HomeMy WebLinkAbout09_Casablanca The Resturaunt Minor Use Permit and Operator License_PA2022-0208CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 16, 2023
Agenda Item No. 9
SUBJECT: Casablanca The Restaurant (PA2022-0208)
•Minor Use Permit
SITE LOCATION: 6800 West Coast Highway
APPLICANT: Abder Amokrane of Casablanca The Restaurant
OWNER: MME, LLC
PLANNER: Joselyn Perez, Associate Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Visitor Serving Commercial (CV)
•Zoning District: Commercial Visitor-Serving (CV)
•Coastal Land Use Plan Category: Visitor Serving Commercial (CV-A) – (0.0 – 0.75
FAR)
•Coastal Zoning District: Commercial Visitor-Serving (CV)
PROJECT SUMMARY
The applicant proposes to add a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic
Beverage Control (ABC) License and limited live entertainment to an existing restaurant
space that is currently vacant. No physical alterations are proposed to the space and no late
hours (after 11:00 p.m.) are requested. The current minor use permit, UP2016-047, would
be superseded if the request is approved and implemented. In accordance with Newport
Beach Municipal Code (NBMC) Chapter 5.25 (Operator License), the Applicant must also
obtain an Operator License from the Chief of Police, as they intend to offer alcoholic
beverages for on-site consumption in combination with live entertainment.
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 the Minor Use Permit
filed as PA2022-0208 (Attachment No. ZA 1).
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DISCUSSION
• The project site is located at 6800 West Coast Highway, at the intersection of West
Coast Highway and Orange Street. Abutting land uses are primarily residential with
additional commercial uses along West Coast Highway.
• The project site is zoned Commercial Visitor-Serving (CV) and categorized as Visitor
Serving Commercial (CV) by the Land Use Element of the General Plan.
• While the project site is located within the coastal zone, the project is exempt from
obtaining a coastal development permit. If approved, the project would only allow for
additional menu offerings with limited live entertainment and is not considered
development.
• The existing condition of the project site is a vacant approximately 2,000 square-
foot restaurant space. The floor plan features a kitchen, back-of-house storage,
restroom facilities, approximately 953 square feet of interior net public area, and 419
square feet of outdoor net public area. The restaurant orients toward West Coast
Highway with doors opening toward the intersection of West Coast Highway and
Orange Street. There are a limited numbers of doors along the side of the building
facing the residence on Orange Street. The outdoor dining area is along the West
Coast Highway side of the property, the furthest away from the residences as
possible. No physical alterations to the space are proposed as part of the project.
• The project site has an existing 80-square-foot trash enclosure. This is more than
double the minimum required size provided in NBMC chapter 20.30.120 (Solid
Waste and Recyclable Materials Storage) and should be adequate.
• The previous restaurant operated under Minor Use Permit No. UP2016-047, which
is included as Attachment No. ZA 3.
Table 1 below summarizes the proposed changes from the existing use permit.
Table 1 – Use Permit Comparison
Existing Proposed
Indoor Net Public Area 953 square feet No change
Outdoor Net Public Area 419 square feet No change
Hours of Operation 6 a.m. to 10 p.m. 11 a.m. to 10 p.m.
Number of Parking
Spaces
0 No change
Alcohol Not allowed Allowed – Type 41 (beer
and wine)
Entertainment Not allowed Allowed between 7p.m.
and 9 p.m.
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•The restaurant will provide limited live entertainment in the form of either a single
belly dancer or a single flamenco dancer, performing twice an evening for
approximately 15 minutes. The dancer will be accompanied by amplified pre-
recorded music. Guests are anticipated to spend about an hour at the restaurant.
A description of the restaurant’s offerings is available as Attachment No. ZA 4.
•While the Applicant has only proposed entertainment on weekends, the
Newport Beach Police Department (NBPD), which has reviewed the project, has
no concern with performances also occurring during weeknight dinner service.
Condition of Approval no. 33 has been written to allow for future flexibility if the
Applicant chooses to add weeknight performances at a later date. The NBPD’s
memorandum with crime, alcohol-related statistics, reporting district map, and
recommendations are included in Attachment No. ZA 5.
•A minor use permit (MUP) is required to add the Type 41 ABC license and the live
entertainment. The NBPD has no objection to the new Type 41 ABC license,
subject to appropriate conditions of approval which have been incorporated into
the resolution.
•As the restaurant will be both serving alcohol and offering live entertainment,
Condition of Approval No. 27 requires the Applicant to obtain an Operator License
pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering
Alcoholic Beverages for On-Site Consumption in Combination with Late Hours,
Entertainment, And/or Dance).
•The Property currently provides no onsite parking and is considered
nonconforming. Given the Project will have a reduction in hours of operation from
the previous restaurant, will serve fewer customers per day, has no late hours, has
an onsite bicycle rack, and given the walkability to the establishment from
surrounding residences, hotels, and public spaces in the area, staff has
determined the required parking ratio of one space per 40 square feet of net public
area is appropriate. This parking rate is consistent with the previous MUP and does
not represent an intensification in use from the past restaurant. Therefore, no
additional parking is required.
•Conditions of approval have been incorporated into the resolution to help minimize
potential disturbances to the nearby residential properties. These conditions
include Condition of Approval No. 7 which prohibits employees from congregating
or smoking in the alley or side setback area, Condition of Approval No. 26, which
requires doors and windows to be closed during the performances, Condition of
Approval No. 21 which limits the hours of deliveries and trash pickup, and
Condition of Approval No. 43 which prohibits the restaurant from operating as a
bar, tavern, cocktail lounge, or nightclub.
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•In addition to the NBPD, the Project has also been reviewed by relevant City
departments including the Building Division, Public Works Department, and
Fire/Life Safety Services. All comments have been incorporated into the resolution
as Conditions of Approval
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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, Chapter 3, because it has no potential to have a significant effect
on the environment.
The project consists of operational changes to an existing restaurant. The project adds
alcoholic beverages to the menu and limited live entertainment. The project proposes no
physical alterations to the existing restaurant space and does not intensify the existing
use.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
Joselyn Perez, Associate Planner
BMZ/jp
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
ZA 6
Draft Resolution
Vicinity Map
Minor Use Permit No. UP2016-047 (PA2016-191)
Applicant Project Description
NBPD Memorandum
Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-###
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) AND LIMITED LIVE
ENTERTAINMENT FOR AN EXISTING RESTAURANT SPACE
LOCATED AT 6800 WEST COAST HIGHWAY (PA2022-0208)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Abder Amokrane of Casablanca The Restaurant (Applicant),
with respect to property located at 6800 West Coast Highway, and legally described as Lot
4 and Portion of Lot 3, Block 8, of the Seashore Colony Tract requesting approval of a
minor use permit (MUP).
2.The applicant proposes to add a Type 41 (On-Sale Beer and Wine – Eating Place)
Alcoholic Beverage Control (ABC) License and limited live entertainment to an existing
restaurant space that is currently vacant. No physical alterations are proposed to the space
and no late hours (after 11 p.m.) are requested. The current MUP, UP2016-047, would be
superseded if the request is approved and implemented. In accordance with Newport
Beach Municipal Code (NBMC) Chapter 5.25 (Operator License), the Applicant must also
obtain an operator license from the Chief of Police, as they intend to offer alcoholic
beverages for on-site consumption in combination with live entertainment (Project).
3.The subject property is located within the Commercial Visitor-Serving (CV) Zoning District
and categorized as Visitor Serving Commercial (CV) by the Land Use Element of the
General Plan.
4.The subject property is located within the coastal zone. The property is within the
Commercial Visitor-Serving Coastal Zoning District and is categorized as Visitor Serving
Commercial (CV-A) by the Coastal Land Use Plan. The Project is exempt from obtaining
a coastal development permit because, if approved, the project would only allow for
additional menu offerings and limited live entertainment and is not considered
development.
5.A public hearing was held on March 16, 2023, 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 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
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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 includes minor alterations to existing structures involving
negligible or no expansion of use. The project does not propose physical alterations to
the existing restaurant building. Rather, the project includes operational changes (i.e.,
limited live entertainment) and additional menu offerings (i.e., alcohol). The additional
menu offerings and limited entertainment will not expand the use of the property beyond
its current use (i.e., a restaurant).
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator
shall consider the following findings prior to the approval of a new or amended alcohol sales
establishment:
Finding
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding
In finding that the project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC,
the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
a. The subject property is within an area the Newport Beach Police Department (NBPD)
designates as Reporting District (RD) 17. RD 17 is located on the western edge of
the City and runs from the intersection of 54th Street and Seashore Drive to its
western terminus at the City limits. RD 17 includes the Newport Shores Community,
the residences along West Ocean Front, and commercial uses along West Coast
Highway. RD 17 is abutted by only one other reporting district; RD 16 to the east,
with RD 24 and RD 15 beyond.
b. The NBPD is required to report offenses of Part One Crimes combined with all
arrests for other crimes, both felonies, and misdemeanors (except traffic citations) to
the California Department of Alcoholic Beverage Control (ABC). Part One Crimes
are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal
homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and
arson. RD 17 is considered and reported to ABC as a higher crime area, as
compared to other RDs within the City. The RD 17 crime count for 2021 is 127, which
is twenty-six (26) percent over the citywide average of 101 crimes per RD.
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c.The NBPD has reviewed the project and has no objection to the new Type 41 ABC
license, subject to appropriate conditions of approval which have all been
incorporated into Exhibit “A” of this Resolution. These conditions include provisions
such as the requirement that all owners, managers, and employees selling alcoholic
beverages shall undergo and complete a certified training program in responsible
methods and skills for selling alcoholic beverages, a prohibition of the store from
operating as a bar, tavern, cocktail lounge or nightclub, and the requirement that any
substantial operational change require a subsequent review.
ii.The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
a)In 2021, RD 17 had a higher percentage of alcohol-related crimes than the
immediately adjacent RD 16 but had a significantly lower percentage than RD 24
and RD 15. The alcohol-related crimes of RD 16 were four percent lower than RD
17 while both RD 24 and RD 15 were 146 percent higher and 515 percent higher
respectively. The higher number of alcohol-related crimes of RD 17 compared to the
neighboring RD 16 is expected, given that the crime figure includes driving under the
influence, public intoxication, and liquor law violations. These alcohol-related crimes
are typically associated with commercial establishments. RD 16, which is almost
exclusively residential, is unlikely to have similar crime incidents. The difference
between the RD 17 and RD 16 was not substantial enough to warrant objection from
the NBPD.
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.
a)The restaurant is located at the intersection of West Coast Highway and Orange
Street. The restaurant is abutted on all sides by residential uses. The nearest park,
West Newport Park, is 125 feet away, across West Coast Highway. The public beach
is located approximately 375 feet to the southwest of the site. There are no schools,
child daycare facilities, or churches within a 500-foot radius of the site.
iv.The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
a)There are 2 active Off-Sale ABC Licenses within one mile (5,280 feet) of the project
site.
License Type Address Distance from Subject
Property
Type 21 (Off-Sale
General)
6710 W. Coast Highway 164 feet
Type 21 (Off-Sale
General)
6110 W. Coast Highway 1,584 feet
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b)There are 5 active On-Sale ABC Licenses within one mile (5,280 feet) of the project
site. All licenses belong to restaurants and there are no bars within the vicinity of the
project.
License Type Address Distance from Subject
Property
Type 47 (On-Sale
General)
6700 W. Coast Highway 180 feet
Type 41 (On-Sale Beer
and Wine)
6310 W. Coast Highway 885 feet
Type 41 (On-Sale Beer
and Wine)
6204 W. Coast Highway 1,056 feet
Type 47 (On-Sale
General)
211 62nd Street 1,584 feet
Type 47 (On-Sale
General)
5930 W. Coast Highway 2,112 feet
c)While there are ABC licenses within proximity of the project site, the NBPD did not
object to the addition of a new license to the area.
v.Whether or not the proposed amendment will resolve any current objectionable conditions.
a)There were three police dispatch events in 2021 to the 6800 West Coast Highway
vicinity. None of the events resulted in arrests.
b)The project was reviewed by the Water Quality and Code Enforcement Division. There
are no active code complaints at the Project site and there are no objectionable
conditions presently occurring at the property.
Minor Use Permit
In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following
findings and facts in support of such findings for a use permit 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 categorizes the site Visitor Serving Commercial (CV), which is
intended to provide for either accommodations, goods, or services that will benefit
visitors to the City. A food service establishment with alcohol is consistent with this land
use category, as the restaurant will serve visitors enjoying the nearby public and staying
in the nearby hotels.
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2. Land Use Element Policy 1.5 (Economic Health) encourages a local economy that
provides adequate commercial, office, industrial, and marine-oriented opportunities that
provides employment and revenue to support high-quality community services. The
existing restaurant has been without a tenant since 2020. The building is currently
vacant and provides no benefit to visitors or the community. The Project will help
facilitate a new restaurant operator moving into the space and using the suite for its
intended commercial purpose of a restaurant.
3. The subject 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 in the Commercial Visitor-Serving (CV) Zoning District. A restaurant with
alcohol service and no late hours is a permitted use subject to the approval of a MUP
pursuant to NBMC Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements).
2. While live entertainment is not a specific land use, it is regulated by NBMC Chapter 5.28
(Live Entertainment Establishments). The restaurant will provide limited live
entertainment in the form of a single dancer, performing for approximately 15 minutes,
twice an evening. The dancer will use amplified, pre-recorded, music and will dance in
an open area of the dining room and will visit each table. Condition of Approval no. 34
requires the operator to obtain a live entertainment permit pursuant to NBMC 5.28.020
(Permit Required).
3. As the operator will also be serving beer and wine (i.e., alcohol), Condition of Approval
No. 27 requires the operator obtain an Operator License pursuant to NBMC Chapter
5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site
Consumption in Combination with Late Hours, Entertainment, And/or Dance).
4. The Project site has an existing 80-square-foot trash enclosure. This is more than double
the minimum required size provided in NBMC chapter 20.30.120 (Solid Waste and
Recyclable Materials Storage) and should be adequate.
5. Prior to the current restaurant configuration, the Project site was developed with a fast-
food restaurant and a tattoo establishment. The remodel allowed for the expansion of
the restaurant space by eliminating the tattoo establishment and the restaurant was
converted from a fast-food eating and drinking establishment to a food service (no late
hours) eating and drinking establishment. The elimination of the tattoo establishment
and the conversion of the fast-food to food service (no late hours) ultimately resulted in
a reduced parking demand as required by Table 3-10 of NBMC chapter 20.40.040 (Off-
Street Parking Spaces Required).
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6.The past restaurant, while considered a food service (no late hours) land use by the
NBMC, operated as what is colloquially known as a fast-casual restaurant. Customers
would wait in line to order from a service counter. Customers would then pick up their
order from a service counter and return to their table to enjoy. This model of operation
could accommodate a large volume of customers at any given time. The Project will
operate more similarly to a traditional sit-down restaurant with customers being seated
and ordering from a waiter. While the addition of alcohol and evening performances will
encourage guests to stay at the restaurant for a longer duration, the Project does not
anticipate servicing the same volume of customers per day.
7.The previous MUP allowed the restaurant to operate from 6 a.m. to 10 p.m. The current
project proposes a reduction in hours with daily lunch service from 11 a.m. to 2 p.m. and
dinner service from 5 p.m. to 9 p.m., Sunday to Thursday, and 5 p.m. to 10 p.m. on,
Friday and Saturday.
8.The Property currently provides no onsite parking and is considered nonconforming.
Given the project will have a reduction in hours of operation from the previous restaurant,
will serve fewer customers per day, has no late hours, has an onsite bicycle rack, and
given the walkability to the establishment from surrounding residences, hotels, and
public spaces in the area staff has determined the required parking ratio of one space
per 40 square feet of net public area is appropriate. This parking rate is consistent with
the previous MUP and does not represent an intensification in use from the past
restaurant. Therefore, no additional parking is required.
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.Surrounding properties are developed with both residential uses and commercial uses.
Commercial uses include retail, veterinary/boarding, other restaurants, and hotels to the
east. The proposed establishment is compatible with the existing and permitted uses in
the area.
2.The Project will continue to use the site as a restaurant, which is the historic land use of
the site.
3.The design of the restaurant building should help minimize the potential for disturbance
to neighboring residential properties. The restaurant orients toward West Coast Highway
with doors opening toward the intersection of West Coast Highway and Orange Street.
There are a limited numbers of doors along the side of the building facing the residence
on Orange Street. The outdoor dining area is along the West Coast Highway side of the
property, the furthest away from the residences as possible.
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4.Given the proximity of the site to residential uses, conditions of approval have been
incorporated into the resolution to minimize disturbances to the occupants. These
conditions include but are not limited to Condition of Approval No. 26, which requires all
doors and windows to be closed during the two nightly performances and Condition of
Approval No. 21 which probits deliveries and trash pick-up 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.
5.Fact 7 in support of Finding C incorporated by reference.
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 Project has been reviewed by relevant City departments including the Building
Division, Public Works Department, Fire/Life Safety Services, and Police Department.
All comments have been incorporated into the resolution as Conditions of Approval.
2.Although no parking is provided on-site, the project is located on West Coast Highway,
a commercial corridor through West Newport. The corridor has heavy vehicular and
pedestrian activity. On-street parking is provided along West Coast Highway and
Orange Street with multiple municipal parking lots on Seashore Drive. In addition, the
restaurant benefits from high visitor foot traffic, nearby hotels, and close proximity to the
Newport Shores and West Newport communities.
3.Fact 2 in support of Finding D incorporated by reference.
Finding
F.Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding:
1.Fact 1 and 2 in support of Finding E are incorporated by reference.
2.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.
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3.Conditions of Approval Nos. 6 and 7 have been carried over from UP2016-047 to ensure
that the same considerations that allowed for the past restaurant to operate harmoniously
with the surrounding land uses are continued.
4.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 in the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use
Permit (PA2022-0208), 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 Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the NBMC.
4.This resolution supersedes Minor Use Permit No. UP2016-047 (PA2016-191), which
upon vesting of the rights authorized by this minor use permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MARCH, 2023.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
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 MUP.
4.The interior net public area shall not exceed 953 square feet and the exterior net public
area shall not exceed 419 square feet.
5.The hours of operation for the establishment shall be limited to between the hours of
11:00 a.m. and 10:00 p.m., daily.
6.Bicycle parking shall be provided on-site and shall be positioned to ensure that the bicycle
rack and bicycles do not encroach into the public right-of-way.
7.Employees of the restaurant shall not use the alley or the northerly side setback area as a
break area or smoking area.
8.All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs)
of the NBMC.
9.This MUP shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.54.060 of the NBMC, unless an extension is otherwise granted.
10.This MUP may be modified or revoked by 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.
11.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and
potential amendment of this MUP.
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12.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.
13.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.
14.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the 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
15.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.
16.No outside paging system shall be utilized in conjunction with this establishment.
17.All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
18.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.
19.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.
20.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
16
Zoning Administrator Resolution No. ZA2023-###
Page 11 of 13
10-18-21
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
21.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.
22.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.
23.A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the NBMC to require such
permits.
24.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 Casablanca The Restaurant including, but not limited to Minor Use Permit
PA2022-0208. 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.
Fire Department
25.No open flames permitted in connection with the live entertainment.
Water Quality and Code Enforcement Division
26.All windows and doors, with the exception of required ingress and egress, shall be
closed while the entertainment is performed.
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Zoning Administrator Resolution No. ZA2023-###
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10-18-21
Police Department
27.The applicant shall apply for and obtain an Operator License pursuant to NBMC 5.25.010.
28.The ABC License shall be limited to a Type41 (On-Sale Beer and Wine – Eating Place).
Any substantial change to the ABC license type shall require subsequent review and
potential amendment of the MUP.
29.The Applicant shall comply with all federal, state, and local laws, and all conditions of the
ABC License. Material violation of any of those laws or conditions in connection with the
use may be cause for revocation of the MUP.
30.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. The certified program must meet the
standards of the State of California. This training must be updated every three years
regardless of certificate expiration date. Records of each owner’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.
31.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly basis
and shall be made available to the Police Department on demand.
32.No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under control of the licensee.
33.Live entertainment in the form of dance performances will be permitted between the hours
of 7 p.m. and 9 p.m., daily. Live music is not permitted.
34.The applicant shall obtain a Live Entertainment Permit issued by the City of Newport
Beach.
35.Dancing by patrons, as defined in NBMC 5.32.010, is not permitted.
36.No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
37.There shall be no reduced-price alcoholic beverage promotion after 9 p.m.
38.Food service from the regular menu shall be made available to patrons until closing.
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Zoning Administrator Resolution No. ZA2023-###
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10-18-21
39.Petitioner 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.
40.Any event or activity staged by an outside promoter or entity where the applicant, operator,
owner of his employees or representatives share in any profits or pay any percentage of
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.
41.“VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order or the sale
of drinks is prohibited (excluding charges for prix fixe meals).
42.Strict adherence to maximum occupancy limits is required.
43.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
44.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.
45.The Applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to the Police Department upon request.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Minor Use Permit
(PA2022-0208)
6800 West Coast Highway
Subject Property
21
Attachment No. ZA 3
Minor Use Permit No. UP2016-047 (PA2016-191)
22
RESOLUTION NO. ZA2016-070
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-047 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 6800 WEST COAST HIGHWAY (PA2016-191)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by MME, LLC, with respect to property located at 6800 West Coast
Highway, and legally described as Lot 4 and Portion of Lot 3, Block 8, of the SeashoreColony Tract, requesting approval of a minor use permit.
2.The applicant proposes a minor use permit to change an existing fast food (take-out
service), eating and drinking establishment to a new food service, eating and drinking
establishment and expand into the adjacent commercial suite. The resulting floor areawould be approximately 2,000 gross square feet with approximately 953 square feet ofinterior net public area and 419 square feet of exterior net public area. No late hours (after11:00 p.m.) or alcohol service is requested as part of this application.
3.The subject property is located within the Commercial Visitor-Serving (CV) Zoning Districtand the General Plan Land Use Element category is Visitor Serving Commercial (CV).
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor Serving Commercial (CV-A).
5.A public hearing was held on December 15, 2016 in the Corona del Mar Conference Room(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place andpurpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines forImplementation of the California Environmental Quality Act) under Class 1 (ExistingFacilities). The Class 1 exemption includes the ongoing use of existing buildings wherethere is negligible or no expansion of use.
2.In this case, the project involves the remodel and alteration of an existing commercialbuilding with a tattoo parlor and fast food restaurant into a single food service restaurant.No new floor area or intensification of parking would result.
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Zoning Administrator Resolution No. ZA2016-070 Page 2 of 9
05-26-2016
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (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 General Plan designates the site Visitor Serving Commercial (CV), which is intended
to provide for accommodations, goods, and services intended to primarily serve visitorsto the City. The food service establishment is consistent with this land use designation,as the use will serve visitors and residents living in the immediate neighborhood andsurrounding area.
2.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 property is located in the Commercial Visitor-Serving (CV) Zoning District. Food
service, eating and drinking establishments, with no alcohol service and no late hours,are a permitted use subject to the approval of a minor use permit pursuant to NewportBeach Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses andPermit Requirements).
2.The property is nonconforming due to having no parking available on-site; however, theproposed use results in a nine-space reduction of required parking from the previoususes. The existing fast food (take-out service) establishment operates pursuant to UsePermit No. UP1776, which required 1 space per 50 square feet of restaurant area (1,550
square feet) plus 1 space per employee (four employees), for a total of 35 spaces. Four
spaces were provided on-site and 31 spaces were waived. The existing tattoo parlor(723 square feet) is considered a personal-service use and requires parking at a rate of1 space per 250 square feet of gross floor area, or 3 spaces. The uses combined requirea total of 38 parking spaces for the building. The four spaces provided on-site were
previously accessible via West Coast Highway, but were eliminated with the widening
of the highway.
The proposed food service, eating and drinking establishment requires parking at a rateof 1 space per 30 – 50 square feet of net public area as determined by the use permit
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Zoning Administrator Resolution No. ZA2016-070 Page 3 of 9
05-26-2016
(up to 25-percent of the interior net public area is excluded). Based on the size of the establishment, proposed number of seats, no late hours, no alcohol, and the walkability
to the establishment from surrounding residents and beach visitors in the area, staff has
determined the required parking ratio of 1 space per 40 square feet of net public area is appropriate. The interior net public area is 953 square feet and the exterior net public area is 419 square feet; excluding the 25-percent exterior net public area parking credit of 238.25 square feet, the total net public area of the establishment for parking
calculation purposes is 1,133.75 square feet, resulting in a total parking requirement of
29 spaces. Therefore, no additional parking is required. 3. As conditioned, the proposed establishment will comply with Zoning Code standards for eating and drinking establishments.
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 restaurant entrance and outdoor dining is oriented toward West Coast Highway in a manner that shields the restaurant activity from the residential uses toward the north.
2. The proposed food service use is appropriate given the establishment was previously used for restaurant use and is accessible from two streets (West Coast Highway and Orange Street), which provides convenient access to motorists, pedestrians, and bicyclists.
3. Surrounding properties consist of residences inland of the highway and nonresidential uses fronting the highway, including retail, veterinary/boarding, and eating and drinking establishments. The proposed establishment is compatible with the existing and permitted uses in the area.
4. As conditioned, the hours of operation will remain between 6 a.m. to 10 p.m., daily, which will minimize any disturbance to residents residing near the property. These hours are consistent with the hours of operation of the existing fast food use.
5. A new trash enclosure is proposed with a solid roof and gates to screen refuse and
provide a convenient location where materials can be deposited and collected. 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.
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Zoning Administrator Resolution No. ZA2016-070 Page 4 of 9
05-26-2016
Facts in Support of Finding:
1.The Fire Department reviewed the site to ensure adequate public and emergency
vehicle access is provided.
2.Any proposed site improvements will comply with the Zoning Code and all Building,Public Works, and Fire Codes.
3.Although no parking is provided on-site, the project is located on West Coast Highway,a commercial corridor through West Newport and has heavy vehicular and pedestrianactivity. On-street parking is provided along West Coast Highway and Orange Street. Inaddition, the restaurant benefits from high visitor foot traffic in the area and close
proximity to the Newport Shores and West Newport communities.
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 food service, eating and drinking establishment will occupy space in an existingcommercial building used for fast food and a tattoo parlor, which have not proven to bedetrimental to the occupants of the property or nearby properties.
2.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 extentpossible. The operator is required to take reasonable steps to discourage and correctobjectionable conditions that constitute a nuisance in parking areas, sidewalks andareas surrounding the subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
3.The applicant is required to obtain Health Department approval prior to opening forbusiness, and comply with the California Building Code to ensure the safety and welfareof customers and employees in the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No.
UP2016-047, subject to the conditions set forth in Exhibit A, which is attached hereto andincorporated by reference.
26
Zoning Administrator Resolution No. ZA2016-070 Page 5 of 9
05-26-2016
2.This action shall become final and effective 14 days following the date this Resolutionwas 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 20 Planning
and Zoning, of the Newport Beach Municipal Code.
3.This resolution supersedes Use Permit No. UP1976, approved by the PlanningCommission on January 8, 1976, and Outdoor Dining Permit No. OD64, approved by
the Planning Director on December 21, 2001, which upon vesting of the rights authorized
by this Use Permit No. UP2016-047, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER 2016.
_____________________________________ Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2016-070 Page 6 of 9
05-26-2016
EXHIBIT “A”
CONDITIONS OF APPROVAL
1.The development shall be in substantial conformance with the approved site plan, floorplans and building elevations stamped and dated with the date of this approval. (Except asmodified by applicable conditions of approval.)
2.The applicant shall comply with all federal, state, and local laws. Material violation ofany of those laws in connection with the use may be cause for revocation of this MinorUse Permit.
3.The 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 ormaintained is detrimental to the public health, welfare or is materially injurious toproperty or improvements in the vicinity or if the property is operated or maintained soas to constitute a public nuisance.
4.Any change in operational characteristics, expansion in area, or other modification tothe approved plans, shall require an amendment to the Minor Use Permit or theprocessing of a new use permit.
5.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 thebuilding permits.
6.The interior net public area shall not exceed 953 square feet and the exterior net public
area shall not exceed 419 square feet.
7.The sale of alcoholic beverages shall be prohibited unless an amendment to the MinorUse Permit or other required application is first approved in accordance with theprovisions of the Municipal Code.
8. The hours of operation for the establishment shall be limited to between the hours of6:00 a.m. and 10:00 p.m., daily.
9.A valid business license from the City of Newport Beach with a sellers permit shall be
required prior to start of business. Any contractors/subcontractors doing work at the
subject site shall be required to obtain a valid business license from the City of NewportBeach prior to the commencement of any work on the subject site.
10.Prior to issuance of Building Permits, a fair share fee shall be assessed pursuant to
Municipal Code Section 15.38 and paid by the applicant.
11.Prior to the issuance of a building permit, State Department of Transportation (Caltrans)approval shall be required for all encroachments/projections into West Coast Highway,including the area around the traffic signal poles.
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Zoning Administrator Resolution No. ZA2016-070 Page 7 of 9
05-26-2016
12. No excavation within the public right-of-way is permitted as part of this project.
13. Broken/damaged panels within the alley along the project alley frontage shall be reconstructed per City Standard. 14. Broken/damaged sidewalk, curb and gutter along West Coast Highway and Orange
Street shall be reconstructed.
15. Sewer clean outs shall be installed per City Standard STD-406-L on all active existing sewer laterals that service the site. All used sewer laterals shall be capped at the property line.
16. Reducer Pressure Principle Backflow Prevention Assembly shall be installed on all active domestic water services per City Standard STD-520-L. All unused water service shall be abandoned at the main (corporation stop).
17. The maximum overhead projection into the Orange Street right-of-way is 18 inches.
18. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property.
19. No outside paging system shall be utilized in conjunction with this establishment. 20. Employees of the restaurant shall not use the alley or the northerly side setback area as a break area or smoking area.
21. 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 time periods unless the ambient noise level is higher:
Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m.
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
22. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
23. 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-
29
Zoning Administrator Resolution No. ZA2016-070 Page 8 of 9
05-26-2016
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.
24.Construction activities shall comply with Section 10.28.040 of the Newport BeachMunicipal Code, which restricts hours of noise-generating construction activities tobetween the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and
6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays
or Holidays.
25.Strict adherence to maximum occupancy limits is required.
26.All trash shall be stored in the building or in dumpsters stored in the trash enclosure
(three (3) walls and a self-latching gate) or otherwise screened from view of neighboringproperties, except when placed for pick-up by refuse collection agencies.
27.Trash receptacles for patrons shall be conveniently located both inside and outside ofthe establishment; however, not located on or in any public property or right-of-way.
28.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 thepremises and on all abutting sidewalks within twenty (20) feet of the premises.
29.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 PlanningDivision. Cleaning and maintenance of trash dumpsters shall be done in compliancewith the provisions of Title 14, including all future amendments (including Water Qualityrelated requirements).
30.Trash shall be disposed within 30 minutes after actual closing time, daily.
31.A covered wash-out area for refuse containers and kitchen equipment, with minimumuseable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall
be provided and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Official and Public Works Director in conjunction with theapproval of an alternate drainage plan.
32.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 10:00 p.m.
and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by theDirector of Community Development, and may require an amendment to this UsePermit.
33.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.
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Zoning Administrator Resolution No. ZA2016-070 Page 9 of 9
05-26-2016
34.A Special Events Permit is required for any event or promotional activity outside thenormal 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 MunicipalCode to require such permits.
35.Bicycle parking shall be provided on-site and shall be positioned to ensure that the bicycle
rack and bicycles do not encroach into the public right-of-way.
36.This approval shall expire and become void unless exercised within twenty-four (24)months from the actual date of review authority approval, except where an extension oftime is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code.
37.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmlessCity, its City Council, its boards and commissions, officials, officers, employees, and agentsfrom 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 naturewhatsoever which may arise from or in any manner relate (directly or indirectly) to City’sapproval of Burger Boss including, but not limited to,UP2016-047 (PA2016-191). 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 orproceeding whether incurred by applicant, City, and/or the parties initiating or bringing suchproceeding. 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.
31
Attachment No. ZA 4
Applicant Project Description
32
Minor Use Permit statement.
Applicant Name: Casablanca The Restaurant
Casablanca The Restaurant synopsis Casablanca The Restaurant, offer a unique and superb fusion of Moroccan/Algerian and West Mediterranean (Spain, France) Culinary "Savoir Faire".
Creating inspiring cuisine, within a “fairy atmosphere”, in an authentic vintage décor
(most of the vintage tables, dishes and decoration were imported from Morocco.
Gross Floor Area: approximately 2000 ST.
Expected Hours of Operation
7 days a week.
•Lunch from 11 A.M to 2 P.M
•Dinner from 5 P.M to 9 P.M Sundays to Thursdays, and 5 P.M to 10 P.M Fridays
and Saturdays.Number of Employees: 4
Number of Seats: 36 indoor, and 20 outdoor
Use:
•Dine in and take out
•Beer and Wine
•Live entertainment, flamenco or oriental dancer. One performer, indoor only,within closed windows and door, no live music.
Abder Amokrane
September 21, 2022
33
Attachment No. ZA 5
NBPD Memorandum
34
35
36
37
38
39
Attachment No. ZA 6
Project Plans
40
COPYRIGHT
DATE:
PERMIT SET02/14/2017
SHEET INDEXVICINITY MAP
PROJECT LOCATION
6800A WEST COAST HIGHWAY
NEWPORT BEACH
CALIFORNIA 92663
GENERAL NOTES
NOTICE TO BIDDERS
SCOPE OF WORK
DEFERRED SUBMITTAL LIST
ANSUL SYSTEM
EXTERIOR SIGNAGE
LANDLORD NOTES
CONSULTANT INFORMAITON
BURGERBOSSTENANTSPACE
SITE ACCESSIBILITY PLAN
PLUMBING ENGINEER:WRIGHT ENGINEERINGCONTACT: SCOTT EBEL2 VENTURESUITE 200IRVINE, CALIFORNIA 92618PHONE: 949-477-4001
ARCHITECT:GARY EICHELBERGCONTACT: JOHN DAY
16 12th AVE. SO., SUITE 102NAMPA, ID 83651PHONE: 208-395-1080
ELECTRICAL ENGINEER:WRIGHT ENGINEERING
CONTACT: Mario Guerrero2 VENTURESUITE 200IRVINE, CALIFORNIA 92618PHONE: 949-477-4001
STRUCTURAL ENGINEER:WRIGHT ENGINEERINGCONTACT: Joel Taylor
2 VENTURESUITE 200IRVINE, CALIFORNIA 92618PHONE: 949-477-4001
MECHANICAL ENGINEER:WRIGHT ENGINEERING
CONTACT: Sunday Omodan2 VENTURESUITE 200IRVINE, CALIFORNIA 92618PHONE: 949-477-4001
KITCHEN EQUIPMENT:CAFE CONCEPTS INC.CONTACT: JILL WALSH
30366 ESPERANZARANCHO SANTA MARGARITA, CA 92688PHONE: 949-273-8360
G001 COVER SHEET
PLUMBING DRAWINGS
G002 LIFE SAFETY PLAN AND BUILDING DATA
PLUMBING SPECIFICATIONS AND LEGEND
LANDSCAPE DRAWINGS
CIVIL DRAWINGS
ARCHITECTURAL DRAWINGS
FLOOR PLANA200
FINISH SCHEDULE, DOOR AND DOOR HARDWARE SCHEDULEA800
REFELCTED CEILING PLANA700
P0.1
MECHANICAL (HVAC) DRAWINGS
MECHANICAL SPECIFICATIONS AND LEGENDM0.1
A210 ROOF PLAN
ROOM FINISH PLAN AND DETAILSA810
A900
NOT IN CONTRACT
NOT IN CONTRACT
ELECTRICAL DRAWINGS
STRUCTURAL DRAWINGS
LIGHTING ENERGY CODE CALCULATIONSE0.3
E1.1
E0.4
ELECTRICAL GENERAL NOTES AND LEGENDE0.1
LIGHTING FLOOR PLAN
G003 DRAWING CONVENTIONS AND ABBREVIATIONS
G004 ACCESSIBILITY NOTES
G005 ACCESSIBILITY DETAILS
KITCHEN EQUIPMENT DRAWINGS
A300 INTERIOR ELEVATIONS
A500 MILLWORK DETAILS
A201 DIMENSIONED FLOOR PLAN
PLUMBING SCHEDULESP0.2
MECHANICAL SCHEDULESM0.2
MECHANICAL FLOOR PLANM1.1
ELECTRICAL SPECIFICATIONSE0.2
E2.1 POWER AND SIGNAL FLOOR PLAN
E2.2 ROOF ELECTRICAL PLAN
E3.1 SINGLE LINE DIAGRAM AND LOAD CALCULATIONS
SPECIFICATIONSSP-1
SPECIFICATIONSSP-2
SPECIFICATIONSSP-3
SPECIFICATIONSSP-4
GENERAL STRUCTURAL NOTES AND DETAILS
G006 RESPONSIBILITY SCHEDULE
G007 CALIFORNIA GREEN CODE
G008 CALIFORNIA GREEN CODE
G009 CALIFORNIA GREEN CODE
A301 INTERIOR ELEVATIONS
MECHANICAL ROOF PLANM1.2
S0.1
PLUMBING FLOOR PLAN - WASTE AND VENTP1.1
PLUMBING FLOOR PLAN - WATER AND GASP1.2 PLUMBING DETAILSP2.1
M2.1 MECHANICAL DETAILS
M2.2 MECHANICAL DETAILS
M3.1 HOOD DRAWINGS
M3.2 EF AND MUA DRAWINGS
M3.3 HOOD DRAWINGS
LIGHTING ENERGY CODE CALCULATIONS
E4.1 ELECTRICAL PANEL SCHEDULES
E4.2 KITCHEN EQUIPMENT SCHEDULE
EXISTING RESIDENTIAL UNIT
CEILING DETAILSA701
A202 WALL TYPES
WEST COAST HIGHWAY
OR
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ROOF FRAMING PLANS1.1
M3.4 HOOD DRAWINGS
C02 SYSTEM (OPERATIONAL PERMIT NECESSARY WHERE SYSTEM USED IS
DISPERSING MORE THEN 100LBS OF CARBON DIOXIDE)
PARKING REQUIREMENTS
CRITERIA REQUIREMENTS
PREVIOUS ENTITLEMENTS
MINOR USE PERMIT NO. UP2016-047
G010 MINOR USE PERMIT
A205 BUILDING ELEVATIONS
A206 BUILDING ELEVATIONS
NIT INCLUDED IN PERMIT SET
M4.1 ENERGY COMPLIANCE FORMS
M4.2 ENERGY COMPLIANCE FORMS
preliminary - NOT FOR CONSTRUCTION
City Re Submittal Set 07.02.2017
41
RESTROOM
DRY
KITCHEN
COOLER
FREEZER
DINING ROOM
POSTING OF OCCUPANCY(SEC. 1004.3, CBC)
SQUARE FOOTAGE: 595OCCUPANCY LOAD FACTOR: 200
OCCUPANT LOAD: 2.97
KITCHEN
OCCUPANCY TYPE: A-2
(SEE OCCUPANCY LOAD
CALC'S THIS SHEET)
DINING AREA
STORAGE
EXIT
SERVICECOUNTER
RESTROOM
PREP
QUE LINE
SQUARE FOOTAGE: 50
OCCUPANCY TYPE: A-2OCCUPANCY LOAD FACTOR: 5
OCCUPANT LOAD: 10
SQUARE FOOTAGE: 2,001 SQ.FT.
OCCUPANCY TYPE:A-2
BURGER BOSS
DISH
MANAGER
ACCESSIBLE PATH
FE
REACH-INFREEZER
FD
WH
C
H
LOCKER
FS
FS
FS
FS
FS
FE
(E) ELEC. PANEL"P"(E) ELEC. PANELS"A" AND "K"
PROPERTY LINE
PR
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PROPERTY LINE
PR
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PROP
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EXIT
EXIT
DINING AREAOUTDOOR
SQUARE FOOTAGE: 409
OCCUPANCY TYPE: A-2OCCUPANCY LOAD FACTOR: 15OCCUPANT LOAD: 27.26
EXIT
PROVIDE KEY BOX
PER CFC 506.1
PANIC HARDWARE MAY BE OMITTED FROM A SINGLE DOOR OR DOUBLE DOOR SERVING A MAINENTRY FOR AN "A" OCCUPANCY WITH 300 OR LESS OCCUPANTS IF A SIGN READING "THIS DOORTO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED" IS PLACED IN A CONSPICUOUSLOCATION NEAR THE DOOR AND THE DOOR IS EQUIPPED WITH A KEY OPERATED LOCK THATVISUALLY INDICATES WETHER IT IS LOCKED (E.G. WITH A VIEW WINDOW THAT HAS A RED/GREENFLAG OR THAT SAYS "OPEN"/"LOCKED") (CBC 1010.1.9.3)
PROVIDE TACTILEEXIT SIGNAGE(SEC. 1013.4, CBC)"EXIT"
51'-9
"
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2.97 X .2" = 0.594"EXIT WIDTH REQUIRED36" PROVIDED
43.5 X .2" = 8.71"
EXIT WIDTH REQUIRED72" PROVIDED
21.8 X .2" = 4.35"EXIT WIDTH REQUIRED36" PROVIDED
21.8 X .2" = 4.35"EXIT WIDTH REQUIRED36" PROVIDED
EXIT
21.8 X .2" = 4.35"EXIT WIDTH REQUIRED36" PROVIDED
EXITTO PUBLICRIGHT-OF-WAY
ACCESSIBLE PATH
LANDSCAPE PLANTERBIKE RACK
PROVIDE TACTILEEXIT SIGNAGE(SEC. 1013.4, CBC)"EXIT"
PROVIDE TACTILEEXIT SIGNAGE
(SEC. 1013.4, CBC)"EXIT"
PROVIDE TACTILEEXIT SIGNAGE(SEC. 1013.4, CBC)"EXIT"
PROVIDE
INTERNATIONALSYMBOL OF
ACCESSIBILITY
PROVIDEINTERNATIONALSYMBOL OFACCESSIBILITY
PROVIDEINTERNATIONALSYMBOL OFACCESSIBILITY
COPYRIGHT
DATE:
PERMIT SET02/14/2017
LIFE SAFETY PLAN
SCALE: 1/4" = 1'-0"1
CODE DATA
PUBLIC WORKS NOTES
42
From: Wayne M. Penn <trainmeister@cox.net>
Sent: March 14, 2023 1:29 PM
To: Perez, Joselyn <JPerez@newportbeachca.gov>; Joe, Wendy <wjoe@nbpd.org>
Subject: Casablanca The Restaurant Permit Application
Importance: High
RE: Project Fine # PA2022-0208
I oppose approving the permit application for Casablanca The Restaurant as it is currently proposed. The lack
of parking on the propery would force restaurant patrons to park on the streets and in the parking lots of West
Newport Beach, overwhelming our already overwhelmed parking situation. Not only would this have a
detrimental impact on residents, it would have a similar affect on the restaurant patrons who would likely be
forced to park significant distances from the venue and walk, increasing noise disturbances at late night hours.
Absent adequate dedicated, off-street parking that does not reduce the number of parking spaces currently
available on public streets or in public parking lots, approval of this permit would be a disaster for West
Newport residents and I humbly request that it be denied.
Please enter my comments into the official record for the hearing.
Thanks for your consideration,
Wayne M. Penn
6903 Seashore Drive
Newport Beach, 92663
760/460-1270
Zoning Administrator - March 16, 2023 Item No. 9a Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
From:Perez, Joselyn
Sent:March 14, 2023 4:39 PM
To:'myrna'
Subject:RE: PA2022-0208 Casablanca Restaurant Permit
Thank you for your email.
I will add this to the public record.
Sincerely,
Joselyn Perez
Associate Planner
Community Development
Department
Office: 949-644-3312 100 Civic Center Drive
Newport Beach, CA 92660
From: myrna <mmelsy38@gmail.com>
Sent: March 14, 2023 4:38 PM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Subject: PA2022‐0208 Casablanca Restaurant Permit
We are the homeowners of 6810 West Oceanfront, Newport Beach, CA.
We are totally opposed to the Casablanca concept of offering alcohol beverages and music. This will create a significant
problem in parking. Hopefully, the city of Newport Beach will not confuse the Casablanca concept with the prior
restaurants at that site. The earlier restaurants were fast food facilities that offered primarily pick‐up food or brief stays
and were closed by early evening. Customers moved in and out quickly and mainly walked over from the beach during
lunch or early afternoon. Casablanca is proposing a concept which indicates that customers will be staying longer. They
will require parking. The residents of the beach as well as Newport Shores do not even have adequate parking for
themselves and their guests. Beach parking during the summer months is a well accepted problem. By allowing
Casablanca the ability to offer alcoholic drinks and music and late evening hours is simply an invitation to worsen our
parking situation and add an evening disturbance to a residential area. It is akin to making us Cony Island West.
I hope you will seriously give consideration to a proposal which will adversely change the character of our neighborhood.
Melvin and Myrna Schwartz
Zoning Administrator - March 16, 2023 Item No. 9b Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
From:Perez, Joselyn
Sent:March 15, 2023 7:17 AM
To:'Steve Schwartz'
Subject:RE: PA2022-0208 Casablanca Restaurant Permit
Thank you for your email.
I will make sure that your comments are added to the record and considered by the Zoning Administrator.
Thank you,
Joselyn Perez
Associate Planner
Community Development
Department
Office: 949-644-3312 100 Civic Center Drive
Newport Beach, CA 92660
From: Steve Schwartz <schwartz.steve@yahoo.com>
Sent: March 14, 2023 7:41 PM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Cc: schwartz.steve@yahoo.com
Subject: PA2022‐0208 Casablanca Restaurant Permit
We are the homeowners of 6900 West Oceanfront, Newport Beach, California, 92663.
We are strongly opposed to the Casablanca restaurant that will be offering alcoholic beverages and live
entertainment. This will create a significant problem for parking and adversely impact our community.
The proposed Casablanca concept is not similar to the two restaurants that were previously in this location for over 40+
years. The prior establishments were primarily to pick up food and/or brief stay and were closed by the early
evening. Most of the customers walked over from the beach or nearby area to get their food and leave soon
afterwards. The Casablanca concept suggests customers will be staying longer, congregating at an outdoor dining patio
with live music and likely requiring parking. The residents along the beach and Newport Shores DO NOT have enough
parking for themselves during the summer. This is well documented. This restaurant will exacerbate the summer
parking situation and create more of an inconvenience for the local residents. We also want to note that the other
restaurants on Pacific Coast Highway have their own parking. Casablanca does not. Furthermore, serving alcohol and
hosting live entertainment in the evening will result in greater noise that will disturb the local residents. This is
completely unacceptable and will invite problems. One would expect this type of establishment to be located by the
pier, which has parking, and not in a residential neighborhood.
We hope you give serious consideration to a proposal which will change the family orientation of this community. As
our family with a child, and other families have grown to love.
Steven and Mindy Schwartz
Zoning Administrator - March 16, 2023 Item No. 9b Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
From:Perez, Joselyn
Sent:March 15, 2023 11:23 AM
To:'Rita Lund'
Subject:RE: Comments Regarding Casablanca The Restaurant (PA2022-0208) Minor Use Permit
Thank you for your email.
I will make sure that your comments are added to the record and considered by the Zoning Administrator.
Thank you,
Joselyn Perez
Associate Planner
Community Development
Department
Office: 949-644-3312
100 Civic Center Drive
Newport Beach, CA 92660
From: Rita Lund <ritalund@msn.com>
Sent: March 15, 2023 10:57 AM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Subject: Comments Regarding Casablanca The Restaurant (PA2022‐0208) Minor Use Permit
Dear Ms. Perez,
I've attached a letter outlining the concerns we had discussed regarding the Casablanca The Restaurant Minor
Use Application (PA2022‐0208).
Thank you very much for taking the time to help me understand some of the questions we had. I very much
appreciate it.
Please enter our comment letter into the record.
Rita Lund
801‐550‐5474
Zoning Administrator - March 16, 2023 Item No. 9b Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
Zoning Administrator - March 16, 2023 Item No. 9b Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
Zoning Administrator - March 16, 2023 Item No. 9b Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
From:Perez, Joselyn
Sent:March 15, 2023 11:50 AM
To:'Aileen M. Briceno'
Subject:RE: Casablanca restaurant
Thank you for your email.
I will make sure that your comments are added to the record and considered by the Zoning Administrator.
Thank you,
Joselyn Perez
Associate Planner
Community Development
Department
Office: 949-644-3312
100 Civic Center Drive
Newport Beach, CA 92660
From: Aileen M. Briceno <ambriceno@cox.net>
Sent: March 15, 2023 11:35 AM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Subject: Casablanca restaurant
Dear Ms. Perez,
I oppose approving the permit application for Casablanca The Restaurant as it is currently proposed. The lack of parking
on the propery would force restaurant patrons to park on the streets and in the parking lots of West Newport Beach,
overwhelming our already overwhelmed parking situation. Not only would this have a detrimental impact on residents,
it would have a similar affect on the restaurant patrons who would likely be forced to park significant distances from the
venue and walk, increasing noise disturbances at late night hours. Absent adequate dedicated, off‐street parking that
does not reduce the number of parking spaces currently available on public streets or in public parking lots, approval of
this permit would be a disaster for West Newport residents. Please reconsider your approval of this restaurant at this
site. Thank you for your consideration.
Sincerely,
Aileen Briceno
6903‐A Seashore Drive
Newport Beach, CA. 92663
Please enter my comments into the official record for the hearing.
Zoning Administrator - March 16, 2023 Item No. 9b Additional Materials Received Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208)
From:jsteen100@yahoo.com
Sent:March 16, 2023 9:53 AM
To:CDD Zoom
Subject:Casablanca Restaurant - questions
Parking is already a major issue in Newport Shores. How will this be accommodated for this
restaurant?
What will be done to prevent additional noise in the evening due to entertainment there?
Zoning Administrator - March 16,2023 Item No. 9c Additional Materials Received After Deadline Casablanca The Resturaunt Minor Use Permit (PA2022-0208)