HomeMy WebLinkAbout02_Rye Goods Bakery and Deli Minor Use Permit_PA2021-063CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 27, 2021
Agenda Item No. 2
SUBJECT: Rye Goods Bakery and Deli (PA2021-063)
▪Minor Use Permit No. UP2021-012
SITE LOCATION: 3418 Via Lido
APPLICANT: Rye, LLC
OWNER: DJM Arc Lido, LLC
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: MU-W2 (Mixed Use Water 2)
•Zoning District: MU-W2 (Mixed-Use Water)
•Coastal Land Use Plan Category: MU-W (Mixed Use Water Related)
•Coastal Zoning District: MU-W2 (Mixed-Use Water)
PROJECT SUMMARY
A minor use permit to allow an existing food service, eating and drinking establishment
(Rye Goods Bakery and Deli) to add a Type 41 Alcoholic Beverage Control License (On-
Sale Beer and Wine) and a Type 20 (Off Sale Beer and Wine) Alcoholic Beverage
License. The request does not include any physical changes to the existing
establishment. The existing establishment is 1,013 square feet including a 514-square-
foot interior net public area and a 250-square-foot outdoor dining patio area. The hours
of operation will remain 7:00 a.m. to 10:00 p.m., daily. This Minor Use Permit will
supersede Use Permit No. UP2015-045 (PA2015-203).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2021-012 (Attachment No. ZA 1).
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DISCUSSION
• The subject property is located on the northerly side of Via Lido within Lido Marina
Village on the Balboa Peninsula. Surrounding uses include retail, office, and eating
and drinking establishments. A five-story public parking structure serving Lido
Marina Village is located to the north.
• The existing food service, eating and drinking establishment operates under Minor
Use Permit No. UP2015-045 (PA2015-203) with a 514-square-foot interior net
public area and a 250-square-foot outdoor patio. There is an existing common
trash area within the parking structure. The existing hours of operation are 7:00
a.m. to 10:00 p.m., daily.
• The proposal includes adding a Type 41 Alcoholic Beverage Control (ABC)
License (On-Sale Beer and Wine) and a Type 20 (Off Sale Beer and Wine) ABC
License. There are no other changes proposed. The existing Use Permit No.
UP2015-045 will be superseded; however, the existing conditions of approval will
be carried over into the new use permit along with new conditions for the alcohol
service.
• The property is designated by the Zoning Code and the Local Coastal
Implementation Plan as Mixed-Use Water (MU-W2), which applies to areas where
it is the intent for 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 full service, eating and drinking
establishment with alcohol service and no late hours requires a new minor use
permit pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements). The property
is located approximately 370 feet from a residential zoning district.
• The property is designated Mixed-Use Water 2 (MU-W2) by the Land Use Element
in the General Plan and Mixed-Use Water Related (MU-W) in the Coastal Land
Use Plan. These 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. The eating and
drinking establishment with the proposed addition of the alcohol service remains a
commercial use intended to serve the neighborhood, surrounding community, and
visitors to the City of Newport Beach. Therefore, it is consistent with these land
use and coastal land use categories.
• Conditional Use Permit No. UP2014-014 (PA2014-002) approved the Lido Marina
Village Parking Management Plan and established a maximum square footage
limit on food service, eating and drinking uses within Lido Marina Village to ensure
the adequacy of parking resources. Conditional Use Permit No. UP2017-019
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(PA2017-135) authorized changes to the Parking Management Plan (and
superseded the prior Use Permit), including additional off-site patron parking and
changes to the off-site employee parking shuttle service. The approved Parking
Management Plan requires off-site parking with shuttle service during peak
occupancy periods from 4:00 p.m. through 10:00 p.m., Friday and Saturday, and
during other periods that generate parking demands where occupancy within the
parking structure is expected to exceed 85 percent. Off-site valet service is also
available for customers at 3700 Newport Boulevard after 7:00 p.m. Therefore,
sufficient parking is provided with the implementation of the Parking Management
Plan approved with UP2014-014 and amended under UP2017-019, provided the
maximum square footage limit on food service uses is not exceeded. In this case,
Rye Goods Bakery and Deli operates under existing Use Permit No. UP2015-045
and the existing floor area is already accounted for within the food service limit of
the Parking Management Plan with no increase in floor area proposed. The
proposed addition of alcohol service does not change the parking requirements.
•The project is exempt from the requirements of a Coastal Development Permit
(CDP) as no additional parking is required, and the proposed alcohol sales is
intended as a convenience for the food service establishment that already exists
within the building. The ABC licenses will add a service to the existing menu for
on-site and take-out orders and does not modify or increase the operational
capacity of the establishment. Therefore, the proposed changes are not
considered an intensification of use.
•The Police Department has reviewed the proposed application and has no
objections to the request. The Police Department memorandum, crime and
alcohol-related statistics, and reporting district map are included as Attachment
No. ZA 3.
•The minimum required ABC stanchion rope barrier will be provided between the
outdoor dining area and any public areas.
•Staff believes allowing the service of alcohol is compatible with existing and
allowed uses within the area. Existing uses in the mixed-use neighborhood reflect
the type of restaurants, retail and service uses allowed by the regulations for the
Zoning District and are typically expected by residents and the visitors of similar
mixed-use and commercial areas.
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Section 15301 under Class 1 (Existing
Facilities). The proposed project involves no physical improvements with no expansion in
floor area or change in parking requirements.
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 PD Memo and Statistics
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
USE PERMIT NO. UP2021-012 TO ADD A TYPE 41 ALCOHOLIC
BEVERAGE CONTROL LICENSE (ON-SALE BEER AND WINE)
AND A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC
BEVERAGE CONTROL LICENSE TO AN EXISTING FOOD
SERVICE EATING AND DRINKING ESTABLISHMENT (RYE
GOODS BAKERY AND DELI) LOCATED AT 3418 VIA LIDO
(PA2021-063)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Rye, llc. with respect to property located at 3418 Via Lido, and
legally described as Lot 6 in Tract 1235 requesting approval of a minor use permit.
2.The applicant proposes to allow an existing food service, eating and drinking establishment
(Rye Goods Bakery and Deli) to add a Type 41 Alcoholic Beverage Control (ABC) License
(On-Sale Beer and Wine) and a Type 20 (Off Sale Beer and Wine) ABC License. The
request does not include any physical changes to the existing establishment. The hours of
operation will remain 7:00 a.m. to 10:00 p.m., daily. This Minor Use Permit will supersede
Minor Use Permit No. UP2015-045 (PA2015-203).
3.The subject property is designated Mixed Use Water 2 (MU-W2) by the General Plan Land
Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed Use Water Related (MU-W) and it is located within the Mixed-Use Water
(MU-W2) Coastal Zone District. The project is exempt from the requirements of a Coastal
Development Permit (CDP) as no additional parking is required, and the proposed alcohol
sales is intended as a convenience for the food service establishment that already exists
within the building. The ABC licenses will add a service to the existing menu for on-site
and take-out orders and does not modify or increase the operational capacity of the
establishment. Therefore, the proposed changes are not considered an intensification of
use.
5.A public hearing was held online on May 27, 2021, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the Zoning Administrator at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2.The proposed project involves no physical improvements with no expansion in floor area
or change in parking requirements.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code
(NBMC), the following findings and facts in support of the findings for a use permit are set forth:
Finding
A.The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the
Zoning Code, the following criteria must be considered:
i.The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1.The crime rate in the subject reporting district (RD 15) as well as two (2) of the
three (3) adjacent RDs (Reporting Districts) are over the City average. RD 15
contains the large commercial shopping center known as The Landing at 32nd
Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The
purpose of the Zoning of these beach areas is to provide various commercial and
retail uses to support the surrounding residential area as well as the surrounding
tourist destinations. Therefore, these beach areas with a higher concentration of
commercial land uses tend to have a higher crime rate than adjacent RDs.
ii.The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1.Due to the high concentration of commercial land uses, the calls for service and
number of arrests are greater than adjacent RDs. Additionally, this is the beach
area that is considered one of the most significant tourist areas of the City.
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iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. 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.
2. The nearest place of recreation, the beach, is located approximately one half
(0.5) mile to the west. The nearest church, St. James Episcopal Church, is
located approximately 800 feet to the south of the Property along Via Lido, and
substantially separated from the Property by commercial properties and the Lido
Villas development. The nearest school, Newport Elementary School, is located
approximately one (1) mile to the southeast along West Balboa Boulevard. The
Property is not located in close proximity to a daycare center. The Project is
otherwise surrounded by other commercial retail and office uses.
3. 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
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. The Lido Marina Village was designed to accommodate multiple restaurants
therefore the existing Rye Goods Bakery and Deli is located in close proximity to
other food service establishments. This includes Nobu, a food service with late
hours, outdoor dining, and a Type 47 (On Sale General) ABC license located at
3450 Via Oporto; Zinque, a food service with late hours, outdoor dining and a
Type 41 (On Sale Beer and Wine); Circle Hook, a food service with outdoor
dining, a Type 41 (On Sale Beer and Wine) ABC license and no late hours located
at 3432 Via Oporto; and Lido Bottle Works, a food service with late hours, outdoor
dinner, a Type 41 ABC license, and a Type 20 (Off Sale Beer and Wine) ABC
license. The RD 15 statistics indicate an overconcentration of ABC licenses within
this statistical area.
2. The per capita ratio of on-sale retail is one (1) license for every 69 residents and is
higher than the adjacent districts and the average ratio for Orange County. The per
capita ratio of off-sale retail is one (1) license for every 572 residents and 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
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area, together with the proposed operational characteristics would make the service
of alcoholic beverages appropriate. The Police Department does not anticipate any
increase in crime or alcohol-related incidents with the approval of this application
subject to the proposed conditions of approval.
3.Due to the type and operation of the restaurant which is conditioned to close at
10:00 p.m. with limited net public areas, and the incorporation of additional
conditions to prevent the restaurant from operating as a bar or lounge, the
proximity to other establishments does not appear to create foreseeable concern.
v.Whether or not the proposed amendment will resolve any current objectionable
conditions
1.The existing commercial building has been occupied by a food service, eating,
and drinking establishment since 2016. No objectionable conditions are presently
occurring at the restaurant site.
2.The Project has been reviewed and conditioned to help ensure that the purpose
and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for residents and businesses is preserved. The
service of alcohol is intended for the convenience of customers dining at the
establishment. The off-sale of alcohol is intended for the convenience of the to-
go goods that are often purchased. Operational conditions of approval
recommended by the Police Department relative to the sale of alcoholic
beverages will ensure compatibility with the surrounding uses and minimize
alcohol-related impacts. All employees serving alcohol will be required to
complete a certified training program in responsible methods and skills for selling
alcoholic beverages, as required by the State of California.
3.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. The resolution includes conditions of approval to limit objectionable
conditions related to noise and trash from the establishment.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a minor use permit
are set forth:
Finding
B.The use is consistent with the General Plan and any applicable specific plan;
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Facts in Support of Finding
1. The General Plan designates the site as Mixed-Use Water 2 (MU-W2) which applies
to areas where it is the intent to establish waterfront locations in which marine-related
uses are intermixed with commercial service use and residential.
2. The proposed alcohol services are consistent with the MU-W2 designation as it is
intended to serve nearby residents, the surrounding community, and visitors to the
City of Newport Beach.
3. Several mixed-use structures including visitor serving commercial such as eating
and drinking establishments with alcohol service uses exist nearby and are
complementary to the surrounding commercial and residential uses.
4. The subject property is not part of a specific plan area.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding
1. The property is designated by the Zoning Code as Mixed-Use Water (MU-W2), which
applies to areas where it is the intent for 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 addition of alcohol
service to the existing food service establishment requires a minor use permit
pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020 (Mixed-
Use Zoning Districts Land Uses and Permit Requirements). The property is located
approximately 370 feet from a residential zoning district.
2. The existing food service establishment operates under existing Use Permit No.
UP2015-045 (PA2015-203). There are conditions limiting the net public area of the
existing interior (514 square feet) and outdoor dining area (250 square feet), as well
as the hours of operation (7:00 a.m. to 10:00 p.m., daily). These conditions will
remain with the new use permit and the net public areas and hours of operation will
remain unchanged.
3. Conditional Use Permit No. UP2014-014 (PA2014-002) approved the Lido Marina
Village Parking Management Plan and established a maximum square footage limit
on food service, eating and drinking uses within Lido Marina Village to ensure the
adequacy of parking resources. Conditional Use Permit No. UP2017-019 (PA2017-
135) authorized changes to the Parking Management Plan (and superseded the prior
Use Permit), including additional off-site patron parking and changes to the off-site
employee parking shuttle service. The approved Parking Management Plan requires
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off-site parking with shuttle service during peak occupancy periods from 4:00 p.m.
through 10:00 p.m., Friday and Saturday, and during other periods that generate
parking demands where occupancy within the parking structure is expected to
exceed 85 percent. Off-site valet service is also available for customers at 3700
Newport Boulevard after 7:00 p.m. Therefore, sufficient parking is provided with the
implementation of the Parking Management Plan approved with UP2014-014 and
amended under UP2017-019, provided the maximum square footage limit on food
service uses is not exceeded. In this case, Rye Goods Bakery and Deli operates
under existing Use Permit No. UP2015-045 and the existing floor area is already
accounted for within the food service limit of the Parking Management Plan with no
increase in floor area proposed. The proposed addition of alcohol service does not
change the parking requirements.
4. As conditioned, the proposed project will comply with Zoning Code standards for
eating and drinking establishments.
Finding
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding
1. The existing establishment consists of 514 square feet of interior net public area, a
250-square-foot outdoor dining area, kitchen facilities, indoor storage and washing
areas, a restroom, dedicated wash down area that will drain directly into the sewer
system, and a covered trash enclosure with gate. No physical changes are proposed.
2. The hours operation of the existing food service will remain restricted to the hours
between 7:00 a.m. and 10:00 p.m., daily. These hours are consistent with the business
hours of other restaurants and uses in the commercial area.
3. 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 Parking
Management Plan approved by Use Permit Nos. UP2014-014 (PA2014-002) and
UP2017-019 (PA2017-135).
4. The surrounding area contains various, retail and visitor serving commercial uses
including restaurants with alcohol service. Adding the alcohol service to the existing
food service is compatible with the existing and permitted uses within the area.
5. The operational conditions of approval relative to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
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impacts. The project has been conditioned to ensure that the business remains a
restaurant and does not become a bar or tavern. Additionally, dancing or live
entertainment is not permitted.
6.The existing common trash storage area located approximately 150 feet to the west is
adequate to accommodate the proposed food service use and is conveniently located
where materials can be deposited and collected, and does not impede with parking.
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; and
Facts in Support of Finding
1.The existing food service establishment provides adequate public and emergency
vehicle access, public services, and utilities.
2.The site is accessible from both Via Lido and a private alley at the rear.
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, and safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1.The project has been reviewed and includes conditions of approval 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 for the existing food service establishment. The operator is required
to take reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance in parking areas, sidewalks and areas surrounding the subject
property and adjacent properties during business hours, if directly related to the patrons
of the establishment.
2.The food service, eating and drinking establishment serves the surrounding
community in a commercial area designed for such uses. The additional service of
alcohol is provided as a public convenience and is not uncommon in establishments
of this type. Additionally, the service of alcohol will provide an economic opportunity
for the property owner to maintain a successful business that is compatible with the
surrounding community.
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3.All owners, managers, and employees selling or serving alcohol will be required to
complete a Responsible Beverage Service Certification Program.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2021-012 subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
4.This resolution supersedes Zoning Administrator Resolution No. ZA2016-005, which
upon vesting of the rights authorized by this Minor Use Permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF MAY, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
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.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3.The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4.This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
5.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new minor use permit.
6.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.
7.The hours of operation shall be limited between 7:00 a.m. and 10:00 p.m., daily.
8.The “net public area” of the establishment shall not exceed 514 square feet for the
interior of the subject facility.
9.The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining patio shall be limited to 250 square feet in area.
10.Fences, walls, or similar barriers shall serve only to define the outdoor dining area, shall
meet the minimum requirements required by the Alcoholic Beverage Control License,
and shall not constitute a permanent all-weather enclosure. The barrier shall match the
approved use permit plan, shall be in-line with the existing outdoor dining area and shall
not obstruct the adjacent public walkway.
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11. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 of the Newport Beach
Municipal Code.
12. All lighting shall conform with the standards of NBMC 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.
13. 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. The 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. The maximum noise shall be
limited to no more than depicted below for the specified time periods unless the ambient
noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
14. 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.
Noise-generating construction activities are not allowed on Saturdays, Sundays and
Holidays.
15. 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.
16. No outside paging system shall be utilized in conjunction with this establishment.
17. All trash shall be stored within the existing common trash enclosure 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.
18. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
19. 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.
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20. 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).
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
22. Storage outside of the building, in the front or at the rear of the property, shall be
prohibited, with the exception of the required trash container enclosure.
23. 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.
24. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
25. 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 Rye Goods Bakery and Deli including, but not limited to, Minor Use Permit No.
UP2021-012 (PA2021-063). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Zoning Administrator Resolution No. ZA2021-###
Page 12 of 13
01-25-19
Police Department
26. The applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
27. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s manager’s and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
29. 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.
30. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
31. There shall be no live entertainment or dancing allowed on the premises.
32. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
33. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
34. Food service from the regular menu shall be made available to patrons until closing.
35. 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.
36. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
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Zoning Administrator Resolution No. ZA2021-###
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01-25-19
37. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
38. Strict adherence to maximum occupancy limits is required.
39. The applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
40. 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.
41. 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.
42. Strict adherence to maximum occupancy limit is required.
18
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Minor Use Permit No. UP2021-012
PA2021-063
3418 Via Lido
Subject Property
20
Attachment No. ZA 3
PD Memo and Statistics
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Attachment No. ZA 4
Project Plans
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GFCIFXRange SuiteGrinderBrewerPrep SinkPrep CounterUnder CounterRefrigerator[E] Delivery Fan18"x48"18"x48"18"x48"18"x48"18"x48"18"x48"GFCI
TGFCI[E] F.D.[E]90" AFF[E]42" AFF[E] 42" AFF[N] 42" AFF[N] RANGE[N] HOOD(HT. T.B.D.)[N]CONVECTIONOVEN[E] 42" AFF(BREWER &GRINDER)[E] 42" AFF[E][E][E][E][E][E][E]42" AFF[N]UNDERCT.REF.[E]Lockers[E] 42" AFF2-Door RefrigeratorGFCI[N] WATER HEATER(HT. T.B.D.)[E] F.S.[E] EP[R] TC[E] F.S.LTT18"x48"Retail DisplaySneeze Guard[N] F.D.[N] REF.ConvectionOvenConvectionOven[N]CONVECTIONOVENHand SinkMixerPOS[N] MIXER[N] GREASEINTERCEPTOR[E] 42" AFF[N] 42" AFF[N] 42" AFF [N] 18" AFFGFCI[E] 42" AFFGFCI[E] 42" AFF[N] 42" AFF[N] REF.48"x30" Work Table96"x30" Work TableFXGFCIGFCIFXRange SuiteGrinderBrewerPrep SinkPrep CounterUnder CounterRefrigerator[E] Delivery Fan18"x48"18"x48"18"x48"18"x48"18"x48"18"x48"GFCI
TGFCI[E] F.D.[E]90" AFF[E]42" AFF[E] 42" AFF[N] 42" AFF[N] RANGE[N] HOOD(HT. T.B.D.)[N]CONVECTIONOVEN[E] 42" AFF(BREWER &GRINDER)[E] 42" AFF[E][E][E][E][E][E][E]42" AFF[N]UNDERCT.REF.[E]Lockers[E] 42" AFF2-Door RefrigeratorGFCI[N] WATER HEATER(HT. T.B.D.)[E] F.S.[E] EP[R] TC[E] F.S.LTT18"x48"Retail DisplaySneeze Guard[N] F.D.[N] REF.ConvectionOvenConvectionOven[N]CONVECTIONOVENHand SinkMixerPOS[N] MIXER[N] GREASEINTERCEPTOR[E] 42" AFF[N] 42" AFF[N] 42" AFF [N] 18" AFFGFCI[E] 42" AFFGFCI[E] 42" AFF[N] 42" AFF[N] REF.48"x30" Work Table96"x30" Work TableFXGFCI19RHA845.C1Rye Goods BakeryFood Retail Tenant ImprovementNewport Beach, CA 92663Michael David Robinson:C-23553C-20731John Steven Hill:Landlord Review02.07.203418 Via LidoLido Marina VillageDJM CAPITAL PARTNERS, INC.60 S. Market Street, Suite 1120San Jose, CA 95113ph: 408.271.0366fx: 408.438.3944PROPERTY MANAGEMENT:Matt SliwinskiDirector of Tenant Coordination7777 Edinger Avenue, #115Huntington Beach, CA 92647o: 714.430.8025m: 714.369.9846msliwinski@djmcapital.comOC Health & PC Submittal #102.26.20OC Health & PC Submittal #205.28.20Bulletin 105.28.201OCCUPANCY LOADCALCULATION PLANAND EGRESS PLANA-002010203050402EGRESS PLANSCALE: 1/4" =1'-0"01OCCUPANCY LOAD CALCULATION PLANSCALE: 1/4" =1'-0"CUSTOMER AREA01 422 SFSTORAGE03 135 SF[E] SINGLE USERRESTROOM05 54 SFKITCHEN02 248 SF[E] REAR PATIO06V I A L I D OSIDEWALKSIDEWALKALLEYNOT IN SCOPENOT IN SCOPEEgress Plan Key Notes[E] TACTILE EXIT SIGN DISPLAYING THE WORD "EXIT"PER IBC SECTION 1011.6.1 THROUGH 1011.6.3.SIGN DISPLAYING INTERNATIONAL SYMBOL OF ACCESSIBILITY PER IBC 1110.1[E] LED EDGE LIT EXIT SIGN; SINGLE-FACE CLEAR PANEL W/ GREEN LETTERS.PROVIDED WITH BATTERY BACK-UP TO ENSURE CONTINUED ILLUMINATIONFOR A DURATION OF NOT LESS THAN 90 MIN. IN CASE OF PRIMARYPOWER LOSS PER IBC.EGRESS PATH OF TRAVEL 36" MIN. WIDE THROUGHOUT SHOWN HATCHED.[E] SIZE 2-A PORTABLE FIRE EXTINGUISHER PER TABLE 13.6.8.2.1.1, 2012 NFPA 1Occupant Load CalculationLegendNET PUBLIC AREA[E] WALL MOUNTED EMERGENCY LIGHT TO REMAIN, U.N.O.06STORAGE03[E] SINGLE USERRESTROOM05KITCHEN02[E] REAR PATIO06V I A L I D OSIDEWALKSIDEWALKALLEYNOT IN SCOPENOT IN SCOPE0306040505030201010202250 SFKITCHEN / SERVICE COUNTERSTORAGE58'-4"54'-4"EE5 INTERIOROCCUPANTSE6 INTERIOROCCUPANTS22 TOTALEXTERIOROCCUPANTS17 TOTAL EXTERIOROCCUPANTSCUSTOMER AREA01KEY NOTES12 TOTAL INTERIOROCCUPANTSEXISTING GROSS FLOOR AREA: 961 SFEXISTING EXTERIOR PATIO AREA: 250 SFOCCUPANT LOAD CALCULATION (INTERIOR & EXTERIOR WALLSEXCLUDED) AS PER 2019 IBC, TABLE 1004.1.2:CUSTOMER AREA 422 SF 1/60 7 OCC.SINGLE-USER RESTROOM 54 SF 1/60 1 OCC.KITCHEN248 SF 1/200 3 OCC.STORAGE135 SF1/300 1 OCC.TOTAL INTERIOR OCCUPANT LOAD12 OCC.[E] OUTDOOR PATIO250 SF 1/15 18 OCC.NET PUBLIC AREA726 SFEXIT ANALYSIS:PER SECTION 1015, TABLE 1015.1, A MINIMUM OF ONE MEANS OFEGRESS IS REQUIRED WHERE OCCUPANT LOAD IS 49 MAXIMUM.NUMBER OF EXITS REQUIRED PER 2019 IBC, TABLE 1015.1:1 EXIT REQUIRED2 EXITS PROVIDEDEGRESS WIDTH PER 2019 IBC, SECTION 1005.3.2:REQUIRED: 10 OCC. X 0.2"/ OCC. = 2"PROVIDED: 6'-0" + 4'-0" = 10'-0"REQUIRED PUBLIC TOILETS ARE PROVIDED WITH PUBLIC FACILITIESLOCATED WITHIN 300 FT. REFER TO SITE PLAN A-001.SINGLE OCCUPANCY RESTROOM PROVIDED FOR EMPLOYEES.042No Seating Inside2-3 person tables*No Change To Plan from Previous TenantNet Public AreaInterior: 514 Sf MAXPatio: 25028