HomeMy WebLinkAboutZA2026-006 - APPROVING A MINOR USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ABC LICENSE FOR AN EXISTING RESTAURANT LOCATED AT 301 MAIN STREET (PA2025-0218)Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
February 13, 2026
Daniel Biello
4533 W. Coast Highway
Newport Beach, CA 92663
Subject: Minor Use Permit No. PA2025-0218
301 Main Street
Newport Beach, CA 92661
Dear Mr. Biello,
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
February 12, 2026 and effective on February 26, 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,
DL/cy
RESOLUTION NO. ZA2026-006
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
MINOR USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER
AND WINE – EATING PLACE) ABC LICENSE FOR AN EXISTING
RESTAURANT LOCATED AT 301 MAIN STREET (PA2025-0218)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Daniel Biello on behalf of Chronic Tacos (Applicant), with
respect to property located at 301 Main Street, legally described as Lot 7 of Block 9 of the
Balboa Tract (Property), requesting approval of a minor use permit.
2. The Applicant requests a minor use permit (MUP) to allow the addition of a Type 41 (On-
Sale Beer and Wine Eating Place) Alcoholic Beverage Control (ABC) license to an existing
1,741-square-foot restaurant (Food Service - no late hours) which consists of 470 square
feet of customer seating area, a serving-counter area, and kitchen area. The existing hours
of operation, from 10 a.m. to 8 p.m., Monday through Thursday, and 9 a.m. to 10 p.m.,
Friday through Sunday, are proposed to remain.
3. The Property is categorized as Visitor Serving Commercial (CV) by the General Plan Land
Use Element and is located within the Commercial Visitor-Serving (CV) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Visitor Serving Commercial (CV-A) and is located within the Commercial Visitor-Serving
(CV) Coastal Zoning District.
5. A coastal development permit (CDP) is not required as the Project proposes to add a Type
41 ABC license for alcohol sales at an existing restaurant. The Project does not include an
expansion of floor area nor results in an increase in required parking. Therefore, a CDP is
not required.
6. A public hearing was held on February 12, 2026, online via Zoom. A notice of 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) 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.
Zoning Administrator Resolution No. ZA2026-006
Page 2 of 11
10-18-21
2. This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed Project involves the addition of a Type 41 ABC
license to sell and serve alcohol and does not include physical changes to the
restaurant.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the Newport
Beach Municipal Code (NBMC), the findings and facts in support of the findings are set forth
as follows:
Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Project is located within Reporting District (RD) 12, where the number of
reported crimes is 1% below the City-wide crime count average of 112. The
neighboring RD 11 is 66% below the City-wide crime count average. In
comparison to the adjacent Reporting Districts, RD 12 is found to have a lower
number of crimes reported, and therefore, a lower concentration pertaining to
crime. Additionally, RD 12 contains a large number of mixed-use, commercial,
and tourist-serving nonresidential uses, including other eating and drinking
establishments that serve residents and visitors of the area. The intent of the
zoning designations in this commercial area, as well as the three adjacent
reporting districts, is to provide various commercial and retail uses to support the
surrounding residential areas and visitor destinations. Beach areas have a
higher concentration of land uses and, therefore, tend to have a higher crime
rate than other areas in the City.
2. The Newport Beach Police Department (NBPD) has reviewed the proposed
request and has no objection to the proposed 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.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. Based on the latest statistics from the NBPD, the crime count in RD 12 is 111,
which is 1% under the City-wide crime count average of 112. The highest volume
crime in RD 12 is theft/larceny, while the highest volume of arrests in the area is
related to miscellaneous offenses. DUI, Public Intoxication, and liquor law
Zoning Administrator Resolution No. ZA2026-006
Page 3 of 11
10-18-21
violations make up 18% of arrests in this reporting district. In comparison, the
figure for neighboring RD 11 is 35%, RD 13 is 22%, and RD 15 is 41%. Due to
the lower number of alcohol-related crimes, calls for service, and arrests reported
in RD 12, the area does not have a higher concentration pertaining to crime in
comparison to the aforementioned reporting districts. Of the 38 reporting districts
in the City, the NBPD reported 10 of those districts to ABC as high crime areas
for 2024. RD 12 is not considered a high crime area. Furthermore, the area is
considered one of the more attractive tourist areas in the City due to the proximity
to the beach, which results in a higher number of alcohol-related calls for service,
crimes and arrests.
iii. 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.
1. The Project is in a commercial zoning district which allows for areas appropriate
for accommodations, services, and goods intended to primarily serve visitors of
the City. The nearest recreational facilities, the beach and the Balboa Pier, are
located approximately 600 feet to the south of the Property. The existing
restaurant is located on the ground level of a commercial development and is
adjacent to existing commercial, retail, office, and food service uses.
2. The proposed hours of operation will remain from 10 a.m. to 8 p.m., Monday
through Thursday, and 9 a.m. to 10 p.m. Friday through Sunday. Conditions of
approval are included (including a closing time of 10 p.m., daily per Condition of
Approval No. 7) to help minimize negative impacts that the Project may have to
surrounding land uses and ensure that the restaurant is compatible with the
surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. The restaurant is in close proximity to several establishments with alcohol
licenses on the Balboa Peninsula, including Harborside Restaurant, Balboa
Saloon, and Class of ’47. Statistics provided by the NBPD indicate an over-
concentration of alcohol licenses within RD 12. However, the Project’s proximity
to other establishments does not raise a concern due to the characteristics of the
use. The Project has a relatively small dining area and proposes to maintain its
existing operating hours (with no late hours).
2. The per capita ratio of one license for every 146 residents is lower than the
average Citywide ratio. While the restaurant is in close proximity to other
establishments selling alcoholic beverages, the physical and operational
characteristics of the existing Restaurant would make the expanded alcoholic
beverage sales in conjunction with its food-service operation appropriate at this
location.
Zoning Administrator Resolution No. ZA2026-006
Page 4 of 11
10-18-21
v. Whether or not the proposed minor use permit will resolve any current objectionable
conditions.
1. There are no current objectionable conditions related to alcohol sales. The
service of alcohol beverages with the existing food service will provide
convenience to customers. The NBPD has no objections to the Project.
2. The Project has been reviewed and conditioned to help 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
restaurant. Operational conditions of approval recommended by the Police
Department relative to the sale of alcoholic beverages will ensure compatibility
with the surrounding uses and minimize alcohol-related impacts. Condition of
Approval No. 27 is included to ensure that all employees serving alcohol will be
required to complete a certified training program in responsible methods and
skills for selling alcoholic beverages, as required by the State of California.
3. Offering alcohol service will complement the food service and provide
convenience to customers. The NBPD has no objections to the operation given
the established hours of operation, proposed Type 41 ABC License, and location
of the existing use. Conditions of Approval Nos. 12 and 16 limit objectionable
conditions related to noise and trash from the establishment.
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 General Plan land use category for the Property is Visitor Serving Commercial (CV),
which is intended to provide accommodations, goods, and services intended to primarily
serve visitors to the City of Newport Beach.
2. The existing restaurant is in a distinct commercial area along the intersections of Main
Street and Bay Avenue. While the tenant space is approximately 150 feet east from a
residential neighborhood, it is oriented towards Bay Avenue and Main Street and away
from the residential area to the east. The proposed alcohol sales would provide a new
food and beverage option for residents, as well as for visitors to the area. For these
reasons, the proposal is consistent with the CV land use category of the General Plan.
Zoning Administrator Resolution No. ZA2026-006
Page 5 of 11
10-18-21
3. The existing restaurant is complementary to the surrounding commercial uses, which
include various restaurants, a bakery and small retail stores. It also provides a service
to residents and visitors traveling to the nearby Balboa Pier and Peninsula Park.
4. The Property is not part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is located in the Commercial Visitor-Serving (CV) Zoning District, which is
intended to provide for areas appropriate for accommodations, goods, and services
intended to serve primarily visitors to the City. Pursuant to NBMC Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements), food service, eating
and drinking establishments with alcohol service and no late hours (after 11:00 p.m.)
are permitted subject to the approval of a minor use permit.
2. The existing restaurant operates under Use Permit No. UP3042, which was approved
on September 26, 1983. The use permit changed the previous retail use to a restaurant,
incorporating tables for sit-down patrons. The addition of alcohol sales will not affect
compliance with conditions established by the existing minor use permit. All applicable
conditions of approval have been incorporated herein.
3. The Property is located in the Balboa Village Parking Management Overlay District,
which establishes the parking management programs necessary to adequately serve
the parking needs of the area. Additionally, the overlay does not require parking for any
new non-residential uses. Although the restaurant use is existing, there is no existing
on-site parking which serves the Property. No additional parking is required as a result
of the Project. An adequate supply of parking is available in Municipal parking lots
located at 600 and 608 East Balboa Boulevard to serve the subject business and
surrounding uses.
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 in the Balboa Village Parking Management Overlay District,
which establishes the parking management programs necessary to adequately serve
the parking needs of the area. Additionally, the overlay does not require parking for any
new non-residential uses. Although the restaurant use is existing, there is no existing
on-site parking which serves the Property. No additional parking is required as a result
Zoning Administrator Resolution No. ZA2026-006
Page 6 of 11
10-18-21
of the Project. An adequate supply of public parking is available in Municipal parking lots
located at 600 and 608 East Balboa Boulevard to serve the subject business and
surrounding uses.
2. The existing restaurant is compatible with the existing and allowed uses in the area,
which consist of retail commercial and residential developments.
3. The Applicant is proposing to maintain current hours of operation between 10 a.m. to 8
p.m., Monday through Thursday, and 9 a.m. to 10 p.m., Friday through Sunday.
Condition of Approval No. 7 has been included to limit hours of the establishment to
close no later than 10 p.m.
4. The Applicant has an existing agreement with the City to utilize existing dumpsters on
City-owned property at 208 Washington Street. All trash shall be stored in the existing
trash enclosure area within dumpsters. The restaurant shall maintain its agreement with
the City for trash storage at this location, per Condition of Approval No. 16.
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 on the intersection of Main Street and Bay Avenue. It is
approximately 132 feet north of East Balboa Boulevard which is a busy commercial
corridor with heavy vehicular traffic and pedestrian activity. The proposed alcohol sales
are not expected to result in increased vehicular and pedestrian activity that would
negatively affect access.
2. The existing restaurant is currently operating in a commercial tenant space that is served
by all necessary utilities. The introduction of on-sale alcohol sales is not anticipated to
create any issues with current utility service providers.
3. The Fire Department has reviewed Project to ensure adequate public and emergency
vehicle access is provided and does not have any concerns.
4. All proposed site and tenant improvements must comply with the NBMC and any other
applicable regulations for permits to be issued.
Finding:
F. Operation of the use at the proposed location 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.
Zoning Administrator Resolution No. ZA2026-006
Page 7 of 11
10-18-21
Facts in Support of Finding:
1. The Project has been reviewed by all applicable City departments, and this resolution
includes conditions of approval to ensure that potential conflicts with the surrounding
land uses are minimized to the greatest extent possible. The business 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 restaurant.
2. The NBPD has reviewed the Project, has no objections, and has provided conditions of
approval which are incorporated into this Resolution. The Project is not expected to have
a negative impact on the community and police services.
3. Compliance with the NBPD standards related to noise, lighting and other performance
standards will help ensure that the Project will be compatible with the surrounding area.
4. The Project includes limited hours of operation. Additionally, there is no increased
parking requirement with the addition of alcohol service. Based on an evaluation against
the requirements of the NBMC, the proposed use will not result in detriment to the
surrounding community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves minor use permit
No. PA2025-0218 subject to the conditions set forth in Exhibit “A,” which is attached hereto
and incorporated by reference.
3. This resolution supersedes Use Permit No. 3042, which upon vesting of the rights
authorized by this Minor Use Permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF FEBRUARY 2026.
___________________________________________
Liz Westmoreland, AICP, Zoning Administrator
Zoning Administrator Resolution No. ZA2026-006
Page 8 of 11
10-18-21
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The Project shall be in substantial conformance with the approved floor plan stamped with
the date of this approval (except as modified by applicable conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this use
permit.
4. This minor use permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport
Beach Municipal Code, unless an extension is otherwise granted.
5. No outdoor seating is permitted without further review and may require an amendment
to this minor use permit or the processing of a new use permit.
6. Live entertainment and dancing shall be prohibited at the premises.
7. The restaurant shall open no earlier than 9 a.m. and shall close no later than 10 p.m., daily.
8. 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.
9. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require subsequent review and approval of the Planning
Division. Depending on the nature of the request, an amendment to this minor use permit
or the processing of a new use permit.
10. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. 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.
Zoning Administrator Resolution No. ZA2026-006
Page 9 of 11
10-18-21
12. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards)
and 10.26.030 (Interior Noise Standards), and other applicable noise control
requirements of the Newport Beach Municipal Code (NBMC).
13. 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.
14. Construction activities shall comply with Section 10.28.040 (Construction Activity-Noise
Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to between the hours of 7 a.m. and 6 p.m., Monday through
Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays,
or Holidays.
15. No outside paging system shall be utilized in conjunction with this establishment.
16. All trash shall be stored within dumpsters located on City-owned property at 208
Washington Street. The dumpsters shall be stored in the existing trash enclosure area.
The restaurant shall maintain its agreement with the City for trash storage at this
location. If the agreement is discontinued, the Applicant or operator shall find a suitable
replacement location for trash storage, subject to the approval of the Community
Development Director.
17. Trash receptacles for patrons shall be conveniently located inside of the establishment,
not located on or within any public property or public right-of-way.
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, including all future amendments (including Water Quality
related requirements).
19. 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 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.
20. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
21. 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
Zoning Administrator Resolution No. ZA2026-006
Page 10 of 11
10-18-21
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
22. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
23. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including
without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Chronic Tacos Alcohol Sales including, but not limited to Minor Use
Permit No. PA2025-0218. 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 Applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of the City's costs, attorney’s fees,
and damages which the City incurs in enforcing the indemnification provisions set forth in
this condition. The Applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
Police Department
24. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and
Wine – Eating Place), or a Type 47 (On-Sale General - Eating Place), subject to the
approval from the NBPD and Community Development Director.
25. 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
three 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.
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.
26. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
27. The sale of alcohol for consumption off the premises is prohibited.
Zoning Administrator Resolution No. ZA2026-006
Page 11 of 11
10-18-21
28. Patrons shall be required to show valid identification to verify age at the point of sale for
alcohol.
29. No person under the age of 21 shall sell or deliver alcoholic beverages.
30. A sign indicating “No Alcohol Beyond this Point” should be posted near the interior exit.
31. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
32. Food service from the regular menu shall be made available to patrons until closing.
33. The Applicant 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.
34. 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.
35. 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, and debris 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.
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.
37. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request