HomeMy WebLinkAbout02_Bayshore Cafe MUP_PA2024-0132CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 13, 2025
Agenda Item No. 2
SUBJECT: Bayshore Café Operating Hours (PA2024-0132)
Minor Use Permit
SITE LOCATION: 100 West Coast Highway, Suite 104
APPLICANT: Abolhassan Hassanzadeh
OWNER: Vbas Properties
PLANNER: Laura Rodriguez, Planning Technician
949-644-3216, lrodriguez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: General Commercial (CG)
Zoning District: Commercial General (CG)
PROJECT SUMMARY
A request for a minor use permit to increase the hours of operation by one hour for an
existing eating and drinking establishment, Bayshore Café. The current hours of operation
are 6 a.m. to 10 p.m., daily, and the proposed hours of operation are 6 a.m. to 11 p.m. daily.
No late hours (after 11 p.m.), live entertainment, or dancing are requested as a part of this
application. If approved, this amendment will supersede and Minor Use Permit No. UP2021-
036. All conditions of approval will be consolidated and incorporated into this amendment.
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 a Minor Use Permitfiled as PA2024-0132 (Attachment No. ZA 1).
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DISCUSSION
Project Setting and Background
Bayshore Café is an existing restaurant that occupies a ground floor tenant space
of the Mariner’s Pointe commercial center. The site is zoned Commercial General
(CG), which is intended to provide for a wide variety of commercial activities
oriented primarily to serve citywide or regional needs. An eating and drinking
establishment are an allowed use subject to the approval of a use permit.
The existing eating and drinking establishment was originally approved through
Minor Use Permit No. UP2015-007 by the Zoning Administrator on March 26,
2015. The approved floor plan included 16 seats within a 484-square-foot interior
dining area and 12 seats within a 121-square-foot outdoor dining area. In 2016, the
Zoning Administrator approved Minor Use Permit No. UP2016-042 to add a Type 41
(On-Sale Beer and Wine - Eating Place) ABC License to the restaurant. In 2022,
the Zoning Administrator approved Minor Use Permit No. 2021-036 which
amended and superceded Minor Use Permit No. 2016-042. The approved
amendment allowed the restaurant to upgrade its existing Type 41 (Beer and Wine
- Eating Place) Alcoholic Beverage Control (ABC) License to a Type 47 ABC
License (On-Sale General - Eating Place).
The applicant is requesting a minor use permit in order to increase Bayshore
Café’s operating hours by one hour. The current hours of operation are 6 a.m. to 10
p.m. daily, and the proposed hours of operation are 6 a.m. to 11 p.m. daily. The
restaurant would maintain its Type 47 ABC License that was previously authorized.
Previous Violations
During the initial review of the proposed application, the Code Enforcement
Division identified that the restaurant was offering hookah as part of its menu for
on-site use and has received multiple violations related to operation as a smoking
lounge. A smoking lounge was not reviewed, nor allowed, in the original use
permit. Smoking lounges are prohibited City-wide. Additionally, Code Enforcement
noted that the café had been operating past the approved operating hours which
is in violation of their use permit.
In September of 2024, the Planning Division met with the applicant to discuss the
violations occurring on the subject property. Subsequently, the applicant has
removed hookah from its menu as well as all hookah-related equipment from the
premises. Additionally, the applicant is no longer operating past the approved
hours of operation as identified in Use Permit No. 2021-036. There have been no
recent violations with Code Enforcement and the applicant has continued to remain
in good standing in the last six months. The applicant acknowledged that if a new
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violation related to smoking or operating hours occurs, the City will proceed
forward with revocation of the existing use permit (Attachment No. ZA 4).
Operation and Police Review
The use will remain a restaurant. The proposed hours of operation from 6 a.m. to
11 p.m. daily is not expected to significantly alter or intensify the existing use. No
changes to the floor plan, floor area, or seating are proposed with the amendment.
Additionally, no late hours (after 11 p.m.), live entertainment, or dancing are
requested as a part of this application.
The Newport Beach Police Department (NBPD) has reviewed the proposed
application. Since the applicant has corrected previous code violations and has
remained in good standing within the last six months, the NBPD has reviewed the
project and has no objection to the request. The NBPD’s memorandum, crime and
alcohol-related statistics, and reporting district map are included in Attachment No.
ZA 5.
If approved, this minor use permit will supersede Minor Use Permit No. UP2021-
036. Therefore, staff has provided required findings from Section 20.48.030
(Alcohol Sales) in the Draft Resolution (Attachment No. ZA 1) with updated
statistics obtained from the NBPD. These findings were previously made in
UP2021-036 where a Type 47 ABC License was originally approved. All relevant
conditions of approval from the previous use permit are consolidated and
incorporated into this minor use permit.
ENVIRONMENTAL REVIEW
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, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
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.
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Laura Rodriguez, Planning Technician
DL/lr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Applicant’s Acknowledgement of Use Permit Approval
ZA 5 Newport Beach Police Department Memorandum
ZA 6 Code Enforcement Memorandum
ZA 7 Plans Approved per UP2021-036
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A MINOR USE
PERMIT TO INCREASE THE HOURS OF OPERATION BY ONE
HOUR FOR AN EXISTING EATING AND DRINKING
ESTABLISHMENT LOCATED AT 100 WEST COAST HIGHWAY,
SUITE 104 (PA2024-0132)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Abolhassan Hassanzadeh (Applicant) concerning property
located at 100 West Coast Highway, Suite 104 and legally described as Parcel 1 of Parcel
Map No. 2010-133 (Property), requesting approval of a minor use permit (MUP).
2.The Applicant requests a minor use permit to increase the hours of operation by one hour
for an existing eating and drinking establishment, Bayshore Café (Restaurant). The
current hours of operation are 6 a.m. to 10 p.m., daily, and the proposed hours of operation
are 6 a.m. to 11 p.m. daily. No late hours (after 11 p.m.), live entertainment, or dancing are
requested. If approved, this amendment will supersede Minor Use Permit No. UP2021-
036.All conditions of approval will be consolidated and incorporated into this minor use
permit (Project).
3.The Property’s land use is an existing eating and drinking establishment, Bayshore Café,
which currently holds a Type 47 (On Sale General – Eating Place) Alcoholic Beverage
Control (ABC) License. The restaurant and Type 47 ABC License were approved through
Use Permit Nos. UP2015-007 and UP2021-036. All conditions of approval related to the
use were consolidated and incorporated into UP2021-036.
4.The Property is designated General Commercial (CG) by the General Plan Land Use
Element and is located within the Commercial General (CG) Zoning District.
5.The Property is not located within the coastal zone. Therefore, a coastal development
permit is not required.
6.A public hearing was held on February 13, 2025, online via Zoom. A notice of the time,
place, and purpose of the hearing was given in accordance with the Newport Beach
Municipal Code (NBMC). Evidence, both written and oral, was presented to and
considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This Project is exempt from the California Environmental Quality Act (CEQA) under Section
15301 under Class 1 (Existing Facilities) the CEQA Guidelines, California Code of
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Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
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 of existing or
former use. The Project includes extending the hours of operation to an existing
restaurant within an existing multi-tenant commercial building.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the following findings and
facts in support of such findings 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 of the NBMC, 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 Property is in an area the Newport Beach Police Department (NBPD) has
designated as Reporting District (RD) 26 which encompasses the Mariner’s Mile
area from Dover Drive to Tustin Avenue. The NBPD is required to report offenses
of Part One Crimes (criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny, theft, and motor vehicle theft), combined with all arrests for other
crimes, both felonies and misdemeanors (except traffic citations) to the Department
of Alcoholic Beverage Control (ABC). RD 26 is reported as a high crime area as
compared to adjacent reporting districts in the City, including RD 25, RD 28, and
RD 41. RD 26 has a crime count of 189, which is 60% over the City-wide crime
count average of 118. The highest volume of crime in this area is theft and the
highest volume of arrests in the area are drug-related offenses.
2. Since RD 26 has a crime count that is 60% over the City-wide crime count average
as determined from all crime reporting districts within the City, the area is found to
have undue concentration. In comparison, the neighboring RD 25 is 31% above
the City-wide average, RD 28 is 132% above the City-wide average, and RD 41 is
3% below the City-wide average. Of the 38 RDs in Newport Beach, 12 are reported
to ABC as high crime areas.
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3. The NBPD has reviewed the project and has no objection to the request. The
Property is in a high crime area and there are no late hours requested. The Project
will be subject to appropriate conditions of approval and all NBPD recommended
conditions of approval have been included in Exhibit “A” of this Resolution.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
Reporting District Alcohol Related Arrests1 Total Arrests
RD 26 (Project) 19 107
RD 25 14 83
RD 28 6 114
RD 41 12 58
Newport Beach 291 2,732
1. In RD 26, DUI, public intoxication, and liquor law violations make up 27% of
arrests. In comparison, the figure for neighboring RD 25 is 25%, RD 28 is 5%,
and RD 41 is 34%. These statistics reflect the City of Newport Beach’s data for
2022, which is the latest available data.
2. The NBPD has reviewed the application and has provided operational conditions
of approval to help minimize any potential detrimental impacts. The NBPD has no
concerns with the Applicant’s request. Additionally, the Applicant will take
appropriate action to discourage and correct objectionable conditions that
constitute a nuisance.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, place of worship, schools, other similar uses,
and any uses that attract minors.
1. The nearest residential zoning district to the Property is the single family-
residential neighborhood located on Kings Road, which abuts the Property.
Although there are residential properties within proximity to the Property, the
Restaurant is oriented towards West Coast Highway which is within Commercial
General Zoning District. This Zoning District is typically developed with
commercial uses oriented primarily to serve citywide or regional needs. The
operational characteristic of the restaurant is similar to the existing restaurants
within a multi-tenant commercial building.
2. The nearest place of worship is Newport Harbor Lutheran Church and School
located approximately 1,750 feet to the north of the property at 798 Dover Drive in
Newport Beach. The Church is typically open Monday through Friday 9 a.m. to 4
p.m., and on Sunday from 9:15 a.m. to 11:30 a.m.
1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests.
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3.Although the project site is within proximity of a residential neighborhood and
school which may attract minors, the Applicant’s existing license is similar to
another existing restaurant at the project site which also holds an active ABC
Type 47 License, Sushi II.
iv.The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1.The closest restaurant selling alcoholic beverages is Sushi II which is located on
the second floor of the Property. The next closest establishment is Pizzeria
Mozza at 800 West Coast Highway approximately 900 feet west of the Property.
There is no evidence suggesting these uses have been detrimental to
surrounding properties or the neighborhood.
v.Whether or not the proposed amendment will resolve any current objectionable
conditions.
1.The Restaurant has operated at the Property since 2015 with an existing ABC
License with no operating issues or complaints related to alcohol.
2.The Project has been reviewed and conditioned to 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.
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.
3.The proposed hours of operation for the Restaurant will minimize the potential
effects on land use. The Restaurant is proposed to be closed by 11 p.m., daily,
which will help to ensure the use does not become a late-night bar, tavern, or
nightclub.
Minor Use Permit
By Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
A.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 General Commercial (CG), which is intended
to provide a variety of commercial activities oriented primarily to serve citywide or
regional needs.
2.The Restaurant is located within a multi-tenant commercial building on the northwesterly
corner of West Coast Highway and Dover Drive. The Property is consistent with CG land
use designation as it provides commercial uses such as personal services, retail, and
eating and drinking establishments for both visitors and residents.
3.The Property is not a part of a specific plan area.
Finding:
B.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 in the Commercial General (CG) Zoning District and is intended to
provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve Citywide or regional needs. Eating and drinking establishments are
permitted uses subject to the approval of a minor use permit.
2.The existing Restaurant operates under Minor Use Permit No. UP2021-036, which
allows for interior and exterior seating, hours of operation from 6 a.m. to 10 p.m. daily,
and the use of a Type 47 (On-Sale General - Eating Place) ABC License. An increase to
the current operating hours to close at 11 p.m., daily, requires approval of an
amendment to the Minor Use Permit.
3.The use will continue as an eating and drinking establishment and the extension of
operating hours until 11 p.m., daily, which are not considered late hours, will not alter or
intensify the existing use.
Finding:
C.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 request to increase hours of operation by one hour from 6 a.m. to 10 p.m., daily, to
be 6 a.m. to 11 p.m. daily, in conjunction with the included conditions of approval, will
not significantly change the operating characteristics of the Restaurant. Conditions of
approval related to noise, nuisances, and ABC license conditions, would continue to be
enforced in order to support the operational characteristics of the Restaurant.
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2. The Project will remain complementary to the other uses in the Mariner’s Pointe
shopping center, which will include retail stores, other food services, and a variety of
commercial uses.
3. The Project will continue to provide a convenience for residents of the neighborhood
and visitors to the area with adequate parking within the parking structure on-site. There
is no proposed expansion to the Restaurant outside of the additional operating hour until
11 p.m., daily.
Finding:
D. 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 is in a multi-tenant commercial building which has proven to be physically
suitable in terms of design, location, shape, and size to support the use. The parking
structure currently provides 143 parking spaces on site and is accessible from West
Coast Highway.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on-site.
3. The Project is located along an existing walkway which is adjacent to West Coast
Highway and is considered to be Caltrans-right-of-way. The Restaurant is conditioned
to be maintained entirely on private property with no encroachments into the Caltrans-
right-of-way.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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 Project has been reviewed by various City departments and includes conditions of
approval to ensure that potential conflicts with the surrounding land uses are minimized
to the greatest extent possible.
2. The Property has previously received multiple violations for operating a smoking lounge
as well as operating past the approved operating hours which is in violation of their use
permit. However, the Applicant has corrected previous violations, ceasing all services
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related to a smoking lounge, and has remained in good standing with the Code
Enforcement Division. Code Enforcement and the Police Department have not
encountered issues with the restaurant’s operation within the last six months.
3. Based on the Property’s history, the Applicant has agreed to take reasonable steps to
discourage and correct objectionable conditions that constitute a nuisance such as
smoking lounge services within the Restaurant, which is not a permissible land use in
the City. Additionally, the Applicant has been discouraging nuisances in parking areas,
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment.
4. The Property will continue to service the neighborhood by providing dining services as
a public convenience to the surrounding residential neighborhood as well as visitors
which is the intent of the commercial area. The existing restaurant provides an economic
opportunity for the property owner to maintain a successful business in a way which best
serves the community.
5. Per Condition of Approval No. 24, the Applicant acknowledges that if a new violation
related to smoking lounge services or violation of operating hours is issued by Code
Enforcement, the City may pursue revocation of this Minor Use Permit.
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 under 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. PA2024-0132, subject to the conditions outlined 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 a call for review is filed with the
Community Development Director by the provisions of Title 20 Planning and Zoning, of
the NBMC.
4. This resolution supersedes Zoning Administrator Resolution No. ZA2022-046 (UP2021-
036) which upon vesting of the rights authorized by this Minor Use Permit No. PA2024-
0132, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF FEBRUARY 2025.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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.This Resolution approves Minor Use Permit No. PA2024-0132, amending and
superseding the existing Use Permit No. UP2021-036. All appropriate conditions of
approval for the Restaurant are included and shall be abided by.
4.The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this Minor
Use Permit.
5.The maximum interior net public area shall be 484 square feet.
6.The hours of operation for the establishment shall be limited to 6 a.m. through 11 p.m.,
daily.
7.The outdoor dining shall not exceed 121 square feet (25% of the net public area) and shall
remain entirely on private property with no encroachment into the public right-of-way or the
Caltrans right-of-way. The design and materials of the new ABC barrier shall be reviewed
and approved by the Planning Division prior to installation. An inspection shall be
scheduled with the Planning Division to confirm the location of the outdoor dining and that
the required ABC barrier is entirely on the private property to match the approved plans.
8.The establishment shall not provide any services that constitute a “smoking lounge” as
defined by Chapter 20.70 (Definitions) of the NBMC. This shall include, but not be limited
to the menu of the Restaurant, including tobacco or tobacco-like substances for smoking
by patrons on the premises.
9.Minor Use Permit No. PA2024-0132 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code unless an extension is otherwise granted.
10.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 leasing agent.
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11. Parking shall be provided at a rate of one space for each 40 square feet of net public area
and shall comply with the approved parking management plan in effect for the Property.
Any change to this would require an amendment to this Use Permit.
12. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new Use Permit.
13. 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.
14. No outside paging system shall be utilized in conjunction with this establishment.
15. 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.
16. 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.
17. Temporary refrigerated trash storage shall be provided to control odors associated with
food waste, unless otherwise approved by the Community Development Director.
18. The exterior of the business shall be always maintained free of litter and graffiti. 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.
19. 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).
20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m., daily, unless otherwise approved by the Director of Community
Development, and may require an amendment to this use permit.
21. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
22. Kitchen exhaust fans shall be installed and maintained in accordance with the Uniform
Mechanical Code.
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23. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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 Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined that the proposed uses or conditions under which it is being operated or
maintained are detrimental to the public health, welfare, or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained to
constitute a public nuisance, including but not limited to, being used as a smoking lounge
or operating past permitted hours.
Police Department
25. The ABC License shall be limited to a Type 47 (On-Sale General – Eating Place). Any
substantial change in the ABC license type shall require subsequent review and potential
amendment of the Use Permit.
26. The Applicant shall comply with all federal, state, and local laws, and all conditions of the
ABC 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. 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.
28. The Applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
30. There shall be no live entertainment or dancing allowed on the premises.
31. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
32. 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
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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.
33. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
34. 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
form of admission charge, including minimum drink orders or the sale of drinks.
35. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
36. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The license 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.
37. 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.
38. Strict adherence to maximum occupancy limit is required.
39. “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).
40. The outdoor dining patio shall be separated from the public right-of-way with a solid
decorative barrier (subject to ADA compliance) around the perimeter of the consumption
area to meet the minimum requirements of ABC and shall not be located beyond private
property.
41. The Applicant shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than two (2) inches in height that read, “No alcoholic
Beverages Beyond This Point” at all premises exits.
42. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Bayshore Café Operating Hours, including, but not
limited to, Minor Use Permit (PA2024-0132). This indemnification shall include, but not
17
Zoning Administrator Resolution No. ZA2025-###
Page 13 of 13
be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
other expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages that which City incurs in enforcing the indemnification provisions
outlined in this condition. The applicant shall pay to the City upon demand any amount
owed to the City under the indemnification requirements prescribed in this condition.
18
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Minor Use Permit
(PA2024-0132)
100 West Coast Highway, Unit 104
Subject Property
20
Attachment No. ZA 3
Project Description
21
Bayshore Cafe Lounge
IVR# 361925
Plan# PA2024-132
Bayshore Cafe Lounge
Number Of employees:5
Current business hours of operation 11am-10pm
New business hours of operation 11am-11pm
Mediterranean restaurant, just requesting to extend business hours by 1 hour. As we have a lot of
delivery orders placed later at night.
22
Attachment No. ZA 4
Applicant’s Acknowledgment of Use Permit Approval
23
BAYSHORE CAFÉ LOUNGE
100 West Coast Highway, Suite 100
Newport Beach, CA 92663
Tel: (949) 873-5101
January 29, 2025
VIA ELECTRONIC MAIL
Mr. Jaime Murillo
Deputy Community Development Director
City of Newport Beach
Re: Confirmation of Compliance with City of Newport Beach Requirements
Dear Mr. Murillo:
Thank you for your email and for the opportunity to move forward with our minor use permit.
We truly appreciate the support of the City of Newport Beach and are committed to ensuring the
success and compliance of our restaurant. In response to your request, Bayshore Café Lounge
acknowledges the following:
We acknowledge the restaurant’s previous code enforcement cases related to smoking and
violations of operating hours and understand the importance of addressing these matters to
ensure compliance moving forward.
We acknowledge that if the minor use permit is approved, no smoking or violations of operating
hours will be permitted or occur at the restaurant per the restrictions applicable to the current use
of the property and we will adhere to any restrictions that may apply to the use of the property in
the future.
We understand that if there is any future code enforcement case involving smoking or violations
of operating hours, the city will proceed with the revocation of the Use Permit, and we are fully
committed to avoiding any such occurrences.
Please let us know if there are any additional steps or documentation required to complete this
process. We appreciate your guidance and support in this matter and look forward to continuing
a positive relationship with the city.
Sincerely,
BAYSHORE CAFÉ LOUNGE
/s/ Hamid Hassanzadeh
Managing Member
24
Attachment No. ZA 5
Newport Beach Police Department Memorandum
25
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
100 West Coast Hwy 520N/AN/A 0000N/A 0
Subject RD:
RD26 1,363 230 74 8,237.82 THEFT/LARCENY 107 19 10 0 NARCOTICS 3
Adjacent RD:
RD25 1,192 172 58 10,430.56 THEFT/LARCENY 83 14 7 0 NARCOTICS 2
Adjacent RD:
RD28 1,341 377 32 15,934.07 THEFT/LARCENY 114 6 0 0 NARCOTICS 2
Adjacent RD:
RD41 906 104 43 3,702.39 THEFT/LARCENY 58 12 8 0 DUI 0
Newport Beach 40,526 5,102 1,439 5,885.07 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 67
Subject:Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
100 West Coast Hwy N/A 1 N/A 0 N/A 1 N/A 100 West Coast
Hwy 2N/AN/A
Subject Census
Tract: 634 4,776 17 281 0 0 17 281
Subject RD:
RD26 189 +71 +60%
Adjacent Census
Tract: 636.03 6,450 6 1,075 5 1,290 11 586
Adjacent RD:
RD25 154 +36 +31%
Adjacent Census
Tract: 630.1 6,698 8 837 2 3,349 10 670
Adjacent RD:
RD28 274 +156 +132%
Adjacent Census
Tract: 630.05 1,447 7 207 3 482 10 145
Adjacent RD:
RD41 115 -3 -3%
Newport Beach 86,694 279 311 66 1,314 345 251
Newport
Beach 4,502
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
All Population figurs taken from 2020 US Census. Per BP 23958.4, the "ABC Crime Count" includes offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests
for other crimes, both felonies and misdemeanors (except traffic citations).
Summary for Bayshore Café at 100 West Coast Hwy (RD26)
Subject:
CALLS FOR
SERVICE
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2022. The NIBRS Group A Offense category is made up of 49 offenses used to report crimes committed within a law enforcement agency's jurisdiction. NIBRS Group B Offenses are less serious
offenses that require an arrest to be reportable. Crime Rate refers to the number of Group A Crimes per 100,000 people.
RD Average = 118
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JOSEPH L. CARTWRIGHT
NNEWPORTT BEACHH POLICEE DEPARTMENT
20233 CRIMEE ANDD ALCOHOL-RELATED STATISTICS
as of 07/18/2023
26
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Laura Rodriguez, Planning Technician
FROM: Wendy Joe, Police Civilian Investigator
DATE: January 29, 2025
SUBJECT: Bayshore Café
100 West Coast Highway
PA2024-0132
At your request, the Police Department has reviewed the project application for Bayshore Café
located at 100 West Coast Highway, Newport Beach. The applicant has applied for an incease of
operating hours which include alcohol service. The restaurant establishment maintains a Type 47
(On-Sale General) Alcoholic Beverage Control License.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 100 West Coast
Highway.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 26 which
encompasses the Mariner’s Mile area from Dover Drive to Tustin Avenue.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC). These figures make up the “Crime Count” which is indicated on the attached statistical
data form.
27
Bayshore Café
PA2024-0132
2
This reporting district is reported to ABC as a high crime area as compared to other Reporting
Districts in the City. The RD’s Crime Count is 189, 60% over the City-wide crime count average
of 118. Since this area has a 20% or greater number of reported crimes than the average number
of reported crimes as determined from all crime reporting districts within the City, the area is
found to have undue concentration. In comparison, neighboring RD 25 is 31% above the City-
wide average, RD 28 is 132% above the City-wide average, and RD 41 is 3% below the average.
Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas.
The highest volume crime in this area is theft. The highest volume of arrests in the area are drug-
related offenses.
DUI, Public Intoxication, and liquor law violations make up 27% of arrests in this reporting district.
In comparison, the figure for neighboring RD 25 is 25%, RD 28 is 5% and RD 41 is 34%.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics:
The applicant premise is located within census tract 634. This census tract has an approximate
population of 4,776 residents with approximately 17 active on-sale alcohol licenses. That is a
per capita ratio of 1 license for every 281 residents. Per the Business and Professions code, we
compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every
822 residents and conclude this area has undue concentration.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Calls for Service:
There were five calls for service to the applicant location in 2023 and three in 2024. Only one
call seems to be directly related to the business: a call by a neighbor for loud music coming from
the restaurant in April of 2023.
There have been no calls for service or any noted concerns since May of 2024.
Discussion and Recommendations
The Police Department is has no concerns with this project at this time.
If this application is approved, the Police Department recommends the below conditions be
updated:
Update Current Condition 29.
29.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. 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
28
Bayshore Café
PA2024-0132
3
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.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
29
Attachment No. ZA 6
Code Enforcement Memorandum
30
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/community development
Memorandum
To: Community Development Department: Planning Division
From: Code Enforcement: Jonathan Muñoz
Date: 01/23/2025
Re: PA2024-0132
Application No. • Minor Use Permit: Bayshore Cafe
(PA2024-0132)
Address: 100 West Coast Highway
Code Enforcement Project Review Comments:
There have been no further violations of their Use Permit since meeting with the
applicant in September 2024. Specifically, the following issues have no longer
been an issue.
1.No violation of a smoking lounge
2.No violation of operating past their permitted operating hours
_____________________________________
Jonathan Munoz, Code Enforcement Officer II
31
Attachment No. ZA 7
Plans Approved Per UP2021-036
32
PA2021-220
33
PA2021-220
34
February 13, 2025, Zoning Administrator Item 2 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. Bayshore Café Minor Use Permit (PA2024-0132)
Handwritten page 7, Finding A: The closing parenthesis after “Alcohol Sales” is missing.
Handwritten page 9, Fact iv.1: I cannot vouch for their accuracy, but multiple sources indicate
Pizzeria Mozza is no longer in business, its last day having been October 31, 2024.
Handwritten page 17, Condition of Approval No. 41: Is there some reason “alcoholic” is to not
be capitalized on the required signs, when all the other words are?
Zoning Administrator - February 13, 2025 Item No. 2a - Additional Materials Received Bayshore Café Minor Use Permit (PA2024-0132)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Benjamin M. Zdeba, AICP, Zoning Administrator
From: Laura Rodriguez, Planning Technician
Date: February 12, 2025
Re: Request for Continuance for Bayshore Café Minor Use Permit
(PA2024-0132)
____________________________________________________________
The applicant has requested a continuance for this matter, which is currently set
to be presented to the Zoning Administrator on Thursday, February 13, 2025. A
continuance is requested to allow for additional time to review an update in the
project description to include live entertainment. No future date has been
scheduled for this item to be heard. The item will be re-noticed once a new hearing
date has been set.
Zoning Administrator - February 13, 2025
Item No. 2b - Additional Materials Received
Bayshore Café Minor Use Permit (PA2024-0132)