HomeMy WebLinkAbout05_Jasper Coffee MUP_PA2025-0021CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 24, 2025
Agenda Item No. 5
SUBJECT: Jasper Coffee (PA2025-0021)
Minor Use Permit
SITE LOCATION: 329 Marine Avenue
APPLICANT: Alan Limon
OWNER: Greg Blackband
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235 dkopshever@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
•Zoning District: Mixed-Use Water (MU-W2)
•Coastal Land Use Plan Category: Mixed-Use Water Related (MU-W)
•Coastal Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
The applicant requests approval of a minor use permit (MUP) to operate a “Take Out
Service, Fast Casual” eating and drinking establishment (Jasper Coffee) within an existing
commercial structure. The applicant proposes minor tenant improvements to convert an
existing 326 square foot space from a bicycle repair and retail business into a take-out
restaurant. The applicant is not proposing any onsite seating, alcohol service, or late hours
(after 11:00 p.m).
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 Permit filed as
PA2025-0021 (Attachment No. ZA 1).I
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DISCUSSION
•Jasper Coffee is proposed within an existing commercial building on Marine
Avenue on Balboa Island. The project site is zoned Mixed-Use Water (MU-W2)
and is categorized as Mixed-Use Water 2 (MU-W2) by the Land Use Element of
the General Plan.
•The MU-W2 designation applies to waterfront properties in which marine-related
uses may be intermixed with general commercial, visitor-serving commercial and
residential dwelling units on the upper floors. A take-out restaurant is consistent
with both the zoning and General Plan land use category.
•The Property is abutted to the rear by a narrow alley with residential uses beyond.
The Newport Beach Municipal Code (NBMC) allows for a take-out restaurant within
100 feet of residential uses, subject to the approval of a MUP.
•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. The previous tenant used one shared address for both buildings. Jasper
Coffee will operate in the southernmost of the Marine Avenue facing structures,
as shown below in Figure 1. The adjacent building, within the northeastern corner
of the lot, is proposed under separate permit (PA2025-0016) to be a take-out
restaurant serving lobster sandwiches. The third structure, located at the rear of
the property, is currently a retail land use to remain. Condition of Approval No. 13
requires the Applicant obtain a suite number prior to the issuance of a building
permit.
Figure 1: Oblique Image of Project Site
Luke’s Lobster
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•The project will improve the 326-square-foot space to create a customer ordering
and point of sales area, a customer pick-up counter, and a kitchen and prep area.
No seating is provided as part of this project as food and drinks are intended to be
consumed off site.
•The proposed hours of operation are from 11:00 a.m. to 10:00 p.m., daily.
•The sale, service, or consumption of alcohol is prohibited.
•While the applicant is not proposing any seating, Condition of Approval No. 6 has
been written to allow future flexibility in the addition of seats. The addition of seating
shall be reviewed by the Building Division and must comply with the California
Building Code and the Americans with Disabilities Act.
•On May 9, 2023, the City Council approved Ordinance No. 2023-6, amending Title
20 (Planning and Zoning) of the NBMC related to commercial parking. As a part of
the update, the land use category formerly known as “Take-Out Service, Limited”,
was eliminated and replaced with “Take-Out Service – Fast Casual”. The latter is
similar to “Take-Out Service, Limited,” except that it allows for a maximum of 20 seats
instead of six. The City Council 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. The
amendment to Title 21 is currently under review by the Coastal Commission. As the
project 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. The project is limited to a maximum of six seats, as stated in Condition
of Approval No. 6, unless otherwise amended by the California Coastal Commission
as stated in Condition of Approval No. 7.
•The Property is considered legal nonconforming for parking, as it was developed
prior to current zoning requirements and does not provide the minimum number of
parking spaces required.
•Section 20.38.060 (Nonconforming Parking) of the NBMC allows a change of use
on sites with nonconforming parking. 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. 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 and does not add floor area, therefore the
project is allowed without providing additional parking.
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•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.
•The subject property is within the coastal zone; however, a coastal development
permit is not required because the project does not result in an increased demand
for parking and is not considered an intensification of use.
•The applicant is required to obtain Health Department approval prior to opening
for business.
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. The exceptions to this categorical exemption under
Section 15300.2 are not applicable. 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 which results in a negligible intensification
of use. Therefore, the Class 1 exemption is applicable.
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 the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
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JP/djk
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description
ZA 4 Project Plans
opshe er, Assistant Planner
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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 FOR A FOR A NEW TAKE-OUT - SERVICE FAST
CASUAL RESTAURANT LOCATED AT 329 MARINE AVENUE
(PA2025-0021)
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 (Jasper Coffee). The fast casual eating and drinking
establishment, more commonly referred to as a take-out restaurant, would occupy an
existing, approximately 326-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 area, a pickup area, a kitchen and
prep area, and no onsite 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 located in the coastal zone, where the amendment is not yet effective, the
Project is regulated and conditioned in accordance with as the former Take-Out Service,
Limited use. Therefore, the Project is limited to a maximum of six seats, as stated in
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Condition of 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 includes 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:
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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 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 in Statement of Fact No. 5 above, 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 southernmost 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 services, and
number of seats. These conditions help to ensure that the business shall operate per
the aforementioned characteristics or may be required to obtain a new use permit.
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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
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 7:00 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:
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1.The Property is located on the north end of Marine Avenue, near the entrance of
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 and 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.
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.
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2.The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. PA2025-0021 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 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 7:00 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 Jasper Coffee including, but not limited to, the
Minor Use Permit filed as PA2025-0021. 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
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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.
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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Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Minor Use Permit
(PA2025-0021)
329 Marine Avenue
Subject Property
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Attachment No. ZA 3
Applicant’s Project Description
19
Coffee Shop – Expanded Project Description
Jasper Coffee is a fast-casual takeout coffee shop offering freshly brewed coffee, espresso-based
beverages, teas and cold drinks. We also serve prepackaged pastries and snacks with no on-site
cooking or kitchen facilities. Our focus is on providing high-quality, grab-and-go options for the
Balboa Island community.
Hours of operation are planned to be 7:00 AM to 10:00 PM
Number of employees: 6-8. Each shift will have between 2-3 employees depending on the amount
of traffic at the location.
Seats: Plan to start with no seating. Understand our approval will allow up to six seats in the future.
Gross floor Area: 326 S.F.
Net Public Area: 120 S.F.
Additional Structures onsite: Currently the back building is being used as a retail location. The
retail shop is operated by the same ownership that will operate the coffee shop. The other structure
fronting Marine Avenue has submitted for “MUP” approval as a lobster roll takeout restaurant.
There are no shared facilities onsite.
Property Assessor’s Parcel Number: 050-152-32
City Comment’s
Will this area be open to the public? – The back building is open to the public as it’s currently
operating as a secondhand store.
What is being sold/stored/prepared here? – The store in the back building sells secondhand
ceramics, art and clothing.
20
Attachment No. ZA 4
Project Plans
21
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22
TOP LAYER
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23
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. 5a Additional Materials Received Jasper Coffee Minor Use Permit (PA2025-0021)