HomeMy WebLinkAbout05_Bayshore Cafe Minor Use Permit and Operator License_PA2024-0132CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 12, 2025
Agenda Item No. 5
SUBJECT: Bayshore Café Operating Hours and Operational Changes
(PA2024-0132)
▪Minor Use Permit
▪Operator’s License
SITE LOCATION: 100 West Coast Highway, Suite 104
APPLICANT: Abolhassan Hassanzadeh
OWNER: Vbas Properties
PLANNER: Laura Rodriguez, Assistant Planner
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, which currently holds a Type 47
(On-Sale General – Eating Place) Alcohol Beverage Control (ABC) License. The current
hours of operation are 6:00 a.m. to 10:00 p.m., daily, and the proposed hours of operation
are 6:00 a.m. to 11:00 p.m. daily. No late hours (after 11:00 p.m.) are requested. Live
entertainment and dancing for private events are also requested. The applicant is required
to obtain an operator’s license from the Newport Beach Police Department (NBPD) to allow
alcoholic beverages for on-site consumption in combination with live entertainment and
dancing. If approved, this amendment will supersede Minor Use Permit No. UP2021-036,
and all relevant conditions of approval will be consolidated and incorporated.
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 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 (Figure 1, below). 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 is an allowed use subject to the approval of a
use permit.
Figure 1: Oblique Aerial Image of Property
• On March 26, 2015, the Zoning Administrator authorized the existing restaurant
through Minor Use Permit No. UP2015-007. The approved floor plan included 16
seats within a 484-square-foot interior dining area and an additional 12 seats within
a 121-square-foot outdoor dining area.
• On November 21, 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.
• On June 30, 2022, the Zoning Administrator approved Minor Use Permit No. 2021-
036 which amended and superceded Minor Use Permit No. 2016-042. The
Restaurant Location
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approved amendment allowed the restaurant to upgrade its existing Type 41 ABC
License to a Type 47 ABC License.
Project Request
• 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 6:00 a.m. to
10:00 p.m. daily, and the proposed hours of operation are 6:00 a.m. to 11:00 p.m.
daily. The restaurant would maintain its Type 47 ABC License that was previously
authorized.
• Additionally, the applicant is requesting an operator’s license to allow live
entertainment and dancing during private events, in conjunction with the Type 47
ABC license. The applicant is proposing live entertainment in the form of a DJ, live
musician, and a small band. Additionally, live entertainment for private events with a
small dance floor is requested to accommodate dancing. Since the use will remain a
restaurant, and no late hours are requested, the intent of the operation does not
constitute as a nightclub. If approved, Conditions of Approval Nos. 9, 24, 25, 34, 35
and 37 will ensure the project operates as a restaurant primarily.
• The proposed floor plan layout, which includes a 16-square-foot dance floor, has
been reviewed by all applicable City departments, which have provided conditions
of approval in Exhibit “A” of the Draft Resolution (Attachment No. ZA 1).
Previous Use Permit 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 any of the previously
approved use permits. Smoking lounges are prohibited City-wide. Additionally,
Code Enforcement noted that the restaurant had been operating past the approved
operating hours which is another 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 nine months. The applicant acknowledged that if a new
violation occurs including but not limited to smoking, operating hours, or violation
of live entertainment approval, the City will proceed forward with revocation of the
restaurant’s use permit (Attachment No. ZA 4).
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Operation and Police Review
• 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 nine 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.
• Conditions of approval have been included to ensure that the use will remain as a
restaurant. The proposed floor plan and proposed hours of operation from 6:00
a.m. to 11:00 p.m. daily is not expected to significantly alter or intensify the existing
use. While live entertainment and dancing are a part of this application, no late hours
(after 11 p.m.) are proposed. Additionally, Conditions of Approval Nos. 7, 30, and 31
require the applicant is required to obtain an operator’s license from the NBPD and
a live entertainment permit from the City prior to any live entertainment or dancing
activities at the restaurant.
• 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 the
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, Assistant Planner
DL/lr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Existing and Proposed Floor Plan
ZA 5 Applicant’s Acknowledgement of Use Permit Approval
ZA 6 Newport Beach Police Department 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, LIVE
ENTERTAINMENT, AND DANCING 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), which
currently holds a Type 47 (On-Sale General – Eating Place) Alcohol Beverage Control
(ABC) License. The current hours of operation are 6:00 a.m. to 10:00 p.m., daily, and the
proposed hours of operation are 6:00 a.m. to 11:00 p.m. daily. Live entertainment and
dancing for private events are also requested. The Applicant is required to obtain an
operator’s license from the Newport Beach Police Department (NBPD) to allow alcoholic
beverages for on-site consumption in combination with live entertainment and dancing. No
late hours (after 11:00 p.m.) are requested. If approved, this amendment will supersede
Minor Use Permit No. UP2021-036 and all relevant conditions of approval will be
consolidated and incorporated (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 June 12, 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.
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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
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 live entertainment, dancing, and 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 Newport Beach Municipal Code
(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 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 157, which is 40% over the City-wide crime count average of 112.
The highest volume of crime in this area is theft and the highest volume of arrests
in the area are drug-related offenses.
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2. Since RD 26 has a crime count that is 40% 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 54% above
the City-wide average, RD 28 is 104% above the City-wide average, and RD 41 is
7% below the City-wide average. Of the 38 RDs in Newport Beach, 10 are reported
to ABC as high crime areas.
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. While
the Project includes the request for an Operator’s License, the Operator’s License
application is subject to further review and approval by the NBPD and may be
subject to additional conditions such as a security plan to regulate and control
potential late-hour nuisances as noted under Condition of Approval No. 31.
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) 17 107
RD 25 33 129
RD 28 3 139
RD 41 12 75
Newport Beach 421 2,976
1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests.
1. In RD 26, DUI, public intoxication, and liquor law violations make up 21% of
arrests. In comparison, the figure for neighboring RD 25 is 34%, RD 28 is 6%,
and RD 41 is 24%. 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 is above a hill abutting
the Property. Although there are residential properties within proximity to the
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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 9:00 a.m.
to 4:00 p.m., and on Sunday from 9:15 a.m. to 11:30 a.m.
3. Although the Property is within the proximity of a residential neighborhood and
school which may attract minors, the Applicant’s existing license is similar to
another existing restaurant (Sushi II) located at the Property, which also holds
an active ABC Type 47 License.
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. 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 and no operating issues or complaints related to alcohol have been
reported.
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. The Operator License will provide tools to
control noise, loitering, litter, disorderly conduct, parking/circulation and other
potential disturbances that could result from the use, and will provide the NBPD with
means to modify, suspend, or revoke the operator’s ability to maintain its license.
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 11:00 p.m., daily,
which will help to ensure the use does not become a late-night bar, tavern, or
nightclub.
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Minor Use Permit
By Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan;
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. The Project is to
increase the Restaurant’s operating hours by one hour while also requesting live
entertainment and dancing for private events. Live entertainment and dancing are ancillary
to the Restaurant’s operation. Therefore, the Project is consistent with the General Plan.
3. The Property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
1. The Property is 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 6:00 a.m. to 10:00 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 11:00 p.m., daily, requires the
approval of a Minor Use Permit to supersede UP2021-036. Additionally, an Operator’s
License is required to allow the Restaurant to operate as a food service establishment
with a Type 47 ABC license with live entertainment and dancing during private events.
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3. The use will continue as an eating and drinking establishment and the extension of
operating hours until 11:00 p.m., daily, which are not considered late hours, will not alter
or intensify the existing use. While the Project requests live entertainment and dancing
for private events, these two requests are ancillary to the primary use. Live
entertainment is requested during the Restaurant’s operating hours to provide dining
guests with ambient background music and during private events in order to accommodate
dancing. Given that the use will remain a restaurant, and no late hours are requested, the
intent of the operation does not constitute as a nightclub.
4. The proposed floor plan layout, which includes a 16-square-foot dance floor, has been
reviewed and conceptually approved by applicable City departments.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Finding:
1. The request to extend hours of operation by one hour from 6:00 a.m. to 10:00 p.m.,
daily, to be 6:00 a.m. to 11:00 p.m. daily, with live entertainment and dancing, in
accordance with the included conditions of approval, will not significantly alter the
operating characteristics of the Restaurant. The Applicant is proposing live entertainment
in the form of a DJ, live musician, and a small band. 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. Additionally, the Operator’s
License application is subject to a separate review and approval by the NBPD, which
may include additional conditions.
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. Other
than the proposed operational changes, there is no physical expansion proposed to the
Restaurant. Additionally, live entertainment will take place indoors and dancing is only
to take place during private events.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities;
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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. The Applicant indicated that unpermitted interior alterations have taken
place within the Restaurant and understands that the net public area must not exceed
484 square feet to remain in compliance with the existing parking requirements for the
Project and multi-tenant commercial development as a whole. Condition of Approval No.
5 is included to ensure compliance with the allowable net public area. Since live
entertainment and dancing are ancillary to the primary use, and the net public area will
remain in compliance, the Project will not intensify parking.
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:
F. 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 Restaurant has previously received multiple violations for operating a smoking
lounge as well as operating past the approved operating hours which is in violation of
UP2021-036. However, the Applicant has corrected previous violations, ceasing all
services 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 nine 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, which is not a permissible land use in the City. The Applicant
has also been discouraging nuisances from customers in parking areas, sidewalks and
areas on the Property and adjacent properties during business hours.
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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 with live
entertainment and dancing during private events provides an economic opportunity for
the Applicant to maintain a successful business in a way which best serves the
community.
5.A building permit is required prior to any occupancy load increase. Any tenant
improvements to the Property will comply with all Building, Public Works, and Fire
Codes.
6.Per Condition of Approval No. 25, the Applicant acknowledges that if a new violation
including but not limited to smoking, operating hours, or violation of live entertainment
approval, 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, shall become
null and void.
PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF JUNE 2025.
_____________________________________ Liz Westmoreland, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The Project 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 6:00 a.m. through 11:00
p.m., daily.
7. Live entertainment and dancing shall not occur prior to the Applicant obtaining an
Operator’s License by the NBPD and Live Entertainment permit from the City.
8. 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.
9. 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.
10. 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 NBMC unless an extension
is otherwise granted.
11. Should the property be sold or otherwise come under different ownership, any future
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owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent.
12. 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.
13. 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.
14. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of the
Newport Beach Municipal Code.
15. No outside paging system shall be utilized in conjunction with this establishment.
16. 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.
17. 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.
18. Temporary refrigerated trash storage shall be provided to control odors associated with
food waste, unless otherwise approved by the Community Development Director.
19. 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.
20. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this use permit.
22. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
16
Zoning Administrator Resolution No. ZA2025-###
Page 11 of 13
23. Kitchen exhaust fans shall be installed and maintained in accordance with the Uniform
Mechanical Code.
24. 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 NBMC to require such
permits.
25. 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, operating past permitted hours, or violation of live entertainment approval.
26. 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, including, but not limited to, Minor Use
Permit (PA2024-0132). This indemnification shall include, but not 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.
Building Division
27. The occupant load shall be limited to 49. If the occupant load exceeds 49, two exits and
plumbing fixture analysis shall be required.
28. An accessible path of travel shall be required from parking and public right of way to the
Restaurant.
Police Department
29. 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.
30. The operator must obtain a Live Entertainment Permit issued by the City.
17
Zoning Administrator Resolution No. ZA2025-###
Page 12 of 13
31. An Operator License is required to be obtained, pursuant to Chapter 5.25 (Operator
License for Establishments Offering Alcoholic Beverages for On-Site Consumption in
Combination with Late Hours, Entertainment, and/or Dance) of the NBMC. The Project
may be subject to additional and/or more restrictive conditions such as a security plan to
regulate and control potential late-hour nuisances associated with the operation of the
establishment.
32. The eating and drinking establishment shall close no later than 11:00 p.m.
33. 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 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.
34. 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.
35. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC.
36. The Applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
37. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
38. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
39. Any event or activity staged by an outside promoter or entity, where the Applicant, operator,
owner or his employees or representatives share in any profits or pay any percentage or
commission to a promoter, or any other person based upon money collected as a door
charge, cover charge or any other form of admission charge is prohibited.
40. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
18
Zoning Administrator Resolution No. ZA2025-###
Page 13 of 13
41. 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.
42. Food service shall be made available to patrons until closing.
43. 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.
44. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
45. Strict adherence to maximum occupancy limit is required.
46. “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).
47. 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.
48. 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.
49. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
50. Off sales of alcohol shall not be permitted.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Minor Use Permit
(PA2024-0132)
100 West Coast Highway, Unit 104
Subject Property
21
Attachment No. ZA 3
Project Description
22
1
Rodriguez, Laura
From:Hamid Hasna <danesh.213@gmail.com>
Sent:May 15, 2025 1:24 PM
To:Rodriguez, Laura
Subject:Re: Bayshore
On Wed, May 14, 2025 at 1:35 PM Hamid Hasna <danesh.213@gmail.com> wrote:
To city of Newport Beach
Thank you for your response regarding our request for a live entertainment and dance permit. To
clarify, we are seeking approval for live entertainment in two distinct contexts at our venue:
1. Background Music During Dining: We intend to feature live musicians or DJs to provide ambient
background music for guests dining at our restaurant, enhancing the overall dining experience.
2. Private Events with Dance Floor: For private events (e.g., birthdays, graduations, anniversaries), we
plan to offer live entertainment, including musicians or DJs, and provide a dance floor to
accommodate dancing. The frequency of these events will depend on weekly bookings.
We apologize for any lack of clarity in our previous communication and appreciate the opportunity to
provide these details. Please let us know if additional information or documentation is required to
process our permit application.
23
Attachment No. ZA 4
Existing and Proposed Floor Plan
24
24
'
-
6
"
47'-0" VERIFY
2'-6"
2'-6"5'-0"13'-8"
5'
-
6
"
7'-6"
7'-
8
"
14
'
-
8
"
V
E
R
I
F
Y
2'
-
6
"
12'-0"
NET PUBLIC AREA484 SQ FT
ADDTL PUBLIC AREA
10' x 9.5' = 95 SQ FT
EXISTING KITCHEN AREA449.45 SQ FT
(E) ADA
RESTROOM
(N) DANCE
FLOOR FLOOR
4' x 4' = 16 SQ FT
4'-0"
5'
13'-6"
1'-10"
20'-0 1/4"
TRASH SANDWICH PREP
SHEETER
MOP SINK
MIX
MIX
WASH SINK
STORAGE
ICE ESPRESSO
SINKGRND
COFFEE
REF CASE
COUNTER
POS
STORAGE
COUNTER
SE
R
V
I
N
G
D
E
S
K
EXISTING FLOOR PLAN
ADDRESS: 100 W. COAST HWY, NEWPORT BEACH, CA 92663
BAYSHORE CAFE
25
NEW PROPOSED FLOOR PLAN
ADDRESS: 100 W. COAST HWY, NEWPORT BEACH, CA 92663
BAYSHORE CAFE
24
'
-
6
"
47'-0" VERIFY
2'-6"
2'-6"5'-0"13'-8"
5'
-
6
"
7'-6"
7'
-
8
"
14
'
-
8
"
V
E
R
I
F
Y
2'-
6
"
12'-0"
NET PUBLIC AREA
484 SQ FT
EXISTING KITCHEN AREA
449.45 SQ FT
(E) ADA
RESTROOM
(N) DANCE
FLOOR FLOOR
4' x 4' = 16 SQ FT
4'-0"
5'
13'-6"
1'-10"
20'-0 1/4"
TRASH SANDWICH PREP
SHEETER
MOP SINK
MIX
MIX
WASH SINK
STORAGE
ICE
ESPRESSO
SINKGRND
COFFEE
REF CASE
COUNTER
POS
STORAGE BLEND
SERVING DESK
ESPRESSO
DISP.
26
Attachment No. ZA 5
Applicant’s Acknowledgment of Use Permit
Approval
27
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
28
Attachment No. ZA 6
Newport Beach Police Department
Memorandum
29
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Laura Rodriguez, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: May 14, 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 increase
of operating hours to 11:00 p.m., live entertainment, and dancing. The restaurant establishment
maintains a Type 47 (On-Sale General) Alcoholic Beverage Control License. An Operator License
will be required due to the addition of live entertainment with alcohol service.
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.
30
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 157, 40% over the City-wide crime count average
of 112. 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 54% above the City-
wide average, RD 28 is 104% above the City-wide average, and RD 41 is 7% above the average.
Of 38 reporting districts in Newport Beach, we reported 10 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 21% of arrests in this reporting district.
In comparison, the figure for neighboring RD 25 is 34%, RD 28 is 6% and RD 41 is 24%.
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 two 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 related to the business or any noted concerns since May
of 2024.
Discussion and Recommendations
The Police Department has no concerns with this project given the location and proposed closing
hour. However, PD support of a live entertainment is contingent on the 11:00 p.m. closing hour.
Should a closing hour later than 11:00 p.m. be approved, the Police Department withdraws
support of the application.
If this application is approved, the Police Department recommends the existing conditions stay
and the below or similar conditions be added:
1. The eating and drinking establishment shall close no later than 11:00 p.m.
31
Bayshore Café
PA2024-0132
3
2. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC.
3. The operator must obtain a Live Entertainment Permit issued by the City of Newport
Beach.
4. No off-sales of alcohol shall be permitted.
5. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
6. Food service shall be made available to patrons until closing.
7. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
8. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, may be
subject to additional and/or more restrictive conditions such as a security plan to regulate
and control potential late-hour nuisances associated with the operation of the
establishment.
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
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
32
Attachment No. ZA 7
Plans Approved per UP2021-036
33
PA2021-220
34
PA2021-220
35
From: Jim Mosher <jimmosher@yahoo.com>
Sent: June 11, 2025 12:17 PM
To: CDD
Subject: Comment on ZA Item 5 (June 12, 2025, meeting)
Regarding Item 5 ("Bayshore Café Minor Use Permit and Operator License," PA2024-
0132) on the June 12, 2025, Zoning Administrator agenda:
1. The agenda title quoted above confusingly suggests the Zoning Administrator is
being asked to approve an "operator license" even though the summary below the title
suggests that is a separate matter, not before the ZA.
2. What is the difference between the "EXISTING FLOOR PLAN" on handwritten page
25 and the "NEW PROPOSED FLOOR PLAN" on page 26? I am unable to find any.
3. What kind of dancing would occur on a 4 by 4-foot dance floor? It seems very small.
-- Jim Mosher
Zoning Administrator - June 12, 2025 Item No. 5a - Additional Materials Received Bayshore Café Minor Use Permit and Operator License (PA2024-0132)