HomeMy WebLinkAbout05_Chaupain Bakery Minor Use Permit and Staff Approval_PA2025-0073CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 16, 2025
Agenda Item No. 5
SUBJECT: Chaupain Bakery (PA2025-0073)
Minor Use Permit
Staff Approval
SITE LOCATION: 2622 San Miguel Drive
APPLICANT: Kevin Hufford, ABC Liquor Consultants
PLANNER: Jerry Arregui, Assistant Planner
jarregui@newportbeachca.gov, 949-644-3249
LAND USE AND ZONING
•General Plan Land Use Plan Category: Neighborhood Commercial (CN)
•Zoning District: Habor View Hills Planned Community, Commercial District (PC 3)
PROJECT SUMMARY
The applicant requests a minor use permit (MUP) to allow an existing restaurant known as
Chaupain Bakery located within the Newport Hills Shopping Center to add a Type 41 (On-
Sale Beer and Wine – Eating Place) California Department of Alcohol Beverage Control
(ABC) License. Hours of operation will be reduced from 6:00 a.m. and 12:00 a.m., daily, to
between 6:00 a.m. and 10:00 p.m. daily, thereby eliminating late-hour operations (i.e., after
11:00 p.m.). There are no physical alterations proposed. A Staff Approval is also required
to waive 33 parking spaces, 9.4% of the total parking requirement for the entire shopping
center, in order to reauthorize the restaurant and account for the gradual loss of parking
spaces over time due to Americans with Disabilities Act upgrades. Approval of this project
will supersede Use Permit No. UP2001-002.
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,
because it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. approving the Minor Use Permit
and Staff Approval , collectively filed as PA2025-0073 (Attachment No. ZA 1).
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Chaupain Bakery (PA2025-0073)
Zoning Administrator, October 16, 2025
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DISCUSSION
Land Use and Development Standards
•The subject property is located at the intersection of Ford Road and San Miguel
Drive and within the Newport Hills Shopping Center. The property is located within
the Commercial District of the Harbor View Hills (PC 3) Planned Community and
is categorized as Neighborhood Commercial (CN) by the Land Use Element of the
General Plan.
•The shopping center is developed with two, single-story, multi-tenant buildings, a
single-tenant commercial building, a single-tenant service station, and a 317-
space shared surface parking lot as shown in Figure 1 below. The shopping center
includes a diverse mix of tenants such as Pavilion’s grocery store, Bank of
America, 76 gas station, Taco Rosa restaurant, dental office, veterinary clinic, and
other retail uses.
Figure 1: Oblique aerial image of the Newport Hills Shopping Center
Chaupain Bakery
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Chaupain Bakery (PA2025-0073)
Zoning Administrator, October 16, 2025
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• The property is bounded by Ford Road to the north, multi-unit residences to the
east, single-unit residences to the south, and San Miguel Drive to the west with
single-unit residences beyond.
• Chaupain Bakery currently operates pursuant to Use Permit No. UP2001-009, which
was approved by the Planning Commission in 2001. UP2001-009 authorized a 2,600
square-foot restaurant to operate from 6:00 a.m. to 12:00 a.m., daily, and did not
allow for the sale of alcohol.
• The project will add alcohol service to the restaurant through a Type 41 (On Sale
Beer and Wine – Eating Place) ABC License. The hours of operation will be reduced
to between 6 a.m. and 10 p.m. daily, thereby eliminating late hour operations. There
are no physical alterations or changes to the floor plan proposed.
• The property is located within the Commercial District of PC 3. Section VIII(A)
(Commercial Area 14 – Permitted Uses) of PC 3 provides that restaurants are
allowed consistent with Title 20 (Planning and Zoning) of the NBMC permitting
requirements. Table 2-5 (Allowed Uses and Permit Requirements) of Section
20.20.020 (Commercial Zoning District and Land Uses and Permit Requirements)
of the NBMC allows restaurants with alcohol sales and no late hours within all
commercial zoning districts subject to approval of a MUP. With the elimination of
late hour operations, the project can be considered by the Zoning Administrator
through a MUP, rather than returning to the Planning Commission for a Conditional
Use Permit.
• Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC provides an
off-street parking requirement for eating and drinking establishment uses of one
space for every 100 square feet of gross floor area (GFA). The restaurant is 2,600
square feet of gross floor area and requires 26 parking spaces (2,600 sq. ft. GFA
/ 100 = 26).
• UP2001-009 authorized 730 square feet of net public area (NPA). Parking
requirements at the time required one space per 40 square feet of NPA, resulting in
a 19-space requirement (730 sq. ft. NPA / 40 = 18.25, rounded up). UP2001-009
waived seven of the 19 required parking spaces.
• Since the approval of UP2001-009, there have been changes to the tenant mix
within the shopping center and a reduction to the number of parking spaces
available due to Americans with Disabilities Act (ADA) upgrades. The shopping
center currently requires 350 parking spaces but only provides 317 parking spaces
as shown in Table 1 below. Therefore a 33 space, or a 9.4%, parking waiver is
required to reauthorize the restaurant’s use based on current parking requirements
(350 spaces – 33 waived = 317 space requirement).
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Zoning Administrator, October 16, 2025
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Table 1: Shopping Center Parking Demand and Waiver Request
Business Area
(Square Feet) Parking Rate Parking
Required
Retail & Service 66,722 1 per 250 sq. ft. of
gross floor area1 266.88
Taco Rosa 3,466 1 per 100 sq. ft. of
gross floor area 34.6
Chaupain
Bakery (Subject
Tenant)
2,600 1 per 100 sq. ft. of
gross floor area 26
76 Gas Station 1,644 (3 service
bays) 5 per service bay 15
Dr. Keith Tams
Dentistry 1,348 1 per 200 sq. ft. of
gross floor area 6.74
Total Required Parking 350
Parking Waiver Requested 33 (9.4%)
Net Required Parking 317
Existing Onsite Parking 317
1The Harbor View Hills Planned Community (PC 3) requires 1 space per 250 square feet of gross floor area for retail
and service business
• Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC
allows the Community Development Director to waive up to 10% of the required
off-street parking if one off-street parking space is designated with proper signage
exclusively for pick-up use (i.e. to-go orders). The shopping center currently has
four designated spaces for use by pick-up use.
• The Community Development Director is satisfied that the four designated pick-up
spaces are sufficient to waive 33 parking spaces, or 9.4% of the parking
requirement for the shopping center. Should it be determined that parking is a
nuisance to the surrounding properties, Condition No. 10 allows the Community
Development Director, Public Works Director, or the City Traffic Engineer the ability
to require additional parking mitigation measures if parking is determined to be a
public nuisance to surrounding properties.
• The Newport Beach Police Department (NBPD) reviewed the request to add
alcohol service to the restaurant through a Type 41 (On Sale Beer and Wine – Eating
Place) ABC License and has no objections, subject to specific conditions of
approval. The draft resolution, provided as Attachment No. ZA 1, includes all
required facts in support of findings for alcohol sales, as well as operational
conditions of approval as recommended by the NBPD. Conditions of Approval
include, but are not limited to, prohibiting the restaurant from operating as a bar,
tavern, cocktail lounge, or night club and a closing hour of 10 p.m.
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• If approved, this MUP will supersede UP2001-002. Conditions of Approval from
UP2001-002, along with the suggested conditions from the NBPD, have been
incorporated into this MUP.
ENVIRONMENTAL REVIEW
This Project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Section 15301 under Class 1 (Existing
Faclities). The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The Class 1 exemption authorizes minor alterations of existing structures
involving negligible or no expansion of use. The Project is to add alcohol service to an
existing restaurant with no increase in floor area 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 may be filed with the Community Development Director within 14 days following
the date of action. For additional information on filing an appeal, contact the Planning
Division at (949) 644-3200.
Prepared by:
JP/ja
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description Letter
ZA 4 Project Plans
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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, CALIFORNIA, SUPERSEDING USE
PERMIT NO. UP2001-002 AND APPROVING A MINOR USE
PERMIT AND STAFF APPROVAL TO ADD A TYPE 41 (ON-SALE
BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE
CONTROL (ABC) LICENSE AND WAIVE A PORTION OF THE
REQUIRED OFF-STREET PARKING FOR AN EXISTING EATING
AND DRINKING ESTABLISHMENT LOCATED AT 2622 SAN
MIGUEL DRIVE (PA2025-0073)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Kevin Hufford (Applicant) on behalf of Irvine Company (Owner)
concerning the property located at 2622 San Miguel Drive and legally described as Parcel
1 as shown on a map recorded in Book 119, Page 49 of Parcel Maps in the office of the
Orange County Recorder (Property).
2. The Applicant requests a minor use permit (MUP) to allow an existing eating and drinking
establishment (Restaurant) within the Newport Hills Shopping Center to add a Type 41
(On-Sale Beer and Wine – Eating Place) California Department of Alcohol Beverage
Control (ABC) License. The Restaurant’s hours of operation will be reduced from between
6:00 a.m. and 12:00 a.m. to between 6:00 a.m. and 10:00 p.m., daily, thereby eliminating
late-hour operations (i.e., after 11:00 p.m.). There are no physical alterations to the
Restaurant proposed. A Staff Approval is also required to waive 33 parking spaces, 9.4%
of the total parking requirement for the entire shopping center, to reauthorize the
restaurant and account for the gradual loss of parking spaces over time due to
Americans with Disabilities Act upgrades (Project). Approval of this Project will
supersede Use Permit No. UP2001-002.
3. The Property is categorized as Neighborhood Commercial (CN) by the General Plan Land
Use Element and is located within the Commercial District of the Habor View Hills (PC 3)
Planned Community.
4. On April 5, 2001, the Planning Commission approved Use Permit No. UP2001-002
(UP2001-002) for a restaurant to operate late hours but without allowance for the sale
of alcohol. Section VIII(A) (Commercial Area 14 – Permitted Uses) of PC 3 indicates that
restaurants shall be allowed within the commercial district as specified within Title 20
(Planning and Zoning) of the Newport Beach Municipal Code (NBMC). Table 2-5
(Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning
District and Land Uses and Permit Requirements) of the NBMC specifies that
restaurants with alcohol sales and without late hour operations are allowed in all
commercial zoning districts subject to the approval of a MUP. As the Project will
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eliminate late hour operations, it is eligible for consideration by the Zoning Administrator
and consideration by the Planning Commission is not required.
5. Section 20.40.110(D) (Adjustments to Off-Street Parking Requirements) of the NBMC
allows the Community Development Director to reduce the number of required parking
spaces by a maximum of 20%. However, Section 20.50.30 (Multiple Permit Applications)
of the NBMC requires that multiple applications for the same project be processed
concurrently and be reviewed and approved, modified or denied by the highest review
authority, which in this case is the Zoning Administrator.
6. The Property is not located within the coastal zone.
7. A public hearing was held on October 16, 2025, online via zoom. A notice of the time,
place, and purpose of the hearing was given in accordance with Chapter 20.62 (Public
Hearings) of 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.
2. The Class 1 (Existing Facilities) exemption authorizes minor alterations of existing
structures with no or negligible expansion in use. The Project adds a Type 41 ABC license
to an existing restaurant and does not involve any physical alterations to the tenant
space, resting in a negligible expansion of use. Therefore, the Class 1 exemption is
applicable.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
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A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales)
of the Zoning Code.
In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC,
the following criteria must be considered:
1. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
a. The Property is located in an area the Newport Beach Police Department (NBPD)
has designated as Reporting District 52 (RD 52). A majority RD 52 encompasses
residential properties, apart from the Newport Hills Shopping Center. It is abutted
to the west by RD 51 and RD 53, to the south by RD 66, to the east by RD 61,
and to the north by RD 54.
b. The NBPD is required to report offenses of Part One Crimes combined with all
arrests for other crimes, both felonies and misdemeanors (except traffic citations)
to the ABC. Part One Crimes are the eight most serious crimes defined by the
FBI Uniform Crime Report – criminal homicide, rape, robbery, aggravated
assault, burglary, larceny-theft, auto theft, and arson. The RD 52 crime count for
2024 is 24, which is 79% below the citywide average of 112 crimes per RD. The
crime count for RD 52 is also lower than that of RD 51, RD 54 and RD 66.
c. The NBPD has reviewed the Project. Based on the location and limited
operational characteristics, the NBPD has no objections to the Type 41 (On-Sale
Beer and Wine – Eating Place) ABC License, subject to appropriate conditions of
approval, which are included in Exhibit “A” attached to this resolution.
d. Operational conditions of approval recommended by NBPD include, but are not
limited to, the requirement to prohibit the Restaurant from operating as a bar,
tavern, cocktail lounge, or nightclub and a closing hour of 10 p.m. to ensure
compatibility with the surrounding residential uses and to minimize alcohol-
related impacts such as noisy patrons and DUI.
2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
a. RD 52 was not reported to ABC as a high crime area and has lower crime as
compared to other reporting districts in the City. The highest volume of crime in
this area is theft. The highest volume arrest in the area is DUI. DUI, public
intoxication, and liquor law violations account for 33% of arrests in RD 52
However, pursuant to the Section 23958.4 of the California Professional and
Business Code (PBC), RD 52 does not meet the legal criteria for undue
concentration pertaining to crime.
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b. According to the NBPD memorandum, there was one call for service to the
Property in 2024; however, no arrests, crimes, or citations reported.
3. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
a. The nearest residential properties are located to the south and east of the
Property; however, the Restaurant is oriented to the north towards the shopping
center parking lot and is separated from the residences by over 200 feet.
Additionally, the residential community is situated approximately 20 feet above
the shopping center.
b. The nearest parks are Bonita Canyon Sports Park West, located approximately
600 feet northwest of the Restaurant and across Ford Road, and San Miguel Park
located approximately 2,100 feet south of the Restaurant. The nearest church
and school use is the St. Mathews Church and St. Mathews Montessori School,
located approximately 600 feet north of the Restaurant, across Ford Road. The
Newport Beach California Temple and Church of Jesus Christ of Latter-day
Saints are both located approximately 1,200 feet north of the Restaurant across
Bonita Canyon Drive. The Project is otherwise not located near other religious
facilities, daycare centers, parks, recreational facilities, schools, or other similar
uses that attract minors.
c. The Restaurant is not anticipated to be detrimental to the community because of
the large distances from sensitive land uses. Additionally, the Restaurant shall
be required to comply with all conditions of approval recommended by the NBPD.
4. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
a. There are four active ABC Licenses within RD 52 which are held by two
businesses also located within the shopping center. Taco Rosa restaurant holds
a Type 47 (On-Sale General – Eating Place) and a Type 58 (Caterer Permit) ABC
License, and Pavilions grocery store holds a Type 21 (Off-Sale General) and a
Type 86 (Instructional Tasting) ABC License. Taco Rosa is considered a bona
fide eating and drinking establishment and is not defined as bar, lounge, or night
club by the NBMC.
b. The Property is within Census Tract 626.45 which has a total of eight active on-
sale ABC Licenses. The Census Tract encompasses an area much larger than
RD 52 and also includes the Newport Coast Shopping Center and a population
of approximately 6,033 residents. This represents a per capita ratio of one license
per every 754 residents. Orange County has a per capita ratio of one license for
every 822 residents. Because the subject census tract exceeds the ratio of on-
sale ABC Licenses to population for the County, the area is deemed to have an
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undue concentration of alcohol licenses. The NBPD does not anticipate any
increase in crime or alcohol-related incidents with the approval of this Project
given the limited operational characteristics and a reduced closing time of 10 p.m.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
a. No objectionable conditions currently exist within the shopping center. Based on
ABC records, Pavilion’s and Taco Rosa have operated on the Property with ABC
Licenses since 1987 and 2004, respectively, and have not had operating issues,
complaints related to alcohol and have maintained their respective licenses in
good standing with ABC. The history of uses with alcohol sales within the shopping
center suggests that adding a Type 41 ABC License will not cause objectionable
conditions.
b. 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 NBPD relative to the sale
of alcoholic beverages will help ensure compatibility with the surrounding uses
and minimize alcohol related impacts.
Minor Use Permit
In accordance with 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 Property is categorized as Neighborhood Commercial (CN) by the Land Use Element
of the General Plan. Table LU1 (Land Use Plan Categories) of the Land Use Element
specifies that the CN category is intended to provide areas appropriate for a limited
range of retail and service uses developed in one or more distinct centers oriented to
primarily serve the needs of and maintain compatibility with residential uses in the
immediate area. The Project will add a Type 41 ABC License to an existing restaurant
which will enhance the menu offerings and better serve the surrounding neighborhood.
Therefore, the Project is consistent with the CN categorization
2. The Project is consistent with the following General Plan Land Use Element Policies:
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a. Land Use Policy LU 2.1 (Resident-Serving Land Uses): Accommodate uses that
support the needs of Newport Beach’s residents including housing, retail, services,
employment, recreation, education, culture, entertainment, civic engagement, and
social and spiritual activity that are in balance with community natural resources and
open spaces.
The Restaurant will add a Type 41 ABC License to further develop the dining
experience for residents of the surrounding community while not including any
expansion in floor area.
b. Land Use Policy LU 5.2.2 (Buffering Residential Areas): Commercial uses adjoining
residential neighborhoods be designed to be compatible and minimize impacts.
The Project will add alcohol service to the Restaurant through a Type 41 ABC
License and proposes an earlier closing hour of 10 p.m. The reduction in closing
hour from 12 a.m. to 10 p.m. should help ensure greater compatibility with nearby
residential properties located adjacent to the shopping center as operational noise
will cease earlier.
c. Land Use Policy 6.20.1 (Primary Uses) of the Land Use Element aims to
accommodate neighborhood-serving uses that complement existing development.
The Restaurant will continue to complement the existing mix of neighborhood-
serving uses within the Newport Hills Shopping Center and the Type 41 ABC
License, offering expanded menu options, will enhance the dining experience for
residents, workers and visitors to the City.
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 in the Zoning Code and Municipal Code.
Facts in Support of Finding:
1. The Property is located in the Commercial District of the Habor View Hills (PC 3) Planned
Community. PC 3 intended to provide areas appropriate for retail, service, office, medical
and dental and general commercial facilities necessary to support the Harbor View Hills
community. The Project will add a Type 41 ABC License to an existing restaurant, which
will enhance the menu offerings and will better serve the surrounding residential
community. The Project is therefore consistent with the intent of the Commercial District
of PC 3.
2. Section VIII(A) (Commercial Area 14 – Permitted Uses) of PC 3 provides that
restaurants shall be allowed within the commercial district as specified within Title 20
(Planning and Zoning) of the NBMC. Table 2-5 (Allowed Uses and Permit
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Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) of the NBMC specifies that restaurants with alcohol sales and
without late hour operations are allowed in all commercial zoning districts subject to
approval of a MUP.
3. The existing use permit for the Restaurant, UP2001-002, authorized up to 730 square
feet of net public area (NPA). Parking requirements in place at the time required onsite
parking be provided at a ratio of one space per 40 square feet of NPA, resulting in a 19-
space requirement (730 sq. ft. NPA / 40 = 18.25, rounded up). UP2001-002 waived seven
of the 19 required parking spaces.
4. On May 23, 2023, the City Council adopted Ordinance No. 2023-6 which further updated
commercial parking requirements in Title 20 (Planning and Zoning) of the NBMC,
including those for restaurants. The new standard requires one parking space per 100
square feet of gross floor area (GFA). As a result, the parking requirement for the
Restaurant increased from 19 to 26 spaces (2,600 sq. ft. GFA / 100 = 26), creating a
larger parking deficit.
5. Since the approval of UP2001-002, there have been changes to the shopping center
tenant mix and a reduction in total number of spaces available within the shopping center
parking lot due to mandatory parking lot restriping related to Americans with Disabilities
Act (ADA) upgrades. The shopping center currently requires 350 parking spaces,
inclusive of the Project, and only provides 317 parking spaces, and is considered
nonconforming. Therefore a 33 space, or a 9.4%, parking waiver is required to
reauthorize the restaurant’s use based on current parking requirements.
6. All facts in support of Finding I are hereby incorporated by reference.
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 Property is located at the intersection of Ford Road and San Miguel Drive. It is
bounded by Ford Road to the north with Bonita Canyon Sports Park and St Mathew’s
Church beyond, multi-unit residences to the east, single-unit residences to the south,
and San Miguel Drive to the west with single-unit residences beyond.
2. The Project is within the Newport Hills Shopping Center. The shopping center is
developed with two, single-story, multi-tenant buildings, one single-tenant commercial
building, a single-tenant service station and a 317-space shared surface parking lot. The
shopping center includes a diverse mix of tenants, including retail uses, a grocery store,
a bank, a dental office, a veterinary clinic and a service station.
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3. The NBPD has reviewed the request for a Type 41 ABC License for the Restaurant and
has no objections subject to specific conditions of approval. Condition of Approval Nos.
29 and 31 which prohibits the Restaurant from operating as a bar, tavern, cocktail lounge
or nightclub and prohibits any live entertainment or dancing. These conditions will help
ensure compatibility with the surrounding uses and minimize alcohol-related impacts such
as noisy patrons and DUI.
4. Condition of Approval No. 8 establishes allowable hours of operation from 6 a.m. to 10
p.m., daily. The proposed hours are consistent with other uses on the Property, including
the Pavilions grocery store, which operates from 6 a.m. to 10 p.m., daily. The proposed
hours of operation represent a reduction from those authorized by Use Permit No.
UP2001-002, which permitted a closing time of 12 a.m., daily.
5. Although the Restaurant is located within proximity of residential uses, the Restaurant is
oriented toward the shared parking lot and away from the residential properties.
Additionally, the Restaurant is separated from the residential properties by more than 200
feet and does not include any outdoor dining. Therefore, the Restaurant is not expected to
negatively impact the adjacent residential properties through adding alcohol service.
6. A restaurant has operated within this suite since 2001 with no significant or notable
operational issues. The current restaurant operator has occupied the suite since 2024.
The historic compatibility of a restaurant in this location suggests future compatibility,
including the addition of beer and wine, will be maintained.
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.
Facts in Support of Finding:
1. The Property is located within an existing shopping center and is adequately served by
existing public services and utilities. The tenant space underwent upgrades in 2024 for
the current Restaurant operator and does not require any physical improvements to
implement the Project.
2. Existing vehicular and pedestrian access points to the Property from San Miguel Drive
and Ford Road will be maintained, providing adequate public and emergency vehicle
access.
3. The Applicant is required to obtain ABC approval prior to engaging in the sale of
alcoholic beverages to help ensure the safety and welfare of customers and employees
within the Restaurant.
Finding:
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F. Operation of the use at the proposed location would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, 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 allow the Applicant to provide additional menu options for its patrons
and is not anticipated to endanger, jeopardize, or otherwise constitute a hazard to the
public.
2. The Property currently provides a total of 317 on-site parking spaces. The Project
includes Condition of Approval No. 9 which affords the Community Development
Director, Public Works Director, or the City Traffic Engineer the ability to require parking
mitigation measures if parking is determined to be a public nuisance to surrounding
properties.
3. The Project includes conditions of approval to help minimize potential conflicts with the
surrounding land uses as much as possible. Condition of Approval No. 14 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 Property and adjacent properties during business hours, if directly related to the
patrons of the establishment. Based on the NBMC requirements and the proposed
conditions of approval, the Project is not anticipated to be detrimental to the surrounding
community.
4. All facts in support of Finding A are hereby incorporated by reference.
5. Facts 3, 4 and 6 in support of Finding D is hereby incorporated by reference.
Staff Approval for Parking Waiver
In accordance with Section 20.40.110(D) (Adjustments to Off-Street Parking Requirements) of
the NBMC, the Community Development Director may authorize a reduction of off-street
parking by a maximum of 20% using a combination of the following:
Finding:
G. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available
Fact in Support of Finding:
A parking study was not used as justification for the reduction in parking.
Findings:
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Zoning Administrator Resolution No. ZA2025-##
Page 10 of 15
H. On-Site Bicycle Facilities. Required non-residential off-street parking may be reduced
where there is a demonstrated use of bicycles as a mode of transportation. The Director
may reduce the number of required parking spaces by one space for every three bicycle
parking spaces provided on the same site they serve, up to 5% of the total requirement
in compliance with the following conditions:
a. The applicant has provided sufficient evidence to substantiate that there exists a
demand for bicycle parking; and
b. The bicycle parking spaces are located completely within the private property they
serve.
c. An additional 5% reduction may be allowed when enhanced end-of-trip facilities are
provided on the same site they serve, including, but not limited to, showers and
locker facilities.
Fact in Support of Findings:
While on-site bicycle facilities were not used as justification for the parking waiver, there is an
onsite bike rack on the Property.
Findings:
I. Space for Shared Mobility. Required nonresidential off-street parking may be reduced
by up to 10% in compliance with the following conditions:
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire lane),
the development includes at least 20 linear and contiguous feet of on-site dedicated
curb-space located entirely on private property; or
b. There is one off-street parking space designated and with proper signage for the use
of shared-mobility vehicles and/or pick-up/drop-off located on private property and
on the same site it is intended to serve.
Facts in Support of Findings:
1. The Property currently has four designated parking spaces for use by pick-up patrons
located within the shared parking lot. Condition of Approval No. 7 requires the Applicant
to maintain the signage indicating that the parking spaces are reserved for pick-up
patrons.
2. The Community Development Director is satisfied that the designated pick-up parking
spaces for use by patrons of the shopping center are sufficient to waive 33 parking
spaces, or a 9.4% of the parking requirement for the shopping center.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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Zoning Administrator Resolution No. ZA2025-##
Page 11 of 15
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project
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 and Staff Approval filed as PA2025-0073, subject to the conditions set forth in
Exhibit “A”, which is attached hereto and incorporated by reference.
3. This resolution supersedes Use Permit No. UP2001-002, which upon vesting of the rights
authorized by this Minor Use Permit, shall become null and void.
4. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Chapter 20.64 (Appeals) of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF OCTOBER, 2025.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
17
Zoning Administrator Resolution No. ZA2025-##
Page 12 of 15
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING DIVISION
1. The Project shall be in substantial conformance with the floor plan, 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. A material violation of
any of those laws in connection with the use may cause the revocation of this approval.
4. The approval shall expire and become void 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.
5. This approval may be modified or revoked by the Zoning Administrator should they
determine 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.
6. Any major change in operational characteristics, expansion in area, or modification to
the approved plan shall require subsequent review by the Planning Division and may
require an amendment to or the processing of a new use permit.
7. The Owner shall maintain signage indicating that parking spaces are reserved for pick-
up patrons
8. Hours of operation shall be limited to between 6 a.m. to 10 p.m., daily.
9. If in the opinion of the Community Development Director, Public Works Director, or the
City Traffic Engineer, the Property is generating greater parking demand than anticipated
and is creating a parking nuisance, additional parking mitigations measures may be
required.
10. No outside paging system shall be utilized in conjunction with this establishment.
11. All noise generated by the restaurant shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control requirements of the
NBMC.
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Zoning Administrator Resolution No. ZA2025-##
Page 13 of 15
12. All proposed signs shall comply with the signage standards as specified in the
Commercial District of the Harbor View Hills (PC 3) Planned Community and Chapter
20.42 (Signs) of the NBMC.
13. The Property 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 Property is excessively illuminated.
14. The business operator shall take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the Property and adjacent properties during business hours, if directly
related to the patrons of the establishment.
15. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
16. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
17. 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. Graffiti shall be
removed within 48 hours of written notice from the City.
18. 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 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements).
19. Storage outside of the building in the front or at the rear of the Property shall be
prohibited, with the exception of the required trash container enclosure.
20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director
of Community Development, and may require an amendment to this Use Permit.
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Zoning Administrator Resolution No. ZA2025-##
Page 14 of 15
21. 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 NBMC to require such
permits.
22. 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.
23. Prior to the sale of any alcoholic beverages, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
24. 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 Chaupain Bakery including, but not limited to, the
Minor Use Permit and Staff Approval filed as PA2025-0073. 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.
Police Department
25. The ABC License shall be limited to Type 41 (On Sale Beer and Wine – Eating Place). Any
substantial change in the ABC License type shall require subsequent review and potential
amendment of this Minor Use Permit.
26. The Restaurant operator shall comply with all federal, state, and local laws, and all
conditions of the ABC License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
27. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of approval.
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Zoning Administrator Resolution No. ZA2025-##
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Records of each owner’s manager’s and employee’s successful completion of the required
certified training program shall be maintained on the premises and shall be presented upon
request by a representative of the City of Newport Beach.
28. The Restaurant shall close no later than 10 p.m.
29. This Restaurant shall not be permitted to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
30. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
31. Live entertainment and dancing shall be prohibited.
32. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
33. Food service from the regular menu shall be made available to patrons until closing.
34. The business operator or owner 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.
35. 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.
36. 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.
21
Attachment No. ZA 2
Vicinity Map
22
VICINITY MAP
Minor Use Permit & Staff Approval
(PA2025-0073)
2622 San Miguel Drive
Subject Property
23
Attachment No. ZA 3
Applicant’s Project Description Letter
24
SEFB Company
MUP: 2622 San Miguel Rd., Newport Beach, CA 92660 – On Sale Type 41 Beer/Wine Eating
Place
Project Description:
We are requesting a MUP for a cafe restaurant full service with a type 41 on sale beer & wine
eating place license. Issued to restaurants. Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises
(except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and
maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen
facilities and must make actual and substantial sales of meals for consumption on the
premises. Minors are allowed on the premises. 2,600 sq ft restaurant. our hours are 6:00 am
to 10:00 pm daily. We usually close around 8:00 pm but would like the flexibility in case we
are busy to stay open later on weekends.
Kevin S. Hufford | President
ABC Liquor Consultants
100 Wilshire Blvd. Ste. 700
Santa Monica, CA 90401
213.600.7355 (O)
818.458.1541 (M)
Kevin@abcliquorconsultants.com
www.ABCliquorconsultants.com
25
Attachment No. ZA 4
Project Plans
26
27
[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.
From: QS Wang <song573@me.com>
Sent: October 06, 2025 4:05 PM
To: Arregui, Jerry <JArregui@newportbeachca.gov>
Subject: Opposition to Minor Use Permit Application No. PA2025-0073 (Chaupain Bakery, 2622 San
Miguel Drive)
Dear Zoning Administrator and Planning Division,
I am writing to express my opposition to the proposed Minor Use Permit
(PA2025-0073) for Chaupain Bakery at 2622 San Miguel Drive, which seeks
approval for a Type 41 (On-Sale Beer and Wine – Eating Place) license and
modification of existing operating hours.
While I appreciate local businesses contributing to the community, I have
serious concerns about allowing alcohol sales at this location within the
Newport Hills Shopping Center. The surrounding area includes residential
neighborhoods and family-oriented establishments, and the introduction of
on-site alcohol service could increase noise, public safety issues, and
disturbances to nearby residents — particularly during evening hours.
Additionally, the request to waive on-site parking requirements may further
strain the already limited parking availability for existing tenants and
customers. This could negatively impact overall accessibility and
convenience for the community.
For these reasons, I respectfully urge the City to deny this permit request.
Maintaining the current operating conditions and restrictions would better
preserve the safety, tranquility, and character of the neighborhood.
Thank you for your attention and for considering community feedback on this
matter.
Zoning Administrator - OCTOBER 16, 2025 Item No. 5a Additional Materials Received Chaupain Bakery Minor Use Permit and Staff Approval (PA2025-0073)
Sincerely,
Eric Wang
2300 Port Lerwick Pl, Newport Beach, CA, 92660
Zoning Administrator - OCTOBER 16, 2025 Item No. 5a Additional Materials Received Chaupain Bakery Minor Use Permit and Staff Approval (PA2025-0073)