • Coordinating with local law enforcement when needed. Additionally, in all locations, applicant has installed security cameras with cloud-based backup of up to 30 days of live footage. -4.3 V� QP �P Attachment No. PC 5 Planning Commission Resolution No. 1966 45 V� QP �P RESOLUTION NO. 1966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014- 014 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE (PA2014-002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Group Retail, LLC, with respect to Lido Marina Village located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and 3431-3505 Via Oporto requesting approval of a conditional use permit for a parking reduction, parking management plan, and off-site parking. The properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907. 2. The applicant requests a conditional use permit for a reduction in on-site parking requirements in conjunction with the renovation of uses within a shopping area known as Lido Marina Village. The requested reduction in on-site parking requirements is based upon anticipated parking demand over time taking into account the various uses at the site. The proposal also includes a parking management plan (PMP) pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) and off-site parking pursuant to Section 20.40.100 (Off-Site Parking). 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone and the Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. Use Permit No. UP1636 was approved in 1972 and authorized the construction of a public parking garage that exceeds the basic height limit within the 26/35 foot height limitation zone, and the acceptance of an Environmental Impact Report (EIR/NB 72-020). 6. A Parking Demand Analysis dated November 14, 2014, was prepared by Linscott, Law, & Greenspan, on behalf of the applicant, to determine the specific parking needs of the center. 7. A public hearing was held on December 4, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. The Planning Commission voted to continue the item to the December 18, 2014, meeting. Planning Commission Resolution No. 1966 Page 2 8. A public hearing was held on December 18, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. The meeting was continued to a date certain from the December 4, 2014, Planning Commission meeting. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The proposed project is a parking reduction and PMP associated with the renovation and re-occupancy of an existing 112,029 square feet commercial area (Lido Marina Village). Interior and exterior changes to the existing commercial buildings are largely cosmetic, necessary repair and maintenance, or seismic upgrades. The gross floor area will not be increased and a maximum of 430 square feet of existing commercial floor area will be converted from retail uses to restaurant uses and approximately 3,127 square feet of additional outdoor dining areas will be located adjacent to existing commercial buildings. With the implementation of the proposed PMP, parking necessary to meet actual parking demand will be provided by a combination of on-site parking and off-site parking consistent with Section 20.40.100 (Off-Site Parking). 2. The project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. Additionally, the proposed project is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts interior and exterior alterations and small additions to existing structures when the changes involve a negligible or no expansion of existing uses. SECTION 3. FINDINGS. The existing parking structure was constructed pursuant to Use Permit No. UP1636 (as approved on December 14, 1972). The parking structure is in substantial conformance with UP1636 and requires no amendment. The request to modify parking is considered a substantial change where this Conditional Use Permit shall supersede UP1636. In accordance with Section 20.40.110.6.1 (Reduction in Off-Street Parking) of the Newport Beach Municipal Code), the following conditions are set forth for the parking reduction and PMP: Finding: A. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed-use development). 1F g Planning Commission Resolution No. 1966 Page 3 Facts in Support of Finding: 1. A Parking Demand Analysis dated November 14, 2014, prepared by Linscott, Law, & Greenspan, concluded that parking demand for the renovated Lido Marina Village can be accommodated within a combination of private and public spaces in the immediate area for most of the planned uses. The Parking Demand Analysis includes two partial occupancy scenarios referred to therein as Scenario A and Scenario B (attached as Exhibits C and D to this resolution) where only portions of the vacant spaces in Lido Marina Village could be leased and occupied and parking demand would be observed to see if additional parking intensive uses could be accommodated given limited parking resources within Lido Marina Village. If not, the applicant will be required to secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code in order to be allowed to occupy further building area. 2. Parking within Lido Marina Village includes a multi-level parking structure, parking within Central Avenue, Via Oporto (planned), and along the north side of Via Lido. All of these spaces are within a convenient distance to the uses they serve. The most remote spaces are located within 650 feet of the most remote uses; however the majority of the spaces are located within the parking structure and are located within 300 feet of uses. 3. The parking demand analysis is reliant upon modifications to the pedestrian and parking areas within the Central Avenue and Via Oporto rights-of-way. The parking demand analysis, proposed right-of way improvements, modifications to the Lido Marina Village parking structure, and proposed valet operations plan have been reviewed and found convenient, safe and effective by the City Traffic Engineer. Finding: B. A parking management plan (PMP) shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: 1. The applicant has provided a PMP dated November 13, 2014, and prepared by LAZ Parking. The PMP provides a comprehensive strategy to manage the existing parking structure in Lido Marina Village including: valet operations, improvements to facilitate increased mobility for bicycles, pedestrians, & boats, the provision for future off-site parking when parking demand exceeds on-site supply, and limits on uses which generate higher parking demand. The Parking Demand Analysis includes two partial occupancy scenarios where only portions of the vacant spaces in Lido Marina Village would be leased and occupied and parking demand would be observed to see if additional parking intensive uses could be accommodated given the limited parking resources within Lido Marina Village. If not, the applicant will be required to secure off- site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. 49 Planning Commission Resolution No. 1966 Page 4 In accordance with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C. The parking facility is located within a convenient distance to the use it is intended to serve. On-street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. The Planning Commission shall review any proposed off-site parking locations to ensure that they are located a convenient distance from Lido Marina Village. If the distance necessitates it, a shuttle service will be provided for employees or patrons. 2. Fifty four (54) public and municipal metered spaces are available within Lido Marina Village with the planned improvements within the Central Avenue and Via Oporto public rights-of-way. These spaces do not contribute to satisfying the off-street parking requirement for Lido Marina Village; however, these public spaces will likely be utilized by visitors to Lido Marina Village due to proximity. The public spaces will remain available to the public and will not be controlled by the applicant. Finding: D. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The Planning Commission and City Traffic Engineer shall review any proposed off-site parking locations to ensure that they are located and operated to avoid undue traffic hazards or impacts to surrounding uses prior to implementation. Prior to the approval of any off-site parking lot, notice shall be provided to residents, businesses, and property owners within 300 feet of the proposed parking lot. Finding: E. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. Recorded or other binding agreements shall be provided to demonstrate that parking will be available to serve the uses within Lido Marina Village when the project demand requires. �D Planning Commission Resolution No. 1966 Page 5 2. Off-site parking for marine entertainment and excursion services may be provided at an off-site parking consistent with this Conditional Use Permit and Section 20.40.100 (Off-Site Parking) of the Zoning Code. 3. Appropriate signage shall be provided, indicating the availability of any off-site parking provided, subject to the review of the Community Development Director. 4. Off-site parking will be provided in accordance with Section 20.40.100 (Off-Site Parking). In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: F. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) land use designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Although Lido Marina Village does not include residential uses, the proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are consistent with the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis under the proposed Parking Demand Analysis and Implementation of the proposed PMP will ensure that an adequate supply of parking is provided for Lido Marina Village based upon the shared use of parking within Lido Marina Village and future off-site parking for patrons or employees when parking demand warrants it. Any future off-site parking must meet the conditions of Section 20.40.100 (Off-Site Parking) of the Zoning Code to ensure the parking is convenient and available when it is necessary while minimizing other conflicts or nuisance to surrounding properties. 3. The project site is not located within a Specific Plan area, Finding: G. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 51 Planning Commission Resolution No. 1966 Page 6 Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor- serving commercial and residential dwelling units on the upper floors. The proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are permitted or conditionally permitted in the MU-W2 (Mixed-Use Water Related) Zoning District. 2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures will not result in increases to the existing gross floor area and resulting FAR. 3. The proposed parking reduction and PMP are consistent with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Off-site parking may be required and must be found consistent with Section 20.40.100 (Off-Site Parking) if it is required by the parking demand study for the implementation of Occupancy Scenario A or B (provided as Exhibits C and D to this resolution). Finding: H. The proposed project is consistent with applicable policies of the Coastal Land Use Plan that require public access to and along the waterfront. Facts in Support of Finding: 1. The project will include an improved public waterfront walkway no less than 6-feet wide, but preferably 10-feet wide across the entire project site 3400-3450 Via Lido. Public access between Via Oporto and the waterfront walkway will be provided by a minimum of three separate public walkways that will also be 6 feet in width. 2. The walkways will be improved and provided prior to issuance permits for outdoor patios in the existing public easement as identified in the approved PMP. 3. All public walkways will be open to the public at all times and appropriate coastal access signage will be provided. Finding: I. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. 52 Planning Commission Resolution No. 1966 Page 7 Facts in Support of Finding: 1. The Lido Marina Village commercial area has been operating from its current location in Lido Village since the early 1970's and has been compatible with the commercial, institutional, and residential uses in the Lido Village area. The site has been operating with a significant number of vacancies for quite some time and revitalization of the area has been a priority of the City for a number of years. As a result, the City adopted the Lido Village Design Guidelines in 2012, to guide property owners toward making improvements to promote revitalization and compatibility. The proposed parking reduction and PMP will allow for the re-occupancy of Lido Marina Village with uses consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking meets actual parking demand overtime. 2. Lido Marina Village is a developed site. The applicant is not seeking any additional building area; however, the proposed changes in uses and the provision of exclusive restaurant dining areas will increase required parking as identified by the Zoning Code. Lido Marina Village will provide 368 private parking spaces and 54 public parking spaces for visitors to the area with the implementation of the proposed PMP. The PMP is a comprehensive parking management solution that includes additional off-site parking consistent with the requirements of the Zoning Code, should it prove necessary in the future as Lido Marina Village is re-occupied. As a result, the project site, with the implementation of the PMP, is physically suitable for the proposed mix of uses planned as parking will be supplied to meet actual parking demands. 3. This is an existing mixed-use district that is compatible with other commercial uses in the area. The restaurant uses included within Lido Marina Village will serve visitors, area businesses, and residents in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan policies, will be provided to Newport Bay as required by the conditions of approval. Finding: J. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The facts in support of Finding F support this finding and are incorporated by reference. 2. Emergency access to and through Lido Marina Village is currently provided from Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are currently provided and proposed changes to the rights-of-way have been reviewed and 53 Planning Commission Resolution No. 1966 Page 8 approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 3. Lido Marina Village is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public services and utilities. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and any restaurant uses will be reviewed by the Orange County Health Department. Finding: K. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The facts in support of findings A through G support this finding and are incorporated by reference. 2. The renovations to Lido Marina Village should have a positive impact on the area and may promote further revitalization of commercial properties in the Lido Village area. Potential restaurants within Lido Marina Village will require either a subsequent Minor Use Permit or Conditional Use Permit or an amendment to existing permits that will provide a public review process to ensure that the parking for said uses are consistent with the PMP and parking demand analysis. Additionally, the process will ensure that these uses will be compatible and not detrimental to the neighborhood or City. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-014 (PA2014-002), subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference, to replace and supersede Use Permit No. 1636. As a result, Use Permit No. 1636 is hereby rendered null and void. �9- Planning Commission Resolution No. 1966 Page 9 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 18TH DAY OF DECEMBER, 2014. AYES:BROWN, HILLGREN, KOETTING, LAWLER, MYERS AND TUCKER NOES: ABSTAIN: ABSENT: KRAMERR BY: = 2:- Larry Tucker, Cha�ir�maan/ BY: r (/"' v J ye , Se retary 55 Planning Commission Resolution No. 1966 Page 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO, UP2014-014 1. Parking at Lido Marina Village is intended to operate in an integrated manner under one permit. Therefore, each portion of subject property shall comply with the approved Parking Management Plan (PMP) dated November 13, 2014, prepared by LAZ Parking, and any amendments to the PMP shall be reviewed and be approved by the Community Development Director with notice on the Planning Commission agenda prior to expiration of the appeal period for decisions of the Community Development Director. 2. In no case shall higher intensity land uses (e.g. restaurant and nail salon that have a higher parking requirement than the base retail rate) exceed the maximum gross floor area of uses identified the Land Use Summary dated November 3, 2014, attached as Exhibit "B" to this resolution. 3. Conditional Use Permit No. UP2014-014 (PA2014-002) authorizes a parking reduction from what would otherwise be required by the Zoning Code and establishes the maximum intensity of uses within Lido Marina Village that may be allowed. This Use Permit does not authorize further conditional use permits or minor use permits for any other activity where the Zoning Code requires said permits. 4. Prior to the approval of permits for uses in excess of Occupancy Scenario A or Occupancy Scenario B as shown in Exhibits C and D, attached, the applicant shall submit a new Parking Demand Analysis prepared by a qualified traffic consultant or traffic engineer that identifies expected parking demands for the remainder of unoccupied spaces within Lido Marina Village for review and approval by the City Traffic Engineer and Planning Commission. If the approved study does not show that sufficient parking is available within Lido Marina Village to serve said uses, the applicant may secure off-site parking to meet anticipated parking demands. Off-site parking shall be reviewed and approved by the City Traffic Engineer and Planning Commission prior to the implementation of Occupancy Scenario A or B and shall be consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Prior to the approval of any off-site parking lot, notice and an opportunity to comment shall be provided to residents, businesses, and property owners within 300 feet of the proposed parking lot. In the event that the right to use any off-street automobile parking spaces provided for in an offsite parking agreement ceases for any reason, the applicant shall immediately notify the Community Development Director of the loss of such offsite parking spaces. Upon notification that the agreement for any of the required off-site parking has terminated, one of the following shall occur within 60 days of the date applicant was obligated to so notify the Community Development Director: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the off-site parking spaces no longer available; (c) The applicant submits to the Director a new or amended Off-Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces as were originally covered by the off-site parking agreement. Planning Commission Resolution No. 1966 Page 11 5. If off-site parking is secured and made available for patron use, the applicant shall provide appropriate signage indicating the availability and location of the off-site parking to the satisfaction of the Community Development Director. 6. Prior to the issuance of occupancy for restaurants within Lido Marina Village, the existing triple tandem parking spaces on fifth level of the parking structure shall be shall be removed. The parking structure shall provide a minimum of three hundred forty five (345) parking spaces and 13 tandem parking spaces. 7. Valet parking operations may be provided and shall be conducted consistent with the PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking service shall be provided when parking demand is expected to exceed 85 percent utilization of the parking structure. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs Standards) of the Newport Beach Municipal Code. The applicant shall install and maintain appropriate public access signage for all public walkways. The size, location, and message of said public access signs shall be subject to the review and approval of the Director of Community Development. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Fair share traffic fees apply for the addition of new exclusive outdoor dining patios and additional use intensity within Lido Marina Village. The applicant will be credited for existing uses and the loss of any gross floor area. Fair share fees shall be applied in accordance with the current fee schedule that is effective at the time each building permit is issued. 11. Should the property be sold or otherwise come under different ownership or control, 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. 12. A Special Event 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. 13. Conditional Use Permit No. UP2014-014 (PA2014-002) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060.A (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. Planning Commission Resolution No. 1966 Page 12 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. The project 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. 15. This Conditional Use Permit may be modified or revoked by the 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. 16. To the fullest extent permitted by law, the 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 Conditional Use Permit No. UP2014-014 (PA2014- 002), the including, but not limited to the Lido Marina Village PMP, valet parking, any future off-site parking agreements, all non-standard or private improvements within the public right-of-way, and encroachments within any easements or access walkways. 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. 17. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido) shall be provided and maintained consistent with Coastal Land Use Plan policies. The walkway shall be a minimum of 6 feet in width but preferably 10 feet wide or more. Minor encroachments may be permitted into the existing public access easement with the approval of a Public Works encroachment permit, provided adequate access will be maintained. The final location, width, design of the walkway shall be reviewed and approved by the Harbor Resources Division and Community Development Director. Public access to the waterfront walkway shall be maintained at all times. 18. A minimum of three vertical public walkways shall be maintained between Via Oporto and the lateral public access walkway along the waterfront, consistent with Coastal Land Use Plan policies. The walkways shall be a minimum of 6 feet in width but preferably wider. Minor encroachments may be permitted by the Community Development Director provided adequate access will be maintained. The three public walkways shall not be gated or otherwise blocked and shall be open for public access at all times. 5�' Planning Commission Resolution No. 1966 Page 13 a. One walkway shall be provided and maintained at 3448 Via Oporto (APN 423-123- 04). b. The second walkway shall be provided and maintained between 3424 and 3432 Via Oporto (APN 423-123-06) where an existing public access easement is currently located. c. The third walkway shall be located at 3400-3420 Via Oporto (APN 423-123-07) with the final location to be reviewed and approved by the Community Development Director. 19. Off-site parking for marine entertainment and excursion services may be provided at off-site parking locations with this Conditional Use Permit and Section 20.40.100 (Off- Site Parking) of the Zoning Code. 20, For existing fire access roadways, the minimum street width shall be 20 feet, with no parking on either side. The width shall be increased to 26 feet within 30 feet of a fire hydrant, with no vehicle parking allowed on either side of the street. Existing nonconforming conditions may remain until such time when the project site is redeveloped and all nonconformities shall be removed. No new structures will be allowed within fire access roadways without the prior review and approval of the Fire Department. 21. Where areas of no parking are required due to access and roadway widths, "No Parking" signs and/or red curbing will be required and must comply with Newport Beach Fire Department Guideline C.02. 22. Valet drop-off and pick-up may be conducted in designated parking spaces along the Via Oporto curb and shall not be conducted in fire access roadways. 23. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 24. All improvements subject to an encroachment agreement or encroachment permit shall be constructed as required by Ordinance and the Public Works Department. 25. An encroachment permit shall be required for all work activities or development within the public right-of-way, any public easements, on City-owned utilities or City-owned property. 26. All non-standard or private improvements within Via Lido, Central Avenue, and Via Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the Public Works Department and City Council. An updated encroachment agreement and permit shall be completed for non-standard or private improvements prior to installation. 59 Planning Commission Resolution No. 1966 Page 14 27. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto, and Central Avenue, the applicant shall remove and replace any damaged concrete curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction shall be determined by the Public Works Department. 28. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking spaces and parking aisle widths within the parking structure shall comply with City Standard #805-L-A&B. 29. All improvements shall comply with the City's sight distance requirement, City Standard #110-L. 30. This conditional use permit supersedes Use Permit No. UP1636, except this Use Permit continues to authorize the existence of a public parking garage that exceeds the basic height limit up to 35 feet in height. 00 L m E� s m n o o@ N J ry�ry N O N N m 11^ V/ F dE u N I O N N O O N O Q O m C ^ 6 e~i O epi M N p W b OO M ryJ C lyJ ' O O O = ry O O O m tl0 LO C Q. O a0 ED d y 1+0'1 40fi N H Q O O O N yi N N nj n M K A n N O O 10 O N O� 10 . 0 ri Z 0 N M t0ii N VF O N O 'd N N O @ 07 N 1O m v o. 4 0 _ m a e 3 t o y E E E EE c 2 0 0 n o m ry ry _ p � O T ti iO H w @ a n 0 N ^ C m 0 � v `ro w `o m � x c � d `5 w J W M O e0/1 N T N H r C ti e~i K w o v 3 Q c c v 9 " � e m �2 Planning Commission Resolution No, 1966 Page 16 EXHIBIT "C" OCCUPANCY SCENARIO Acd c Ten" se c n mo „ N 0 n ay o o U ya 4U 5 aa N OD f+l M ' i1 L} 0 3 y W Ol W O C .0 iH i N y O of 3 Q O Z O +'�- T to Oa+ q o w a w MW W'x H -' w p ZN0 .<cd F p .> aaj $ LL N Y 9 U) -93 C S � a�`i aEi y K la K O Z x 11a m LQ > •n 'O 'Q ... �m-- OfJ _ S O ♦ / / 5Q� N y M cr 52 � .. Y O r 0 rn N N � N r N � `O ` h Planning Commission Resolution No. 1966 Page 17 EXHIBIT "D" c c OCCUPANCY SCENARIO B > C Y p 4 Ip o O� n � f�.l � � Ian In � G. tC > >; gg O N n N `� o il5cli 0 o Ian v d.v m M O N > > 0 y c y y O c 2 F r7j 0r T c g 0 w a w m y V C •� N S — U ad N CD It= u) ¢ ra a~i LL x 90 4 > E E a �F � � f IJ � CJLl � 1CJII L =J • 1 Y ILL (Cco C V tC ♦ / i) ti c c O' ,c. � c i > `7 h' j b n n L . J �. m �0 _ D J1�yP �3 V� QP �P Attachment No. PC 6 Police Reporting Districts Map 05 V� QP �P Reporting Districts P' Newport Beach Police Department Effective Jan 1,2008 Flu— UPPER �1y��I,, 21 i NEWPORT DAY 1,5 s F—�' ! CANAL K t — uuu j> � s 240 17 J � �'°•� yv 32 25������� 38� � � I 54th ST� 1 W ... .. ..... -;:r: �L��6� /jJ W o X52 l 3 61 9 37th ST 15 22 ��� 4�2�0 �;, SAIV loth ST� 13 43 47 JOAQUIN 64 j 12 k4'8 P 7th ST B ST 11 G 6 i W N BUCK GULLY W+E 8 MORNING 67 'J J i „,n=3000 feet CANYON PACIFIC OCEAN 0.5 1 CRYSTAL COVE mays CRYSTAL COVE STATE PARK STATE PARK S oe02007 ReoonmgDsmas-nxn. 0 " 1 A -90 �g Attachment No. PC 7 Police Department Crime and Alcohol- Related Statistics 09 V� QP �P �o NEWPORT BEACH POLICE DEPARTMENT "eWPa`r a a r- aa C r6m,e,A mcaysik Unit � m Chief lay R.Johnson 870 Santa Barbara Drive - Newport Beach -CA 92660- 949.644.3791 c'�/rat�`! 2014 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law Alcohol Active License Per Subject: Intoxication Related Licenses Capita 3440-3446 Via ] 0 0 na[applicable 0 0 1 not applicable Oporto Subject RD: 9,225 182 620 6,518.62 668 102 302 6 360 75 37 RD15 Adjacent RD: 4,043 68 163 4,123.71 162 62 0 106 6 275 RD13 Adjacent RD: 4,274 75 203 3,169.91 207 27 75 4 217 6 394 RD16 Adjacent RD: RD25 4,000 78 121 2,776.79 105 14 0 6 36 78 Newport Beach 97,838 2,067 3,579 2,421.06 3,151 496 691 16 1,090 450 189 California not available 1,210,409 not available 3,249.08 1,183,470 199,017 15,904 not available 82,597 451 National not available 10,189,900 not available 3,300.42 12,408,899 1,215,077 534,218 500,648 not available not applicable not applicable Summary for Zinque at 3440-3446 Via Oporto (RD15) In 2014, RD15 had a total of 802 reported crimes,compared to a city-wide reporting district average of 149 reported crimes. This reporting district is 653 crimes,or 438%,OVER the city-wide average. The number of active ABC licenses in this RD is 75,which equals a per capita ratio of one license for every 37 residents. Orange County averages one license for every 494 residents and California averages one license for every 451 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Part 1 Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide, Rape, Robbery,Aggravated Assault, Burglary,Larceny-Theft Auto Theft,and Arson. This report reflects City of Newport Beach raw crime data for 2014,through December 31,before unfounded crimes are removed. California and National crime figures are based on the 2012 Uniform Crime Report which is the most recent edition. Crime Rate refers to the number of Part 1 Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of the date of this document. All Population figures taken from the 2010 Us Census. 71 1/6/2016 Additional Information OportoHighest Volume Crime in Calls for Service RD15 at 3440-3446 Via Vandalism BOAT THEFT REPORT 1 Simple Assault CITIZEN/AGENCY ASSIST 1 ■ MEDICAL AID NO PD RESPONSE 2 ■ Highest Volume Crime in RECOVERED STOLEN BOAT 1 ■ RD13 RECOVERED STOLEN VEH REPO 1 ■ Simple Assault RED ZONE VIOLATION 1 Highest Volume Crime in RD16 Residential Burglary Highest Volume Crime in Burg/Theft From Auto Attachment No. PC 8 Police Department Memorandum :51-3 V� QP �P NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Melinda Whelan, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: January 6, 2016 SUBJECT: Zinque Conditional Use Permit 3440-3446 Via Oporto Use Permit No. UP2015-042 (PA2015-178) Operator License No. OL2015-008 At your request, the Police Department has reviewed the project application for Zinque, located at 3440-3446 Via Oporto, Newport Beach. Per the project description, the applicant is applying for a conditional use permit with alcohol sales. The applicant anticipates acquiring a Type 41 (On-Sale General - Eating Place) Alcoholic Beverage Control license. An Operator License is required due to the late hours with the addition of alcohol. The requested hours of operation are: Interior - from 6:30 a.m. to 12:00 midnight, Monday through Thursday, and 6:30 a.m. to 1:00 a.m. Friday through Sunday. The doors shall close to new customers one hour prior to the closing hour, and last call will be made one half hour prior to the closing hour. The proposed exterior patio hours are 6:30 a.m. to 12:00 midnight daily. The to-go area hours are 6:30 a.m. to 10:00 p.m. Monday through Thursday, and 6:30 a.m. to 10:30 p.m. Friday through Sunday. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 3440-3446 Via Oporto. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 37'" Street to 20`" Street. RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the residents, as well as the Police Department. • In 2014, RD 15 had a total of 800 reported crimes, compared to a city-wide RD average of 148 reported crimes • In 2014, RD 15 was 441% over the city-wide average of reported crime 715 Zinque UP2015-042 • In 2014, RD 15 had 668 total arrests • Of those arrests, 102 were for Driving Under the Influence (DUI) and 302 were for Public Intoxication • 60% of arrests in that area are directly related to alcohol The Police Department understands the demographics and crime problems within RD 15 vary greatly by neighborhood, and that Lido Village may be poorly represented by the whole. We note the crime statistics of the entire reporting district because our resources are responsible for policing the entire area. Each neighborhood is affected by the calls for service of another within an RD. Due to the recent construction in the areas adjacent to the proposed restaurant space, it is difficult to determine the crime issues of the Lido Village neighborhood, or what the potential crime problems in this neighborhood will look like once all businesses are occupied. Over-Saturation and Public Convenience or Necessity The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 6,342 with 61 on-sale licenses. That is a per capita ratio of 1 license for every 104 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 494 residents. This location meets the legal criteria for undue concentration. • RD 15 has 75 on-sale ABC licenses • RD 15 is over the Orange County per capita ratio of 1 to 494 • RD 15 is significantly over saturated with a total per capita ratio of 1 license for every 37 residents Public Convenience or Necessity (PCN) is a tool utilized by the Department of Alcoholic Beverage Control (ABC) and local governing authorities to circumvent undue concentration. The subject establishment must be a public convenience or a necessity to the surrounding community. While there is no definitive or uniform guideline defining the application of PCN, local authorities can utilize this outlet in order to interject formal say into the state liquor license process. PCN for a type 41 license will be determined by ABC. Comments and Recommendations The Police Department has no objections to the restaurant. The proposed closing times and procedures are similar to the adjacent restaurant which the police department deems acceptable. The Police Department anticipates the entire development project on Via Oporto will be successful. The area will undoubtedly become lively which may carry with it some potential crime problems and quality of life concerns. Our goal is to draw from our public safety experience and mitigate these potential problems from the start. Therefore, the Police Department has discussed security concerns with the applicant. The applicant has indicated they will be installing a security camera system with a 30 day retention. The applicant has also submitted a detailed security plan which the police department deems adequate given their alcohol license type and closing hour. This security plan will act as an amendment to the 2 70 Zinque UP2015-042 Operator License when issued. Any changes to the security plan must be submitted to the Police Department. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 2. The approval is for the operation of Zinque, a food service, eating and drinking establishment with late hours, outdoor dining, and on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 (On-Sale General) Alcoholic Beverage Control License in conjunction with the restaurant as the principal use of the facility. 3. There shall be no dancing allowed on the premises. 4. 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. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 9. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 10. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media 3 Zinque UP2015-042 broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 11. 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. 12. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 13. 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. 14. Strict adherence to maximum occupancy limit is required. 15. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Civilian Investi dor Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. WendyJe Police Civilian Investigator, Special Investigations Brad Miller Sergeant, Special Investigations Ja d Lieutenant, Detective Division 4 :FR Attachment No. PC 9 Zinque Security Plan �9 V� QP �P go i f zinque Security measures for ALL SERVERS AND BARTENDERS Learn to recognize the warning signs of intoxication. By practicing good judgment and common sense, you can help to keep our patrons safe. Our goal is to provide you at Zinque with the right information and training to prevent patron intoxication and alcohol- impaired driving when you are serving alcoholic beverages.Assess how much a person has been drinking by recognizing the signs of intoxication and using the following methods for intervening with intoxicated guests. Signs of Intoxication While alcohol affects everyone differently,the signs of intoxication generally include: Slurred or slowed speech Tendency to lose a train of thought Red eyes, inability to focus Decreased alertness Staggering or the inability to walk Fine motor skills are affected, such as the inability to light a cigarette Drinking faster than usual Being overly friendly How Much is Too Much? To monitor how much a guest is drinking, the SMART(Server&Managers Alcohol Responsibility Training) program suggests using the traffic light system rather than counting how many drinks a guest has had. Here's how it works: Green: Patron shows no sign of impairment, is in a good mood,and is not drinking rapidly. Guest gets a green light! Yellow: Patron is not yet intoxicated, may be drinking quickly, is either in a "down" mood or out to celebrate, and may be showing some signs of impairment.Your goal is to stop serving before a guest is intoxicated,so serve this guest with caution! Red: Patron is showing signs of intoxication, may be in a depressed, aggressive or bad mood, is drinking fast, and seems intent on becoming drunk. Stop!This guest should not be served alcohol. Dealing with Intoxicated Patrons You have both the right and the duty to refuse service to an intoxicated patron.This puts you at risk, so keep the following in mind: • Politely deny service. Offer food or alcohol-free alternatives. 21 Tact and courtesy go a long way in preventing explosive situations. Avoid threatening statements, such as"You are drunk." Instead, put the focus on yourself. For example, "If I serve you another drink, I could lose my job." Offer to call a taxi or a friend for a ride. Be firm. Once you have refused service, do not bargain or back down. Stay calm and remain in control. Move on to serving other customers or attend to other tasks to keep yourself busy. If removal of a drunk patron becomes necessary, it should be done as quickly and with the least amount of force as possible. Using unreasonable force may result in injury and subsequent legal action. If there is the chance of a violent reaction from a patron, be prepared to call the police for assistance. In the event of an incident,fill out a Liquor Liability Incident Form,which documents the measures taken to control an intoxicated person, and helps to defend liability in the event of an alcohol-related accident. Intervening with an intoxicated patron may seem difficult, but your actions are critical. When you take the appropriate steps to prevent intoxicated patrons and alcohol-impaired driving, everyone benefits. 22 zinque ZIN-KAE RESTAURANT EMPLOYEE SAFETY & SECURI `T'Y MANUAL AN EMPLOYEE GUIDE TO SAFETY POLICIES IN PROCEDURES TO SUPPORT A SAFE AND SECURE ENVIRONMENT LEGAL DISCLAIMER TO USERS OF THIS FORM EMPLOYEE HANDBOOK: THE MATERIALS PRESENTED HEREIN ARE FOR GENERAL REFERENCE ONLY. FEDERAL, STATE AND/OR LOCAL LAWS, OR INDIVIDUAL CIRCUMSTANCES, MAY REQUIRE THE ADDITION OF POLICIES, AMENDMENT OF INDIVIDUAL POLICIES, AND/OR THE ENTIRE HANDBOOK TO MEET SPECIFIC SITUATIONS. THESE MATERIALS ARE INTENDED TO BE USED ONLY AS GUIDES AND SHOULD NOT BE USED, ADOPTED, OR MODIFIED WITHOUT THE ADVICE OF LEGAL COUNSEL. THESE MATERIALS ARE PRESENTED, THEREFORE, WITH THE UNDERSTANDING THAT THE COMPANY IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. 1 g3 COMMITMENT TO SAFETY ZINQUIE RECOGNIZES THAT EMPLOYEES DRIVE OUR BUSINESS. AS OUR MOST CRITICAL RESOURCE, EMPLOYEES WILL BE SAFEGUARDED THROUGH TRAINING AND PROCEDURES THAT FOSTER PROTECTION OF HEALTH AND SAFETY. ALL WORK CONDUCTED BY ZINQUO'S EMPLOYEES WILL TAKE INTO ACCOUNT THE INTENT OF THIS POLICY. NO DUTY, NO MATTER WHAT ITS PERCEIVED RESULT, WILL BE DEEMED MORE IMPORTANT THAN EMPLOYEE HEALTH AND SAFETY. ZINQU9 IS FIRMLY COMMITTED TO THE SAFETY OF OUR EMPLOYEES. WE ARE COMMITTED TO PROVIDING A SAFE WORKING ENVIRONMENT AND WILL DO EVERYTHING POSSIBLE TO PREVENT WORKPLACE ACCIDENTS, WE VALUE OUR EMPLOYEES NOT ONLY AS EMPLOYEES BUT ALSO AS HUMAN BEINGS CRITICAL TO THE SUCCESS OF THEIR FAMILIES AND THE LOCAL COMMUNITY. EMPLOYEES ARE ENCOURAGED TO REPORT ANY UNSAFE WORK PRACTICES OR SAFETY HAZARDS ENCOUNTERED ON THE JOB. ALL ACCIDENTS/INCIDENTS (NO MATTER HOW SLIGHT) ARE TO BE IMMEDIATELY REPORTED TO THE SUPERVISOR ON DUTY. A KEY FACTOR IN IMPLEMENTING THIS POLICY WILL BE THE STRICT COMPLIANCE TO ALL APPLICABLE FEDERAL, STATE AND LOCAL POLICIES AND PROCEDURES. FAILURE TO COMPLY WITH THESE POLICIES MAY RESULT IN DISCIPLINARY ACTIONS. RESPECTING THIS, ZINQUIE WILL MAKE EVERY REASONABLE EFFORT TO PROVIDE A SAFE AND HEALTHFUL WORKPLACE THAT IS FREE FROM ANY RECOGNIZED OR KNOWN POTENTIAL HAZARDS. ADDITIONALLY, ZINQUd SUBSCRIBES TO THESE PRINCIPLES: 1. ALL ACCIDENTS ARE PREVENTABLE THROUGH IMPLEMENTATION OF EFFECTIVE SAFETY AND HEALTH CONTROL POLICIES AND PROGRAMS. 2. SAFETY AND HEALTH CONTROLS ARE A MAJOR PART OF OUR WORK EVERY DAY. 3. ACCIDENT PREVENTION IS GOOD BUSINESS. IT MINIMIZES HUMAN SUFFERING, PROMOTES BETTER WORKING CONDITIONS FOR EVERYONE, HOLDS ZINQUIE IN HIGHER REGARD WITH CUSTOMERS AND INCREASES PRODUCTIVITY. THIS IS WHY ZINQUE WILL COMPLY WITH ALL SAFETY AND HEALTH REGULATIONS WHICH APPLY TO THE COURSE AND SCOPE OF OPERATIONS. 4. MANAGEMENT IS RESPONSIBLE FOR PROVIDING THE SAFEST POSSIBLE WORKPLACE FOR EMPLOYEES. CONSEQUENTLY, MANAGEMENT OF ZINQU9 IS COMMITTED TO ALLOCATING AND PROVIDING ALL OF THE RESOURCES NEEDED TO PROMOTE AND EFFECTIVELY IMPLEMENT THIS SAFETY POLICY. 5. EMPLOYEES ARE RESPONSIBLE FOR FOLLOWING SAFE WORK PRACTICES AND COMPANY RULES, AND FOR PREVENTING ACCIDENTS AND INJURIES. MANAGEMENT WILL ESTABLISH LINES OF COMMUNICATION TO SOLICIT AND RECEIVE COMMENTS, INFORMATION, SUGGESTIONS AND ASSISTANCE FROM EMPLOYEES WHERE SAFETY AND HEALTH ARE CONCERNED. 6. MANAGEMENT AND SUPERVISORS OF ZINQU9. WILL SET AN EXEMPLARY EXAMPLE WITH GOOD ATTITUDES AND STRONG COMMITMENT TO SAFETY AND HEALTH IN THE WORKPLACE. TOWARD THIS END, MANAGEMENT MUST MONITOR COMPANY SAFETY AND HEALTH PERFORMANCE ALONG WITH WORKING CONDITIONS TO ENSURE THAT PROGRAM OBJECTIVES ARE ACHIEVED. 7. OUR SAFETY PROGRAM APPLIES TO ALL EMPLOYEES AND PERSONS AFFECTED OR ASSOCIATED IN ANY WAY WITH ZINQUd OPERATIONS. EVERYONE'S GOAL MUST BE TO CONSTANTLY IMPROVE SAFETY AWARENESS AND TO PREVENT ACCIDENTS AND INJURIES. EVERYONE AT ZINQU9MUST BE INVOLVED AND COMMITTED TO SAFETY. THIS MUST BE A TEAM EFFORT. TOGETHER, WE CAN PREVENT ACCIDENTS AND INJURIES. TOGETHER, WE CAN KEEP EACH OTHER SAFE AND HEALTHY IN THE WORKPLACE. EMMANUEL DOSSETTI OWNER 2 24 EMPLOYEE SAFETY RESPONSIBILITIES THE PRIMARY RESPONSIBILITY OF EMPLOYEES OF ZINQUIE IS TO WORK IN A SAFE MANNER TO PREVENT INJURY TO THEMSELVES AND OTHERS. AS A CONDITION OF EMPLOYMENT, EMPLOYEES MUST BECOME FAMILIAR WITH, OBSERVE AND OBEY ZINQUI'S RULES AND ESTABLISHED POLICIES FOR HEALTH, SAFETY AND PREVENTING INJURIES WHILE AT WORK. ADDITIONALLY, EMPLOYEES MUST LEARN THE APPROVED SAFE PRACTICES AND PROCEDURES THAT APPLY TO THEIR WORK. BEFORE BEGINNING SPECIAL WORK OR NEW ASSIGNMENTS, EMPLOYEES SHOULD REVIEW APPLICABLE AND APPROPRIATE SAFETY RULES. IF EMPLOYEES HAVE ANY QUESTIONS ABOUT HOW A TASK SHOULD BE DONE SAFELY, THEY MAY NOT BEGIN THE TASK BEFORE DISCUSSING THE SITUATION WITH A SUPERVISOR. TOGETHER, THEY WILL DETERMINE THE SAFE WAY TO DO THE JOB. IF, AFTER DISCUSSING A SAFETY SITUATION WITH A SUPERVISOR, EMPLOYEES HAVE ADDITIONAL QUESTIONS OR CONCERNS, THEY ARE REQUIRED TO CONTACT THE SAFETY COORDINATOR. EMPLOYEES ARE NEVER REQUIRED TO PERFORM WORK THAT THEY BELIEVE 18 UNSAFE OR THAT THEY THINK IS LIKELY TO CAUSE INJURY OR A HEALTH RISK TO THEMSELVES OR OTHERS. GENERAL 'SAFETY RULES CONDUCT HORSEPLAY AND PRACTICAL JOKES ARE NOT ALLOWED. EMPLOYEES ARE REQUIRED TO WORK IN A CAUTIOUS MANNER AND TO DISPLAY ACCEPTED LEVELS OF BEHAVIOR. CONDUCT THAT PLACES THE EMPLOYEE OR OTHERS AT RISK, OR THAT THREATENS OR INTIMIDATES OTHERS, IS FORBIDDEN. DRUGS AND ALCOHOL USE AND/OR POSSESSION OF ILLEGAL DRUGS OR ALCOHOL ON COMPANY PROPERTY OR ON COMPANY TIME ARE FORBIDDEN. REPORTING FOR WORK WHILE UNDER THE INFLUENCE OF ILLEGAL DRUGS OR ALCOHOL IS FORBIDDEN. HOUSEKEEPING YOU ARE RESPONSIBLE TO KEEP YOUR WORK AREA CLEAN AND SAFE. CLEAN UP SEVERAL TIMES THROUGHOUT THE DAY, DISPOSING OF TRASH AND WASTE IN APPROVED CONTAINERS, WIPING UP ANY DRIPS/SPILLS IMMEDIATELY, AND PUTTING EQUIPMENT AND TOOLS AWAY AS YOU ARE FINISHED WITH THEM. THE FOLLOWING AREAS MUST REMAIN CLEAR OF OBSTRUCTIONS: ° AISLES/EXITS ° FIRE EXTINGUISHERS AND EMERGENCY EQUIPMENT ° ALL ELECTRICAL BREAKERS, CONTROLS AND SWITCHES INJURY REPORTING ALL WORK-RELATED INJURIES MUST BE REPORTED TO YOUR SUPERVISOR IMMEDIATELY. FAILURE TO IMMEDIATELY REPORT INJURIES CAN RESULT IN LOSS OF WORKERS' COMPENSATION BENEFITS. AFTER EACH MEDICAL APPOINTMENT RESULTING FROM A WORK-RELATED INJURY, YOU MUST CONTACT YOUR SUPERVISOR TO DISCUSS YOUR PROGRESS. YOU MUST ALSO GIVE YOUR SUPERVISOR ANY PAPERWORK THAT YOU RECEIVED AT THE APPOINTMENT. ZINQUIE PROVIDES TRANSITIONAL RETURN TO WORK (LIGHT DUTY) JOBS FOR PERSONS INJURED AT WORK. TRANSITIONAL WORK IS MEANT TO ALLOW THE INJURED OR ILL EMPLOYEE TO HEAL UNDER A DOCTOR'S CARE WHILE SHE/HE REMAINS PRODUCTIVE. EMPLOYEES ARE REQUIRED TO RETURN TO WORK IMMEDIATELY UPON RELEASE. 3 g5 OFF-SITE SAFETY A. EMPLOYEES OF ZINQUIR ARE REQUIRED TO FOLLOW ALL OFF-SITE SAFETY AND SECURITY PROCEDURES DURING CLIENT VISITS. B. IF YOUR CLIENT HOST DOES NOT ADVISE YOU REGARDING SAFETY HAZARDS, CONSIDER THE FOLLOWING: • EMERGENCY EXIT LOCATION($) • KEEP YOUR EYE ON THE PATH YOU ARE WALKING AND AVOID ANY TRIPPING/SLIPPING HAZARDS, AND WHEN ON STAIRS, MAINTAIN THREE POINT CONTACT (HAND ON RAIL AND FEET ON STAIRS) • WEAR SHOES THAT SUPPORT YOUR FEET AND ARE SLIP RESISTANT • AVOID CLOTHING THAT IS EITHER CONSTRICTIVE OR TOO LOOSE THESE RULES ARE ESTABLISHED TO HELP YOU STAY SAFE AND INJURY FREE. VIOLATION OF THE ABOVE RULES, OR CONDUCT THAT DOES NOT MEET MINIMUM ACCEPTED WORK STANDARDS, MAY RESULT IN DISCIPLINE, UP TO AND INCLUDING DISCHARGE. WHEN WORKING AT DIFFERENT LOCATIONS, EMPLOYEES ARE REQUIRED TO FOLLOW THE ABOVE RULES, AS WELL AS ALL LOCATION RULES AND PROCEDURES, AND WORK IN A MANNER THAT REFLECTS POSITIVELY ON THE COMPANY. BEFORE OPERATING ANY EQUIPMENT AT A CUSTOMER LOCATION, PERMISSION MUST FIRST BE SECURED FROM THE CUSTOMER CONTACT. 4 20 SAFETY ORIENTATION TRAINING ZINQUIt. IS COMMITTED TO PROVIDING SAFETY- AND HEALTH-RELATED ORIENTATION AND TRAINING FOR ALL EMPLOYEES AT ALL LEVELS OF THE COMPANY. ZINQU9 WILL MAINTAIN AND SUPPORT A PROGRAM TO EDUCATE AND FAMILIARIZE EMPLOYEES WITH SAFETY AND HEALTH PROCEDURES, RULES AND SAFE WORK PRACTICES. THE TRAINING SUBJECTS AND MATERIALS HAVE BEEN DEVELOPED USING INDUSTRY BEST PRACTICES CRITERIA AND SITE-SPECIFIC DATA. THE TRAINING MAY INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING: I. COMPANY-SPECIFIC ACCIDENT AND INCIDENT DATA 2. HAZARDS ASSOCIATED WITH THE WORK AREA 3. HAZARDS ASSOCIATED WITH A SPECIFIC JOB OR TASK 4. OPERATION OF SPECIFIC EQUIPMENT S. PERSONAL PROTECTIVE EQUIPMENT (PPE) 6. EMERGENCY PROCEDURES 7. EMPLOYEE ACCIDENT REPORTING REQUIREMENTS 8. RETURN TO WORK PROGRAM 9. ANY OSHA-REQUIRED TRAINING NOT INCLUDED OR ADDRESSED ABOVE PERIODIC INSPECTIONS IT IS THE POLICY OF OUR COMPANY THAT WORKPLACES ARE SUBJECT TO PERIODIC SAFETY AND HEALTH INSPECTIONS TO ENSURE IMPLEMENTATION AND EXECUTION OF OUR POLICIES AND PROCEDURES AS THEY RELATE TO EMPLOYEES, CONTRACTORS AND VENDORS. ALL EMPLOYEES ARE RESPONSIBLE FOR COOPERATING DURING THESE INSPECTIONS, AND MANAGERS AND SUPERVISORS ARE RESPONSIBLE FOR INITIATING CORRECTIVE ACTIONS TO IMPROVE ITEMS DISCOVERED DURING WALK-THROUGH INSPECTIONS. INCIDENT REPORTING 1. EMPLOYEES MUST REPORT ANY WORK-RELATED INJURY OR SUSPECTED INJURY TO A SUPERVISOR, JOBSITE FOREMAN OR TO HUMAN RESOURCES IMMEDIATELY, AND THEY MUST COMPLETE AN INCIDENT REPORT FORM. FAILURE TO PROMPTLY REPORT AN INJURY MAY RESULT IN DISCIPLINARY ACTION. 2. HUMAN RESOURCES WILL FILL OUT A FORM 6020 FOR THE INJURED EMPLOYEE TO TAKE TO THE TREATING MEDICAL PRACTITIONER. THE EMPLOYEE MUST RETURN THIS FORM TO HUMAN RESOURCES BY THE NEXT BUSINESS DAY. 3. AFTER EACH DOCTOR'S APPOINTMENT, THE EMPLOYEE MUST REPORT TO A SUPERVISOR AND HUMAN RESOURCES TO REVIEW PROGRESS. 4. Z.INQUG PROVIDES LIGHT DUTY WORK FOR EMPLOYEES RECOVERING FROM INJURY. EMPLOYEES ARE REQUIRED TO RETURN TO LIGHT DUTY WORK AS SOON AS THE DOCTOR ALLOWS. 5. AN ACCIDENT INVESTIGATION WILL BE CONDUCTED TO DETERMINE THE ROOT CAUSE OF THE ACCIDENT. THE INJURED EMPLOYEE, AS WELL AS ANY WITNESSES TO THE INCIDENT, WILL BE ASKED TO HELP WITH THE INVESTIGATION. 5 g� INCIDENT REPORT FORM INCIDENT REPORT **FOR INTERNAL USE ONLY** *GUEST DOES NOT RECEIVE A COPY* IN THE EVENT OF AN INCIDENT: 1. RECORD ALL RELEVANT INFORMATION SURROUNDING THE POTENTIAL CLAIM IN THE FORM PROVIDED BELOW. THIS INCLUDES DENYING ENTRY TO ANYONE WHO IS INTOXICATED, REFUSING SERVICE, EJECTING PATRONS, USE OF FALSE ID AND RECORDING AN ACCIDENT OR ALTERCATION. INCLUDE THE NAMES OF ALLEGED INTOXICATED PERSON AND CONTACT INFORMATION OF ANY WITNESSES, STAFF OR VOLUNTEERS THAT WERE PRESENT OR HAVE INFORMATION RELEVANT TO THE INCIDENT. 2. ONCE A CLAIM OR POTENTIAL CLAIM IS IDENTIFIED, IMMEDIATELY CONTACT A MANAGER. 3. REFER ANY DISCUSSIONS WITH THE CLAIMANT (INJURED PARTY) TO HUB INTERNATIONAL. DO NOT DISCUSS OR ADMIT LIABILITY WITH POTENTIAL CLAIMANTS. ESTABLISHMENT NAME: ZINQUIE DATE: ! NAME OF ALLEGED INTOXICATED PERSON OR PERSON(S) INJURED: ARRIVAL TIME: DEPARTURE TIME: BRIEF DESCRIPTION OF INCIDENT/COMPLAINT: INTERVENTION STRATEGIES USED: BARTENDERS/SERVERS ON STAFF: WITNESSES NAME(S) ADDRESS: TELEPHONE: HOME MOBILE AUTHORITIES CONTACTED? YES R NO R IF YES, WHOM: ADDITIONAL COMMENTS: PLEASE NOTE ANY RELEVANT FACTS THAT YOU ARE AWARE OF REGARDING THE ALLEGED INTOXICATED PERSON, INJURY OR PROPERTY DAMAGE/LOSS. PREPARED BY: POSITION: DATE: 6 22 WORKER'S COMP FORM 5020 rte ..plasrn triplicate(type 6 pose e)Mail Wecopecm: OSHA CASE NO. EMPLOYER'S REPORT OF OCCUPATIONAL INJURY OR ILLNESS every and they ❑ Any Person who maker or moose tortuar—M date Of MWident OR NgUyers to Mpod Mlme five days ast a J.If anemploee injury or dies illness whirl a lost knowingly rep coorhesduloth rrrsteriMMammenror dale al0eincidenl OR requires medical treatment beyond hrsl aid.11 an employee Subsequently dies ase result ala previously reported injury or material workers comfofonhepurpomoor payments? illness,Me employer must file vAmin five days of MoMedge an amended repod indicating depth.In addition.every serious injury,illness,or deem g or denying woMtte[em pe na alien bents be or payments must be Pa orled[l plate by or telegraph Ne nearest MIKE of die California Division of OCNafional Safe and Heald. guilty of vlelonY, P Y Y p B P P h I.FIRM NAME In.Polity Number airport de not use thio[ofumR E 2.MAKING ADDRESS(Number,letter,City,Zip) 2a.Phone Numbs M CASE NUMBER P L 3.LOCATION it diffeem from MailingAddress r,Spent,Cityan Ip) 33.Lrmetlan Cade O OWNERSHIP V E1.NATURE OF BUSINESS:A ,.Paniry[orNadop sectors groo,im.011,MI[I,tla 5. ate unemp aymeM lnaumtwe pcn.as R 6.TYPE OF EMPLOYER: PdMte Bbk Cann n CI ry Schad Oiaan ❑Mlkl covisryINDUSTRY 1.DATE OF INJURYI ONSET OFIU NE66 B.TIME INJURYALLNESSOCCURRED o.TIME EMPLOYEE BEGAN WORK 10.IF EMPLOYEE DIED,DATE OF DEATH(SWdd,[M ins—Sy') OCCUPATION iMM—ToWCURCRATILLASTONE 12,DATE LAST WORKED tmMddryy) 13.DATE RETURNED TO WORK tmMddHy) 14.IF WILL OFF WORK,CHECK THIS BOX: fUUDAYARERDATE CF RUURY? Yes No ISPAm FULLDAYSWAGESEORDATEOF I6,SALARY BEING CONTINUED? 17.DATE OF EMPLOYER'S KNOWLEDGE MOTICE OF 18.DATE EMPLOYEE WAS PROVIDED CLAIM FORM SEX HUMDRUM Yes NO INJURYALLNESStmMdGyy) FORM mnkIfty) DAYWORKEW Yes No 19.SPECIFIC INJURYALLNESS AND PART OF BODY AFFECTED,MEDICAL DIAGNOSIS H available,e.g.Second degree bums on Auld Armdendoalls on left elbow,land eiaeninD AGE I 20.LOCAMS WHERE EVENT OR EXPOSURE OCCURRED(Numb,Career,Clry,9p) ape.COUNTY 121.ON EMPLOYER'S PREMISES? DAILY HOURS U Yes No R Y 22 DEPARTMENT WHERE EVENT OR EXPOSURE OCCURRED,e.P..Shipping depaNnse,machine ma p, 3.OMer WbrMers lnimed ar 111 In Mk evenp Yes No DAYS PER WEEK 24.EQUIPMENT,MATERIALS AND CHEMICALS THE EMPLOYEE WAS USING WHEN EVENT OR EXPOSURE OCCURRED,e.g..Acetylene,welding torch,lams tractor,Scaffold O R WEEKLY HOURS 25.SPECIFIC ACTIVITY THE EMPLOYEE WAS PERFORMING WHEN EVENT OR EXPOSURE OCCURRED,SE..Welding moms of metal forme,loading bores ORtotmck. L WEEKLY WAGE L E6 HOWINJURYALLNESS OCCURREO.DESCRIBE 89GUENCE OF EVENTS.SPECIFY OBJECTOR EXPOSURE WHICH DIRECTLY PRODUCEDTHE INJURYIILLNESS,e.g.Workereepped bark to hapenwore N a ellppee an xmp materly.da�e lel{be ameEM no alnnr lreN welb,W belts r,6N bene.USE SEPARATE SHEET IF NECESSARY E ne B COUNTY 5 NATURE OF INJURY PART OF BODY ATTENTION This form contains information relating to employee health and must be used in a manner met protects the[onrftlentielity of employees to the extent are Ibis SOURCE while me information is being used for occupational safety and health purposes.gee CCP Title 8 1431(bNSI O)B 14300.35(b)(2)(IM2. Nab:6padM harm lrA kvrommlde mlalemplayee lmarmvl ion va lielap In CCfl TXIae l0Jaa95(bl allEj3'. EVENT E M SECONDARY SOURCE P L 35.OCCUPATION(Regular jobthlS NO inifials,abbreviations ornumburd O E37.EMPLOYEE USUALLY WORKS 37a EMPLOYMENT STATUS 3T6.UNDER WHAT CUSS CODE OFYOUR E _hours per day, _days per wxK rote(weekly 1I mgulay 1.11'few pen-0Ime POLICY WHERE WAGES ASSIGNED temporary seasonal EXTENT OF INJURY 38.GROSS WAGESSALARV SE OTHER PAYMENTS HOT REPORTED AS WAGESISA1ARY leg.fly,mnly everBmq Mnurtq SI 5 Per yea No Completed By(type or Prim) Signature 6 Title OMefmMddlyy) F.T-Y Gai demlal information may M disclosed only to the amid yx,former employer,or their Personal regrapro tive(CCR This 1e3W 35),to other for the Jn Ipocseln9 a werkce'comynaellon of other insurance claim;and under certain circumstances to a public Mafth or lawenlorcemaXagencyortoa cemuhvm hiredbytheemployer(CCRTitIe81C30O.3o).CCR TJIeB0.1M.G0regmrm prevision mis request to then in uranantl hNeral warkplace sakty,agencies. FORM 50 as GI June 3002 FILING OF THIS FORM IS NOT AN ADMISSION OF LIABILITY 7 29 RETURN TO WORK PROGRAM IT IS OUR GOAL TO PREVENT WORK-RELATED INJURIES FROM HAPPENING. WE ARE ALWAYS CONCERNED WHEN ONE OF OUR EMPLOYEES IS INJURED OR ILL DUE TO A WORK-RELATED CONDITION. WE BELIEVE THAT SUCH ABSENCES REPRESENT A GREAT COST BOTH TO ZINQUE. AND TO ITS EMPLOYEES, AND WE WANT OUR INJURED EMPLOYEES TO RECEIVE THE BEST POSSIBLE MEDICAL TREATMENT IMMEDIATELY TO ENSURE THE EARLIEST FEASIBLE RECOVERY AND RETURN TO WORK. ZINQUE HAS A WORKERS' COMPENSATION PROGRAM AVAILABLE FOR EMPLOYEES WHO HAVE SUFFERED WORK-RELATED INJURIES. THE PROGRAM'S ADMINISTRATOR WILL DETERMINE, BASED UPON THEIR GUIDELINES, WHETHER AN EMPLOYEE IS ELIGIBLE FOR WAGE LOSS OR MEDICAL EXPENSES UNDER THAT PROGRAM. ZINQUE. WANTS TO PROVIDE MEANINGFUL WORK ACTIVITY FOR ALL EMPLOYEES WHO BECOME UNABLE TO PERFORM ALL, OR PORTIONS, OF THEIR REGULAR WORK ASSIGNMENTS. THUS, WE HAVE IMPLEMENTED A RETURN TO WORK PROGRAM, WHICH INCLUDES TRANSITIONAL OR LIGHT DUTY WORK. THE RETURN TO WORK PROGRAM IS TEMPORARY AND NOT TO EXCEED SIX MONTHS. EMPLOYEE PROCEDURES • ALL WORK-RELATED INJURIES SHOULD BE REPORTED IMMEDIATELY TO A SUPERVISOR NO LATER THAN THE END OF THE SHIFT IN WHICH THE INJURY OCCURS. • IF A POSTACCIDENT DRUG SCREEN IS NOT PERFORMED THE SAME DAY AS THE INJURY, THE EMPLOYEE WILL ONLY BE PAID UP TO ONE HOUR WHILE TAKING TIME OUT TO HAVE THE DRUG SCREEN SAMPLE COLLECTED. • EMPLOYEES MUST COMPLETE AND SIGN A REPORT OF INJURY OR ILLNESS FORM. • WHEN MEDICAL TREATMENT IS SOUGHT, INJURED EMPLOYEES MUST ADVISE THEIR SUPERVISORS THAT THEY ARE SEEKING TREATMENT AND OBTAIN A RETURN TO WORK EVALUATION FORM. REGARDLESS OF THE CHOICE OF PHYSICIANS, THE RETURN TO WORK FORM MUST BE COMPLETED FOR EACH PRACTITIONER VISIT. ZINQUfs WILL NOT ACCEPT A GENERAL NOTE STATING ONLY THAT YOU ARE TO BE OFF WORK. ° UNDER THIS PROGRAM, TEMPORARY LIGHT-DUTY WORK IS AVAILABLE FOR UP TO 60 DAYS (WITH A REVIEW OF YOUR PROGRESS EVERY 30 DAYS) WHILE YOU ARE TEMPORARILY UNABLE TO WORK IN YOUR REGULAR JOB CAPACITY. TRANSITIONAL OR LIGHT DUTY WORK BEYOND 60 DAYS, UP TO A MAXIMUM OF SIX MONTHS, WILL BE EVALUATED ON A CASE-SY-CASE BASIS. • IF YOU ARE UNABLE TO RETURN TO YOUR REGULAR JOB, BUT ARE CAPABLE OF PERFORMING TRANSITIONAL DUTY, YOU MUST RETURN TO TRANSITIONAL DUTY. FAILURE TO DO SO WILL RESULT IN YOUR NOT BEING ELIGIBLE FOR FULL DISABILITY BENEFITS UNDER THE WORKERS' COMPENSATION PROGRAM AND MAY RESULT IN DISQUALIFICATION FOR CERTAIN EMPLOYEE BENEFITS AND, IN SOME CASES, BE A BASIS FOR TERMINATION. • EMPLOYEES WHO ARE UNABLE TO WORK AND OF WHOSE ABSENCES ZINQUIt APPROVES MUST KEEP THE COMPANY INFORMED ON A WEEKLY BASIS OF THEIR STATUS. FAILURE TO DO SO WILL RESULT IN A REDUCTION IN BENEFITS AVAILABLE AND DISCIPLINARY ACTION, UP TO AND INCLUDING TERMINATION FROM EMPLOYMENT. • IF YOU ARE UNABLE TO RETURN TO YOUR REGULAR JOB OR TRANSITIONAL DUTY, YOUR ABSENCE MUST BE APPROVED UNDER THE FAMILY MEDICAL LEAVE ACT (FIALA) PROGRAM. FOR THIS PURPOSE, YOU NEED TO COMPLETE A FAMILY MEDICAL LEAVE REQUEST FORM AND SUBMIT IT TO THE HUMAN RESOURCES DEPARTMENT. YOU MUST ALSO HAVE YOUR PRACTITIONER COMPLETE BOTH THE RETURN TO WORK EVALUATION FORM AND RETURN TO WORK REQUEST/PHYSICIAN'S AUTHORIZATION FORM. ' EMPLOYEES WHO ARE NOT ELIGIBLEFOR LEAVE UNDER FMLA MUST RETURN TO LIGHT DUTY OR REGULAR WORK IF AT ALL POSSIBLE. IF YOU ARE UNABLE TO RETURN TO ANY AVAILABLE WORK, YOUR JOB POSITION MAY BE FILLED AFTER A REASONABLE TIME. WHEN ABLE TO DO SO, YOU WILL BE ENTITLED TO RETURN TO A SUITABLE POSITION IF AVAILABLE AND CONSISTENT WITH ANY LIMITATIONS. HOWEVER, YOU MUST KEEP ZINQU9. REGULARLY INFORMED OF YOUR STATUS AND ANY CHANGES IN YOUR CONDITION. • EMPLOYEES MUST PROVIDE A RETURN TO WORK FORM INDICATING THEY ARE CAPABLE OF RETURNING TO FULL DUTY. PERMANENT RESTRICTIONS WILL BE EVALUATED ON A CASE-BY-CASE BASIS AND RELATE TO THE PERFORMANCE OF ESSENTIAL JOB FUNCTIONS. NO PERMANENT LIGHT DUTY POSITIONS WILL BE CREATED. • COOPERATE WITH OUR THIRD-PARTY ADMINISTRATOR AND PROVIDE ACCURATE AND COMPLETE INFORMATION AS SOON AS POSSIBLE SO THAT YOU RECEIVE ALL BENEFITS TO WHICH YOU ARE ENTITLED. IF YOU HAVE PROBLEMS OR CONCERNS, PLEASE CONTACT THE HUMAN RESOURCES DEPARTMENT. 8 90 EMERGENCY ACTION PLAN GENERAL EMERGENCY GUIDELINES EMPLOYEES SHOULD REVIEW THE FOLLOWING GUIDELINES TO PREPARE FOR AN EMERGENCY. - STAY CALM AND THINK THROUGH YOUR ACTIONS. - KNOW THE EMERGENCY NUMBERS: FIRE/POLICE/AMBULANCE/911 - INTERNAL EMERGENCY NUMBER 323-800-4838 - HUMAN RESOURCES 323-800-4838 - KNOW WHERE EXITS ARE LOCATED. - IN THE EVENT OF ANY EMERGENCY, DO NOT TAKE ELEVATORS; USE THE STAIRS. - DO NOT HESITATE TO CALL OR ALERT OTHERS IF YOU BELIEVE THAT AN EMERGENCY IS OCCURRING; YOU WILL NOT BE PUNISHED. - FIRST AID SUPPLIES AND EMERGENCY EQUIPMENT ARE LOCATED IN THE KITCHEN FOR USE BY THOSE WHO ARE AUTHORIZED AND PROPERLY TRAINED. EVACUATION - EMPLOYEES WILL BE NOTIFIED OF A FIRE ALARM EITHER BY THE FIRE ALARM SYSTEM OR BY A PAGED ANNOUNCEMENT. - UPON BECOMING AWARE OF A FIRE ALARM, EMPLOYEES SHOULD IMMEDIATELY EVACUATE THE FACILITY WITHOUT DELAY TO RETRIEVE PERSONAL BELONGINGS OR TO WAIT FOR CO-WORKERS. ALSO, ALL DOORS SHOULD BE CLOSED AS THE LAST PERSON PASSES THROUGH. USE OF ELEVATORS IS PROHIBITED DURING FIRE ALARM SITUATIONS. - SUPERVISORS SHOULD BE THE LAST PEOPLE TO LEAVE THE AREA. CHECK THE JOB SITE TO BE SURE THAT ALL PERSONNEL HAVE EVACUATED. - ANY EMPLOYEE HAVING A MOBILITY, VISUAL, HEARING OR OTHER CONDITION THAT MAY HINDER THEM FROM BECOMING AWARE OF AN EMERGENCY OR EVACUATING SHOULD REQUEST SPECIAL ASSISTANCE THROUGH HUMAN RESOURCES. - UPON EXITING THE BUILDING, ALL PERSONNEL SHOULD REPORT FOR A HEAD COUNT. - IF ANY EMPLOYEE IS MISSING, AN IMMEDIATE REPORT SHOULD BE MADE TO THE INCIDENT COMMANDER WHO WILL IN TURN REPORT TO THE FIRST AVAILABLE FIRE DEPARTMENT OFFICER. - EMPLOYEES SHOULD STAY TOGETHER IN A GROUP SO THAT PERIODIC UPDATES ON THE SITUATION CAN BE ISSUED. - THE ORDER TO RE-OCCUPY A JOB SITE OR BUILDING WILL BE ISSUED BY THE INCIDENT COMMANDER. - IN THE EVENT OF INCLEMENT WEATHER, THE INCIDENT COMMANDER WILL MAKE ARRANGEMENTS FOR ALL PERSONNEL TO MOVE TO SHELTER. FIRE SAFETY - EMPLOYEES SHOULD ALERT OTHER PERSONS IN THE IMMEDIATE HAZARD AREA. - ANY EMPLOYEE CAN ACTIVATE A FIRE ALARM OR CALL 91f 1 TO PAGE AN EMERGENCY ANNOUNCEMENT. - TRAINED EMPLOYEES CAN USE A FIRE EXTINGUISHER, FOLLOWING THESE GUIDELINES: P=PULL THE SAFETY PIN A=AIM THE NOZZLE AT THE BASE OF THE FIRE S=SQUEEZE THE OPERATING LEVER S=SWEEP SIDE TO SIDE COVERING THE BASE OF THE FIRE *WHEN USING A FIRE EXTINGUISHER, ALL EMPLOYEES IN THE VICINITY MUST ALWAYS STAY BETWEEN THE FIRE AND AN EXIT STAYING LOW AND BACKING AWAY WHEN THE FIRE IS EXTINGUISHED. 'IF THE FIRE IS TOO HOT OR TOO SMOKY EMPLOYEES ARE ENCOURAGED TO EVACUATE IMMEDIATELY, DISCARDING THE FIRE EXTINGUISHER. - EMPLOYEES SHOULD NOTIFY THE INCIDENT COMMANDER OF THE LOCATION OF THE FIRE. HE OR SHE WILL RELAY THIS INFORMATION TO THE FIRE DEPARTMENT. 9 MEDICAL EMERGENCY - UPON DISCOVERING A MEDICAL EMERGENCY, EMPLOYEES MUST CALL 91 1. - EMPLOYEES SHOULD NOTIFY A SUPERVISOR AND REPORT THE NATURE OF THE MEDICAL EMERGENCY AND LOCATION. - EMPLOYEES MAY STAY WITH THE PERSON INVOLVED, BEING CAREFUL NOT TO COME IN CONTACT WITH ANY BODILY FLUIDS. - A SUPERVISOR WILL SEND TWO PERSONS (GREETERS) TO THE ENTRANCE TO AWAIT THE FIRE DEPARTMENT. ONE PERSON SHOULD CALL AND HOLD AN ELEVATOR CAR. OFTEN, TWO FIRE DEPARTMENT UNITS WILL ARRIVE, SO THE SECOND GREETER SHOULD WAIT AT THE ENTRANCE TO RECEIVE THE SECOND UNIT WHILE THE FIRST GREETER ESCORTS THE FIRE DEPARTMENT PERSONNEL TO THE SCENE. - EMPLOYEES IN THE IMMEDIATE VICINITY OF THE EMERGENCY, BUT NOT DIRECTLY INVOLVED, SHOULD LEAVE THE AREA. - HUMAN RESOURCES WILL MAKE ANY NECESSARY NOTIFICATIONS TO FAMILY MEMBERS OF THE PERSON SUFFERING THE MEDICAL EMERGENCY. SEVERE WEATHER - THE SUPERVISOR WILL MONITOR A WEATHER ALERT RADIO. IF A SEVERE WEATHER REPORT IS ISSUED, SHE/HE WILL IMMEDIATELY PAGE THE FOLLOWING ANNOUNCEMENT. THIS ANNOUNCEMENT WILL BE REPEATED THREE TIMES. - EMPLOYEES WILL SHUT DOWN ALL EQUIPMENT AND WILL BE INSTRUCTED WHERE TO GO FOR SAFETY. THE SUPERVISOR WILL TAKE THE WEATHER RADIO WITH HER/HIM. WHEN THE SEVERE WEATHER WARNING IS CANCELLED, SHE/HE WILL SEND RUNNERS TO ADVISE THAT IT IS SAFE TO RETURN TO WORK AREAS. A GENERAL ANNOUNCEMENT WILL ALSO BE MADE. 10 92 SEXUAL HARASSMENT POLICY ZINQUt. DOES NOT TOLERATE HARASSMENT OF OUR JOB APPLICANTS, EMPLOYEES, CLIENTS, GUESTS, VENDORS, CUSTOMERS OR PERSONS DOING BUSINESS WITH US. ANY FORM OF HARASSMENT RELATED TO AN EMPLOYEE'S RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN, AGE, CITIZENSHIP STATUS, VETERAN STATUS OR HANDICAP IS A VIOLATION OF THIS POLICY AND WILL BE TREATED AS A DISCIPLINARY MATTER. FOR THESE PURPOSES, THE TERM HARASSMENT INCLUDES, BUT IS NOT LIMITED TO, SLURS, JOKES OR OTHER VERBAL, GRAPHIC OR PHYSICAL CONDUCT RELATING TO AN INDIVIDUAL'S RACE, COLOR, SEX, RELIGION OR NATIONAL ORIGIN; SEXUAL ADVANCES; REQUESTS FOR SEXUAL FAVORS AND OTHER VERBAL, GRAPHIC OR PHYSICAL CONDUCT OF A SEXUAL NATURE. VIOLATION OF THIS POLICY BY AN EMPLOYEE SHALL SUBJECT THAT EMPLOYEE TO DISCIPLINARY ACTION, UP TO AND INCLUDING IMMEDIATE DISCHARGE. EXAMPLES OF CONDUCT PROHIBITED BY THIS POLICY INCLUDE BUT ARE NOT LIMITED TO: ° UNWELCOME SEXUAL FLIRTATION, ADVANCES OR PROPOSITIONS; ° VERBAL COMMENTS RELATED TO AN INDIVIDUAL'S AGE, RACE, GENDER, COLOR, RELIGION, NATIONAL ORIGIN, DISABILITY OR SEXUAL ORIENTATION; ° EXPLICIT OR DEGRADING VERBAL COMMENTS ABOUT ANOTHER INDIVIDUAL OR HIS/HER APPEARANCE; • THE DISPLAY OF SEXUALLY SUGGESTIVE PICTURES OR OBJECTS IN ANY WORKPLACE LOCATION, INCLUDING TRANSMISSION OR DISPLAY VIA COMPUTER; ° ANY SEXUALLY OFFENSIVE OR ABUSIVE PHYSICAL CONDUCT; ° THE TAKING OF OR THE REFUSAL TO TAKE ANY PERSONNEL ACTION BASED ON AN EMPLOYEE'S SUBMISSION TO OR REFERRAL OF SEXUAL OVERTURES; AND ° DISPLAYING CARTOONS OR TELLING JOKES THAT RELATE TO AN INDIVIDUAL'S AGE, RACE, GENDER, COLOR, RELIGION, NATIONAL ORIGIN, DISABILITY OR SEXUAL ORIENTATION. HARASSMENT OF OUR EMPLOYEES IN CONNECTION WITH THEIR WORK BY NONEMPLOYEES MAY ALSO BE A VIOLATION OF THIS POLICY. IF YOU BELIEVE THAT YOU ARE BEING SUBJECTED TO WORKPLACE HARASSMENT, YOU SHOULD: ° TELL THE HARASSER THAT HIS OR HER ACTIONS ARE NOT WELCOME AND THEY MUST STOP, IF YOU FEEL COMFORTABLE ENOUGH TO DO SO. ° REPORT THE INCIDENT IMMEDIATELY TO YOUR MANAGER, THE HUMAN RESOURCES MANAGER OR THE EMPLOYEE RELATIONS DEPARTMENT. • REPORT ANY ADDITIONAL INCIDENTS THAT MAY OCCUR TO ONE OF THE ABOVE RESOURCES. RETALIATION OF ANY KIND AGAINST AN EMPLOYEE WHO REPORTS A SUSPECTED INCIDENT OF SEXUAL HARASSMENT IS PROHIBITED. AN EMPLOYEE WHO VIOLATES THIS POLICY OR RETALIATES AGAINST AN EMPLOYEE IN ANY WAY WILL BE SUBJECT TO DISCIPLINARY ACTION UP TO AND INCLUDING TERMINATION. 93 WORKPLACE VIOLENCE • ANY EMPLOYEE WHO FEELS THAT SHE/HE HAS BEEN THREATENED SHOULD IMMEDIATELY REPORT THEIR CONCERN TO THE SUPERVISOR AND TO HUMAN RESOURCES. • IF ANY PERSON IS OBSERVED EXHIBITING THREATENING BEHAVIOR OR MAKING THREATENING STATEMENTS, THE PERSON DISCOVERING THE SITUATION SHOULD WARN OTHERS IN THE AREA AND IMMEDIATELY NOTIFY HUMAN RESOURCES, STAYING AWAY FROM THE PERSON EXHIBITING THREATENING BEHAVIOR. • DEPENDING UPON THE LEVEL OF CONCERN• THE POLICE DEPARTMENT (91 1) SHOULD BE CALLED IMMEDIATELY. • NEVER ATTEMPT TO CONFRONT ANY PERSON EXHIBITING THREATENING BEHAVIOR. IF YOU HAVE REASON TO BELIEVE THAT EVENTS IN YOUR PERSONAL LIFE COULD RESULT IN ACTS OF VIOLENCE OCCURRING AT WORK• YOU ARE URGED TO CONFIDENTIALLY DISCUSS THE ISSUE WITH HUMAN RESOURCES SO THAT A PREVENTION PLAN CAN BE DEVELOPED. ROBBERIES 1. GREET ALL CUSTOMERS THAT COME INTO THE RESTAURANT. 2. IF AN ARGUMENT OR FIGHT BREAKS OUT ON THE PREMISES, CALL THE POLICE, AND DO NOT USE PHYSICAL FORCE. 3. DO NOT BE DRAWN OUTSIDE THE RESTAURANT FOR ANY REASON. 4. DO NOT TRY TO PHYSICALLY STOP A SHOPLIFTER OR ROBBER. 5. KEEP THE ROBBERY AS SHORT AS POSSIBLE-DO NOT RESIST OR ARGUE WITH A ROBBER. 6. KEEP YOUR HANDS VISIBLE AT ALL TIMES. 7. WARN THE ROBBER OF THE MOVEMENTS YOU ARE GOING TO MAKE, SUCH AS REACHING FOR A BAG OR OPENING THE CASH REGISTER. 8. DO NOT CHASE OR FOLLOW THE ROBBER AS HE LEAVES; CALL THE POLICE. 9. DO NOT PULL A WEAPON IF YOU ARE BEING HELD UP. 12 99 OSHA COMPLIANCE PROGRAMS HAZARD COMMUNICATION �. ALL EMPLOYEES HAVE A RIGHT TO KNOW WHAT CHEMICALS THEY WORK WITH, WHAT THE HAZARDS ARE AND HOW TO HANDLE THEM SAFELY. 2. SAFETY DATA SHEETS (SDS) ARE DOCUMENTS PROVIDED BY THE SUPPLIER OF A CHEMICAL. SDS DETAIL THE CHEMICAL CONTENTS, ASSOCIATED HAZARDS, AND GENERAL SAFE HANDLING GUIDELINES. AT ZINQU 9, THE SDS COLLECTION IS LOCATED AT THE COUNTER. EMPLOYEES ARE FREE TO UTILIZE THE SDS AS NEEDED. 3. GENERAL RULES FOR HANDLING CHEMICALS IN AN OFFICE ENVIRONMENT ARE: • READ ALL LABEL WARNINGS AND INSTRUCTIONS. • FOLLOW INSTRUCTIONS FOR QUANTITY- MORE IS NOT ALWAYS BETTER. • MINIMIZE CONTACT WITH CHEMICALS- USE DOUBLE-LAYER CLOTHS OR GLOVES TO PROTECT YOUR SKIN AND KEEP YOUR FACE CLEAR OF THE AREA TO REDUCE INHALATION. • ALWAYS WASH YOUR HANDS AFTER HANDLING CHEMICALS. • IF A CHEMICAL ENTERS YOUR EYE($), IMMEDIATELY HOLD OPEN THE INJURED EYE(S) AND RINSE WITH CLEAN, COOL WATER FOR 15 MINUTES. THEN BE SURE TO REPORT THE INJURY IMMEDIATELY. • ANY QUESTIONS OR CONCERNS REGARDING CHEMICALS SHOULD BE REPORTED TO YOUR MANAGER OR HUMAN RESOURCES. 4. ALL CHEMICAL CONTAINERS MUST BE LABELED TO IDENTIFY CONTENTS AND HAZARDS. MOST LABELS USE NUMBERS TO RANK THE HAZARD LEVEL IN THREE IMPORTANT AREAS: - FIRE (RED BACKGROUND COLOR) - WILL THE MATERIAL BURN? - HEALTH (BLUE BACKGROUND) - IS THE MATERIAL DANGEROUS TO MY BODY? - REACTIVITY (YELLOW BACKGROUND) - IS THE MATERIAL DANGEROUSLY UNSTABLE? AFTER EACH HAZARD (FIRE, HEALTH AND REACTIVITY), A NUMBER FROM 1-4 WILL BE ASSIGNED. THE NUMBER REFLECTS THE DEGREE (OR AMOUNT) OF HAZARD: O = MINIMAL I = SLIGHT Z = MODERATE 3 = SERIOUS 4 = EXTREMELY HAZARDOUS BLOODBORNE PATHOGENS 1. BLOOD AND OTHER BODILY FLUIDS CAN CARRY PATHOGENS, WHICH ARE CAPABLE OF CAUSING DISEASES IN OTHERS. THIS INCLUDES HIV, WHICH LEADS TO AIDS, AND HEPATITIS. 2. BECAUSE WE CANNOT TELL BY LOOKING AT A PERSON IF THEY ARE INFECTED WITH A PATHOGENIC DISEASE, WE MUST TAKE PRECAUTIONS FOLLOWING AN ILLNESS OR INJURY WHEN BODILY FLUIDS ARE RELEASED. 3. IN THE EVENT OF A PERSON LOSING BODILY FLUIDS, STAY AWAY FROM THE AREA AND WARN OTHERS TO DO THE SAME. YOU CAN STILL STAY CLOSE TO THE ILL/INJURED PERSON TO SUPPORT HIM/HER, JUST BE SURE TO STAY OUT OF CONTACT WITH ANY BODILY FLUIDS. 4. IN THE EVENT THAT YOU FIND SPILLED BODILY FLUIDS, A SYRINGE OR OTHER CONTAMINATED MEDICAL MATERIALS, DO NOT ATTEMPT CLEAN UP BY YOURSELF- IMMEDIATELY CALL HUMAN RESOURCES OR A MANAGER FOR INSTRUCTIONS. PERSONAL PROTECTIVE EQUIPMENT (PPE) INSPECT PPE PRIOR TO EACH USE. DO NOT USE DAMAGED PPE. YOU ARE REQUIRED TO MAINTAIN AND KEEP PPE CLEAN. 13 9,5 FIRE PREVENTION & ELECTRICAL SAFETY FIRE PREVENTION 1. SMOKING IS ONLY ALLOWED IN DESIGNATED EXTERIOR SMOKING AREAS. 2. CLEAN EXHAUST SYSTEMS REGULARLY AND EMPTY GREASE TRAPS TO PREVENT ACCUMULATION OF GREASE AND OILY RESIDUES ON SURFACES. 3. PACKAGE AND REMOVE GARBAGE AND TRASH FREQUENTLY. 4. KEEP TABLES WITH CANDLES AWAY FROM WALLS AND DRAPERIES. S. KEEP COMBUSTIBLE MATERIALS A SAFE DISTANCE FROM COOKING EQUIPMENT. 6. CLEAN DUCTS AND FLUES REGULARLY. 7. CHECK ELECTRICAL CORDS FOR WEAR AND TEAR REGULARLY. S. ONLY TRAINED AND AUTHORIZED EMPLOYEES ARE ALLOWED TO USE A PORTABLE FIRE EXTINGUISHER IN THE EVENT OF AN EMERGENCY. ELECTRICAL SAFETY 1. WITH THE EXCEPTION OF INDEPENDENTLY FUSED MULTI-TAP CORDS FOR COMPUTERS, EXTENSION CORDS ARE NOT ALLOWED. 2. KEEP ELECTRIC CORDS OUT OF AREAS WHERE THEY WILL BE DAMAGED BY STEPPING ON OR KICKING THEM. 3. TURN ELECTRICAL APPLIANCES OFF WITH THE SWITCH, NOT BY PULLING OUT THE PLUG. 4. TURN ALL APPLIANCES OFF BEFORE LEAVING FOR THE DAY. S. NEVER RUN CORDS UNDER RUGS OR OTHER FLOOR COVERINGS. 6. ANY ELECTRICAL PROBLEMS SHOULD BE REPORTED IMMEDIATELY. THE FOLLOWING AREAS MUST REMAIN CLEAR AND UNOBSTRUCTED AT ALL TIMES: • EXIT DOORS AISLES • ELECTRICAL PANELS • FIRE EXTINGUISHERS 14 9� GENERAL SAFETY PRECAUTIONS LIFTING 1. PLAN THE MOVE BEFORE LIFTING; ENSURE THAT YOU HAVE AN UNOBSTRUCTED PATHWAY. 2. TEST THE WEIGHT OF THE LOAD BEFORE LIFTING BY PUSHING THE LOAD ALONG ITS RESTING SURFACE. 3. IF THE LOAD IS TOO HEAVY OR BULKY, USE LIFTING AND CARRYING AIDS SUCH AS HAND TRUCKS, DOLLIES, PALLET JACKS AND CARTS, OR GET ASSISTANCE FROM A CO-WORKER. 4. IF ASSISTANCE IS REQUIRED TO PERFORM A LIFT, COORDINATE AND COMMUNICATE YOUR MOVEMENTS WITH THOSE OF YOUR CO-WORKER. S. POSITION YOUR FEET 6 TO 12 INCHES APART WITH ONE FOOT SLIGHTLY IN FRONT OF THE OTHER. 6. FACE THE LOAD. 7. BEND AT THE KNEES, NOT AT THE BACK. S. KEEP YOUR BACK STRAIGHT. 9. GET A FIRM GRIP ON THE OBJECT USING YOUR HANDS AND FINGERS. USE HANDLES WHEN THEY ARE PRESENT. 10. HOLD THE OBJECT AS CLOSE TO YOUR BODY AS POSSIBLE. 11. WHILE KEEPING THE WEIGHT OF THE LOAD IN YOUR LEGS, STAND TO AN ERECT POSITION. 12. PERFORM LIFTING MOVEMENTS SMOOTHLY AND GRADUALLY; DO NOT JERK THE LOAD. 13. IF YOU MUST CHANGE DIRECTION WHILE LIFTING OR CARRYING THE LOAD, PIVOT YOUR FEET AND TURN YOUR ENTIRE BODY. DO NOT TWIST AT THE WAIST. 14. SET DOWN OBJECTS IN THE SAME MANNER AS YOU PICKED THEM UP, EXCEPT IN REVERSE. 15. DO NOT LIFT AN OBJECT FROM THE FLOOR TO A LEVEL ABOVE YOUR WAIST IN ONE MOTION. SET THE LOAD DOWN ON A TABLE OR BENCH AND THEN ADJUST YOUR GRIP BEFORE LIFTING IT HIGHER. 16. NEVER LIFT ANYTHING IF YOUR HANDS ARE GREASY OR WET. 17. WEAR PROTECTIVE GLOVES WHEN LIFTING OBJECTS THAT HAVE SHARP CORNERS OR JAGGED EDGES. LADDERS & STEPLADDERS 1. READ AND FOLLOW THE MANUFACTURER'S INSTRUCTIONS LABEL AFFIXED TO THE LADDER IF YOU ARE UNSURE HOW TO USE THE LADDER. 2. DO NOT USE LADDERS THAT HAVE LOOSE RUNGS, CRACKED OR SPLIT SIDE RAILS, MISSING RUBBER FOOT PADS OR ARE OTHERWISE VISIBLY DAMAGED. 3. KEEP LADDER RUNGS CLEAN AND FREE OF GREASE, AND REMOVE ALL BUILDUP. 4. DO NOT PLACE LADDERS IN A PASSAGEWAY OR DOORWAY WITHOUT POSTING WARNING SIGNS OR CONES THAT DETOUR PEDESTRIAN TRAFFIC AWAY FROM THE LADDER. LOCK THE DOORWAY THAT YOU ARE BLOCKING WITH THE LADDER, AND POST SIGNS THAT WILL DETOUR TRAFFIC AWAY FROM YOUR WORK. S. DO NOT PLACE A LADDER AT A BLIND CORNER OR DOORWAY WITHOUT DIVERTING FOOT TRAFFIC BY BLOCKING OR ROPING OFF THE AREA. 6. ALLOW ONLY ONE PERSON ON THE LADDER AT A TIME. 7. FACE THE LADDER WHEN CLIMBING UP OR DOWN. B. MAINTAIN A THREE-POINT CONTACT BY KEEPING BOTH HANDS AND ONE FOOT OR BOTH FEET AND ONE HAND ON THE LADDER AT ALL TIMES WHEN CLIMBING UP OR DOWN THE LADDER. 9. ALWAYS FACE THE LADDER WHEN PERFORMING WORK, AND DO NOT LEAN BACKWARD OR SIDEWAYS FROM THE LADDER. DO NOT JUMP FROM LADDERS OR STEP STOOLS. 10. DO NOT STAND ON TABLES, CHAIRS, BOXES OR OTHER IMPROVISED CLIMBING DEVICES TO REACH HIGH PLACES. USE THE LADDER OR STEPSTOOL. 11. DO NOT STAND ON THE TOP TWO RUNGS OF ANY LADDER. 12. DO NOT STAND ON A LADDER THAT WOBBLES, OR THAT LEANS TO THE LEFT OR RIGHT OF CENTER. 13. WHEN USING A STRAIGHT OR EXTENSION LADDER, EXTEND THE TOP OF THE LADDER AT LEAST 3 FEET ABOVE THE EDGE OF THE LANDING. ` 14. SECURE THE LADDER IN PLACE BY HAVING ANOTHER EMPLOYEE HOLD IT IF IT CANNOT BE TIED TO THE STRUCTURE. 15. DO NOT MOVE A ROLLING LADDER WHILE SOMEONE IS ON IT. 16. DO NOT PLACE LADDERS ON BARRELS, BOXES, LOOSE BRICKS, PAILS, CONCRETE BLOCKS OR OTHER UNSTABLE BASES. 17. DO NOT CARRY ITEMS IN YOUR HANDS WHILE CLIMBING UP OR DOWN A LADDER. 15 97 HOUSEKEEPING 1. DO NOT PLACE MATERIALS, SUCH AS BOXES OR TRASH, IN WALKWAYS AND PASSAGEWAYS. 2. SWEEP DEBRIS SURROUNDING EQUIPMENT, TRASH RECEPTACLES OR DISHWASHING STATIONS TO PREVENT SLIPS, TRIPS AND FALLS. 3. MOP UP WATER AROUND DRINKING FOUNTAINS, DRINK DISPENSING MACHINES AND ICE MACHINES IMMEDIATELY. 4. DO NOT STORE OR LEAVE ITEMS ON STAIRWAYS. 5. DO NOT BLOCK OR OBSTRUCT STAIRWELLS, EXITS OR ACCESSES TO SAFETY AND EMERGENCY EQUIPMENT SUCH AS FIRE EXTINGUISHERS OR FIRE ALARMS. 6. DO NOT BLOCK THE WALKING SURFACES OF ELEVATED WORKING PLATFORMS, SUCH AS SCAFFOLDS, WITH TOOLS OR MATERIALS THAT ARE NOT BEING USED. 7. STRAIGHTEN OR REMOVE RUGS AND MATS THAT DO NOT LIE FLAT ON THE FLOOR. S. REMOVE ANY PROTRUDING NAILS FROM EXPOSED SURFACES OR BEND THEM DOWN INTO THE LUMBER BY USING A CLAW HAMMER. 9. RETURN TOOLS TO THEIR STORAGE PLACES AFTER USING THEM. 10. USE CAUTION SIGNS OR CONES TO BARRICADE SLIPPERY AREAS, SUCH AS FRESHLY MOPPED FLOORS. 16 92 JOB-SPECIFIC SAFETY PRECAUTIONS KITCHEN PERSONNEL SAFETY 1. DO NOT REMOVE SAFETY GUARDS PROVIDED ON THE EQUIPMENT. WHEN A SAFETY GUARD IS REMOVED FOR THE PURPOSE OF MAKING REPAIRS OR CLEANING, REPLACE THE GUARD BEFORE THE EQUIPMENT IS PUT INTO OPERATION. 2. DO NOT PLACE HEATED POTS OR PANS IN A POSITION SUCH THAT THE HANDLES ARE PROTRUDING OVER THE EDGE OF RANGE, TABLE OR COUNTER. 3. DO NOT FILL POTS, PANS, BUCKETS OR COOKERS MORE THAN 2/3 FULL. 4. WHEN ADDING INGREDIENTS TO HOT LIQUIDS, ADD SMALL PORTIONS AT A TIME TO PREVENT SPLASHING. 5. USE THE RELEASE VALVE TO RELEASE PRESSURE BEFORE OPENING PRESSURIZED STEAM KETTLES OR PRESSURE COOKERS. 6. TRANSPORT HOT LIQUIDS IN CLOSED CONTAINERS. 7. USE CARTS FOR MOVING LARGE, HOT ITEMS SUCH AS COFFEE URNS, CONTAINERS OF HOT WATER OR CONTAINERS OF HOT FOOD. S. USE THE CART WHEEL LOCKING LEVER TO PREVENT MOVEMENT WHILE REMOVING ITEMS FROM THE CART. 9. TURN OFF GAS SUPPLY AND ELECTRICAL CURRENT FOR APPLIANCES WHEN THEY ARE NOT IN USE. 10. TURN OFF CIRCUIT BREAKERS TO KITCHEN COOKING EQUIPMENT WHEN CLEANING THE EQUIPMENT. GLASSWARE 1. DO NOT PLACE DRINKING GLASSES INSIDE EACH OTHER OR STACK GLASSWARE THAT IS NOT MEANT TO BE STACKED. 2. CARRY ONE RACK OF GLASSWARE AT A TIME. 3. VISUALLY INSPECT ALL GLASSWARE FOR CRACKS OR CHIPS BEFORE HANDLING: IF YOU DISCOVER CHIPS OR CRACKS, DISPOSE OF THE GLASS OR GLASSES IN THE APPROPRIATE RECEPTACLE. 4. DO NOT USE A DRINKING GLASS TO SCOOP ICE-ALWAYS USE THE METAL SCOOP OR PAN. 5. WHEN A GLASS IS BROKEN IN THE ICE BIN, POOR HOT WATER INTO THE BIN TO MELT DOWN THE ICE, LETTING THE MELTED ICE EMPTY THROUGH THE DRAIN AND REMOVING THE GLASS USING A WHISK BROOM AND DUST PAN. THEN, HOSE DOWN MINUTE PIECES OF GLASS INTO THE DRAIN WITH CLEAN WATER, AND WIPE THE BIN DRY WITH A TOWEL BEFORE REFILLING IT WITH ICE. 6. DO NOT SUBMERGE HOT GLASS IN COLD WATER OR SUBMERGE COLD GLASS IN HOT WATER. SLICERS 1. TURN OFF SLICERS BEFORE MAKING MEASUREMENTS, ADJUSTMENTS OR REPAIRS. 2. DO NOT STOP LOOKING AT WHAT YOU ARE SLICING WHILE YOU ARE USING A SLICER. 3. DO NOT PLACE YOUR HAND ON TOP OF THE BLADE GUARD WHILE YOU ARE OPERATING THE SLICER. 4. WEAR A WIRE MESH OR KEVLAR GLOVE WHEN CLEANING THE EXPOSED EDGE OF THE SLICER KNIFE. 5. DO NOT REMOVE THE SAFE OPERATING INSTRUCTION LABELS FROM THE SLICER 6. PLACE MEAT ON THE SLICER, AND SLIDE THE GUARD OVER THE END OF THE MEAT OPPOSITE THE BLADE. 7. SET THE MACHINE TO THE DESIRED SLICING WIDTH. S. TURN THE SWITCH TO THE SON' POSITION. 9. GRIP THE HANDLE ON THE CHASSIS GUARD WITH YOUR RIGHT HAND AND THE HANDLE ON THE MACHINE WITH YOUR LEFT HAND. 10. SLIDE THE CHASSIS BACK AND FORTH TO ACHIEVE THE DESIRED AMOUNT OF SLICED MEAT. KNIVES/SHARP INSTRUMENTS 1. WHEN HANDLING KNIFE BLADES AND OTHER CUTTING TOOLS, DIRECT SHARP POINTS AND EDGES AWAY FROM YOU. 2. CUT IN THE DIRECTION AWAY FROM YOUR BODY WHEN USING KNIVES. 3. USE A KNIFE THAT HAS BEEN SHARPENED; DO NOT USE KNIVES THAT HAVE DULL BLADES. 4. DO NOT USE KNIVES THAT HAVE BROKEN OR LOOSE HANDLES. 5. DO NOT USE KNIVES AS SCREWDRIVERS, PRY BARS, CAN OPENERS OR ICE PICKS. 6. DO NOT LEAVE KNIVES IN SINKS FULL OF WATER. 7. DO NOT PICK UP KNIVES BY THEIR BLADES. S. CARRY KNIVES WITH THEIR TIPS POINTED TOWARD THE FLOOR. 9. DO NOT CARRY KNIVES, SCISSORS OR OTHER SHARP TOOLS IN YOUR POCKETS OR AN APRON UNLESS THEY ARE FIRST PLACED IN THEIR SHEATH OR HOLDER. 10. DO NOT ATTEMPT TO CATCH A FALLING KNIFE. 11. STORE KNIVES IN KNIFE BLOCKS OR IN SHEATHS AFTER USING THEM. 12. DO NOT USE HONING STEELS THAT DO NOT HAVE DISC GUARDS. MIXERS 1. DO NOT PUT YOUR HANDS IN THE MIXING BOWL WHILE THE MIXING BOWL AND MIXER ARE IN OPERATION. 2. USE THE STOMPER TO PUSH MEAT THROUGH THE GRINDER ATTACHMENT OF A MIXER. 1 / 99 OVENS 1. USE OVEN MITTENS WHEN REMOVING HOT FOOD FROM THE OVEN. 2. CLEAR A SPACE ON THE TABLE FOR PLACING HOT FOOD BEFORE REMOVING THE FOOD FROM THE OVEN. 3. WEAR EYE PROTECTION, RUBBER GLOVES AND APRON WHEN USING AN OVEN CLEANER. MICROWAVE OVENS 1. DO NOT OPERATE A MICROWAVE OVEN IF IT HAS A BENT DOOR, BROKEN HINGES/LATCHES OR CRACKING IN ITS SEALS. 2. USE CAUTION WHEN REMOVING HOT ITEMS FROM THE MICROWAVE. 3. DO NOT PLACE METAL CONTAINERS OR OTHER'METAL OBJECTS IN MICROWAVE OVENS. 4. DO NOT PLACE MEAT IN THE MICROWAVE THAT WEIGHS LESS THAN OR GREATER THAN THE MANUFACTURER'S CAPACITY LIMITS POSTED ON THE MICROWAVE DOOR. REFRIGERATED COOLER 1. IF REQUIRED BY YOUR MANAGER, WEAR A BACK BELT/BRACE WHEN STOCKING SHELVES. 2. CHECK FOR LOOSE PRODUCT ON THE TOP OF THE CASES PRIOR TO REMOVING A CASE WHEN RESTOCKING SHELVES. DISHWASHER 1. WEAR RUBBER GLOVES WHEN WASHING AND SANITIZING DISHES AND COOKING EQUIPMENT. 2. IF GLASSWARE BREAKS IN THE SINK, USE TONGS TO REMOVE THE LARGE FRAGMENTS OF GLASS, OPEN THE DRAIN AND RUN THE WATER TO WASH ANY REMAINING SMALL GLASS FRAGMENTS DOWN THE DRAIN. 3. REMOVE ALL CHIPPED OR CRACKED DISHES AND GLASSWARE FROM USE. STOREROOM/STOCKROOM: 1. STACK HEAVY OR BULKY STORAGE CONTAINERS ON MIDDLE AND LOWER SHELVES OF THE STORAGE RACK. 2. DO NOT STACK BOXES, CASES OR PACKAGES OF PRODUCT ABOVE THE NUMBER OR HEIGHT RECOMMENDED BY THE SUPPLIER. CHECK WITH YOUR MANAGER IF YOU ARE UNSURE. 3. DO NOT USE RAZORBLADES, SCREWDRIVERS OR KNIVES THAT WERE NOT SUPPLIED BY THE COMPANY TO OPEN BOXES OR CASES. 4. DO NOT LIFT SLIPPERY OR WET OBJECTS; USE A HAND TRUCK. S. FOLLOW THE SAFE HANDLING INSTRUCTIONS LISTED ON THE LABEL OF THE CONTAINER OR LISTED ON THE CORRESPONDING SAFETY DATA SHEET (SDS) WHEN HANDLING EACH CHEMICAL STORED IN THE STOCKROOM. 6. DO NOT SMOKE WHILE HANDLING FLAMMABLE CHEMICALS OR CHEMICALS LABELED AS SUCH. 7. DO NOT STORE CHEMICALS LABELED "FLAMMABLE" NEAR SOURCES OF IGNITION, SUCH AS SPACE HEATERS. e. DO NOT HANDLE OR LOAD ANY CONTAINERS OF CHEMICALS IF THEIR CONTAINERS ARE CRACKED OR LEAKING. 9. OBEY ALL SAFETY AND DANGER SIGNS POSTED IN THE WORKPLACE. COMPACTOR SAFETY 1. ONLY AUTHORIZED PERSONS MAY OPERATE THE TRASH COMPACTOR. 2. OPEN THE LOADING DOOR, AND PLACE EMPTY CARTONS AND OTHER TRASH INTO THE LOADING CHUTE. 3. DO NOT LOAD CHEMICALS, FLAMMABLE MATERIALS OR HAZARDOUS WASTE INTO THE COMPACTOR. 4. CHECK THE GAUGE FREQUENTLY IN ORDER TO DETERMINE WHEN THE COMPACTOR IS FULL. 5. MAKE SURE THE LOADING DOOR IS CLOSED AND THE INTERLOCKS ARE ENGAGED BEFORE STARTING THE COMPACTOR. 6. WHEN THE GAUGE REGISTERS AS FULL, PUSH THE START BUTTON FOR THE TRASH TO BE COMPACTED. 7. REFER TO PROPER LOCKOUT/TAGOUT PROCEDURES BEFORE ATTEMPTING TO REMOVE OBSTACLES. S. NEVER CLIMB INSIDE THE COMPACTOR UNIT. HAZARDOUS MATERIALS 1. FOLLOW THE INSTRUCTIONS ON THE LABEL AND IN THE CORRESPONDING SAFETY DATA SHEET (SDS) FOR EACH CHEMICAL PRODUCT USED IN YOUR WORKPLACE. 2. USE PERSONAL PROTECTIVE CLOTHING OR EQUIPMENT (PPE) SUCH AS NEOPRENE GLOVES, RUBBER BOOTS, SHOE COVERS, RUBBER APRONS AND PROTECTIVE EYEWEAR WHEN USING CHEMICALS LABELED FLAMMABLE, CORROSIVE, CAUSTIC OR POISONOUS. 3. DO NOT USE PROTECTIVE CLOTHING OR EQUIPMENT THAT HAS SPLIT SEAMS, PIN HOLES, CUTS, TEARS OR OTHER SIGNS OF VISIBLE DAMAGE. 4. EACH TIME YOU USE YOUR GLOVES, WASH THEM BEFORE REMOVAL BY USING COLD TAP WATER AND NORMAL HAND WASHING MOTION. ALWAYS WASH YOUR HANDS AFTER REMOVING THE GLOVES. 18 100 MACHINE SAFETY 1. DO NOT REMOVE, ALTER OR BYPASS ANY SAFETY GUARDS OR DEVICES WHEN OPERATING MECHANICAL EQUIPMENT SUCH AS MECHANICAL POWER PRESSES, PRESS BRAKES, METAL WORKING LATHES, RADIAL ARM SAWS, DRILLS, HORIZONTAL MILL, PUNCH PRESS OR WHEN BENDING OR FORMING MATERIALS. 2. REPLACE GUARDS BEFORE STARTING THE MACHINE, AS SOON AS POSSIBLE AFTER MAKING ADJUSTMENTS OR REPAIRS. 3. DO NOT TRY TO STOP A WORKPIECE AS IT GOES \THROUGH ANY MACHINE. IF THE MACHINE BECOMES JAMMED, DISCONNECT THE POWER BEFORE CLEARING THE JAM. 4. DO NOT WEAR LOOSE CLOTHING, JEWELRY OR TIES AROUND MACHINERY WHERE IT COULD BECOME STUCK. 5. READ AND OBEY SAFETY WARNINGS POSTED ON OR NEAR ANY MACHINERY. 6. LONG HAIR MUST BE CONTAINED UNDER A HAT OR HAIR NET REGARDLESS OF GENDER. HAND TOOL SAFETY 1. DO NOT CONTINUE TO WORK IF YOUR SAFETY GLASSES BECOME FOGGED. STOP WORK AND CLEAN THE GLASSES UNTIL THE LENSES ARE CLEAR. 2. TAG WORN, DAMAGED OR DEFECTIVE TOOLS "OUT OF SERVICE,"AND DO NOT USE THEM. 3. DO NOT USE A TOOL IF THE HANDLE SURFACE HAS SPLINTERS, BURRS, CRACKS OR SPLITS. 4. DO NOT USE IMPACT TOOLS SUCH AS HAMMERS, CHISELS, PUNCHES OR STEEL STAKES THAT HAVE MUSHROOMED HEADS. S. WHEN HANDING A TOOL TO ANOTHER PERSON, DIRECT SHARP POINTS AND CUTTING EDGES AWAY FROM YOURSELF AND THE OTHER PERSON. 6. DO NOT CARRY SHARP OR POINTED HAND TOOLS SUCH AS SCREWDRIVERS, SCRIBES, CHISELS OR FILES IN YOUR POCKET OR APRON UNLESS THE TOOL OR YOUR POCKET IS SHEATHED. 7. DO NOT PERFORM MAKE-SHIFT REPAIRS TO TOOLS. B. DO NOT THROW TOOLS FROM ONE LOCATION TO ANOTHER OR FROM ONE EMPLOYEE TO ANOTHER. 9. TRANSPORT HAND TOOLS ONLY IN TOOL BOXES OR TOOL BELTS. DO NOT CARRY TOOLS IN YOUR HAND OR CLOTHING, ESPECIALLY WHEN USING A LADDER. HAND TRUCK SAFETY 1. WHEN LOADING HAND TRUCKS, KEEP YOUR FEET CLEAR OF THE WHEELS. 2. DO NOT EXCEED THE MANUFACTURER'S LOAD-RATED CAPACITY. READ THE CAPACITY PLATE ON THE HAND TRUCK IF YOU ARE UNSURE. 3. PLACE THE LOAD SO THAT IT WILL NOT SLIP, SHIFT OR FALL. USE THE STRAPS, IF THEY ARE PROVIDED, TO SECURE THE LOAD. 4. FOR EXTREMELY BULKY OR PRESSURIZED ITEMS, SUCH AS GAS CYLINDERS, STRAP OR CHAIN THE ITEMS TO THE HAND TRUCK. 5. TIP THE LOAD SLIGHTLY FORWARD SO THAT THE TONGUE OF THE HAND TRUCK GOES UNDER THE LOAD. S. PUSH THE TONGUE OF THE HAND TRUCK ALL THE WAY UNDER THE LOAD THAT IS TO BE MOVED. 7. KEEP THE CENTER OF GRAVITY OF THE LOAD AS LOW AS POSSIBLE BY PLACING HEAVIER OBJECTS BELOW THE LIGHTER OBJECTS. 8. PUSH THE LOAD SO THAT THE WEIGHT WILL BE CARRIED BY THE AXLE AND NOT THE HANDLES. 9. IF YOUR VIEW IS OBSTRUCTED, ASK A SPOTTER TO ASSIST IN GUIDING THE LOAD. 10. DO NOT WALK BACKWARD WITH THE HAND TRUCK UNLESS YOU ARE GOING UP RAMPS. 11. WHEN GOING DOWN AN INCLINE, KEEP THE HAND TRUCK IN FRONT OF YOU SO THAT IT CAN BE CONTROLLED AT ALL TIMES. 12. MOVE HAND TRUCKS AT A WALKING PACE. 13. STORE HAND TRUCKS WITH THE TONGUE UNDER A PALLET, SHELF OR TABLE. OFFICE SAFETY 1. DO NOT WORK ON ANY COMPUTER OR OTHER ELECTRICAL OFFICE MACHINES IF YOUR HANDS ARE WET OR IF YOU ARE STANDING ON DAMP FLOORS. 2. NEVER USE CARBON TETRACHLORIDE FOR TYPEWRITER CLEANING. 3. DO NOT MOUNT PENCIL SHARPENERS SO THAT THEY PROTRUDE BEYOND THE EDGES OF DESKS OR TABLES. 4. DO NOT STAND ON A SWIVEL CHAIR. 5. DO NOT RAISE THE SEATS ON SWIVEL CHAIRS BEYOND THE POINT WHERE YOUR FEET CAN TOUCH THE FLOOR. 6. DO NOT COMPACT MATERIAL IN THE WASTE BASKET WITH YOUR HANDS OR YOUR FEET. 7. DO NOT USE CARDBOARD BOXES AS WASTE RECEPTACLES 8. DO NOT LEAVE FILE DRAWERS OPEN; ALWAYS USE THE HANDLES TO CLOSE THEM. 9. DO NOT STACK FILE CABINETS ON TOP OF ONE ANOTHER. 10. OPEN ONE FILE CABINET DRAWER AT A TIME. 11. PUT HEAVY FILES IN THE BOTTOM DRAWERS OF FILE CABINETS. 19 201 FOOD SAFETY 1. SEPARATE RAW, COOKED AND READY-TO-EAT FOODS WHILE SHOPPING, PREPARING OR STORING. 2. KEEP REFRIGERATOR SURFACES CLEAN AND STERILIZED. 3. WASH HANDS THOROUGHLY BEFORE AND AFTER SHIFTS AND AT REGULAR INTERVALS DURING SHIFTS. 4. REFRIGERATE PERISHABLE FOOD PRODUCTS PROMPTLY, AND DEFROST FOODS PROPERLY. FOOD SERVICE 1. EMPLOYEES MUST USE DRY POT HOLDERS OR TOWELS TO HANDLE HOT OR FROZEN ITEMS. 2. EMPLOYEES MUST CAP ALL OPEN FLAMES BEFORE PUSHING BANQUET CARTS. 3. LIDS MUST BE PLACED ON COFFEE POTS AND POTS OF HOT LIQUIDS BEFORE PICKING THEM UP TO MOVE THEM. 4. EMPLOYEES MUST USE A DRY TOWEL OR AN OVEN MITT WHEN TAKING PLATES OUT OF THE PLATE WARMERS. S. EMPLOYEES MUST NEVER SUBMERGE HOT GLASS IN COLD WATER OR SUBMERGE COLD GLASS IN HOT WATER. 6. EMPLOYEES MAY NEVER SCOOP ICE FROM THE ICE MACHINE WITH A DRINKING GLASS. 7. AT LEAST TWO WORKERS SHOULD CARRY TABLES DURING BANQUET ROOM SET UP OR TEAR DOWN. 20 102 EMPLOYEE LIQUOR LIABILITY AGREEMENT FORM AS A CONDITION OF EMPLOYMENT, 1 AGREE TO THE FOLLOWING COMPANY RULES REGARDING THE SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES. IN CONJUNCTION WITH ABC, ZINQUlk IS REQUIRING THAT EVERY EMPLOYEE (SERVER, BARTENDER, BARISTA, SUSSER) THAT SERVES ALCOHOLIC BEVERAGES TO PUBLIC IS CERTIFIED WITH LEAD, TIPS OR EQUIVALENT CERTIFICATION. THE COURSE CAN BE TAKEN ONLINE AT: HTTP:HPROCERTEDUCATION.COM/ALCOHOL-SER V ER-COU RSEs/4580359282 1. 1 HAVE COMPLETED 'S FORMAL LIQUOR LIABILITY TRAINING PROGRAM. ANY QUESTIONS I HAD REGARDING THE PROGRAM HAVE BEEN FULLY EXPLAINED TO ME TO MY SATISFACTION. 2. 1 WILL NOT SELL BEER, ALE, WINE OR LIQUOR TO ANY PERSON THAT IS NOT OF LEGAL DRINKING AGE AT THE TIME OF THE SALE. 3. 1 WILL NOT SELL ANY BEER, ALE, WINE OR LIQUOR TO ANY PERSON WHO APPEARS INTOXICATED OR IS ACTING DISORDERLY. 4. 1 UNDERSTAND THE STATE, COUNTY AND CITY LAWS REGARDING THE LEGAL HOURS OF THE DAY DURING WHICH 1 MAY SELL BEER, ALE, WINE OR LIQUOR TO A CUSTOMER. I WILL NOT SELL OR SERVE BEER, ALE, WINE OR LIQUOR TO ANYONE DURING THE RESTRICTED HOURS. 5. 1 WILL NOT PURCHASE ANY BEER, ALE, WINE OR LIQUOR FROM MY EMPLOYER FOR THE USE OR BENEFIT OF ANY UNDERAGE PERSON OR ANY INTOXICATED PERSON. 6. 1 UNDERSTAND ZINQUIt WILL ONLY ACCEPT CERTAIN FORMS OF PERSONAL IDENTIFICATION AS OUTLINED IN MY TRAINING PROGRAM, AND I WILL ACCEPT NO OTHER FORM OF I.D. FROM ANYONE PURCHASING BEER, ALE, WINE OR LIQUOR. 7. IF ANY CUSTOMER DOES NOT CLEARLY APPEAR TO BE AT LEAST 30 YEARS OLD, 1 WILL REQUEST ACCEPTABLE IDENTIFICATION AND VERIFY THAT THE CUSTOMER IS OF LEGAL AGE BEFORE MAKING THE SALE. 8. 1 UNDERSTAND THAT IF 1 DO MAKE AN ILLEGAL SALE OF BEER, ALE, WINE OR LIQUOR, I MAY BE PERSONALLY ARRESTED AND CHARGED WITH A CRIMINAL OFFENSE. IF I AM FOUND GUILTY i COULD BE FINED, JAILED OR BOTH. 1 UNDERSTAND 1 AM PERSONALLY RESPONSIBLE FOR MY ATTORNEY FEES AS WELL AS PAYING ANY ASSESSED FINES. 9. 1 UNDERSTAND THAT ANY INFRACTION OF Z.INQUIE. RULES CONCERNING THE SALE OF BEER, ALE, WINE OR LIQUOR COULD RESULT IN AUTOMATIC TERMINATION. 10. 1 UNDERSTAND THAT MY ACTIVITIES WILL BE MONITORED BY ZINQUIt AS WELL AS BY STATE AND LOCAL LAW ENFORCEMENT INVESTIGATORS. I HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THE LIQUOR LIABILITY POLICY RULES AS STATED ABOVE. EMPLOYEE SIGNATURE DATE 21 103 EMPLOYEE ACKNOWLEDGEMENT FORM ZINQUd IS FIRMLY COMMITTED TO YOUR SAFETY. WE WILL DO EVERYTHING POSSIBLE TO PREVENT WORKPLACE ACCIDENTS AND ARE COMMITTED TO PROVIDING A SAFE WORKING ENVIRONMENT FOR ALL OF OUR EMPLOYEES. WE VALUE YOU NOT ONLY AS AN EMPLOYEE BUT ALSO AS A HUMAN BEING CRITICAL TO THE SUCCESS OF YOUR FAMILY, THE LOCAL COMMUNITY AND . YOU ARE ENCOURAGED TO REPORT ANY UNSAFE WORK PRACTICES OR SAFETY HAZARDS ENCOUNTERED ON THE JOB. ALL ACCIDENTS/INCIDENTS (NO MATTER HOW SLIGHT) ARE TO BE IMMEDIATELY REPORTED TO THE SUPERVISOR ON DUTY. A KEY FACTOR IN IMPLEMENTING THIS POLICY WILL BE A STRICT COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, LOCAL AND ZINQUIE POLICIES AND PROCEDURES. FAILURE TO COMPLY WITH THESE POLICIES MAY RESULT IN DISCIPLINARY ACTION. RESPECTING THIS, ZINQUIE WILL MAKE EVERY REASONABLE EFFORT TO PROVIDE A SAFE AND HEALTHFUL WORKPLACE THAT IS FREE FROM ANY RECOGNIZED OR KNOWN POTENTIAL HAZARDS. ADDITIONALLY, ZINQUIE SUBSCRIBES TO THESE PRINCIPLES: 1. ALL ACCIDENTS ARE PREVENTABLE THROUGH IMPLEMENTATION OF EFFECTIVE SAFETY AND HEALTH CONTROL POLICIES AND PROGRAMS. 2. SAFETY AND HEALTH CONTROLS ARE A MAJOR PART OF OUR WORK EVERY DAY. 3. ACCIDENT PREVENTION IS GOOD BUSINESS. IT MINIMIZES HUMAN SUFFERING, PROMOTES BETTER WORKING CONDITIONS FOR EVERYONE, HOLDS ZINQUE IN HIGHER REGARD WITH CUSTOMERS AND INCREASES PRODUCTIVITY. THIS IS WHY ZINQUd WILL COMPLY WITH ALL SAFETY AND HEALTH REGULATIONS WHICH APPLY TO THE COURSE AND SCOPE OF OPERATIONS. 4. MANAGEMENT IS RESPONSIBLE FOR PROVIDING THE SAFEST POSSIBLE WORKPLACE FOR EMPLOYEES. CONSEQUENTLY, MANAGEMENT OF ZINQUIE. IS COMMITTED TO ALLOCATING AND PROVIDING ALL OF THE RESOURCES NEEDED TO PROMOTE AND EFFECTIVELY IMPLEMENT THIS SAFETY POLICY. 5. EMPLOYEES ARE RESPONSIBLE FOR FOLLOWING SAFE WORK PRACTICES, COMPANY RULES AND FOR PREVENTING ACCIDENTS AND INJURIES. MANAGEMENT WILL ESTABLISH LINES OF COMMUNICATION TO SOLICIT AND RECEIVE COMMENTS, INFORMATION, SUGGESTIONS AND ASSISTANCE FROM EMPLOYEES WHERE SAFETY AND HEALTH ARE CONCERNED. 6. MANAGEMENT AND SUPERVISORS OF WILL SET AN EXEMPLARY EXAMPLE WITH GOOD ATTITUDES AND STRONG COMMITMENT TO SAFETY AND HEALTH IN THE WORKPLACE. TOWARD THIS END, MANAGEMENT MUST MONITOR THE COMPANY'S SAFETY AND HEALTH PERFORMANCE, WORKING ENVIRONMENT AND CONDITIONS TO ENSURE THAT PROGRAM OBJECTIVES ARE ACHIEVED. 7. OUR SAFETY PROGRAM APPLIES TO ALL EMPLOYEES AND PERSONS AFFECTED OR ASSOCIATED IN ANY WAY WITH OPERATIONS. EVERYONE'S GOAL MUST BE TO CONSTANTLY IMPROVE SAFETY AWARENESS AND TO PREVENT ACCIDENTS AND INJURIES. EVERYONE AT ZINQUIR MUST BE INVOLVED AND COMMITTED TO SAFETY. THIS MUST BE A TEAM EFFORT. TOGETHER, WE CAN PREVENT ACCIDENTS AND INJURIES AND KEEP EACH OTHER SAFE AND HEALTHY IN THE WORKPLACE. BY SIGNING THIS DOCUMENT, I CONFIRM THE RECEIPT OF 'S EMPLOYEE SAFETY HANDBOOK. 1 HAVE READ AND UNDERSTOOD ALL POLICIES, PROGRAMS AND ACTIONS AS DESCRIBED, AND AGREE TO COMPLY WITH THESE SET POLICIES. EMPLOYEE SIGNATURE DATE 22 104 Attachment No. PC 10 Lido Marina Village Security Plan i05 V� QP �P zoo NEWPORT BEACH , CA I EST. 1971 UDO M V I L L A G E Lido Marina Village Security Plan 3414 Via Oporto, Newport Beach, California 92663 112,019 sq.ft. of Boutique Retail, Restaurant, Creative Office, and 47-Slip Marina 2o7 INTRODUCTION: Lido Group Retail, LLC("Lido Marina Village") understands the importance of being proactive and partnering with the City of Newport Beach in order to create a successful shopping center environment that not only protects the owner's physical asset, but assists the Newport Beach Police Department as well as protects LMV tenants,guests and the community of Newport Beach.To that end, and pursuant to the City's request, Lido Marina Village has created a comprehensive Security Plan for City review. Lido Marina Village employs MPP Security Services as its contracted security service. The agency employs Security Officers who have the appropriate state training and licensing as well as current Guard Cards. SECURITY PERSONNEL: NUMBER OF OFFICERS: Officers patrol the entire Lido Marina Village project.This includes the street of Via Oporto in front of buildings 3400- 3450,the boardwalk where these buildings face the water, restrooms at the 3412/3416&3242/3432, elevators in the village,the 3700 building,the parking lot in front of the 3700 building,the parking lot between 3636 and 3700,the alley way, parking structure and restrooms, and trash enclosures. The following will be the Shift Schedule: Number of Officers: 2 Shift Hours:4pm-12am Number of Officers: 2 Shift Hours: 12am-7am The first shift of two (2) officers not only handle the routine foot patrol duties for the property but also ensure that Electra guests follow the correct path of travel to and from the Electra boats in a safe manner. Once Electra boat guests come back from their cruise,they will be monitored to make sure they arrive back to their vehicles safely. The second shift of two (2) officers will walk the property from 12pm to 7am. In addition to their regular foot patrol duties, this shift will ensure that there are no trespassers and/or homeless sleeping in the elevators or restrooms throughout the project and that no uninvited guests remain in the parking structure or the property overnight. They will also assist in obtaining rides for intoxicated patrons and will notify the Newport Beach Police Department should the intoxicated patron refuse their assistance and leave the property in an impaired state. UTLTIZATION OF OFFICERS: Retail/Office Patrol: Officers are to patrol the retail shops,office upstairs, and restrooms in the village section of the property. While patrolling they are instructed to observe and report on any buildings for vandalism, damage, and suspicious odors.They are to report any type of this activity immediately to the Lido Marina Management and LMV Engineer.They also monitor and report on all other assigned vendors arriving and leaving the property such as janitorial, awning,sweeping, steam cleaning, and trash collection. Retail Parking Structure Patrol: Officers are to patrol all levels of the parking structure on a regular basis.This includes restrooms at the parking structure, elevator at the parking structure, and stairwells. If a tenant employee (who is assigned to off-site parking) is found parking in the structure, officers are to advise Lido Marina Village Management right away as they may not be authorized to park in the parking structure. 102 SECURITY CENTERAL DISPATCH/CAMERA LOCATION: The Security Central dispatch and monitoring room is located in the garage adjacent to the main garage entry off of Via Lido.The parking structure will have six(6) security cameras. These will monitor the vehicles entering and exiting the parking structure. In addition,these will monitor the public leaving the parking structure by foot towards the village, as well as any activity at the fountain. Lastly,the cameras will monitor the parking structure equipment for any damage and vandalism.The footage from the cameras is recorded and can be reviewed for up to 30 days from the incident. Video will be made upon request to the Newport Beach Police Department. INTOXICATED GUESTS: Those that are showing signs of intoxication in the common areas of the Shopping Center will be instructed by Security not to drive their vehicle off property and persuaded to allow the Security Officers to obtain a ride from an outside party to their place of destination.There will be designated area on the project where Security will stay in contact with the intoxicated party until an Uber/Lyft/aIterative vehicle can pick them up for a ride home. If the individual or party refuses,Security will notify the Newport Beach Police Department with a description of the individual or individuals and the license plate of the vehicle if possible. UNRULY/TRESSPASSERS: - Security will respond to all reports of a group or of individuals whose behavior has become unruly and unacceptable to the security, safety, of the property, its tenants and guests. Security will first assess the situation to determine the level of danger and then in a calm, non-physical, reasonable manner encourage a diplomatic resolution of the matter with the goal of escorting the individual off the property. However, in the case that the individual or individuals become a danger to themselves, other guests, tenants, or the property, the Newport Beach Police Department will be notified. REPORTING -The purpose of a written or oral report is to communicate the facts of an incident in a timely, concise and accurate manner. A good written or oral report is a representation of an incident exactly as it happened. Written reports preserve the details of the incident for future reference or court presentation. Officers should be specific and make a clear distinction between what was stated or claimed by others and any factual evidence discovered. Reports should include;who did what,when,where, how and when possible,why. These reports are reviewed by the Security Director and Property Management. • DAILY ACTIVITY REPORT/INCIDENT REPORTS: All officers must complete a daily activity report for their shift. In addition, if there are specific incidents such as the ones below, an Incident Report will be written and delivered to management by the end of the Officer's Shift. • Disorderly Conduct/Disturbances/Public Intoxication o Assaults/Batteries—Exterior Premises o Auto Thefts/Attempted Auto Thefts o Burglaries/Attempted Burglaries/External Theft from Motor Vehicles o Robberies/Armed Robberies within Interior Premises o Personal Accident—Injury Slip and Fall-Exterior Premises o Personal Accident—Injury Not Slip and Fall—Exterior Premises o Personal Accident- Property Damage o Vehicle Accident—Injury o Vehicle Accident—Property Damage YD9 EMERGENCY NUMBERS: If a Tenant feels a situation is of a life threatening nature,they have been instructed to call 911. Property or non-injury emergencies are handled by Security and Lido Marina Engineering Staff. Non-Life Threatening Emergency Contacts Noe Espinoza, Lido Engineer 949-514-1249 Quyen Tran, Director of Operations 714-863-9119 Dorothy Augustyniak, Property Manager 949-201-5152 Mary Vu, Assistant Property Manager 714-448-2922 Bella Terra 24/7 Security Dispatch 714-799-7537 SERVICE/DESCRIPTION TELEPHONE Police/Fire/Ambulance 911 Police Department-Non-Emergency 949-644-3681 Fire Department—Non-Emergency 949-644-3106 Animal Control (OC Pest Control) 949-568-8700 Poison Control 800-222-1222 Utilities Electric(SOCAL Edison) 1-800-990-7788 Gas (So. Cal) 1-800-427-2000 Water/Sewer (City Of NB) 949-644-3311 Telephone (Telepacific) 877-487-8722 Hospitals Hoag Hospital Newport Beach 1 Hoag Drive, Newport Beach, CA(949)764-4624 College Hospital Costa Mesa 301 Victoria St., Costa Mesa, CA(949) 642-2734 CONCLUSION: Lido Marina Village encourages the support of the Newport Beach Police Department in assisting the Security Staff and Management with the well-being, safety and security of the shopping center for the benefit of, its patrons,guests, tenants, invitees,the City and the Community of Newport Beach. 110 Attachment No. PC 11 Restaurant Square Footage Tracking Table 111 V� QP �P �2� Lido Marina Village Summary of Restaurants Updated 10/29/2015 Code Required Address Restaurant Tenant Code Parking Rate Parking GFA* NPA** Patio*** Use Permit Operational Notes 3450 Via Oporto Nobu 1/40 sq ft NPA+ (Patio-25%NPA)/40 188 12,603 5,150 3,656 UP2015-040 (PA2015-167) Type 47, Late Hours, Live Entertainment, Outdoor Dining Patio 3440 Via Oporto Zinque 1/40 sq ft NPA+ (Patio-25%NPA)/40 46 2,379 1,364 795 UP2015-042 (PA2015-178) Type 47, Late Hours, Outdoor Dining Patio 3418 Via Lido Juice Served Here 1/50 sq ft NPA+ (Patio-25%NPA)/50 13 930 514 250 UP2015-045 (PA2015-203) No Alcohol, No late Hours, Outdoor Dining Patio LMV TOTAL Current TOTAL 247 15,912 7,028 4,701 LMV TOTAL Max.to Trigger Parking Study 338 17,904 10,501 5,463 LMV SQ FT REMAINING 1 911 1,9921 3,4731 762 *Total Maximum Restaurant GFA for LMV is 22,911 sq ft, total identified in the table triggers a new parking study and PC approval per the Parking Management Program ** Net Public Area Maximum is based on prior restaurant net public area research conducted and incoporated into the LMV Parking Study, exceeding this threshold will trigger a new parking study and PC approval ***Outdoor dining patio areas are calculated based on existing entitlements (2,411 square feet plus the code requirement for additional projected patio areas) ****Represents the maximum code required parking anticipated under the LMV Parking Study 113 " 1 A -90 22� Attachment No. PC 12 Project Plans 115 V� QP �P 22� PA2015-178 Attachment No. PC 12 - Project Plans 1 12.02.15 CUP APPLICATION HT N0., DATE I REVISION BY MAI 833 S. SPRING STREET ZINQUE NEWPORT LOS ANGELES, CA 90014 T 310 255 0982 F 310 255 0983 studio-mai,com These documents are instruments of service and as such remain the C . U . P . APPLICATION intellectual this physical property of Studio MAI Inc.These documents others are not to be used by the owner or others on other projects,for additions to this project dor,e for the completion m this project by others. All documents are intended as guidelines for implementation.All fabricators and Installers shall be responsible for a high yet reasonable degree of accuracy and quality.Written dimensions shall always take DECEMBER 7TH , 2 015 precedence over scaled dimensions and shall io s to the in the field, Any discrepancy shall be brought to the attention of Studio-MAI Inc prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Studio-MAI Inc. DRAWING INDEX DRAWING NO. DESCRIPTION / DRAWING TITLE 12/7/15 A 0.1 COVER SHEET • A 1 .00 SITE PLAN PARKING • A 1 .10 TRASH ENCLOSURE AND ROUTE • A 1 .20 SITE PLAN • A1.30 MASTER PHASING PLAN • A 2.00 PROPOSED FLOOR PLAN • A2.10 ENLARGED TO-GO PLAN • A 2.20 ROOF PLAN • A 2.50 LANDSCAPE PLAN • A 3.00 FINISH SCHEDULE • A 3.10 EXTERIOR ELEVATIONS • A 3.20 EXTERIOR ELEVATIONS • A 3.30 EXTERIOR ELEVATIONS • A 4.40 EXTERIOR IMAGES • PROJECT TITLE: ZINQUE NEWPORT RESTAURANT 3446 VIA OPPORTO NEWPORT BEACH, CA 92663, USA SUITE 101 &104 PROD.#00234C DRAWING TITLE: COVER SHEET A 0 . 1 SCALE: DRAWN BY: HT DATE: 12/02/15 22� PA2015-178 Attachment No. PC 12 - Project Plans 1 12.02.15 CUP APPLICATION HT SITE AND CITY PARKING ° NUMBER OF STALLS ° ° LOCATION ° HANDICAP STANDARD LOADING VALET 0 0 0 ° AREA OF WORK Existing 0 5(20 minutes) 0 0 N1 9•29'39 E o VIA OPORTO Proposed 0 12(30 minutes) 3 3 29.31 bka CENTRAL�0 Existing 0 12 2 0 � Nag Existing 11 \ 0 ° AVENUE �9 Proposed 3 (2 hour) 11 (2 hour) 0 0 0 Existing 0 10 0 0 16.60 PRIVATE NO. DATE REVISION BY 0 STREET 0 Proposed 0 10 (2 hour) 0 0 I > / " QC �✓ 0 CENTRAL Existing 0 7 0 0 AVENUE r I0 CITY STALLS C I � N ACROSS 3700 Proposed 0 7 (2 hour) 0 0 �s 0 k" / SJ Existing 0 9(2 hour) 1 0 ' \ o It �' o VIALIDO 3(3 minutes) CITY STALLS nj 9 2 hour) a ��6 Proposed 0 3 (31 minutes) 1 0 Q S ` o Existing 0 43 3 0 UDIO MAI �� �A� SJ O^ TOTAL 833 S. SPRING STREET \ OProposed 3 52 4 3 LOS ANGELES, CA 90014 E ` �� � � T 310 255 0982 F 310 255\ 0983 m • ✓ SITE AND Existing 46 0 studio-mai.co /1D J CITY ^ PARKING these documents are instruments of service and as such remain the '' I \ • \ ' Proposed 59 3 intellectual and physical property of others on of Inc.These documents O are not too this pr je the owner or others on other projects,for • additions to this project or,for the completion of this project by others. Qi "' 1 t I � � (� • � � ° All documents are Intended as guidelines for implementation.All LLJ V TOTAL STANDARD&ACCESSIBLE PARKING STALLS PROVIDED fabricators and installers shall be responsible for a high yet reasonable +Q_ Z�• �� degree of accuracy and quality.Written dimensions shall always take Q , \ precedence over scaled dimensions and shall be verified in field. _ ��•• Any discrepancy shall be brought to the attention of Studio-MAI Inc LLI — — S5, P w \ /� LOCATION STALLS PROVIDED TOTAL HANDICAP REQUIRED imor to the commencement of work.All exceptions to the above W I ,N g \, ` ` V PER TABLE 11 B-208.2 statements are only acceptable by written agreement with Studio-MAl 4 V / v STANDARD HANDICAP ° 301 -400 STALLS=8 JD PARKING I ¢ \ \ \ STRUCTURE 349 8 HANDICAP STALLS m �\ / `� � REQUIRED SITE AND CITY 51-75 STALLS=3 HANDICAP ` \�� 0 PARKING 58 3 STALL REQUIRED N LU ` \ 405 11 TOTAL HANDICAP DO CV V 9 1 Q /� `� 6� o TOTAL 3 VALET PLUS (11) REQUIRED co z 162, co `� sib 10.0 00 9 S 76°08'14'�E \ 10 r�5-7k A 264 0-15'27" (RAD) ` — — �J o R= 16S76'23'41"E 8950 O 15 Is 17 is \ R / RAD J N 822'43"E W g O LU 4,9 �6• �� ` 29.49' LU o z� U �� 3s �A ^ i� <�\ ° 0010E D) R=12.17 6' 5'31"E ( A ) R=2646 50' a L— N 22 23R A T N 0 12 5 0 44°22'33" J U J AO \ \ v 12.1 T N66°08'31"W w <'\ o / Q� 4— ° 7'06", j S>> 1 I 1 • • . • D I� 2 3 4 S 6 ] 8 9 10 11 12 13 1< ' J f �\ �\ L=2 . 6,50 �11 LL�1 ® ® 1 Q-to CN w 1 1 1 1 1 1 1 1 1 1 ) 009\ 6 Z I ' 0S Q- I g 07'35"W 253.64' 253. ' - P � _I 20.00' 0' 133.64' �w\ � O w \ \. " U J - LIJ�t ° d' LU rn " I " 00 =21 PROJECT TITLE: N11111!20.00' 0 01 .48' o ZINQUE NEWPORT `14 — N66°07'35"W 354.47' RESTAURANT LJ L J L J L[354.35' /I TR 135, MT 47-�2y� i I] 3446 VIA OPPORTO NEWPORT BEACH, CA 92663, USA SUITE 101 &104 PROJ. #00234C O DRAWING TITLE: - - SITE PLAN PARKING SITE PLAN O SCALE 1/32"=1'-0" A COO SCALE: 1/4" = V-0" DRAWN BY: HT DATE: 12/02/15 228 PA2015-178 Attachment No. PC 12 - Project Plans FA 1 12.02.15 CUP APPLICATION HT ®-Q I -y II I I I d 39 • i I .. :: .. 2 30 44 /I 2 oILI E33 _ 2v .. .. - - ' -a- L_ _L — TI - - - - - - - - - _�_ I j I II PLAN KEY NOTES - - - - - - - - - - - - - - - — r r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ EXTERIOR SHARED TRASH COLLECTION AREA 236 SF, O 1 _ I I: 93 34 5, 56 I I I I 148 SF ALLOCATED FOR NOBU, 88 ALLOCATED FOR ZINOUE O N0. DATE REVISION BY 96 TRASH ROUTE 27 23 6 IrTI 1 rT j164 9 69 I 1 1 I1 1 6Z STUD0O MAI m I I ' 833 S. SPRING STREET r — J I 1 \ LOS ANGELES, CA 90014 J 36 1 1 T 310 255 0982 1776p 6, 62 35 1 F 310 255 0983 7J I I 1 1 studio-mai.com �� 1 \ I These documents are instruments of service and as such remain the ea I intellectual and physical property of Studio-MAI Inc.These documents k ' L� �IA — \ 1 \ I �b are not to be used by the owner or others on other projects,for additions to this project ar,for the completion of this reject b others. J P 1 P project Y _ _ _ I \ \ \ ,/ All documents are intended as guidelines for implementation.All \ 0- /�6O0 fabricators and installers shall be responsible for high yet reasonable 61 I tzIAbz — — — — — — — — 1 —/ \ ✓b'SJ degree of accuracy and quality.Written dimensions shall always take _ �' — —/ I \ precedence over scaled dimensions and shall be verified in the field. l be broutto the attention O ve 1 \ \ \ ` .............. Any orto thecommencement ancy of work.All exceptions to the above Inc pr64 + 6 statements are only acceptable by written agreement with Studio-MAI Inc. 63 19 t8 21 22 66 68 76 '/Z 76 1 \ 1 1 \ \ o J ° c l a \ i o 0 0 0 0 0 0 \ �z o O ` \ I I � M—MV A111 ffix�\\Mv O r O \ - \O uu O ® O \\ �� � V�t1 b . ♦ \ PROJECT TITLE: 9 � ZINQUE NEWPORT \ �♦ _ RESTAURANT \O \� O - - - - _ ✓ \ \�� / \ O \ \\ 3446 VIA OPPORTO NEWPORT BEACH, CA 92663, USA / \ SUITE 101 &104 \ O ® eato "� PROJ. #00234C O \ /a,aao,aaa,aao meas �ar,aaa,ffr / �� \ O \ DRAWING TITLE: <a+eaa,eaa+eaa,eaa+� <z,a a<z,aar,ae,aar,aaz,aar I O O \ jpg'6,,,,,,,,, ,,,,. \ o»K`<v;vHo»K` \� TRASH ENCLOSURE / 1'1v�vHo»K`<v�vHom`a\rHo»Kaa'aao,�onvH<......v"......vHo»K`<HVHonvH 00 \ / ti ` ti"<; „«<,,, <,,;,e"'I`<;;;,<;`< 'll, <;,<;,;`<;,<;,;`<;,<;,; O \.\ AND ROUTE / /'�� < ,e<ro,eaa+e<ro,eaa+e<roae<w+e<ro,eaa+e<ro,eaa+e<ro,eaa»a /' . \` r menvKomonvKomonvKon nnvKomonv...... 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All documents are intended as guidelines for implementation.All fabricators and installers shall be responsible for a high yet reasonable degree of accuracy and quality.Written dimensions shall always take precedence over scaled dimensions and shall be verified in the field. 6 ` Any discrepancy shall be brought to the attention of Studio-MAI Inc 2s„ 2 prior to the commencement of work.All exceptions to the above F // 7, statements are only acceptable by written agreement with Studio-MAI Inc. J r, /r o O Ll �WR 6, L AY O - ALE 000aooa0000000aa000a000 ET 8' 00 000000000000000000a00000 ?7. '3 00 000000000 000000a000aoo � � o a0000000000 00000 o \\ \ I � oQ '9 Q • — '4TQ 69 s�,,°otic \ — — • \ \ \ TF 3A PROJECT TITLE: 91 ZINQUE NEWPORT RESTAURANT '0� 3446 VIA OPORTO SUITE 101 & 104 NEWPORT BEACH, CA 92663, USA PROJ.#00234C \ \ DRAWING TITLE: \ n ory SITE PLAN OI �Fr SITE PLAN O 0 106-"3Q SCALE 1/8"=1 O \ \ \ MECHANICAL \ \ � - Al . 20 � ROOM \ � \ \ \ \�/ \ T C A `\ SCALE:1/8" = 1'-0" DRAWN BY: GK/HT DATE: 01/06/16 �A\ \ 120 PA2015-178 Attachment No. PC 12 - Project Plans 1 12.02.15 CUP APPLICATION HT MASTER PHASING PLAN — 10/01/2015 PROJECT PERMIT LEGEND PHASE ADDRESS BUILDING DATA DESCRIPTION NUMBERS FEES SS PERMIT 3434 VIA LIDO BUSINESS S2/0 NEW AWNINGS, SIGNAGE AND REPLACE X2014-0709 S60,OD0 PROPERTY LINE 1 IIB-NON SPRINLERED EXISTING STOREFRONT 3 STORY — — — — — — INTERIOR PARCEL LINE 3505 VIA LDIO RETAIL M TENANT IMPROVEMENTS AND NEW MECHANICAL X2014-2208 (SUITE A) IIB-NON SPRINKLERED UNITS X2014-3518 (SUITE B) 2-STORY X2014-3519 (DUNE C) 2 3444 VIA LIDO BUSINESS B NEW RETAIL DISPLAY WINDOWS, EXTERIOR X2014-0291 (DEMO) VB-SPRINKLERED LIGHTING, SIGNAGE AND NEW MECHANICAL X2014-2639 (SHELL) 2-STORY UNITS PA2014-136 (LOT MERGE) 3 3636 NEWPORT BLVD. RETAIL M NEW WINDOWS, ENRTY, OUTDOOR AREA, X2015-0717 E50,ODO VB-NON SPRINKLERED INTERIOR TENANT IMPROVEMENT AND NEW 1-STORY MECHANICAL UNITS 4 3418 VIA LIDO RETAIL M DEMO NON BEARING INTERIOR WALLS, SPEC X2014-2243 (SHELL) VB-NON SPRINIERED SUITES, REPLACEMENT OF EXISTING DDORS 1-STROP AND WINDOWS AND NEW ROOF ARIGH I TETT 3422 VIA LIDO RETAIL M DEMO NON BEARING INTERIOR WALLS, SPEC X2014-2244 (SHELL) VB-NON SPRINKLERED SURES, REPLACEMENT OF EXISTING DOORS 1-STORY AND WINDOWS AND NEW ROOF 1 7 8 4 8 Sky Park Circle, Suite B Y 3424 VIA LIDO RETAIL M DEMO NON BEARING INTERIOR WALLS, SPEC X2014-2245 (SHELL) I Irvine , California 9 2 6 1 4 N0. DATE REVISION BY VB-NON SPRINKLERED SUM, REPLACEMENT OF EXISTING DDORS P h o n e - 9 4 9 . 7 5 7 3 2 4 0 1-STORY AND WINDOWS AND NEW ROOF w w w s m s - a r G h c o m 3400 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0111 (DEMO) {25,ODO ° VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 0562-2015 (SEISMIC UPGRADE) 0 2-STORY AND WINDOWS AND NEW ROOF 0669-2015 (D&W C/O RE-ROOF) ° 0 3404 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0110 (DEMO) (25,000 IpinunnpAr, ° ° ° VB-SPRINKLERED KLERED AND PL CANE N OF EXISTING DOORS 0562-2015 (SEISMIC UPGRADE) �llS�� ARC['��'''% 0669-2015 (D&W C/O RE-ROOF) � G��,.•••••.•' 0 3408 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0178 (DEMO) f25,ODO ;�a\��1 Q H S•2 F VB-SPRINKLERED SURFS, REPLACEMENT OF EXISTING DOORS 0562-2015 (SEISMIC UPGRADE) "%i •• ��_ 2-STORY AND WINDOWS AND NEW ROOF �f�`{ ° 0669-2015 (D&W C/0 RE-ROOF) " 3412 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0179 (DEMO) (25,000 - S -_ --2 1 :o'. y VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 0728-2015 (D&W C/0 RE-ROOF) = ; a-a. S oa o 0 ;TZ 2-STORY AND WINDOWS AND NEW ROOF 2124-2015 (SEISMIC UPGRADE) _ 3-30-17 i / \ 0 ° 3416 VLA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0279 (DEMO) =25,000 RENEWAL ` I��( \ ° VB-SPRINKLERED SURES, REPLACEMENT OF EXISTING DOORS 0728-2015 (D&W C/O RE-ROOF) ��I•'. DATE •\�:` STUDIO MAI 3-STORY AND WINDOWS AND NEW ROOF -9 •\J as 2124-2015 (SEISMIC UPGRADE) •••........ �`���` 833 S. SPRING STREET ° ° 3420 VIA OPORTO yg VB-SAIL PRINKLERED SUITESA2 DEMO , REPLON ACEMENT OFING RIIXISIING DOORSOR WALLS, 0728520190(0&W C/0 RE-ROOF) 25000 ''' ��Frrrc h\-,I,,,`\ LOS ANGELES, CA 90014 T 310 255 0982 1731-2015 (SEISMIC UPGRADE) ( < < \� ° 2-STORY AND WINDOWS AND NEW ROOF F 310 255 0983 3424 VIA OPORTO RETAIL DEMO NON GEARING INTERIOR WALLS, SPEC X2014-3808 (DEMO) E25,DD0 Studio-mai.Com o VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 1789-2015 (DOORS & WINDOWS) 2-STORY AND WINDOWS AND NEW ROOF 1731-2015 (SEISMIC UPGRADE) These documents are instruments of service and as such remain the ° 3432 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2014-3809 (DEMO) E25,0DO intellectual and physical property of Studio-MAI Inc.These documents \ VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS are not to be used by the owner or others on other projects,for 1789-2015 (DOORS & WINDOWS) ° 2-STORY AND WINDOWS AND NEW ROOF additions to this project dor,e for the completion m this enttiproject by others. 1731-2015 (SEISMIC UPGRADE) All documents are intended as guidelines for implementation.All ( B \ I tC ° fabricators and installers shall be responsible for a high yet reasonable 3440-3446 VIA OPORTO RETAIL M/B/A2 DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0181 (DEMO) 5200,000 degree of accuracy and quality.Written dimensions shall always take I/ VB-SPRINKLERED SUM, REPLACEMENT OF EXISTING DOORS X2015-1453 (SEISMIC) ® \ b� � 2-STORY AND WINDOWS AND NEW ROOF precedence over scaled dimensions and shall be verified inthefield. Q o 1789-2015 (DOORS & WINDOWS) Any discrepancy shall be brought k.the attention of Studio-MAI Inc ° `+ 3450 VIA OPORTO prior m the commencement of work.All exceptions to the above V RESTAURANT A2/M NEW FACADE, DOORS AND WINDOWS, X2014-0292 (DEMO) (1,700,000 statements are only acceptable by written agreement with Studio-MAI \ o 2BSTORY KLERED IM ROVEMENTS. EXTERIOR CTURAL UPGRADES, MLIGGHTING. OUTDOOR ERIOR X2015-0202 (FOUNDATION ONLY) ( ry ® \ X2015-0034 (SEISMIC) DINING AND NEW MECHANICAL UNITS X2015-0262 (TEMP SHORING)\ r l— ' STREET IMPROVEMENTS NEW STREET CONFIGURATION 2612-2014 (CMU L WORK) =625,000 • / \ CS2014-014, PA2014-002 (CUP) Z p BOAT SUPS NEW BOAT SUP CONFIGURATION ~� a OPOFiTO r o v w, (� SITE ACCESSIBLE P.O.T. UPGRADES ADA SITE IMPROVEMENTS AND COMPLIANCE 1147-2015 (PIAN CHECK) q/ ( u•sMm ' 9\ W.➢ _. �� �� UPGRADES I � � � ,,, 'fir � mea ,�. �•� � 'z� /I"I�"I co CDI ® r CANING ZONE IOAgI1C ZONE TlM01NC SONEJ — Q FAQ \\\ �O �w10• \\\ ° HOW / tee.�,\ , m � CD� , . ' . 3505 VIA OPORTO= LU co i � 1� ,e n m p aR m �\-. e\\ �V24 � / "� \°j A• � L LL U 9 0 NEWPORT O w \� A� ��\\ � o O CL BLVD. I p In a sa a te., \ 1 \' \.O,��9, •9 \ti \ o o W flm as o r a w 3434 VIA LIDO \ c — — e0 \'\ •, _ e \ 71 1 L - .1• i me IL IM r - ---J- ---- e — — — — Eff 0 aU, I \ � 4 II i� 344422 22 I 3416 \ ^, //./1, PROJECT TITLE: VIA LIDOVIAL- -IDD IVI�B LIlO 1qA LI s• ZINQUE NEWPORT L J L RESTAURANT aMBLIaS ANa RK OF YAFMORAPREARiNa HEREIN OBE VEP E OTI). O UNPUdIANEO WORK B 96 w a mf ANN NAY NOT iE ktCflMEO,USE➢OR OISCLOSEa N'RHOUf wRarcr!CONSENT OF OIE AACHEECF 3446 VIA OPPORTO NEWPORT BEACH, CA 92663, USA — — — — — PROTECT N0. 12063 SUITE 101 &104 DATE October 01, 2015 —�� DRAWING TITLE PROD. #00234C MASTER PHASING PLAN DRAWING TITLE: MASTER PHASING N R DRAWING NO. � a PLAN REFERENCE ONLY N MPP x � ez MASTER PHASING PLAN 14 , , Al ■ 30 SCALE: DRAWN BY: HT DATE: 12/02/15 121 PA2015-178 Attachment No. PC 12 - Project Plans 1 CUP APPLICATION EXISTING FIREi`L_AbE TO REMAIN C+- + �i L =1== == = - - - - - -- - - - - 75'-8" l 7'-5" 18'-3" 21 16'-9" 12'-6" / 2 � f I I r 03c II 103b \ I I I \ NO. DATE REVISION BY 1 ( IPLAN KEY NOTES g 4 3 I v ❑ �N) NEW EXTERIOR PATIO AREA CREATESAN ADDITIONAL 795 S .F. 4 5 ❑ I I 0 QUEUING AREA FOR TO-GO AREA. 3 44 J 3ESTROOMS 103a I KITCHEN 2 l 0 a ' 1104 I I INTERIOR TRASH COLLECTION I ❑ ' ❑ J 103 W... ... ....... 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':,;;: ::;i'. .:;;;', .':>ii:.;�::;:, I1 �:;x:�:� �� '.l-�� - W I \ These documents are Instruments of service and as such remain the 4�'�?iv�:"iY.'i''r:°E.'�:.! \ intellectual and physical property of Studio-MAI Inc.These documents LI I I � are not tobe used by the owner or others on other projects,for I a 11 documentsis contend for lhecom lotion afthis nt project others. project P P 1 Y All documents are intended as guidelines for implementation.All 5 '� I I 9 P fabricators and installers shall be Y responsible for a high et reasonable P 9 10xa L degree of accuracy and quality.Wrtten dimensions shall always take p eceden a over styled dimensions and shall be vert etl In the Feld. 6 \ _ I Any discrepancy shall be brought to the attention of Studio-MAI Inc LR /\ --- prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Studio-MAI / \ Inc. 1 7 DIN NG 33 34 51 50 SEAT COUNT 106 I ' ❑3 ❑3 I 9 BAR 17 J 31 32 1 DINING ROOM 46 9 9 29 30 5 5 I PATIO 32 I 9 1I TOTAL 95 - ,o r I G 93 I r I 27 28 5 6 101 ' AREA 92 I 11 25 26 51 BAR o II 102 GROSS AREA ( SHADED ) 2379 s. t. 12 — r ._ 1 1364 s. f. �. 23v 24 59 60 PATIO AREA 795 S. f. 9 ...... i L — J T } GO 220 S. f. 8 ._ .. .. ... 13 I Music I � 14 AMP ) 131 INTERIOR YES NO El j o 1 1 PATIO YES 0 I 1 7 7� , 1 61 : /62/' /" / i 1, PROJECT TITLE: 7 � ZINQUE NEWPORT 15 1s 19 20 s3 RESTAURANT 67 6 7 1718 21 22 3446 VIA OPPORTO NEWPORT BEACH, CA 92663, USA 66 8 0 2 4 SUITE 101 8104 44 1 PROD.#00234C ILL— DRAWING TITLE: 12'-1" 23'-8" 5'-1" PROPOSED FLOOR PLAN :)ROPOS ED OR PL N SCALE 1/4"=1'-0" A2 . 00 . . . . . . . . . . . . . . • O O O O O O SCALE: 1/4" = V-0" DRAWN BY: ES/KK (• DATE: 07/15/15 = 1 122 PA2015-178 Attachment No. PC 12 - Project Plans 1 12.02.15 CUP APPLICATION HT NO.1 DATE I REVISION BY I I I J 1 s 4 STUDIO MAI / 833 S. SPRING STREET LOS ANGELES, CA 90014 41- 6'-0" T 310 255 0982 F 310 255 0983 I studio-mai.com , These documents are instruments of service and as such remain the i PLAN KEYNOTES Intellectual and physical property of Studio-MAI Inc.Thesedocuments arom not not to additions o t used by the owner or others on other projects,,fof far his project or for ion of jett 1 QUEUING AREA FOR TO GO AREA All documents aeintended asthuidenestfor implelmentation.All hers. g j � - � fabricators and installers shall be responsible for a high yet reasonable ��3 degree of accuracy and quality.Written dimensions shall always Wks 2. TO-GO WINDOWS 34"AFF. precedence over scaled dimensions and shall be verified in the field. Any discrepancy shall be brought W the attention of Studio-MAI Inc � Q Q� prior to the commencement of work.All exceptions to the above X77 ' I 3. SIDEWALK statements are only acceptable by written agreement with Studio-MAI Ilk-A 4. STREET I 11 11t ( I _i ao 2 I ' 1 � I 1 I ' I L _ _ _ J :l.............. _ _ I I - - - - - - - - -..—..—..- - - - o I — I 3,_Oe 8,_911 — — — - -- - - - -- -- - -- - -- -- - - - -�- -- - 77777 / vv W ------J IF - - - -- ---- --- I I , i i PROJECT TITLE: ZINQUE NEWPORT RESTAURANT 3446 VIA OPPORTO ENLARGED TO GO AREA PLAN NEWPORT SUITEE110101 &&1104 ACH, CA92663, USA ASCALE: 1/2"=V-0" PROJ.#00234C DRAWING TITLE: ENLARGED FLOOR PLAN TO GO AREA A2 . 10 SCALE:1/2"= V-0" DRAWN BY: HT DATE: 12/02/15 123 PA2015-178 Attachment No. PC 12 - Project Plans 1 CUP APPLICATION 2 11.20.15 85% PLAN CHECK DOCS. GK/HT 3 01.06.16 BUILDING &SAFETY GK/HT 2 LEGEND 5 5 HIGH CAN IO P Y WALLS TO REMAIN 12 NEW NON-RATED PARTITION WALL W# WALL TYPE 1 ® DOOR&WINDOW TAG \ 4 9 e s PLAN KEY NOTES \ 5 = 1❑ (E) SIDEWALK TO REMAIN g \ 03 - 5 (E) FIREPLACE TO REMAIN \ A4:30 � O � (N) RESTAURANT SIGN (BY OTHERS) O ® (N) PARAPET NO. DATE REVISION BY 11\ 10 = A I T I C SPACE Q O REMOVE EXISTING ROOF OVERHANG \ _ AT ROOF © (N) TRELLIS = \ - U (E) ROOF = \ ® (E)WALL /Q ROOF DRAIN N 9 = ROOF DRAIN CRICKET CO 11 EPDM RUBBER ROOFING MEMBRANE T=77 I ABOVE PARAPET SUPPORT STUDIO MAI 12 (N) RETRACTABLE CANOPY BY OTHER 833 S. SPRING STREET LOS ANGELES, CA 90014 / 4 / T 310 255 0982 / 7 ATTIC SPACE O O F3102550I studio-mai.com om FLAT ROOF These documents are instruments of service and as such remain the intellectual and physical property of Studio-MAI Inc.These documents are not to be used by the owner or others on other projects,for / - additions to this project or,for the completion of this project by others. All documents are intended as guidelines for implementation.All fabricators and installers shall be responsible for a high yet reasonable degree of accuracy and quality.Written dimensions shall always take precedence over scaled dimensions and shall be verth ified in e field. Any discrepancy shall be brought to the attention of Studio-MAI Inc / prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Studio-MAI Inc. FLAT I ROOF \ - Q i - 01 _ 4.30 3.10 ) 1 1 7 BUILDING 3444 SUITE 201 11 FLAT ROOF TOP Lh LILLLELU 1 \ 6 4 1 1 / 1 1 9 \ 1 / I_ILJ_I_IC 11 1 1 1 9 10 1 / PROJECT TITLE: 11 it \ ZINQUE NEWPORT T5 RESTAURANT 4 3446 VIA O � \ SUITE 1011 & 104 & 104 NEWPORT BEACH, CA 92663, USA 5 \ PROJ.#00234C \ PROPOSED ROOF PLAN DRAWING TITLE: 0 � SCALE 1/4"=1'-0" 1 PROPOSED 1 \ ROOF PLAN 1 � 1 A2 .20 \ SCALE:1/4"= 1'-0" DRAWN BY: GK/HT DATE: 01/06/16 1 124 I 1 • dM ■� �iME! ®MEMIME ■ ■ -■ - I mRv a INaz-a�Wd VOG%-Kul m Ir,m � '�IiR�A7raG11�I1.11Lw/�H71Vllb\�11�1�7 . • -��`SL� SWM:► WHO.afto_ ■■■1��■_■! ■ ••- •_ •• • ■� —B■■ice■Til ■■i�■■■IM INE- Fill � AW- MEN —1�■ice�■� = u - MEN - iii- -■�■Ii���■ IEMMIEMM IMIN ■�� I■ ■ ■■ II ■ —■B■1SO iii■ �r ■�■e�■E■■■M —� �■■lei AN RmlIII O;p f ,.�!' 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DATE REVISION E CT-04 INTERIOR WALL-RESTROOM RESTROOM WALL TILE WIZARD HF-404 3"x 6"x GLAZED 1/2" CT-05 KITCHEN TILE COVE BASE DALTILE 0 190 GLAZED CT-06 FIREPLACE INTERIOR FIREPLACE CERAMIC TILE MISSION TILE WEST REVIVAL KIMONO-GEISHA GLAZED CT-101 FIREPLACE EXTERIOR FIREPLACE CERAMIC TILE MISSION TILE WEST REVIVAL KIMONO-GEISHA GLAZED FRP-01 BEHIND KITCHEN EQUIPMENT FIBRE-REINFORCED BY CONTRACTOR BY CONTRACTOR N/A SMOOTH WHITE PLASTIC GL-01 INTERIOR GLASS PILKINGTON OPTIWHITE LOW IRON VARIES TEMPERED GL-101 EXTERIOR GLASS PILKINGTON OPTIWHITE LOW IRON VARIES TEMPERED STUDIO MAI 833 S. SPRING STREET MT-01 BAR AREA 18 GUAGE ZINC SHEET BY CONTRACTOR BY CONTRACTOR VARIES FLAT LOS ANGELES, CA 90014 T 310 255 0982 MT-02 BAR WALL SHELVING BLACKENED STEEL BY CONTRACTOR BY CONTRACTOR VARIES FLAT F 310 255 0983 studio-mai.com MT-03 RESTROOM WALL DETAIL BLACKENED STEEL BY CONTRACTOR BY CONTRACTOR VARIES FLAT These documents are instruments of service and as such remain the MT-04 CEILING METAL MESH MCNICHOLS 1.66427e+09 VARIES MILL intellectual and physical property of Studio-MAI Inc.These document are not to be used by the owner or others on other projects,for additions to this project or,for the completion of this project by other MT-05 RESTROOM COVE BASE BLACKENED STEEL BY CONTRACTOR BY CONTRACTOR VARIES FLAT All documents are intended as guidelines for implementation.All fabricators and installers shall be responsible for a high yet reasonat MT-06 BAR &TO GO AREA COVE BASE ZINC BY CONTRACTOR BY CONTRACTOR VARIES FLAT degree of accuracy and quality.Written dimensions shall alwaystaks precedence over scaled dimensions and shall be verified in the field. Any discrepancy shall be brought to the attention of Studio-MAI Inc MT-07 BANQUETTE BLACKENED STEEL BY CONTRACTOR BY CONTRACTOR VARIES FLAT prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Studio-MA MT-101 STOREFRONT STEEL BLACKENED STEEL BY CONTRACTOR BY CONTRACTOR VARIES FLAT Inc MT-102 FENCE TWO-LAYER METAL MESH MCNICHOLS 1664272231 VARIES MILL PT-01 INTERIOR WALL-MAIN DINING, TO GO WALL PAINT DUNN-EDWARDS DET612 STIEGLITZ SILVER N/A LOW SHEEN PT-02 INTERIOR WALL-RESTROOM WALL PAINT DUNN-EDWARDS DE6373 PORPOISE N/A SEMI-GLOSS PT-03 INTERIOR WALL- MAIN DINING, WALL PAINT DUNN-EDWARDS DEW381 DROPLETS N/A LOW SHEEN BAR TO GO PT-04 KITCHEN WALL AND CEILING PAINT DUNN-EDWARDS DEW381 DROPLETS N/A SEMI-GLOSS PT-05 BATHROOM CEILING PAINT DUNN-EDWARDS DE6373 PORPOISE N/A SEMI-GLOSS PT-06 BAR,TO GO CEILING PAINT DUNN-EDWARDS DET612 STIEGLITZ SILVER N/A SEMI-GLOSS PT-101 EXTERIOR WALL PAINT DUNN-EDWARDS DEA187 BLACK N/A EXTERIOR FLAT SP-01 INTERIOR WALL-BAR CUSTOM PLASTER TEXSTON VPC-60581-100715 N/A MATTE SP-02 INTERIOR WALL CUSTOM PLASTER TEXSTON 00234-01 N/A MATTE SP-03 INTERIOR WALL CUSTOM PLASTER TEXSTON 00234-02 N/A MATTE SP-04 INTERIOR WALL CUSTOM PLASTER TEXSTON 00234-03 N/A MATTE SP-101 EXTERIOR WALL STUCCO MERLEX P-1963 N/A SBF WC-01 CEILING WITH MESH COMPRESSED HOMASOTE BY CONTRACTOR VARIES MATTE FIBERBOARD WD-01 INTERIOR WALL- MAIN DINING CHARRED CYPRESS DELTA MILLWORKS BURNED AND BRUSHED 5"X 3/4" CLEAR WD-02 INTERIOR MILLWORK- BAR RECLAIMED ASH LONGLEAF LUMBER RECLAIMED ASH VARIES SAND-BLASTED AND SEALED WD-03 CEILING WOOD EXISTING N/A VARIES MATTE WD-04 INTERIOR MILLWORK- RECLAIMED ASH LONGLEAF LUMBER RECLAIMED ASH VARIES SAND-BLASTED SHELVING AND SEALED WD-05 INTERIOR MILLWORK- RECLAIMED ASH LONGLEAF LUMBER RECLAIMED ASH VARIES SAND-BLASTED FIREPLACE AND SEALED WD-06 INTERIOR MILLWORK- CHARRED CEDAR BLOCK NORTH CAL WOOD BY CONTRACTOR VARIES BY FIREPLACE PRODUCTS CONTRACTOR WD-101 EXTERIOR TRELLIS RECLAIMED DOUGLAS FIR NORTH CAL WOOD BY CONTRACTOR 4"X4", CONVERSION PRODUCTS 2"X4" VARNISH WD-102 INTERIOR WALL- MAIN DINING CHARRED CYPRESS DELTA MILLWORKS BURNED AND BRUSHED 5"X 3/4" CLEAR WD-103 STOREFRONT BOARD & BATTEN TO MATCH EXISTING TO MATCH EXISTING VARIES TO MATCH EXISTING ZINQUE NEWPORT HEALTH SCHEDULE ROOM FLOOR BASE WALL CEILING REMARKS Li 0 0 0 N J < < PROJECT TITLE: LL LL LL J J F- F- w w cc w w a z ZINQUE NEWPORT N m m a a o ~ ~ ~ ~ D Q RESTAURANT W a a a u 0 z z z a O O O w O O w Un Z_ Z_ Z_ Z a a a a 0 as as Q lei 0 0 0 0 J O O °� z O a a a a a 3446 VIA OPORTO w w w O a a IL > � a a a a O O O O g C7 Z C K K U Z Z Z J W W N N m S W a a a a V/ t; In VI = W -r J a a a W � `.`. '^ u u u u u u w u SUITE 101 & 104 v o ry m N u M NEWPORT BEACH, CA 92663, USA 0 N 0 0 O O 0 0 O O O 0 N M 0 0 N 0 0 O O V Ln lD O O O O O O O li O O O O O O O O UU LL ~ ~ C ~ ~ ~ r r r d d un ti ~ ~ U u u �i 2 2 G G W 2 2 a a a a N Zn to vt � � a a ~ PROJ.#00234C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DRAWING TITLE: MAIN DINING 1 12 14 16 17 18 19 20 BAR 1 6 9 10 12 14 21 24 25 FINIS H TOGO 1 6 9 12 14 17 18 19 21 22 25 SCHEDULE KITCHEN 2 4 9 15 22 RESTROOMS 3 S 7 8 11 13 23 A3 . 00 SCALE:3/8"= V-0" DRAWN BY: GK/I DATE: 01/06/16 120 PA2015-178 Attachment No. PC 12 - Project Plans 1 CUP APPLICATION 2 11.20.15 85% PLAN CHECK DOCS. GK/HT 3 01.06.16 BUILDING&SAFETY GK/HT ELEV.+21'-6" MAXIMUM HEIGHT WD-102 OL 4 I ELEV.±15'-11" UPPER PARAPET HEIGHT 4 ELEV.±14'-91/2" LOWER PARAPET HEIGHT NO., DATE REVISION BY GENERAL NOTES 1. REFER TO ID1.10 FOR FINISH SCHEDULE KEYNOTES 1. (N) WOOD TRELLIS f 2. (E) FIREPLACE CHIMNEY TO BE TILED STUDIO MAI 833 S. SPRING STREET 3. CHIMNEY TO BE EXTENDED BEYOND N PARAPET LOS ANGELES, CA 90014 T 310 255 0982 4. (E) BUILDING BEYOND F 310 255 0983 studio-mai.com ma oa 5. (N) PARAPET These documents are instruments of service and as such remain the Intellectual and physical property of Studio-MAI Inc.These documents are not to be used by the owner or others on other projects,for 6. (N) WOOD TERRACE JOISTS additions to this project or,for the completion of this project by others. All documents are intended as guidelines for implementation.All fabricators and installers shall be responsible for a high yet reasonable 7. (E) WOOD POSTS degree of accuracy and quality.Written dimensions shall always take precedence over scaled dimensions and shall be verified in the field. Any discrepancy shall be brought to the attention of Studic-MA)Inc 8. (N) RETRACTABLE CANOPY prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Sfudio-MAI Inc. h ELEV.±O'-0" 1 IF= 9. (N) CANOPY GUTTERS ELEVATION LANDING 10. (N) CANOPY TRACKS MT-101 GL-101 SP-101 11 4"X10" STL. CANOPY SUPPORTS NORTH ELEVATION 12. (E) ROOF TO REMAIN 13. POTTED GINKO BILOBA"MAIDENHAIR TREE", 5 GAL. 1 REQ'D. ELEV.+21'-6" MAXIMUM HEIGHT WD-102 WD-101 4 3 OIL ELEV.±15'-11" PT-101 UPPER PARAPET HEIGHT CT-101 i 12 5 03 04 03 A4.60 10 A. 8 A4.60 10 8 A4.60 10 01 04 11 2 9 6 11 9 9 11 ELEV.±9'-5" BOTTOM OF JOISTS AND TRELLIS 6 LT-101 LT-101 LT-101 LT-101 I Ili II 6 6 g Xl/ ELI ji l PROJECT TITLE: ZINQUE NEWPORT y I' RESTAURANT ELEV.±0' -0" Lo �:Z/ -----------------JL 3446 VIA OPORTO ELEVATION LANDING SUITE 101 & 104 3 3MillNEWPORT BEACH, CA 92663, USA PROJ.#00234C EAST ELEVATION MT-101 GL-101 MT-101 GL-101 MT-101 GL-101 DRAWING TITLE: EXTERIOR ELEVATIONS EXTERIOR SECTION O SCALE 3/8"=1'-0" A3m10 SCALE:3/8" = V-0" DRAWN BY: GK/HT DATE: 01/06/16 227 PA2015-178 Attachment No. PC 12 - Project Plans 1 CUP APPLICATION 2 11.20.15 85% PLAN CHECK DOCS. GK/HT 3 01.06.16 BUILDING&SAFETY GK/HT ELEV.±21'-6" MAXIMUM HEIGHT WD-102 CT-101 ELEV.±15'-01/8" WOOD CLADDING HEIGHT 5 0' ...... A440 NO. DATE REVISION BY I WD-101 1 STUDIO MAI 833 S. SPRING STREET LOS ANGELES, CA 90014 T 310 255 0982 F 310 255 0983 studio-mai.com as j These documents are instruments of service and as such remain the Intellectual and physical property of Studio-MAI Inc.These documents are not to be used by the owner or others on other projects,for additions to this project or,for the completion of this project by others. - - • All documents are intended as guidelines for implementation.All - fabricators and installers shall be responsible for a high yet reasonable • degree of accuracy and quality.Written dimensions shell always lake precedence over scaled dimensions and shall be verified in the field. - Any discrepancy shall be brought to the attention of Studio-MAI Inc prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Studlo-MAI Inc. OL ELEV.±0'-0" ELEVATION LANDING 2 SOUTH ELEVATION GENERAL NOTES OL ELEV.±21'-6" 1. REFER TO ID1.10 FOR FINISH SCHEDULE MAXIMUM HEIGHT KEYNOTES #o-9 D-103 1. (N) WOOD TRELLIS BOARD AND BATTEN TO REMAIN,INFILL 2. (E) FIREPLACE CHIMNEY TO BE TILED DEMO AREA WITH MATCHING MATERIAL 3. CHIMNEY TO BE EXTENDED BEYOND N PARAPET 4. (E) BUILDING BEYOND 5. (N) PARAPET OL ELEV. ±14'-11" FRONT FACADE HEIGHT SP-101 16,-6" k LT-101 0 PROJECT TITLE: ZINQUE NEWPORT - T RESTAURANT OL ELEV.±0'-0" - 3446 VIA OPORTO ELEVATION LANDING SUITE 101 & 104 NEWPORT BEACH, CA 92663, USA PROJ.#00234C 02 WEST ELEVATION MT-101 GL-101 A4.40 MT-101 DRAWING TITLE: EXTERIOR ELEVATIONS EXTERIOR ELEVATIONS 01 SCALE 3/8"=1'-0" A3 . 20 SCALE:3/8"= V-0" DRAWN BY: GK/HT DATE: 01/06/16 122 PA2015-178 Attachment No. PC 12 - Project Plans 1 CUP APPLICATION 2 11.20.15 85% PLAN CHECK DOCS. GK/HT 3 01.06.16 BUILDING &SAFETY GK/HT NO.1 DATE I REVISION BY Ot ELEV.+21'-6" MAXIMUM HEIGHT . .. . . .. . : .. .. .. SPRING STREET LOS ANGELES, . .. . 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These documents are instruments of service and as such remain the intellectual andh sical property of Studio-MAI Inc.These documents P Y P P Y are not to be used b the owner or others on other projects,for Y P 1 additions to this project or,for the completion of this project b others. 3 P 1 P P I Y All documents are intended as guidelines for implementation.All ELEV._15 -1 1" 9 P / fabricators and installers shall be responsible for a high et reasonable Y P 9 UPPER PARAPET HEIGHT tle ree of acture and quality. dimensions shall always take 9 Y 9 Y Y precedence over scaled dimensions and shall be verified in the field. CT-101 Any discrepancy shall be brought to the attention of Studio-MAI Inc Pa Y 9 ......................................................... ritem the commencement of work.All exceptions to the above ........ ........... ....................................... .... .. ........ ............ PP statements are onl acceptable b written agreement with Studio-MAl ............ . ........ Inc. 1211 1 5 9 .. 10 .. , Nk 1 1 ELEV.±9'-5.. — BOTTOM OF JOISTS AND TRELLIS 11 IIIIIIHI Jil I . ` $ 94-1 81 4. e F1 . 9 5 EAST ELEVATION MT-102 MT-102 MT-101 MT-102 GENERAL NOTES EXTERIOR ELEVATION WITH ALCOHOL BARRIER O � 1. REFER TO ID1.10 FOR FINISH SCHEDULE SCALE 3/8"-1'-0" KEYNOTES 1. (N) WOOD TRELLIS 2. (E) FIREPLACE CHIMNEY TO BE TILED 3. CHIMNEY TO BE EXTENDED BEYOND N PARAPET 4. (E) BUILDING BEYOND PROJECT TITLE: 5. (N) PARAPET ZINQUE NEWPORT 6. (N) WOOD TERRACE JOISTS RESTAURANT 7. (E) WOOD POSTS 3446 VIA OPORTO 8. 42"ALCOHOL BARRIER SUITE 101 & 104 NEWPORT BEACH, CA 92663, USA 9. FLASHING AT CANOPY PERIMETER PROJ.#00234C 10. CLOTH RETRACTABLE CANOPY BEYOND DRAWING TITLE: 11. GUTTER FOR RETRACTABLE CANOPY EXTERIOR 12. (E) ROOF TO REMAIN ELEVATIONS A3 . 30 SCALE: 3/8" = V-0" DRAWN BY: GK/HT DATE: 01/06/16 ��9 PA2015-178 Attachment No. PC 12 - Project Plans 1 CUP APPLICATION 2 11.20.15 85% PLAN CHECK DOCS. GK/HT 3 01.06.16 BUILDING&SAFETY GK/HT R Y' •MN.f AbW'AA A'M - Ttl.p N. N1b dR NO. DATE IREVISION BY s- W II ,Y rN Il' i Y r 1 I - - _ -- — Ir - STUDIO MAI 833 S. SPRING STREET `T LOS ANGELES, CA 90014 T 310 255 0982 F 310 255 0983 studio-mai.com These documents are instruments of service and as such remain the Intellectual and physical property of Studio-MAI Inc.These documents are not to be used by the owner or others on other projects,far additions to this project or,for the completion of this project by others. All documents are intended as guidelines for implementation.All fabricators and installers shall be responsible for a high yet reasonable degree of accuracy and quality.Written dimensions shall always Wks precedence over scaled dimensions and shall be verified in the field. Any discrepancy shall be brought W the attention of Studic-MAI Inc Prior to the commencement of work.All exceptions to the above statements are only acceptable by written agreement with Studio-MAI Inc. 01 VIEW FROM WATERFRONT Air 0or dor - 9 T I _ J AW " PROJECT TITLE: - - ZINQUE NEWPORT RESTAURANT 3446 VIA OPORTO SUITE 101 & 104 NEWPORT BEACH, CA 92663, USA �.� PROJ.#00234C DRAWING TITLE: EXTERIOR IMAGES A 4. 00 02 VIEW FROM VIA OPORTO SCALE: DRAWN BY: GK/HT DATE: 01/06/16 130 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) » y \ P Ory P t� v�,,,, •n 3 s e ���,. \ EW Pp Planning Commission Public ' . •January 21, 2oi6 UP2 U � 1 • • (PA2014-178) P qG/FO RN\ Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Introduction Project Location 3440, 3442 and 3446 Via Oporto Lido Marina Village Conditional Use Permit No . UP2015 -042 Food Service, Eating and Drinking Establishment Late Hours Type 41(On Sale Beer and Wine) Alcohol License Outdoor Dining Patio To-go area and take-out window 07/13/2012 Community Development Department - Planning Division 2 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Vicinity Map AA6Op ,SAA1 3 07/13/2012 Community Development Department - Planning Division 3 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Backgrounda 'n a.C'dt/FORNP 1947- commercial building constructed ■ 1972- UP1636 authorizes a 5-story parking garage in Lido Marina Village ■ 1981 -UP202o allows Le Bistro at 3446 Via Oporto a full - service restaurant with beer and wine and retail 1983- UP202o amended decreases retail area to add to dining area and add live entertainment 1997- PDUP No . UPD013 and Outdoor Dining Permit No . OD0043 to convert coffee shop into Le Bistro Cafe-Two with beer and wine and outdoor dining at 3442 Via Oporto 07/13/2012 Community Development Department - Planning Division 4 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Site • • • r ' y — a n I 1� y i 07/13/2012 Community Development Department - Planning Division 5 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) • • • • • • r 07/13/2012 Community Development Department- Planning Division 6 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Waterfront View ep r. .A i 9 , 07/13/2012 Community Development Department- Planning Division 7 Floor Plan IIIN mmI l S- GI �� Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Enlarged • • • Area Plan i ------------ Oma Z b x I _ I e i 1 I ' b I i-- � • I ----` 1 I I i 07/13/zolz 9 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) rW PG. Project Details • • 1 1 , (PA2015-178) Alcohol - Type 41 (On Sale Beer and Wine) license Public - , 1 ,364 square feet (63 seats) Outdoor Dinin . 795 square feet (32 seats) • • • . - • 6:3o a .m. to 12:00 midnight, Monday through Thursday* 6:3o a.m. to l:oo a. m., Friday through Sunday* 6:3o a.m. to Z2:00 midnight, daily*, outdoor dining 6:oo a.m. to io:oo p.m., Monday through Thursday, to-go area 6:oo a.m. to 10:30 p.m., Friday through Sunday, to- go area Live Entertainment None *Doors shall be closed to new customers one hour prior to the closing hour and last call for service of alcohol shall be one half hour prior to the closing hour. 10 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Parking Parking Management Program approved in 2014 for Lido Marina Village . Development may be occupied up to an occupancy threshold where a new parking study will be prepared based on real -time occupancy of the development . Restaurant does not trigger the occupancy threshold and sufficient parking is available for this use in Lido Marina Village . 07/13/2012 Community Development Department - Planning Division 11 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Parking Demand Analysis -- _ - 1316 sf rumew _ 1,. •••�••�•,v 1 1197 sf X542 sf 216 sf, 228 sf f 2 s 756 sf 1 762s1 , - 865 sfj I8255f ' 7018 7996 s.f. 0. 2310 s L -� _` i. O :` 1137 5f _1147 5f iq/p>d• $4 5f� 5 109f r IO A� r- o, LUD[;F 2244 f /�. ,�� LT 919f� 155 - , y< 620 sf' 626 sf' -- � 1532 sf - �.�: 1541 a VIA OPOR70 34311MOPWO 1 34211M MOM � r• e L ...--Ips-- CD ;825 sf 2$8sfi/ r 19 ` SITE SUMMARY f JOE , GROSS BUILDING AREA u vC GS.1R ^ RETAIL 28.676 aF Q � �w FOOD SERVICE 22,911 sf 2575 stvy, 0 RESTAURANT PATIO 5,463 sf \ 28925f svNmo� F7 OFFICE 30,217 sf NAIL SALON 1467 sf Ps s / 765 sf \ STN 8 FITNESS 12 072 of TAKE OUT F&B 3,530 sf L MARKET 12,071 sf 3434 - (BUILDING FOOD SERVEVIISI NS 1,085 sf r� TOTAL BUILDING 112,029>d su4VIAW / Inc l iz Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) CEQA Review a .Sdt/FORN�P The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class i. ( Existing Facilities) . ■ The proposed project involves tenant improvements of an existing building to accommodate a new eating and drinking establishment, which is within the thresholds identified in CEQA Guidelines Section 15301. 05/21/2015 Community Development Department - Planning Division 13 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Next Steps i a a.C'dt/FORNP ■ CUP will supersede Use Permit No . UP202o and Amendment Use Permit No . UP2020, Planning Director's Use Permit No . PDUP013 and Outdoor Dining Permit No . OD0043 If CUP is approved, Operator License is scheduled for review on or after Monday, February 8, 2o16 . 05/21/2015 Community Development Department - Planning Division sq I • / / � I I I • 1 I ll� a ti 4 I 46 I _ For more information contact: IF Melinda Whelan, Assistant Planner 949-644-3221 mwhelan@a newportbeachca.gov www.newportbeachca.gov Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) LMV Summary of Restaurants Code Restaurant Required Address Tenant Code Parking Rate Parking GFA NPA Patio Use Permit Operational Notes UP2015-040 Type 47, Late Hours, Live 1/40 sq ft NPA+ (PA2015- Entertainment, Outdoor Dining 3450 Via Oporto Nobu (Patio-25%NPA)/40 18812,603 5,1501 3,656167) Patio UP2015-042 3440,3442 and 3446 1/40 sq ft NPA+ (PA2015- Type 41, Late Hours, Via Oporto Zinque (Patio-25%NPA)/40 46 2,379 1,364 795178) Outdoor Dining Patio UP2015-045 Juice Served 1/50 sq ft NPA+ (PA2015- No Alcohol, No late Hours, 3418 Via Lido Here (Patio-25%NPA)/50 13 1,0131 514 250203) Outdoor Dining Patio LMV TOTAL Current TOTAL 24715,995 7,028 4,701 Max. to Trigger LMV TOTAL Parking Study 33817,904 10,501 5,463 SQ FT LMV REMAINING 91 1,9091 3,473 762 07/13/2012 16 Planning Commission - January 21 , 2016 Item No. 5a: Additional Materials Presented at Meeting 78) Vicinity Map M a , r t 4 t f +rt x ••�;��i ;iii ` t NY