Loading...
HomeMy WebLinkAbout03_Main Street Ice Cream Shop Coastal Development Permit and Minor Use Permit_PA2025-0103CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 29, 2026 Agenda Item No. 3 SUBJECT: 306 Main Street Ice Cream Shop (PA2025-0103) ▪Minor Use Permit SITE LOCATION: 306 Main Street APPLICANT: Christian Velasquez PLANNER: Laura Rodriguez, Assistant Planner lrodriguez@newportbeachca.gov, 949-644-3216 LAND USE AND ZONING •General Plan Land Use Plan Category: Mixed-Use Vertical (MU-V) •Zoning District: Mixed-Use Vertical (MU-V) •Coastal Land Use Plan Category: Mixed-Use Vertical (MU-V) •Coastal Zoning District: Mixed-Use Vertical (MU-V) PROJECT SUMMARY The applicant is requesting a minor use permit to allow 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. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3)Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use Permit filed as PA2025-0103 (Attachment No. ZA 1). 1 306 Main Street Ice Cream Shop (PA2025-0103) Zoning Administrator, January 29, 2026 Page 2 DISCUSSION • The property is located on the corner of East Bay Avenue and Main Street on Balboa Peninsula and is currently developed as a two-story mixed-use building. The property is adjacent to a variety of commercial uses along Main Street and East Bay Avenue and the suite is currently occupied by a retail use. Figure 1: Oblique Image of Project Site • The property is located within the coastal zone and does not include on-site parking. Therefore, the project site is considered legal, nonconforming due to insufficient parking. NBMC Section 20.40.040 (Off-Street Parking Spaces Required) requires an off-street parking rate of one space per 250 square feet of gross floor area for a Take-Out Service – Fast Casual use. In this case, the project is utilizing a space previously occupied by a retail use which has the same parking requirement. Pursuant to NBMC Section 21.38.060 (Nonconforming Parking), a use with nonconforming parking may be chan ged to a new use allowed in that coastal zoning district without requiring additional parking provided no Subject Property 2 306 Main Street Ice Cream Shop (PA2025-0103) Zoning Administrator, January 29, 2026 Page 3 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. In this case, 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 coastal development permit are not required. • The project will convert an existing retail store into an ice cream shop. The project’s hours of operation are limited to 10:00 a.m. to 10:00 p.m. daily. No late hours or alcohol sales are requested as a part of this application. • 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. Additional residential uses are located behind the property along East Bay Avenue. • 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, staff believes that the project will not result in a detriment to the surrounding community. 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 hearing 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. 3 306 Main Street Ice Cream Shop (PA2025-0103) Zoning Administrator, January 29, 2026 Page 4 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 and Justification Letter ZA 4 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2026-### 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), 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. 6 Zoning Administrator Resolution No. ZA2026-### 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 7 Zoning Administrator Resolution No. ZA2026-### Page 3 of 8 for a Take-Out Service – Fast Casual use. Pursuant to NBMC Section 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. 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 8:00 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. 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. 8 Zoning Administrator Resolution No. ZA2026-### Page 4 of 8 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. 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 . 9 Zoning Administrator Resolution No. ZA2026-### Page 5 of 8 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. _____________________________________ Ben Zdeba, AICP, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2026-### 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. 11 Zoning Administrator Resolution No. ZA2026-### 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). 12 Zoning Administrator Resolution No. ZA2026-### 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. 13 Attachment No. ZA 2 Vicinity Map 14 VICINITY MAP Minor Use Permit (PA2025-0103) 306 Main Street Subject Property 15 Attachment No. ZA 3 Project Description and Justification Letter 16 Project Description and Justification Statement Pursuant to Newport Beach Municipal Code Section 20.52.020(F) Project Address: 306 Main Street, Newport Beach, CA 92661 Applicant: Christian Velasquez Application Type: Minor Use Permit Zoning District: MU-V (Mixed-Use Vertical) Project Description The applicant proposes to establish a small, walk-up neighborhood-serving ice cream store within an existing commercial tenant space located at 306 Main Street, in the Balboa Village area of Newport Beach. The proposed use will involve limited tenant improvements to accommodate a counter-service setup, including freezers, prep stations, and a customer ordering area. No exterior building modifications are proposed, and any signage will comply with Chapter 20.42 of the Newport Beach Municipal Code. The use is intended to operate during daytime and early evening hours, serving both residents and visitors of the area. The shop will offer hand-scooped and pre-packaged ice cream, non-alcoholic beverages, and related treats. This type of use is consistent with the community’s pedestrian-oriented, visitor-serving goals and complements the commercial mix in Balboa Village. Justification and Required Findings (NBMC §20.52.020(F)) 1. The use is consistent with the General Plan and any applicable specific plan. The General Plan designates this area for mixed-use development that supports active street-level retail and service uses, particularly in walkable coastal districts. The proposed ice cream shop contributes to this objective by offering a low-impact, pedestrian-oriented business that enhances the area’s coastal character and community-serving function. The use is also consistent with the intent of the MU-V zone, which encourages vertical mixed-use development with active ground-floor uses. 2. The use is allowed within the subject zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. The MU-V zoning designation permits food service uses such as ice cream shops subject to a Minor Use Permit. The project complies with all development standards 17 applicable to the zone, including use classification, operating characteristics, and site design. No variances or exceptions are requested. The use meets all applicable health, safety, and building code requirements. 3. The design, location, size, and operating characteristics of the use are compatible with the existing and future land uses in the vicinity. The proposed ice cream shop will occupy a small, street-facing retail unit on Main Street, consistent with other food service and retail establishments in the area. The design and scale of the business are compatible with the surrounding pedestrian- focused environment. No significant traffic, noise, or public service impacts are anticipated. The use supports both neighborhood and visitor activity. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The subject site is fully improved and was previously occupied by a commercial use. It includes all necessary utility connections and access from the public right-of-way. No site constraints exist that would hinder the operation of the proposed business. The proposed use is consistent with the physical capabilities of the site. 5. Operation of the use would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The use will be a clean, safe, and family-oriented retail food establishment. It is not anticipated to create any detrimental impacts on the surrounding community. No amplified sound, alcohol service, or late-night operations are proposed. The project encourages walkability, supports local commerce, and adds vibrancy to the district. Conclusion The proposed ice cream shop at 306 Main Street is a compatible, low-impact use that will enhance the neighborhood’s walkable commercial core while fulfilling the intent of the MU- V zoning district. The business promotes pedestrian activity and contributes to the area's social and economic vitality. All findings required under Newport Beach Municipal Code Section 20.52.020(F) can be made in support of this application, and approval of the Minor Use Permit is respectfully requested. Respectfully submitted, Christian Velasquez chris.tsdesign@outlook.com Date: 6-11-25 18 Attachment No. ZA 4 Project Plans 19 60 ' 30 ' 60'60' 60' 6 7 5 (E)FIRST FLOOR COMMERCIAL UNIT 306 610.0 SF SCALE: SITE PLAN 1/8"=1'-0" TRUE NORTH (E)ONE STORY TWO CAR GARAGE FIRST FLOOR COMMERCIAL UNIT 304 1/2 N.I.C. ( VACANT ) FIRST FLOOR COMMERCIAL UNIT 304 N.I.C. UNIT 300 N.I.C. ADJACENT STRUCTURE NOT IN SCOPE OF WORK 60 ' 30 ' 60'30' ADJACENT STRUCTURE NOT IN SCOPE OF WORK FIRST FLOOR COMMERCIAL UNIT 304 N.I.C. ( VACANT ) 60 ' 30 ' 60'60'60' 6 7 5 (E)ONE STORY GARAGE OCCUPANCY S-2 ADJACENT SPACE OCCUPANCY M COMMERCIAL BUILDING N.I.C. ADJACENT PROPERTY N.I.C. SCALE: FIRST FLOOR - OCCUPANCY GROUP 1/8"=1'-0" COMMERCIAL BUILDING N.I.C. 60 ' 30 ' 60'60' 60' 6 7 5 SECOND FLOOR UNITS OCCUPANCY R-2 COMMERCIAL BUILDING N.I.C. ADJACENT PROPERTY N.I.C. SCALE: SECOND FLOOR - OCCUPANCY GRUOP 1/8"=1'-0" PROJECT SPACE OCCUPANCY M GARAGE OCCUP. S-2 ADJACENT PROPERTY N.I.C. Pr o j e c t N a m e : Rev #Revision Date: Ow n e r : Project Number: Drawn By: Draw Date: Sheet Number: Ad d r e s s : Ph o n e : TO T A L S C O P E D E S I G N I N C . AR C H I T E C T U R A L D R A F T I N G 78 4 0 F I R E S T O N E B L V D S U I T E 2 0 3 D O W N E Y C A 9 0 2 4 1 TO T A L S C O P E D E S I G N @ O U T L O O K . C O M K 4-3-25 CV 25-111 CH A N G E O F U S E & T I IM P R O V E M E N T ( N O N - B E A R I N G ) ED N A 94 9 - 9 2 9 - 5 4 0 7 30 6 M A I N S T NE W P O R T , C A 9 2 6 6 1 -- -- -- -- -- -- 1. SAFETY; CONFIRM TO APPLICABLE CAL/OSHA CONSTRUCTION SAFETY ORDERS AND RELATED SAFETY REGULATIONS FOR ALL WORK DONE DURING CONSTRUCTION. 2. ALL WATER CLOSETS TO BE ULTRA LOW FLUSH W/ 1.6 GAL. PER FLUSH MAX. OR DUAL FLUSH TANK, ALL SHOWER HEADS TO BE LOW FLOW TYPE, A DEVICE TO ABSORB HIGH PRESSURES FROM QUICK CLOSING VALVES SHALL BE PROVIDED. 3. ALL SHEET FLOW DEVICES SHALL MAINTAIN A 1/4" INCH PER FOOT SLOPE TYP. ALL WALLS CONTAINING HORIZONTAL VENTS OR 4" PIPES SHALL BE MADE OF 2x6 STUDS @ 16" O.C. MIN. TYP. 4. WALKS AND SIDEWALKS SHALL HAVE A 48"IN. WIDE CONTINUOUS COMMON SURFACE NOT INTERRUPTED BY STEPS, CURBS OR ABRUPT CHANGES AND FLOOR LEVEL EXCEEDING 1 2" TYP. 5. EXIT DOORS AND BARS, GRILLES, GRATES, OR SIMILAR DEVICES PLACED OVER EXIT DOORS, SHALL BE OPENABLE FROM THE INSIDE WITHOUT THE USE OF A KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT. 6. AFFIX AN INTERNATIONAL ACCESSIBILITY SIGN AND SYMBOL ON ALL ACCESSIBLE ENTRANCES TO THE BUILDING AND PARKING SPACES 7. REQUIRED EXITS SHALL BE 3'-0" WIDE BY 6'-8" HIGH MINIMUM AND PROVIDE A 32" CLEAR OPENING WITH THE DOOR OPEN AT 90% MINIMUM INCLUDING AUTOMATIC DOORS, MEASURED FROM FACE OF DOOR TO OPPOSITE DOOR STOP 8. PAIR OF DOORS SHALL HAVE ONE PANEL WITH A 32" CLEAR UN-OBSTRACTED OPENING WITH THE PANEL OPENED AT 90° INCLUDING AUTOMATIC DOORS 9. INSTALL ELECTRICAL RECEPTACLES BETWEEN 15" AND 48" A.F.F. 10. INSTALL SWITCHES FOR USED BY ROOM OCCUPANCY TO CONTROL LIGHTING APPLIANCES OR ENVIRONMENTAL EQUIPMENT 36" 48" A.F.F. OR 36" TO 44" IF THEY REACH OVER AND OBJECT EXCEEDS 20" 11. CONTROLS AND OPERATING MECHANISM TO OPERATE WITH ONE HAND NOT TO REQUIRE TIGHT GRASPING, PINCHING OR TWISTING OF THE WRIST AND A MAX OF 5LBS FORCE TO ACTIVATE CONTROLS 14. A FORCE OF 5 LB MINIMUM EFFORT TO OPERATE EXTERIOR AND INTERIOR DOORS AND 15LBS MIN. FOR FIRE EXIT DOORS ARE REQUIRED 15. EXIT SIGNS, EXIT WAYS, MUST BE ILLUMINATED AT ANYTIME BY BUILDING OCCUPANCY 16. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY ELIMINATED OR SHALL BE OF AN APPROVED SELF-LIMITED TYPE 17. SMOKING IS PROHIBITED IN IN CLOSE PLACE OF EMPLOYED PROVIDE A SIGN STATING "NO SMOKING" AT EACH ENTRANCE TO THE BUILDING (STATE A.B. # 13) 18. POST A SIGN ADJACENT TO THE REQUIRED MAIN EXIT DOOR WITH 1" LETTERING STATING: " THIS DOOR MUST REMAIN UNLOCKED DURING BUSINESS HOURS". 19. CONTRACTOR SHALL RESOLVE ANY CONFLICT IN THE PLANS OF SITE CONDITIONS PRIOR TO STARTING WORK AND SHALL PROVIDE ALL NECESSARY BRACING FOR ALIGNMENT AND STABILITY OF THE STRUCTURE AND EXCAVATION, ETC. 20. DO NOT SCALE DRAWING VERIFY ALL DIMENSIONS WITH LOT SIZE AND LOCATION. 21. PERMIT APPLICATION FOR THIS PROTECT IS DEEMED TO HAVE BEEN ABANDONED 180 AFTER THE DATE OF FILING. CONTACT CITY / COUNTY BUILDING DEPARTMENT TO OBTAIN WRITTEN 90-DAY EXTENSION(S) . (CBC APPENDIX 105.5) 22. PEDESTRIANS SHALL BE PROTECTED DURING CONSTRUCTION, REMODELING AND DEMOLITION ACTIVITIES AS REQUIRED BY COUNTY OF L.A. BUILDING CODE CHAPTER 33 PLAN NOTES: BUILDING SUMMARY SCOPE OF WORK EXISTING TWO STORY STRUCTURE MIX USE ( COMMERCIAL FIRST FLOOR & RESIDENTIAL SECOND FLOOR W/ ATTACHED GARAGE AT REAR EXISTING RETAIL SPACE TO BE CONVERTED INTO ICE-CREAM STORE, NON-STRUCTURAL, TENANT IMPROVEMENT INTERIOR 1) METAL STUD PARTITION, 2) SUSPENDED CEILING SYSTEM, 3) LIGHTING, 4) EMP AND 5) MILLWORK NO CUSTOMER RESTROOM OR ON-SITE DINING "ICE CREAM TO BE PURCHASED" AREA OF WORK APPROX. 610.0 SQ. FT. (E) RETAIL STORE TOTAL 610.0 SQ. FT. 610.0 SQ. FT. CONSTRUCTION AREA COMMERCIAL SPACE 306 MAIN ST CHANGE OF USE & TENANT IMPROVEMENT APN: 048-131-06 ADDRESS:306 MAIN ST NEWPORT BEACH CA 92661 LOT NUMBER:1 BLOCK NUMBER:11 LEGAL DESCRIPTION: A TR BALBOA TR BLK 11 LOT 1 BALBOA TR BLK 11 NLY 60 FT (AND NLY 60 FT SPRINKLERS:NO CONSTRUCTION TYPE: II-B BUILDING OCCUPANCY GROUP: FIRST FLOOR ( M ) BUILDING OCCUPANCY GROUP: SECOND FLLOR ( R-2 ) ATTACHED GARAGE OCCUP. GROUP: S-2 ADJACENT OCCUPANCY:FIRST FLOOR ADJACENT TO 306 ( M ) RETAIL ONSITE PARKING:NO PUBLIC PARKING:YES LAND USE: STORE/OFFICE ( MIX USE) ZONE:COMMERCIAL NEIGHBORHOOD STORIES:2 SITE HAZARDS:LIQUEFACTION SEISMIC, HAZARD ZONE AND AO1 SPECIAL FLOOD HAZARD AREA PROPERTY DATA THE CURRENT CODE IS THE 2022 CALIFORNIA RESIDENTIAL CODE THE FOLLOWING NOTED, TYPICAL DETAILS AND SCHEDULES SHALL APPLY TO ALL DRAWINGS UNLESS OTHERWISE SHOWN OR NOTED. DESIGN IS BASED ON THE REQUIREMENTS OF THE FOLLOWING CODES: 2022 CALIFORNIA BUILDING (CBC), 2022 CALIFORNIA MECHANICAL (CMC) 2022 CALIFORNIA PLUMBING (CPC) 2022 CALIFORNIA ELECT. (CEC) 2023 CALIFORNIA ENERGY CODE (CEnC), 2022 BUILDING ENERGY EFFICIENCY STANDARDS 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGreen) COVER SHEET EXISTING & PROPOSED FLOOR PLAN SITE PLAN SHEET INDEX SHEET NO. SHEET DESCRIPTION A-1 A-2 VICINITY MAP K ADDITIONAL NOTES: 1.1 2" MAX THRESHOLD & SIGNAGE OVER DOOR TO READ "DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS" LETTERS 1 INCH HIGH ON A CONTRASTING BACKGROUND PER 1010.2.4#3.2 CBC 2. HANDLES, PULLS, LATCHES, LOCKS, AND OTHER OPERABLE PARTS ON DOORS AND GATES SHALL COMPLY WITH SECTION 11B-309.4. OPERABLE PARTS OF SUCH HARDWARE SHALL BE 34 INCHES (864 MM) MINIMUM AND 44 INCHES (1118 MM) MAXIMUM ABOVE THE FINISH FLOOR OR GROUND. WHERE SLIDING DOORS ARE IN THE FULLY OPEN POSITION, OPERATING HARDWARE SHALL BE EXPOSED AND USABLE FROM BOTH SIDES. 3. OPERABLE PARTS SHALL BE OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE TIGHT GRASPING, PINCHING OR TWISTING OF THE WRIST. THE FORCE REQUIRED TO ACTIVATE OPERABLE PARTS SHALL BE 5 POUNDS (22.2 N) MAXIMUM. 4. THE BOTTOM 10 INCHES OF ALL DOORS EXCEPT AUTOMATIC AND SLIDING SHALL HAVE A SMOOTH, UNINTERRUPTED SURFACE. CBC 11B-404.2.10 5. PLANS TO BE COMPLIANCE WITH CBC 11B APPLIANCE SPEC LIST & FORMSN-1 ADA REQUIREMENTSADA-1 (N) ICE CREAM STORE 610.0 SQ. FT. CONSULTANTS TOTAL SCOPE DESIGN INC. DESIGNER: CHRISTIAN VELASQUEZ ADDRESS: 7840 FIRESTONE BLVD STE 203 DOWNEY CA 90241 PHONE: 562-256-4227 TITLE PAGE ( ELECTRICAL )E-1 CONSTRUCTION SPECIFICATIONS ABBREVIATIONS, SYMBOLS & LEGEND E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 E-10 E-11 SITE PLAN POWER PLAN LIGHTING PLAN EGRESS PHOTOMETRICS SINGLE LINE DIAGRAM & LOAD SCHEDULES TITLE 24 TITLE 24 FORMS & DETAILSN-2 20 Pr o j e c t N a m e : Rev #Revision Date: Ow n e r : Project Number: Drawn By: Draw Date: Sheet Number: Ad d r e s s : Ph o n e : TO T A L S C O P E D E S I G N I N C . AR C H I T E C T U R A L D R A F T I N G 78 4 0 F I R E S T O N E B L V D S U I T E 2 0 3 D O W N E Y C A 9 0 2 4 1 TO T A L S C O P E D E S I G N @ O U T L O O K . C O M N-1 4-3-25 CV 25-111 CH A N G E O F U S E & T I IM P R O V E M E N T ( N O N - B E A R I N G ) ED N A 94 9 - 9 2 9 - 5 4 0 7 30 6 M A I N S T NE W P O R T , C A -- -- -- -- -- -- 21 Pr o j e c t N a m e : Rev #Revision Date: Ow n e r : Project Number: Drawn By: Draw Date: Sheet Number: Ad d r e s s : Ph o n e : TO T A L S C O P E D E S I G N I N C . AR C H I T E C T U R A L D R A F T I N G 78 4 0 F I R E S T O N E B L V D S U I T E 2 0 3 D O W N E Y C A 9 0 2 4 1 TO T A L S C O P E D E S I G N @ O U T L O O K . C O M N-2 6-24-25 CV 25-111 CH A N G E O F U S E & T I IM P R O V E M E N T ( N O N - B E A R I N G ) ED N A 94 9 - 9 2 9 - 5 4 0 7 30 6 M A I N S T NE W P O R T , C A -- -- -- -- -- -- 22 SALES AREA 161.0 SF 1 E E E SCALE:1/4"=1'-0" PROPOSED FLOOR PLAN ICE CREAM MACHINE ICE MAKER CO F F E E M A K E R 15 " W x 7 " D x 8 " H TOPPING MACHINE 49L x 35D x 32H DOOR REFRIGERATOR DESERT DISPLAY 37L x 35D x 50H PREP AREA 216.0 SF WAREWASHING AREA 31.0 SF RESTROOM 39.0 SF EMPLOY LOCKERS 2 EXIT 1 A-1 3 A-2 2 CT CT 8 ADA-1 5 A-2 CHEMICAL STOR. ICE CREAM MACHINE 3 A-1.1 DRY STORAGE BACK ROOM 50.0 SF W/H SCALE:1/4"=1'-0" INTERIOR ELEVATION @ DRY STORAGE DESERT DISPLAY 37L x 35D x 50H Pr o j e c t N a m e : Rev #Revision Date: Ow n e r : Project Number: Drawn By: Draw Date: Sheet Number: Ad d r e s s : Ph o n e : TO T A L S C O P E D E S I G N I N C . AR C H I T E C T U R A L D R A F T I N G 78 4 0 F I R E S T O N E B L V D S U I T E 2 0 3 D O W N E Y C A 9 0 2 4 1 TO T A L S C O P E D E S I G N @ O U T L O O K . C O M A-1 4-3-25 CV 25-111 CH A N G E O F U S E & T I IM P R O V E M E N T ( N O N - B E A R I N G ) ED N A 94 9 - 9 2 9 - 5 4 0 7 30 6 M A I N S T NE W P O R T , C A 9 2 6 6 1 -- -- -- -- -- -- OCCUPANT LOAD FACTOR FUNCTION OF SPACE OCCUPANCY PREP AREA OCCUPANT AREA IN SQFT. 5 NET TOTAL: 14 NUMBER OF EXITS SPACE AREA RETAIL AREA 1 OCCUPANT LOAD EXISTS 610.0 14 EXIT WIDTH 14 x0.2 / PERSON = 2.8 INCHES DOOR SCHEDULE DOOR NO.DOOR SIZE THICK TYPE SC REMARKSMATERIALHC WINDOW SCHEDULE MARK SIZE MATERIAL TYPE REMARKS UFACTOR SHGC. E COMMENTS NO CHANGE 2 FINISH SCHEDULE BASE WALLS CEILING HT. UNDER STRUCTURAL DECK REMARKSCEILINGFLR.ROOM BATHROOM PREP AREA 1 3'-0" x 7'-0"WOODWOOD 3''-0" x 6'-8"WOODWOOD 1 34" 1 38" COVE TILE EXIT INSTALL ILLUMINATED EXIT SIGN AT PATH OF TRAVEL - VISIBLE FROM ALL DIRECTIONS - - LEGEND EXTERIOR OR INTERIOR WALL ELEVATIONS DOOR TYPE AND SIZE SEE SCHEDULE WINDOW TYPE AND SIZE SEE SCHEDULE SECTION OR DETAIL SEE PLAN NEW METAL STUD FRAMING PER DETAILS ( 1/A-2, 2/A-2 & 3/A-2 ) ELECTRICAL SYMBOLS LIGHT SWITCH GFIC / ARC FAULT, TAMPER RESISTANCE OUTLETS VACANCY SWITCH SENSOR 9'-10"COVE TILE CAN LIGHT RECESSED IN CLG. (I.C. RATED) LED (W/ DIMMERS) HIGH EFFICACY 1ST FLOOR RECESSED IN CLG TO BE 1-HR FIRE RATED MECH. IAQ EXHAUST FAN CLG. MOUNT. W/ BACK-DRAFT DAMPER 50 CFM MIN FOR BATHROOM VENTILATION), WITH HUMIDITY CONTROL, SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OF THE BUILDING. EXHAUST VENTS SHALL BE SEPARATELY SWITCHED SALES AREA WOOD STORAGE, UTILITY ROOM COVE TILE COUNTER TOP SCHEDULE MATERIALROOM COUNTERTOPS GRANITE (PRE-FAB) REMARKSID CT TILE - CASTILLE MIX ARAN II ANTI-SLIP PORCELAIN OR EQUAL CEILING HT. CEILING ASSEMBLY 8'-0" 8'-0" 8'-0" 8'-0" 9'-10" 9'-10" 9'-10" ASSEMBLY AREA W/O FIXED SEATS STANDING SPACE SALES AREA ASSEMBLY AREA W/O FIXED SEATS STANDING SPACE 5 NET STORAGE MERCANTILE 300 GROSS 75 SQ FT OCC 4 5 5 EXISTING WALL TO BE DEMOLISHED MTL STUD WALLS 244.0 SF 209.0 SF UTILITY ROOM 28 SQ FT RESTROOM 39 SQ FT 15 SQ FT TOTAL COMMERCIAL AREA = 610.0 SF ( EXEMPT ) ( EXEMPT ) ( EXEMPT ) INCLUDED INCLUDED INCLUDED LONGEST EGRESS TRAVEL : 41'-8" DISTANCE BETWEEN TWO HINGED DOORS SHALL BE 48" MINIMUM PLUS THE WIDTH OF DOORS ARMSTRON ULTIMA HEALTH ZONE HIGH NRC CEILING TILES, OR EQUAL TILE - CASTILLE MIX ARAN II ANTI-SLIP PORCELAIN OR EQUAL TILE - CASTILLE MIX ARAN II ANTI-SLIP PORCELAIN OR EQUAL TILE - CASTILLE MIX ARAN II ANTI-SLIP PORCELAIN OR EQUAL ARMSTRON ULTIMA HEALTH ZONE HIGH NRC CEILING TILES, OR EQUAL ARMSTRON ULTIMA HEALTH ZONE HIGH NRC CEILING TILES, OR EQUAL ARMSTRON ULTIMA HEALTH ZONE HIGH NRC CEILING TILES, OR EQUAL 2-HR FIRE RATED CEILING 2-HR FIRE RATED CEILING 2-HR FIRE RATED CEILING 2-HR FIRE RATED CEILING FRP PANELS W/ SEMI-GLOSS PAINT FINISH FRP PANELS W/ SEMI-GLOSS PAINT FINISH FRP PANELS W/ SEMI-GLOSS PAINT FINISH FRP PANELS W/ SEMI-GLOSS PAINT FINISH FIXED 23 RESTROOM RETAIL E E E E E SCALE:1/4"=1'-0" EXISTING FLOOR PLAN 2 A-1.1 ADA RESTROOM SCALE: 1 A-1.1 ENLARGED FLOOR PLAN 1/2"=1'-0" 2 5 A-2 2 A-2 SCALE: 2 A-1.1 ALT. DETAIL 2-HR FIRE RATED ASSEMBLY 1 1/2"=1'-0" SCALE: 3 A-1.1 WATER HEATER DET. 3/4"=1'-0" Pr o j e c t N a m e : Rev #Revision Date: Ow n e r : Project Number: Drawn By: Draw Date: Sheet Number: Ad d r e s s : Ph o n e : TO T A L S C O P E D E S I G N I N C . AR C H I T E C T U R A L D R A F T I N G 78 4 0 F I R E S T O N E B L V D S U I T E 2 0 3 D O W N E Y C A 9 0 2 4 1 TO T A L S C O P E D E S I G N @ O U T L O O K . C O M A-1.1 4-3-25 CV 25-111 CH A N G E O F U S E & T I IM P R O V E M E N T ( N O N - B E A R I N G ) ED N A 94 9 - 9 2 9 - 5 4 0 7 30 6 M A I N S T NE W P O R T , C A 9 2 6 6 1 -- -- -- -- -- -- EXIT INSTALL ILLUMINATED EXIT SIGN AT PATH OF TRAVEL - VISIBLE FROM ALL DIRECTIONS -- LEGEND EXTERIOR OR INTERIOR WALL ELEVATIONS DOOR TYPE AND SIZE SEE SCHEDULE WINDOW TYPE AND SIZE SEE SCHEDULE SECTION OR DETAIL SEE PLAN NEW METAL STUD FRAMING PER DETAILS ( 1/A-2, 2/A-2 & 3/A-2 ) EXISTING WALL TO BE DEMOLISHED EXISTING FRONT STREET WINDOWS 24 E SCALE:1/4"=1'-0" REFLECTIVE CEILING LAYOUT & LIGHTING PLAN TYP. 4 A-2 2 A-2 PLAN NOTE: 1. NEW HVAC SYSTEM 2. CEILING HEIGHT ELEV. 8'-0" ± 3. T-BAR PANELS TO BE MIN 2-HR FIRE RATED, ARMSTRONG PRELUDE XL FIRE GUARD, ICC-ESR-1308 OR EQUAL. T-BAR PANELS TO BE INSTALLED PER MANUFACTURE SPECIFICATIONS EXIT SCALE: 2 A-2 TYP. WALL ANCHORING 1 1/2"=1'-0" SCALE: 1 A-2 CEILING ANCHORING 1 1/2"=1'-0" SCALE: 3 A-2 CEILING ANCHORING 1 1/2"=1'-0" A A BB SCALE: 4 A-2 METHOD #3 TYPICAL SUSPENDED VERTICAL AND LATERAL SUPPORT N.T.S. SCALE: B A-2 DETAIL B N.T.S. SCALE: A A-2 DETAIL A N.T.S. SCALE: 5 A-2 ADA ENTRY DOOR 1/2"=1'-0" Pr o j e c t N a m e : Rev #Revision Date: Ow n e r : Project Number: Drawn By: Draw Date: Sheet Number: Ad d r e s s : Ph o n e : TO T A L S C O P E D E S I G N I N C . AR C H I T E C T U R A L D R A F T I N G 78 4 0 F I R E S T O N E B L V D S U I T E 2 0 3 D O W N E Y C A 9 0 2 4 1 TO T A L S C O P E D E S I G N @ O U T L O O K . C O M A-2 4-3-25 CV 25-111 CH A N G E O F U S E & T I IM P R O V E M E N T ( N O N - B E A R I N G ) ED N A 94 9 - 9 2 9 - 5 4 0 7 30 6 M A I N S T NE W P O R T , C A 9 2 6 6 1 -- -- -- -- -- -- 25 From: Jim Mosher <jimmosher@yahoo.com> Sent: January 28, 2026 11:11 AM To: CDD Subject: Comments on ZA Item 2 (1/29/2026 meeting) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Regarding Item 2 (" Main Street Ice Cream Shop Coastal Development Permit and Minor Use Permit, PA2025-0103)") on the January 29, 2026, Zoning Administrator agenda: 1. Section 1.1 of the proposed resolution says "306 Main Street" is "legally described as Block 11 of the Balboa Tract." Isn't "306 Main Street" just an address within a relatively small parcel in the northwest corner of Block 11? What is the resolution attempting to define as "the Property": The whole block? The parcel within that block? Or just the 610 square foot suite within which the shop will be located? Fact in Support of Finding 3.C.1 makes it appear the intent is the latt er (an area within a building), but it is hard to tell because Fact in Support of Finding 3.D.1 suggests "Property" is the entire 3,600 square foot, square-shaped building within which the rectangular-shaped suite is located, or possibly the parcel on which the building stands. Either way, "Block 11" does not sound like the correct legal description. 2. Fact in Support of Finding 3.C.4 says "The Project’s hours of operation are limited to 10:00 a.m. to 8:00 p.m. daily." This is inconsistent with the staff report and Condition of Approval No. 5, which specify a 10:00 p.m. closing hour. The applicant's "Project Description" on unnumbered page 17 of the 25 -page PDF staff report says only the intent is to "operate during daytime and early evening hours," which sounds more like an 8:00 p.m. than a 10:00 p.m. closing time. Yours sincerely, Jim Mosher Zoning Administrator - January 29, 2026 Item No. 3a Additional Materials Received Main Street Ice Cream Shop (PA2025-0103) From: Jim Mosher <jimmosher@yahoo.com> Sent: January 28, 2026 11:17 AM To: CDD Subject: Re: Comments on ZA Item 2 (1/29/2026 meeting) -- corrected [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. Please note: the message below has been corrected as it was intended as a comment on Item 3, not "Item 2." On Wednesday, January 28, 2026 at 11:11:25 AM PST, Jim Mosher wrote: Regarding Item 3 (" Main Street Ice Cream Shop Coastal Development Permit and Minor Use Permit, PA2025-0103") on the January 29, 2026, Zoning Administrator agenda: 1. Section 1.1 of the proposed resolution says "306 Main Street" is "legally described as Block 11 of the Balboa Tract." Isn't "306 Main Street" just an address within a relatively small parcel in the northwest corner of Block 11? What is the resolution attempting to define as "the Property": The whole block? The parcel within that block? Or just the 610 square foot suite within which the shop will be located? Fact in Support of Finding 3.C.1 makes it appear the intent is the latt er (an area within a building), but it is hard to tell because Fact in Support of Finding 3.D.1 suggests "Property" is the entire 3,600 square foot, square-shaped building within which the rectangular-shaped suite is located, or possibly the parcel on which the building stands. Either way, "Block 11" does not sound like the correct legal description. 2. Fact in Support of Finding 3.C.4 says "The Project’s hours of operation are limited to 10:00 a.m. to 8:00 p.m. daily." This is inconsistent with the staff report and Condition of Approval No. 5, which specify a 10:00 p.m. closing hour. The applicant's "Project Description" on unnumbered page 17 of the 25 -page PDF staff report says only the intent is to "operate during daytime and early evening hours," which sounds more like an 8:00 p.m. than a 10:00 p.m. closing time. Yours sincerely, Jim Mosher Zoning Administrator - January 29, 2026 Item No. 3b Additional Materials Received Main Street Ice Cream Shop (PA2025-0103)