HomeMy WebLinkAbout04_Mochinut Minor Use Permit and CDP_PA2021-031CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 28, 2022
Agenda Item No. 4
SUBJECT: Mochinut (PA2021-031)
Coastal Development Permit No. CD2021-009
Minor Use Permit No. UP2021-007
SITE LOCATION: 200 Main Street and 804 East Balboa Boulevard
APPLICANT: Optima Group Inc
OWNER: JSL Balboa LLC
PLANNER: Patrick Achis, Assistant Planner
949-644-3237 or pachis@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: MU-V (Mixed-Use Vertical)
Zoning District: MU-V (Mixed-Use Vertical)
Coastal Land Use Plan Category: MU-V (Mixed-Use Vertical)
Coastal Zoning District: MU-V (Mixed-Use Vertical)
PROJECT SUMMARY
The Applicant requests a minor use permit and coastal development permit to allow the
operation of a 784-square-foot restaurant with 300 square feet of customer area (food
service, no late hours). Alcohol service and/or late hours (after 11:00 p.m.) are not proposed.
The project requires no additional parking pursuant to Newport Beach Municipal Code
(NBMC) Sections 20.28.030 and 21.28.030 (Parking Management [PM] Overlay District).
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) 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 Minor Use Permit No.
UP2021-007 and Coastal Development Permit No. CD2021-009 (Attachment No. ZA
1).
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DISCUSSION
•The proposed restaurant will be located within the Balboa Village on the groundfloor of a recently renovated mixed-use building at the northeastern corner of Main
Street and East Balboa Boulevard.
•Balboa Village is developed with a mix of uses including residential, retail, office,and eating and drinking establishments (i.e., “restaurants”). The proposed
restaurant is intended to serve as an amenity to both residents of the surroundingcommunity and visitors of Newport Beach.
•The project includes improvements to the 784-square-foot commercial space to
create a customer ordering and point of sales area, a kitchen and prep area, anda storage room. The project also includes accessibility upgrades to the commonbathroom in the building and new rooftop mechanical equipment fully screenedfrom public view. The equipment parapet screen will be painted to match theexisting building’s architecture. The Applicant proposes ten (10) seats within the
300 square foot customer area and the proposed hours of operation are from 9:00a.m. to 11:00 p.m., daily. Due to the project’s proximity to residential uses, Staffrecommends the hours of operation to be 9:00 a.m. to 11:00 p.m., daily.
•The General Plan land use category for this site is Mixed-Use Vertical (MU-V). MU-
V is intended to provide for the development of properties with mixed-usestructures that vertically integrate housing with retail uses including retail, office,restaurant, and similar nonresidential uses. The proposed restaurant is consistentwith this land use category and is not expected to introduce excessive noise,
vibration, odors, or other activities that would adversely impact on-site and
surrounding residential units.
•A food service (no late hours) land use is allowed in the MU-V Zoning District
subject to the approval of a minor use permit when located within 500 feet of aresidential zoning district. The project site is in proximity to a residential zoningdistrict immediately across the alley to the north; therefore, a minor use permit isrequired.
•The Applicant is required to obtain Health Department approval prior to openingfor business, and to comply with the California Building Code to ensure the safetyand welfare of customers and employees within the establishment.
•Since the project is located within the Balboa Village Parking Management OverlayDistrict Plan (PM-1), the project requires no additional parking pursuant to Sections20.28.030(D)(1)(d)(i) and 21.28.030(F)(1)(d)(ii)([A]) (Parking Management [PM]Overlay District) of the NBMC.
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•In order to implement the provisions of the Balboa Village Parking ManagementOverlay District Plan (PM-1) within the Coastal Zone, the City submitted aconsolidated coastal development permit application to the California CoastalCommission on March 11, 2022, in accordance with Subsection 21.28.030(E)
(Coastal Development Permit Required) of the NBMC. As the City’s application is
pending review and approval, the Applicant’s request includes a coastaldevelopment permit to analyze the off-street parking requirement.
•As demonstrated by the Balboa Village Parking Management Plan, prepared byNelson Nygaard in May 2012, the project is in a relatively dense area with multipleuses within a short distance of each other. This proximity results in shared trips tomultiple destinations or attractions, which reduces the amount of vehicular traffic.Balboa Village is also conducive to a significant number of pedestrians, bicyclists,
and Balboa Peninsula Trolley riders, but tends to experience parking shortages inthe daytime during the summer months. Ample parking is typically available duringthe rest of the year. Several municipal lots, including Palm Street, WashingtonStreet, Balboa Pier and the A Street, and on-street parking are available in thearea to accommodate the proposed use in both the summer season and the off-
season months.
•The project site is located between the nearest public road and the sea orshoreline. However, the site does not have any coastal resources on or adjacent
to it as the area is completely developed. The site does not provide any form of
public access and it is not located along the coast; it is an inland parcel not frontingNewport Harbor or the Pacific Ocean. The Coastal Land Use Plan (CLUP)identifies the ends of Main Street public access points to the beach, as well asEast Ocean Front as lateral access to the beach. The proposed development does
not inhibit with the existing public access to the beach.
•No public coastal views are present through the project site and the project isconsistent with all applicable development standards provided in Title 21 that are
intended to protect the visual quality of the coast and to protect coastal views. The
nearest public viewpoint, as identified by the CLUP, is located on the Balboa Pier.The subject property does not interfere with public coastal views. In addition, theproposed project is anticipated to enhance the East Balboa Boulevard corridor bybringing a new storefront forward towards the public right-of-way.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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.
The project includes improvements to the 784-square-foot commerical suite to create a customer ordering and point of sales area, a kitchen and prep area, and a storage room. The project also includes accessibility upgrades to the common bathroom in the building
and new rooftop mechanical equipment fully screened from public view.
Class 3 exempts new commercial construction of less than 10,000 square feet in floor area, if zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Program [LCP] Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal
Commission) of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
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Prepared by:
BMZ/pda
Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2021-007 AND COASTAL DEVELOPMENT
PERMIT NO. CD2021-009 FOR A NEW RESTAURANT LOCATED
AT 200 MAIN STREET AND 804 EAST BALBOA BOULEVARD
(PA2021-031)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Optima Group Inc (Applicant), with respect to property located
at 200 Main Street and 804 East Balboa Boulevard, and legally described as Lot 9, Block
11, of Tract A, requesting approval of a minor use permit and a coastal development
permit.
2. The Applicant requests a minor use permit and coastal development permit to allow the
operation of a 784-square-foot restaurant with 300 square feet of customer area (food
service, no late hours). Alcohol service and/or late hours (after 11:00 p.m.) are not
proposed. The project requires no additional parking pursuant to Newport Beach Municipal
Code (NBMC) Sections 20.28.030 and 21.28.030 (Parking Management [PM] Overlay
District).
3. The subject property is located within the Mixed-Use Vertical (MU-V) Zoning District and
the General Plan Land Use Element category is Mixed Use Vertical (MU-V).
4. The subject 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 MU-V (Mixed-Use
Vertical) Coastal Zone District.
5. A public hearing was held on April 28, 2022, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures)
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. The project
includes improvements to the 784-square-foot commerical suite to create a customer
ordering and point of sales area, a kitchen and prep area, and a storage room. The
project also includes accessibility upgrades to the restroom in the tenant suite and new
rooftop mechanical equipment fully screened from public view.
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2. Class 3 exempts new commercial construction of less than 10,000 square feet in floor
area, if zoned for such use, if not involving the use of significant amounts of hazardous
substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of
the NBMC, 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 General Plan land use category for this site is MU-V Mixed-Use Vertical. MU-V 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. The proposed restaurant is consistent with this land use category
and is not expected to introduce excessive noise, vibration, odors, or other activities that
would adversely impact on-site residential units.
2. Eating and drinking establishments and visitor-serving uses exist in
the Balboa Village area. The proposed restaurant would be complementary to the
surrounding commercial and residential uses.
3. The subject 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 project includes improvements to the 784-square-foot commerical space to create
a customer ordering and point of sales area, a kitchen and prep area, and a storage
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room. The project also includes accessibility upgrades to the common bathroom in the
building and new rooftop mechanical equipment fully screened from public view. The
The Applicant proposes ten (10) seats within the 300 square foot customer area and the
proposed hours of operation are from 9:00 a.m. to 11:00 p.m., daily.
proximity to residential uses, Staff recommends the hours of operation to be 9:00 a.m.
to 10:00 p.m., daily. A restaurant is a permitted use in the MU-V Zoning District
subject to the approval of a minor use permit pursuant to NBMC Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements).
2. The subject property was originally developed in 1928, and currently has a two (2)-story
mixed-use building. The building has two (2) commercial tenant suites on the ground
floor and two (2) residential units on the second floor. The existing mixed-use structure
is being renovated under Building Permits Nos. X2020-0011 and X2020-0012, so no
tenants currently occupy the building. The site does not provide on-site parking. The
building is considered legal nonconforming for parking.
3. In order to implement the provisions of the Balboa Village Parking Management Overlay
District Plan (PM-1) within the Coastal Zone, the City submitted a consolidated coastal
development permit application to the California Coastal Commission on March 11,
2022, in accordance with Subsection 21.28.030(E) (Coastal Development Permit
Applican -street
parking requirement.
4. As demonstrated by the Balboa Village Parking Management Plan, prepared by Nelson
Nygaard in May 2012, the project is in a relatively dense area with multiple uses within
a short distance of each other. This proximity results in shared trips to multiple
destinations or attractions, which reduces the amount of vehicular traffic. Balboa Village
is also conducive to a significant number of pedestrians, bicyclists, and Balboa
Peninsula Trolley riders, but tends to experience parking shortages in the daytime during
the summer months. Ample parking is typically available during the rest of the year.
Several municipal lots, including Palm Street, Washington Street, Balboa Pier and the
A Street, and on-street parking are available in the area to accommodate the proposed
use in both the summer season and the off-season months.
5. The proposed restaurant will comply with the standards for eating and drinking
establishments, including those specific to the eating and drinking establishments under
NBMC Section 20.48.090 (Eating and Drinking Establishments). The restaurant does
not request alcohol service or late hours. Operational Conditions of Approval Nos. 4, 5,
6, 17, 21, 22, and 23 ensure that the restaurant will maintain compliance.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
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Facts in Support of Finding:
1. The proposed restaurant can be accessed by either motorists, pedestrians, or cyclists
from Main Street or East Balboa Boulevard.
2. Balboa Village is developed with a mix of uses including retail, office, and eating and
drinking establishments. The proposed establishment is compatible with the existing and
allowed uses.
3. Condition of Approval No. 4 limits the allowed hours of operation from 9:00 a.m. to 10:00
p.m., daily, which will minimize the potential for disturbances to the residential uses to
the rear of the property.
4. A trash enclosure is currently provided on-site. All waste and recycling will be taken to
the existing trash room inside the building. Condition of Approval No. 24 requires the
operator maintain the trash area such that odors are controlled appropriately. Should
the existing trash area be determined by the City in the future to be inadequate, the
Applicant will be required to increase the frequency of pickups.
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 project site is located on the prominent northeastern corner of Main Street and East
Balboa Boulevard, which is located at the center of Balboa Village. This area
experiences heavy vehicular traffic and pedestrian activity in the summer season. The
proposed restaurant is not expected to result in the creation of excessive vehicular and
pedestrian activity.
2. The Fire Department reviewed the project and site to ensure adequate public and
emergency vehicle access is provided.
3. Any proposed site and tenant improvements must comply with the zoning code and all
Building, Public Works, and Fire Codes for permits to be issued.
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.
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Facts in Support of Finding:
1. 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 subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
2. The proposed restaurant will add additional dining options to the neighborhood and
provide an economic opportunity for the property owner to update the tenant space and
provide additional services to residents and visitors.
3. The Applicant is required to obtain Health Department approval prior to opening for
business and comply with the California Building Code to ensure the safety and welfare
of customers and employees within the establishment.
4. The proposed use includes limited hours, no alcohol service is proposed, and there is
no increased parking demand. Based upon the Zoning Code requirements, the
proposed use will not result in a detriment to the surrounding community.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road or public access way. The
restaurant is located on a developed mixed-use site. The restaurant complies with all
applicable Local Coastal Program (LCP) development standards and maintains an area
consistent with the existing pattern of development within Balboa Village. Additionally, the
project does not contain any unique features that could degrade the visual quality of the
coastal zone.
2. Facts in Support of Finding B.3 and B.4 is hereby incorporated by reference.
3. Improvements are complementary to the area; the subject restaurant and other
restaurants within Balboa Village have similar operational features.
4. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
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is increased by adding an amenity for visitors. The proposed operation does not contain
ESHA, wetlands, or sandy beach area.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
However, the site does not have any coastal resources on or adjacent to it as the area
is completely developed. The site does not provide any form of public access and it is
not located along the coast; it is an inland parcel not fronting Newport Harbor or the
Pacific Ocean. The Coastal Land Use Plan (CLUP) identifies the ends of Main Street
public access points to the beach, as well as East Ocean Front as lateral access to the
beach. The proposed development does not inhibit with the existing public access to the
beach.
2. No public coastal views are present through the project site and the project is consistent
with all applicable development standards provided in Title 21 that are intended to
protect the visual quality of the coast and to protect coastal views. The nearest public
viewpoint, as identified by the CLUP, is located on the Balboa Pier. The subject property
does not interfere with public coastal views. In addition, the proposed project is
anticipated to enhance the East Balboa Boulevard corridor by bringing a new storefront
forward towards the public right-of-way.
3. See Fact in Support of Finding B.3, hereby incorporated for reference.
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
15303 under Class 3 (New Construction or Conversion of Small Structures) 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. The exceptions to this
categorical exemption under Section 15300.2 are not applicable.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2021-007 and Coastal Development Permit No. CD2021-009 subject to the
conditions set forth 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 call for review is filed with the Community
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Development Director in accordance with the provisions of Title 20 Planning and Zoning
and Title 21 Local Coastal Implementation Plan, of the NBMC. The project site is located
within the appeal area of the coastal zone; therefore, final action by the City may be
appealed to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF APRIL, 2022.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plans 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. Material violation of
any of those laws in connection with the use may be cause for revocation of this Minor
Use Permit.
4.The hours of operation for the establishment shall be limited to 9:00 a.m. through 10:00
p.m., daily.
5.There shall be no sales and/or service of alcohol permitted unless a new use permit is
approved.
6.Customer seating shall be limited to no more than ten (10) seats.
7. square feet.
8.No outdoor seating is permitted unless an amendment to this Minor Use Permit or a
Limited Term Permit is acquired.
9.All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the NBMC.
10.There shall be no use of amplified sound and/or live entertainment in the expanded dining
area.
11.New rooftop equipment screening shall be architecturally compatible with the building
to the satisfaction of the Planning Division.
12. This Minor Use Permit No. UP2021-007 and Coastal Development Permit No. CD2021-
009 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 NBMC, unless an extension is
otherwise granted.
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13. This Minor Use Permit and Coastal Development 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 is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
14. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and an
amendment to this Minor Use Permit or the processing of a new Minor Use Permit may
be required.
15.
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
16. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
17. 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.
18. 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 (NBMC). The maximum noise shall be limited to no more than depicted below for
the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
19. 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.
20. 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 7:00 a.m. and 6:30 p.m., Monday
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through Friday. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
21. No outside paging system shall be utilized in conjunction with this establishment.
22. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
23. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
24. 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).
25. All trash dumpsters and/or receptacles shall have a solid cover or lid. The lid shall remain
closed when the dumpster is not in use.
26. 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 Minor Use
Permit.
27. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
28. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
29. 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 Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
30. 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
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whatsoever which may ar
approval of Mochinut including, but not limited to, Minor Use Permit No. UP2021-007
and Coastal Development Permit No. CD2021-009 (PA2021-031). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' 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 City's costs,
attorneys' fees, and damages which 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.
Public Works
31. The Applicant is required to install a new sewer cleanout on the existing sewer lateral
per City Standard Drawing No. 406.
Building Division
32. The Applicant is required to obtain all applicable permits from the City 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.
33. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit No. UP2021-007 and
Coastal Development Permit No. CD2021-009
(PA2021-031)
200 Main Street and 804 East Balboa Boulevard
Subject Property
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Attachment No. ZA 3
Description
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MOCHINUT - NEWPORT BEACH
February 4th, 2022
To whom it may concern:
The purpose of this letter is to provide detailed descriptions of our proposed Mochinut project.
We are taking over an existing vacant 784 SF retail space and converting it to a dessert shop. All
construction works will be interior and there will not be any addition or changes to the residential
units or exterior of the building. Our proposed scopes of construction are:
·Build interior non-bearing walls
·New counters, kitchen equipment & plumbing fixtures
·Associated electrical & plumbing works
·Add (1) exhaust hood system
·Build (1) new accessible restroom
·Hvac systems are existing, no change
Mochinut is popular dessert franchise in which we make mochi donuts and Korean-style rice.
flour hot dogs at our own location. We will offer both dine-in and to-go services, and our
maximum staffs per shift at any given time is 4 employees. We are proposing to open every day
from 9 am to 11 pm. There will be 300 SF of Net Public Area with a maximum of 15 seats.
WHY IS MOCHINUT SO SPECIAL?
Our mochi donuts are made with rice flour which makes our donuts stretchy and chewy. There
is a sticky addictiveness to each bite, and a textural element that is completely different from
yeast or cake donuts.
Mochinut is receiving attention from people for its unique shape which is made of a connected
circle of 8 dough balls.
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Attachment No. ZA 4
Project Plans
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Zoning Administrator - April 28, 2022 Item No. 4a Additional Materials Received Mochinut Minor Use Permit and CDP_PA2021-031
Zoning Administrator - April 28, 2022 Item No. 4a Additional Materials Received Mochinut Minor Use Permit and CDP_PA2021-031