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HomeMy WebLinkAboutZA2026-004 - APPROVING A COASTAL DEVELOPMENT PERMIT AND MINOR USE PERMIT FOR A TAKE-OUT SERVICE — FAST CASUAL EATING AND DRINKING ESTABLISHMENT LOCATEDCommunity Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 29, 2026 Attn: Christian Velasquez chris.tsdesign@outlook.com Subject: Minor Use Permit 306 Main Street Ice Cream Shop (PA2025-0209) Dear Mr. Velasquez, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on January 29, 2026 and effective on February 13, 2026. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ____________________________ Laura Rodriguez, Assistant Planner c: Mina Awad stmarkco@mail.com Operator RESOLUTION NO. ZA2026-004 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT FOR A TAKE-OUT SERVICE — FAST CASUAL EATING AND DRINKING ESTABLISHMENT LOCATED AT 306 MAIN STREET (PA2025-0103) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christian Velasquez (Applicant), on behalf of the operator Mina Awad, concerning property located at 306 Main Street and legally described as Block 11 of the Balboa Tract (Property) requesting approval of a minor use permit. 2. The Applicant proposes an ice cream shop (Take-Out Service – Fast Casual) within an existing 610-square-foot commercial suite. The project includes an interior tenant improvement to the existing suite. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application (Project). 3. The Property is designated Mixed-Use Vertical (MU-V) by the General Plan Land Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Vertical (MU-V), and it is located within the Mixed-Use Vertical (MU-V) Coastal Zoning District. The Project will not result in an increase in required parking from the previous retail use. Therefore, a coastal development permit (CDP) is not required for the Project. 5. A public hearing was held on January 29, 2026, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) under Section 15301 under Class 1 (Existing Facilities) 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 exemption authorizes minor alterations of existing structures involving negligible or no expansion of use. In this case, the Project is an ice cream shop that involves alterations to the interior floor plan of an existing commercial space with no expansion in floor area. Therefore, the Class 1 exemption is applicable. Zoning Administrator Resolution No. ZA2026-004 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. By Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan Facts in Support of Finding: 1. The Land Use Element of the General Plan designates this Property as Mixed-Use Vertical (MU-V) which is intended to provide for the development of properties for mixed - use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. In this case, the Project is converting an existing retail store into an ice cream shop within a two-story mixed-use building. Therefore, the Project is consistent with the intent of the MU-V Land Use Element. Additionally, the Property is also surrounded by similar and complementary uses such as retail sales and other eating and drinking establishments. 2. The Property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located within the Mixed-Use Vertical (MU-V) Zoning District. Table 2-8 of NBMC Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) allows a Take-Out Service—Fast Casual use subject to approval of a minor use permit, if within 100 feet of a residential zoning district. A Take-Out Service— Fast Casual use is defined as an establishment that sells food or beverages, with the exception of alcohol, primarily for off-site consumption, where customers order and pay for food at either a counter or service window and up to a maximum of up to 20 seats including seats in interior areas and seats in outdoor dining areas are provided for on - site consumption of food or beverages. In this case, the Project is proposing a take-out service ice cream shop, and while 20 seats are permitted, no seating is currently proposed. A minor use permit is required because the Property is 30 feet westerly from a residential zoning district. 2. The Property does not have on-site parking available for the Project. Therefore, the Property is considered legal, nonconforming due to insufficient parking. The Project is utilizing a space previously occupied by a retail store which carried a parking rate of one space per 250 square feet of gross floor area. In comparison, the Project would also require an off-street parking rate of one space per 250 square feet of gross floor area Zoning Administrator Resolution No. ZA2026-004 Page 3 of 8 for a Take-Out Service – Fast Casual use. Pursuant to NBMC Sections 20.38.060 and 21.38.060 (Nonconforming Parking), a use with nonconforming parking may be changed to a new use allowed in that coastal zoning district without requiring additional parking provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs, and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. Additionally, the Project has an identical parking rate of one space per 250 square feet of gross floor area and is not increasing the existing gross floor area. Therefore, additional parking and a CDP are not required. 3. As conditioned, the Project will comply with NBMC Section 20.48.090 (Eating and Drinking Establishments) which specifies standards for eating and drinking establishments. While the Project is not proposing seating, the Project shall be limited to a maximum of 20 seats for use by patrons. 4. The Property is located in the Balboa Village Parking Management Overlay District. Pursuant to NBMC Section 20.28.030 (D)(1)(d)(Required Off-Street Parking) no off- street parking shall be required for this Project. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Project is compatible with the existing and allowed uses in the area, which consists of a mix of residential and commercial uses such as retail sales, and eating and drinking establishments. The Property is located among other commercial uses along Main Street and East Bay Avenue within a two-story mixed-use building. Residential uses are located behind the Property along East Bay Avenue. 2. The Project includes tenant improvement of an existing 610-square-foot commercial suite. The size of the existing suite will not increase as part of this Project . 3. The Applicant will be responsible in ensuring that trash is stored within the building, and thereby preventing any odor or related issues for the adjacent properties. 4. The Project’s hours of operation are limited to 10:00 a.m. to 10:00 p.m. daily. No late hours are requested as a part of this application. These hours of operation will minimize any disturbance to residences near the property. 5. Fact 2 in Support of Finding B is hereby incorporated as reference. Zoning Administrator Resolution No. ZA2026-004 Page 4 of 8 Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Property is 3,600 square feet in area, square in shape, and on the corner of Main Street and East Bay Avenue. The Property is surrounded by other commercial uses in the area, and pedestrian access is available at the front of the Property along Main Street and at the side of the Property along East Bay Avenue. 2. The Fire Department reviewed the Project to ensure adequate public and emergency vehicle access is provided. 3. The Public Works Department, Building Division, and Fire Department have reviewed the application. The Project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City -adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Project will add an additional take-out dessert option to Main Street on Balboa Peninsula and will occupy a commercial suite that previously operated as retail. 2. The Project includes limited hours, no alcohol service, and is limited to a maximum of 20 indoor seats. The Project meets the parking requirement pursuant to NBMC Section 21.38.060 (Nonconforming Parking) and is not anticipated to create a significant impact or increase in demand for on-street parking in this area. 3. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to 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 will not result in a detriment to the surrounding community. Zoning Administrator Resolution No. ZA2026-004 Page 5 of 8 4. The Applicant is required to obtain Health Department approval prior to opening for business, and to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment . 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. PA2025-0103 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 Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JANUARY, 2026. _____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2026-004 Page 6 of 8 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 and 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 be caused the revocation of this Minor Use Permit. 4. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 5. The hours of operation for this establishment shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily. 6. 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. 7. 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 Minor Use Permit may be required. 8. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 9. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Zoning Administrator Resolution No. ZA2026-004 Page 7 of 8 10. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: 11. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 12. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday . Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. Trash shall be stored within the building, thereby preventing any odor or related issues for the adjacent properties. Storage of trash shall be screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 15. Trash receptacles for patrons shall be conveniently located inside of the establishment ; however, not located on or within any public property or right-of-way. 16. 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. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit . 18. Storage outside of the building in the front or at the rear of the property shall be prohibited. 19. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Newport Beach Municipal Code Section 20.54.060 (Time Limits and Extensions). Zoning Administrator Resolution No. ZA2026-004 Page 8 of 8 21. 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 306 Main Street Ice Cream Shop including, but not limited to, Minor Use Permit (PA2025-0103). 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 the 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. Fire Department 22. The Applicant shall provide illuminated exit signage at the entrance door of the tenant space. 23. The Applicant shall provide a minimum of a 2A-10BC fire extinguisher within the tenant space. Building Division 24. A building permit shall be required for change of use and/or occupancy. 25. An accessible path of travel from public right of way shall be required per 11B -202.4. Public Works Department 26. No encroachments shall be permitted within the public right of way including but not limited to outdoor dining, signs, or display items.