HomeMy WebLinkAbout04_Luke's Lobster MUP_PA2025-00161
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A MINOR USE
PERMIT FOR A FOR A NEW TAKE-OUT - SERVICE FAST
CASUAL RESTAURANT LOCATED AT 329 MARINE AVENUE
(PA2025-0016)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Alan Limon (Applicant), with respect to property located at 329
Marine Avenue, and legally described as Lot 23, Block 13, Section 4, of the Balboa Island
Tract (Property), requesting approval of a minor use permit.
2.The Applicant proposes to operate a new take-out service, fast casual eating and
drinking establishment (Luke’s Lobster). The fast casual eating and drinking
establishment, more commonly referred to as a take-out restaurant, would occupy an
existing, approximately 365-square-foot, commercial building. The Applicant proposes
minor tenant improvements to convert the space from a bicycle repair and retail business
into a take-out restaurant with a customer ordering and point of sales area, a kitchen
and prep area, a bathroom, and no on-site seating. The Applicant is not proposing
alcohol service or late hours (after 11:00 p.m.) (Project).
3.The subject property is located within the Mixed-Use Water (MU-W2) Zoning District and
the General Plan Land Use Element category is Mixed-Use Water 2 (MU-W2).
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Water Related (MU-W) and it is located within the MU-W2 (Mixed-
Use Water) Coastal Zone District. The proposed take-out restaurant does not increase the
parking requirement and therefore is not considered an intensification of use that would
require a coastal development permit.
5.On May 9, 2023, the City Council approved Ordinance No. 2023-6, amending Title 20
(Planning and Zoning) of the Newport Beach Municipal Code (NBMC) related to
commercial parking. As a part of the amendment, the land use category formerly known
as “Take-Out Service, Limited”, which allowed for establishments that sells food or
beverages primarily for off-site consumption and up to a maximum of six seats, was
eliminated and replaced with the land use category “Take-Out Service – Fast Casual,”
which is similar to “Take-Out Service, Limited,” except that it allows for a maximum of 20
seats instead of six. The City Council also simultaneously approved Resolution No. 2023-
27, authorizing the submittal of the commercial parking amendment of Title 21 (Local
Coastal Program Implementation Plan) to the California Coastal Commission. As the
Property is within the coastal zone, where the amendment is not yet effective, the Project
is regulated and conditioned in accordance with the former Take-Out Service, Limited use.
Therefore, the Project is limited to a maximum of six seats, as stated in Condition of
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Zoning Administrator Resolution No. ZA2025-###
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Approval No. 6, unless otherwise amended by the California Coastal Commission as
stated in Condition of Approval No. 7.
6.A public hearing was held on April 24, 2025, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the 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) 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. The exceptions to this categorical exemption under
Section 15300.2 are not applicable.
2.The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The Project involves alterations to the interior floor
plan of an existing commercial space with no expansion in floor area and no increase in
parking demand. Therefore, the Project is a negligible intensification of use and the
Class 1 exemption is applicable.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (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.
Facts in Support of Finding:
1.The Land Use Element of the General Plan categorizes this Property as MU-W2 (Mixed-
Use Water 2). Table LU 1 (Land Use Plan Categories) of the Land Use Element specifies
that the MU-W2 category applies to properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. The Project is for a take-out restaurant, which is a commercial
use, and will serve nearby residents, the surrounding community, and visitors to the City
of Newport Beach. Therefore, the Project is consistent with the MU-W2 designation.
2.The subject property is not 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.
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Facts in Support of Finding:
1.The Property is located in the Mixed-Use Water (MU-W2) Zoning District. The Property
is abutted to the rear by a 10-foot-wide alley with residential uses beyond. Table 2-9
(Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning
Districts Land Uses and Permit Requirements) of the NBMC allows for a take-out
restaurant within 100 feet of residential uses, subject to the approval of a minor use
permit (MUP). As discussed above in Statement of Fact No. 5, the Project is limited to
a maximum of six seats until otherwise amended by the Coastal Commission.
2.The Property is developed with three, one-story, buildings. Previously, one tenant
operated a bicycle repair and retail business in the two buildings fronting Marine Avenue
and used one shared address for both buildings, without suite numbers. The Project
proposes to operate in the northernmost of the Marine Avenue facing structures. There
is an existing retail location at the rear of the property fronting the alley, which will remain
unaffected. Condition of Approval No. 13 requires the Applicant and/or Operator obtain
suite numbers prior to the issuance of a building permit.
3.There is one uncovered parking space onsite, accessed from the rear alley. The space
is intended for employee parking. The Property was developed prior to current zoning
code requirements and is considered legal nonconforming for parking.
4.Section 20.38.060 (Nonconforming Parking) of the NBMC allows a change of use on
sites with nonconforming parking. Section 20.38.060 specifies that an existing use may
be changed to a new use allowed in that zoning district without providing additional
parking, provided no intensification or enlargement (e.g., increase in floor area, or lot
area) occurs and the new use requires a parking rate of no more than one space per
250 square feet of gross building area.
5.Pursuant to Table 3-10 (Off-Street Parking Requirements) of Section 20.40.040 (Off-
Street Parking Spaces Required) of the NBMC, the parking requirement for a take-out
service fast casual, eating, and drinking establishment is one space required per every
250 square feet of gross floor area. As the Project does not constitute an intensification
in parking demand nor does it propose any enlargement, no additional parking is
required.
6.The Project will comply with zoning code standards for eating and drinking
establishments, specific to the take-out service fast casual land use classification as
provided in 20.48.090 (Eating and Drinking Establishments) of the NBMC. This includes
a maximum of 20 seats, no alcohol service, and no late hours. Conditions of Approval
numbers 4, 5,6, and 7 regulate hours of operation, alcohol service, and number of seats.
These conditions help ensure that the restaurant operates per the aforementioned
characteristics.
7.While the applicant is not proposing any seating as part of this project, Condition of
Approval No. 6 has been written to allow the applicant the flexibility of adding up to six
seats without amending this use permit. Furthermore, as discussed in Condition of
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Approval No. 7, if the commercial parking amendment of Title 21 is approved and takes
effect, the applicant may increase the number of seats consistent with the approved
amendment and definition of take-out service, fast casual without the processing of a
new use permit. The addition of seating at a later date however shall be subject to the
review of the Building Division and the requirements of the California Building Code
(CBC), including but not limited to providing a public restroom and an accessible path.
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 Property can be accessed by pedestrians and cyclists from Marine Avenue. Direct
vehicle access to the site is not provided to the public, however there is one onsite
parking space available to employees which is accessed from the rear alley.
2. Marine Avenue is developed with a mix of uses including residential, retail, office, and
eating and drinking establishments. The Project is compatible with the mix of existing
and allowed uses due to its similar hours of operation and being of a convenience nature
located in a high-turnover, pedestrian-focused area.
3. Condition of Approval No. 4 limits the allowed hours of operation from 11:00 a.m. to
10:00 p.m., daily, which helps minimize the potential for disturbances to the residential
uses to the rear of the property.
4. A trash enclosure is not currently provided on-site. Instead, all waste and recycling bins
are taken behind the building. Condition of Approval No. 25 requires the operator
maintain the trash area such that odors are controlled appropriately. Should the existing
trash area be determined by the City in the future to be inadequate, the Applicant will be
required to increase the frequency of pickups.
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 Property is located on the north end of Marine Avenue, near the entrance to Balboa
Island. There is heavy vehicular traffic and pedestrian activity on Marine Avenue. The
proposed take-out restaurant is not anticipated to result in increased vehicular or
pedestrian activity, as the restaurant is a take-out operation of a convenience nature.
Many of the restaurant patrons will likely already be on Balboa Island.
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2.The Newport Beach Fire Department (NBFD) has reviewed the Project to ensure
adequate public and emergency vehicle access is provided. NBFD accepted the Project
as proposed and provided no conditions of approval.
3.The tenant improvement required to convert the space from a retail business to a take-
out restaurant shall require a building permit and shall comply with all Building, Public
Works, and Fire Codes.
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 will add additional take-out options to the neighborhood and provide an
economic opportunity for the property owner to update the tenant space. The Project
includes conditions of approval to help ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. Condition of
Approval No. 15 requires the business operator 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 Applicant is required to obtain Health Department approval prior to opening for
business and comply with the CBC to ensure the safety and welfare of customers and
employees.
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 the minor use
permit filed as PA2025-0016 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
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Community Development Director in accordance with the provisions of Title 20
(Planning and Zoning) of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF APRIL 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 and floor
plans 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 Minor
Use Permit.
4. The hours of operation for the establishment shall be limited to 11:00 a.m. through 10:00
p.m., daily.
5. The sale, service, or consumption of alcohol shall not be permitted unless a new use
permit is approved.
6. No seating is included as part of the Project. Should the Applicant decide to add seating
at a later date, the maximum number of seats allowed shall be six except as provided in
Condition of Approval No. 7.
7. Should the California Coastal Commission approve the City’s pending Local Coastal
Program Amendment for commercial parking, the Applicant shall be allowed to increase
the number of seats consistent with the approved amendment and definition of take-out
service, fast casual without the processing of a new use permit.
8. The addition of any seating shall be subject to the review of the Building Division and
shall conform to the requirements of the CBC.
9. No outdoor seating is permitted without an amendment to this minor use permit or the
approval of a Limited Term Permit.
10. All signs shall be in conformance with the provisions of Chapter 20.42 (Sign Standards)
of the NBMC and any future approved Comprehensive Sign Program.
11. Employees of the restaurant shall not use the alley as a break area or smoking area.
12. Drop-off and pick-up of employes shall be prohibited in the alley.
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13.Prior to the issuance of a building permit, an addressing letter shall be requested by the
Property owner and processed by the Planning Division to establish suite numbers for
the three onsite structures.
14.This Minor Use Permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC,
unless an extension is otherwise granted.
15.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 is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
16.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and may
require an amendment to this minor use permit or the processing of a new minor use
permit.
17.Prior to the issuance of a building permit, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
18.The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
19.Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
20.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC.
21.Construction activities shall comply with Section 10.28.040 of the NBMC, 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, or Holidays.
22.No outside paging system shall be utilized in conjunction with this establishment.
23.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.
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24. 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.
25. All trash shall be stored within a commercial trash bin with a solid lid to screen the trash
and maintain odors. The lid shall be kept closed at all times. The commercial trash bin
shall be located flush against the rear wall of the building fronting the alley to prevent
encroachment into the alley setback. 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).
26. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development.
27. Storage outside of the building shall be prohibited, with the exception of the required
commercial trash bins.
28. 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.
29. 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.
30. 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 Luke’s Lobster including, but not limited to, the Minor Use Permit filed
as PA2025-0016. 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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Public Works
31.The Applicant is required to install a new sewer cleanout on the existing sewer lateral,
per City Standard 406.
32.No outdoor dining shall be permitted within the public right-of-way.
Building Division
33.The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the CBC. The construction plans must meet all applicable State
Disabilities Access requirements.
34.Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
35.Hall widths shall comply with 11B-403.5. of the CBC.
36.An accessible path of travel from public right of way to the tenant space shall be required.
37.Interior spaces with one exit or exit access doorway shall comply with table 1006.2.1 of the
CBC.
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Luke’s Lobster – Expanded Project Description
Luke's Lobster is a fast service takeout casual New England style seafood "shack", serving
primarily traditional Maine style seafood rolls and New England soups. The rolls are served chilled
on a traditional New England hot dog bun. The service model is counter service - you order at the
register, give your name or get a number, and pick up your food when your name or number is called
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22
Stand up
fridge
bathroom
72’’
fridge
POS
counter
34’’
8' 11/16"
Service counter
60’’
3 basin
W/ overhead
storage
Wall
tile
Mop sink
60’’
fridge
Sheet Rock ceiling
Floor tileStand up
freezer
Wall tile
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From:Jim Mosher <jimmosher@yahoo.com>
Sent:April 23, 2025 11:48 AM
To:CDD
Subject:Comment on ZA Items 4 & 5 (4/24/2025 meeting)
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using
the Phish Alert Button above.
With regard to Items 4 (Luke’s Lobster, PA2025-0016) and 5 (Jasper Coffee, PA2025-0021), which share
nearly identical staff reports:
1. The bookmarks in both PDF's do not work. Additionally, the Item 4 report has been posted in a non-
machine-searchable image-only format.
2. More substantively, the staff report and Fact in Support of Finding C.4 on handwritten page 10 of each
assure readers that "Should the existing trash area be determined by the City in the future to be
inadequate, the Applicant will be required to increase the frequency of pickups." Yet Condition of Approval
No. 25 (on handwritten page 15) mentions the possible need for cleaning, but not a need to comply with
City requests for increased frequency of pickup. Shouldn't it? I may have missed something elsewhere in
Exhibit A, but without a requirement to comply being an agreed-to condition, it is hard to see what ensures
the "fact" is, indeed, a fact.
-- Jim Mosher
Zoning Administrator - April 24, 2025 Item No. 4a Additional Materials Received Luke's Lobster Minor Use Permit (PA2025-0016)