HomeMy WebLinkAbout06_Mercado Taco Shop Minor Use Permit_PA2022-0243CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 29, 2023
Agenda Item No. 6
SUBJECT: Mercado Taco Shop (PA2022-0243)
▪Minor Use Permit
SITE LOCATION: 320 Marine Avenue, Unit B
APPLICANT: El Mercado Modern Cuisine, LLC dba Mercado Taco Shop
OWNER: 320 Marine Ave, LLC
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
•Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
A request for an amendment to a minor use permit for an existing eating and drinking
establishment to allow a Type 47 (On-Sale General – Eating Place) Alcohol Beverage
Control (ABC) License and to increase the hours of operation. Proposed hours of operation
are 8:30 a.m. and 10 p.m., daily. No late hours (i.e., after 11 p.m.), live entertainment, or
dancing is requested. If approved, this Minor Use Permit would supersede Use Permit No.
UP2010-014.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use Permit
(Attachment No. ZA 1).
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Mercado Taco Shop (PA2022-0243)
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DISCUSSION
•The proposal is to add a Type 47 (On-Sale General – Eating Place) ABC License
and to increase the hours of operations to between 8:30 a.m. and 10:00 p.m. for
an existing food service, eating and drinking establishment (i.e., a restaurant)
located on Balboa Island. The applicant has applied for a Type 41 (On-Sale Beer
and Wine – Eating Place) ABC License but is seeking a Type 47 ABC License to
also include spirits.
•On November 10, 2010, the Planning Director approved Use Permit No. UP2010-
014 to allow an existing restaurant, known as Picante Martin’s Mexican Restaurant
and operating with a “Specialty Food Service Permit”, to change to a full-service,
small-scale restaurant and to expand into an adjacent suite.
•On April 16, 2021, the Community Development Director approved Staff Approval
No. SA2020-006 to allow the renovation of the existing restaurant, formerly known
as Picante Martin’s Mexican Restaurant, within substantial conformance of Use
Permit No. UP2010-014. The renovations were approved for Balboa Grill and are
currently under construction. The renovations include a reconfiguration of the
indoor and outdoor dining areas with a 36-inch-tall gate around the outdoor dining
area and are included in the plans as Attachment No. ZA 5. The restaurant was
subsequently transferred to Mercado Taco Shop and no changes to the approved
renovations nor any additional tenant improvements are proposed.
•The existing restaurant includes approximately 48 square feet of solid waste and
recyclable materials storage within a screened enclosure on the side of the
restaurant, which complies within the minimum 32 square feet required for
commercial uses under 5,000 square feet.
•UP2010-014 approved the hours of operations between 9:30 a.m. and 8:30 p.m.,
daily, and the applicant is proposing to increase the hours of operations between
8:30 a.m. and 10:00 p.m., daily.
•The Land Use Element of the General Plan designates the project site as Mixed-
Use Water 2 (MU-W2) that is applied to waterfront locations in which marine-
related uses may be intermixed with buildings that provide residential on the upper
floors. Permitted uses include those permitted by the Recreational and Marine
Commercial (CM), Visitor Serving Commercial (CV), and Mixed Use Vertical (MU-
V) designations. The existing restaurant is consistent with the uses allowed in
these Land Use categories of the General Plan.
•The site is located in the Mixed-Use Water (MU-W2) Zoning District which applies
to waterfront properties in which marine-related uses may be intermixed with
general commercial, visitor-serving commercial and residential dwelling units on
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the upper floor. Food service uses with alcohol sales in this Zoning District are
allowed subject to approval of a minor use permit.
• The Newport Beach Police Department (NBPD) has reviewed the proposed
application and has no objections to the request for a Type 47 ABC License or
increase in hours of operation. The NBPD’s memorandum, crime and alcohol-
related statistics, and reporting district map are included in Attachment No. ZA 4.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
PUBLIC NOTICE
Notice of this 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 the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Jenny Tran, Assistant Planner
LAW/jt
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Police Department Memorandum
ZA 5 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 47 (ON-SALE
GENERAL – EATING PLACE) ALCOHOL BEVERAGE CONTROL
(ABC) LICENSE AND INCREASE IN HOURS OF OPERATION AT
AN EXISTING RESTAURANT LOCATED AT 320 MARINE
AVENUE, UNIT B (PA2022-0243).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by El Mercado Modern Cuisine, LLC dba Mercado Taco Shop
(Applicant), concerning property located at 320 Marine Avenue, Unit B, and legally
described as Lot 11 of Block 14 of the Balboa Island Tract requesting approval of a minor
use permit.
2.The applicant requests an amendment to a minor use permit for an existing eating and
drinking establishment to allow a Type 47 (On-Sale General – Eating Place) Alcohol
Beverage Control (ABC) License and to increase the hours of operation. Proposed hours
of operation are 8:30 a.m. and 10 p.m., daily. No late hours (i.e., after 11 p.m.), live
entertainment, or dancing is requested. If approved, this Minor Use Permit would
supersede Use Permit No. UP2010-014.
3.The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land
Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water
(MU-W2) Coastal Zone District.
5.A public hearing was held on June 29, 2023, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) under Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
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2.The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The project includes the addition of a Type 47 ABC
License and an increase the hours of operation with no expansion of use.
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 Section 20.48.030 (Alcohol Sales)
of the Zoning Code
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.
1.The property is in an area the Newport Beach Police Department (NBPD) has
designated as Reporting District 42 (RD 42) which encompasses Balboa Island. The
NBPD is required to report offenses of Part One Crimes (criminal homicide, forcible
rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft),
combined with all arrests for other crimes, both felonies and misdemeanors (except
traffic citations) to the Department of Alcoholic Beverage Control (ABC). RD 42 is
not reported as a high crime area as compared to adjacent reporting districts in the
City, including RD 41, RD 43, and RD 44. The subject RD’s crime count is 50, which
is 50 percent below the City-wide crime count average of 101. The highest volume
of crime in this area is simple assault and the highest volume of arrests in the area
is DUI related.
2.Since RD 42 has a crime count 50 percent below the City-wide crime count as
determined from all crime reporting districts within the City, the area does not meet
the legal criteria for undue concentration. In comparison, neighboring RD 41 is 26
percent above the City-wide average, RD 43 is 64 percent below the City-wide
average, and RD 44 is 111 percent above the City-wide average. Of the 38 RDs in
Newport Beach, 12 are reported to ABC as high crime areas.
3.The NBPD has reviewed the project and has no objection to the request for a Type
47 ABC License and increase in hours of operation subject to appropriate conditions
of approval. The subject site is in a low crime area and there are no late hours
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requested. The project will be subject to appropriate conditions of approval and all
NBPD recommended conditions of approval have been included in Exhibit “A” of this
Resolution.
ii.The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
Reporting District Alcohol Related Arrests1 Total Arrests
RD 42 (Project) 6 23
RD 41 22 76
RD 43 5 18
RD 44 35 144
Newport Beach 800 2,959
1.In RD 42, DUI, public intoxication, and liquor law violations make up roughly 26
percent of arrests. In comparison, the figure for neighboring RD 41 is roughly 28
percent, RD 43 is roughly 27 percent, and RD 44 is roughly 24 percent. These
statistics reflect the City of Newport Beach’s data for 2021, which is the latest
available data.
2.The NBPD has reviewed the application and has provided operational conditions of
approval to help minimize any potential detrimental impacts.
iii.The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, place of worship, schools, other similar uses,
and any uses that attract minors.
1.The nearest residential zoning district to the property is the Two-Unit Residential,
Balboa Island (R-BI) Zoning District located directly East across the 10-foot alley
behind the property. Although the R-BI Zoning District is within proximity to the
property, the restaurant is oriented towards Marine Avenue which is within the MU-
W2 Zoning District. This Zoning District is typically developed with commercial uses
on the ground floor with residential units located on the upper levels. The operational
characteristics of the restaurant are similar to the existing restaurants on Marine
Avenue and the 10:00 p.m. closing hour will ensure patrons will not linger in the area
into the late hours of the night.
2.The nearest place of worship is Saint John Vianney Chapel located 30-feet to the
south of the property at 314 Marine Avenue. The Saint John Vianney Chapel typically
is open in the morning hours from Monday to Friday until 9 a.m., and until noon on
Sunday with later hours of operation on Saturday until 5 p.m. There are other
restaurants within proximity of the subject property that serve alcohol and the area
is considered a low crime area without undue concentration of alcohol licenses.
1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests.
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3. The subject property is not within proximity to a daycare center, park, recreational
facility, school, or similar uses that attract minors.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. There are several other restaurants located on Marine Avenue with active ABC
Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges, or night clubs by the NBMC. The closest restaurant
selling alcoholic beverages is Royal Hen located approximately 135-feet away on
the opposite side of Marine Avenue.
2. The closest establishment selling alcoholic beverages for off-site consumption is the
Irvine Ranch Market at 200 Marine Avenue, which is approximately 760-feet south
of the subject property. The establishment is a smaller market that offers alcohol for
off-site consumption.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the site.
Minor Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The Land Use Element of the General Plan categorizes the project site as Mixed-Use
Water 2 (MU-W2). The MU-W2 designation is applied to waterfront locations in which
marine-related uses may be intermixed with buildings that provide residential on the
upper floors. Permitted uses include those permitted by the Recreational and Marine
Commercial (CM), Visitor Serving Commercial (CV), and Mixed Use Vertical (MU-V)
designations. These uses include general commercial, visitor-serving commercial, and
residential dwelling units on the upper floor. The proposed operation of a restaurant with
alcohol service and no late hours is consistent with the uses allowed in these Land Use
categories of the General Plan and is intended to serve residents and visitors of the
area.
2. The subject property is not part of a specific plan area.
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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 site is located in the Mixed-Use Water (MU-W2) Zoning District which applies to
waterfront properties in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial and residential dwelling units on the upper floor.
Food service uses with alcohol sales in this Zoning District are allowed subject to
approval of a minor use permit.
2. The existing restaurant operates pursuant to Use Permit No. UP2010-014 and does not
include alcohol service. Staff Approval No. SA2020-006 was approved in 2021 to allow
physical changes to the existing restaurant and the tenant improvements are expected
to be completed in late 2023. An amendment to the existing use permit is requested to
allow a Type 47 ABC License without late hours. No changes are proposed to the net
public area that would affect the required on-site parking.
3. The existing restaurant includes approximately 48 square feet of solid waste and
recyclable materials storage within a screened enclosure on the side of the restaurant,
which complies within the minimum 32 square feet required for commercial uses under
5,000 square feet.
4. As conditioned, the proposed project will comply with all recommendations from the
NBPD to ensure the restaurant does not operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Finding:
1. The subject property is located along Marine Avenue on Balboa Island, which is
accessible from both the Balboa Ferry and from Jamboree Road. Marine Avenue is the
bridge that connects to the east side of Balboa Island and is one of the main corridors
on Balboa Island with commercial uses. Commercial uses, including restaurants, are
common along Marine Avenue and serve visitors and residents. The addition of a Type
47 ABC License and increase in hours of operation has been reviewed and conditioned
to ensure that potential conflicts with the surrounding land uses are minimized to the
greatest extent possible to maintain an environment compatible with both residents and
businesses.
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2.The existing restaurant has operated at this location since as early as 2010. The
restaurant will maintain a closing time of 10 p.m. and is not anticipated to create
disturbances to the adjacent uses as there will be no late hours (after 11:00 p.m.),
dancing, or live entertainment. The 10:00 p.m. closing time is compatible with the
existing restaurants located on Marine Avenue.
3.The restaurant is oriented towards Marine Avenue in a manner that shields the
restaurant activity from the residential uses at the rear. The outdoor patio of the
restaurant is located along Marine Avenue.
4.The NBPD has reviewed the project and has no objections. The operational conditions
of approval recommended by the NBPD related to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The project has been conditioned to ensure the welfare of the surrounding
community.
Finding:
E.The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provisions of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
Facts in Support of Finding:
1.The project site is located on Marine Avenue, which is located at the entrance of Balboa
Island and has heavy vehicular and pedestrian activity. The subject property has
historically operated as a restaurant and the proposed alcohol service and increase in
hours of operation are not expected to result in an increase of vehicular and pedestrian
activity. No changes are proposed to the net public area of the restaurant.
2.The project site is accessible from the front of the property along Marine Avenue and
from the rear of the property along the adjacent alley.
3.The project has been reviewed by the City’s Public Works Department and Life Safety
Division (Fire Department) to ensure adequate public and emergency vehicle access,
public services, and utilities are provided on the property.
Finding:
F.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 approvals to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The NBPD has reviewed the project and Condition of Approval No. 29 is
included to ensure the premise does not operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
2. The restaurant will serve the surrounding community in a mixed-use district designed
for such uses. The operator is required to take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance within the facility, adjacent
properties, or surrounding public areas, sidewalks, or parking lots of the restaurant,
during business hours, if directly related to the patrons of the establishment.
3. As conditioned, all owners, managers, and employees selling alcohol are required to
undergo and successful 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 certifying/licensing body designated by the State of
California and records of successful completion shall be maintained on the premises.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use
Permit (PA2022-0243), subject to the conditions outlined in Exhibit A, which is attached
hereto and incorporated by reference.
3. This resolution supersedes Use Permit No. UP2010-014, which upon vesting of the rights
authorized by this Minor Use Permit (PA2022-0243), shall become null and void.
4. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or a call for review is filed with the
Community Development Director by the provisions of Title 20 Planning and Zoning, of
the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JUNE, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved project plans.
2. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this Use
Permit.
4. The allowed hours of operation shall be between 8:30 a.m. and 10:00 p.m., daily.
5. The existing parking space located on site shall be used for the parking of vehicles at
all times.
6. Any addition of seats and/or stand–up counter space for customers shall be subject to the
approval of an amendment to this use permit. Any patron seating or stand-up counter
located outside of the facility on the subject property or on public property (including
sidewalks, streets) is prohibited.
7. The net public area shall be limited to a maximum of 351 square feet.
8. This Use Permit may be modified or revoked by the Zoning Administrator if determined
that the proposed uses or conditions under which it is being operated or maintained are
detrimental to the public health, welfare, or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained to constitute a
public nuisance.
9. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
10. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent.
11. No outside paging system shall be utilized in conjunction with this establishment.
12. 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.
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The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
13. 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.
14. 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).
15. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
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
16. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays, or
Holidays.
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the
Director of Community Development and may require an amendment to this Use Permit.
18. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
19. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on-
site lighting shall be shielded and confined within site boundaries. No direct rays or glare
are permitted to shine onto public streets or adjacent sites or create a public nuisance.
“Walpak” type fixtures are not permitted. Parking area lighting shall have zero cut-off
fixtures.
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20.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 Planning
Director, the illumination creates an unacceptable negative impact on surrounding land
uses or environmental resources. The Planning Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
21.All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be maintained
in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
22.Water should not be used to clean paved surfaces such as sidewalks, driveways, parking
areas, etc. except to alleviate immediate safety or sanitation hazards.
23.A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
24.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.
25.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of Mercado Taco Shop including, but not limited to,
Minor Use Permit (PA2022-0243). This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other
expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages that which City incurs in enforcing the indemnification provisions
outlined in this condition. The applicant shall pay to the City upon demand any amount
owed to the City under the indemnification requirements prescribed in this condition.
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Police Department
26. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer
and Wine) or a Type 47 (On-Sale General). Any substantial change in the ABC license
type shall require subsequent review and potential amendment of the Use Permit.
27. The applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
28. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
3 years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s manager’s and employee’s successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
30. 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.
31. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
32. There shall be no live entertainment or dancing allowed on the premises.
33. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
34. Food service from the regular menu shall be made available to patrons until closing.
35. 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.
36. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits or pay any
percentage or commission to a promoter, or any other person based upon money
16
Zoning Administrator Resolution No. ZA2023-###
Page 13 of 13
01-17-23
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
37. “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 of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
38. Strict adherence to maximum occupancy limits is required.
39. The applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
40. 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.
41. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
42. Strict adherence to maximum occupancy limit is required.
43. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 (Community Noise Control) and other applicable
noise control requirements of the Newport Beach Municipal Code.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Minor Use Permit
(PA2022-0243)
320 Marine Avenue, Unit B
Subject Property
19
Attachment No. ZA 3
Project Description
20
MERCADO TACO SHOP PROJECT | WWW.MERCADOTACOSHOP.COM
Project Name: Mercado Taco Shop (PA2022-0243)
Site Location: 320 Marine Avenue, Suite A and B, Newport Beach, CA 92662
Applicant: El Mercado Modern Cuisine LLC (www.mercadomodern.com), DBA: Mercado Taco Shop
PROJECT SUMMARY
The New Tenant, Mercado Taco Shop operated by El Mercado Modern Cuisine LLC will be operating as a
Casual Mexican Restaurant serving guests an adventure of Mexico's great cuisine one bite at a time,
using modern techniques and fresh ingredients for our simple yet elegant dishes. Also focusing on a bar
program with fresh ingredients and unique Mexican spirits.
Mercado Taco Shop operated by awarded Michelin Guide El Mercado Modern Cuisine is proposed to
open daily from 8:30am – 10:00pm.
Mercado Taco Shop is proposing to serve beer and wine initially, and then obtain a full liquor license.
Mercado Taco Shop will make no changes to the recent renovation under PA2010-079. Mercado Taco
Shop will operate under the same following improvements:
Expansion of the kitchen into an existing 290 square foot residential storage area along with an
addition of 72 square feet.
Conversion of the existing interior dining area to a fully covered exterior dining area with up to
fifteen (15) outdoor seats and 345-square-feet of net public area, consistent with existing
operating conditions.
Updated restrooms and appliances.
Exterior improvements to the façade and a new awning over the outdoor dining area.
The proposed renovation was increased by the existing nonresidential gross floor area by 156
square feet but is not space accessible to patrons.
The number of parking spaces will be the same as previously approves since the capacity of the
venue will not be changing.
The establishment would adhere to the original operational characteristics and conditions of approval
with a maximum net public area of 345 square feet and 15 outdoor dining seats. The restaurant’s gross
floor area would increase by 156 square feet for a total of 1,117 square feet, which is below the
maximum allowed nonresidential floor area ration of 0.5 (1,126 square feet). Because the proposed
improvements to the restaurant do not increase the existing net public area, no additional parking is
required. The establishment would maintain the existing operation characteristics.
21
Attachment No. ZA 4
Police Department Memorandum
22
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 19, 2023
SUBJECT: Mercado Taco Shop
320 Marine Avenue, Unit B
PA2022-0243
At your request, the Police Department has reviewed the project application for Mercado Taco
Shop located at 320 Marine Avenue, Newport Beach. The applicant is requesting an amendment
to the use permit to increase hours from 9:30 a.m. to 8:30 p.m. daily to 8:30 a.m. to 10:00 p.m.
daily. The applicant has an applied for a a Type 41 ABC License (On-Sale – Beer and Wine) with
the Department of Alcoholic Beverage Control, but would prefer to obtain a Type 47 ABC license
(On-Sale General) to include the sale of spirits. No live entertainment or late hours are proposed.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 320 Marine Avenue.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 42 which
encompasses Balboa Island.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC). These figures make up the “Crime Count” which is indicated on the attached statistical
data form.
23
Mercado Taco Shop
PA2022-0243
2
RD 42’s Crime Count is 50, 50% below the City-wide crime count average of 101. Therefore,
there is no undue concentration for this area. In comparison, neighboring RD 41 is 26% above
the City-wide average, RD 43 is 64% below the City-wide average and RD 44 is 111% over the
average. Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas.
The highest volume crime in this area is simple assault. The highest volume arrest in the area is
driving under the influence.
DUI, Public Intoxication, and liquor law violations make up 47% of arrests in this reporting district.
In comparison, the figure for neighboring RD 41 is 28%, RD 43 is 17% and RD 44 is 18%.
This location does not meet the legal criteria for undue concentration pertaining to crime (B&P
§23958.4).
Alcohol License Statistics
The standard which ABC utilizes to identify an area over-saturated with alcohol licenses is
outlined in Business and Professions Code §23958.4. A reporting district is classified as having
“undue concentration” when there is a higher retail license to resident ratio than that of the
county.
The applicant premise is located within census tract 636.06. This census tract has an
approximate population of 2,490 residents with 11 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 226 residents. Per the Business and Professions code,
we compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 license for every
618 residents and we find there is undue concentration in this area.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
The Police Department has no concerns with this project. This is a low crime area and there are
no late hours on the project. The following or similar conditions would be appropriate for the
business:
1. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and
Wine ) or a Type 47 (On-Sale General). Any substantial change in the ABC license type
shall require subsequent review and potential amendment of the Use Permit.
2. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
24
Mercado Taco Shop
PA2022-0243
3
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner’s manager’s and employee’s successful completion of
the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
4.The eating and drinking establishment shall close no later than 10:00 p.m.
5.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
6.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.
7.No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
8.There shall be no live entertainment or dancing allowed on the premises.
9.No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
10.Food service from the regular menu shall be made available to patrons until closing.
11.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.
12.Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money collected
as a door charge, cover charge or any other form of admission charge is prohibited.
13.“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 of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
14.Strict adherence to maximum occupancy limits is required.
15.The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
16.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.
25
Mercado Taco Shop
PA2022-0243
4
17. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
18. Strict adherence to maximum occupancy limit is required.
19. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. 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.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
26
CITATIONS
PART I
CRIMES
PART II
CRIMES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
320 Marine Ave.100N/AN/A0000N/A 0
Subject RD:
RD42 1,833 33 45 1,181.95
SIMPLE
ASSAULT 23 4 2 0 DUI 2
Adjacent RD:
RD41 2,011 64 85 3,881.14 BIKE THEFT 76 14 8 0 DRUG-RELATED &
DUI 1
Adjacent RD:
RD43 913 19 21 803.04 VANDALISM 18 3 2 0 DRUG-
RELATED 1
Adjacent RD:
RD44 6,546 103 163 3,666.79
BURG/THEFT
FROM AUTO 144 18 16 1 DRUG-RELATED 13
Newport Beach 97,176 1,789 3,222 2,063.58
BURG/THEFT
FROM AUTO 2,959 511 285 4
DRUG-
RELATED 449
Subject:Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
320 Marine Ave.N/A 0 N/A 0 N/A 0 N/A 320 Marine Ave.0N/AN/A
Subject Census
Tract: 630.06 2,490 10 249 3 830 13 192
Subject RD:
RD42 50 -51 -50%
Adjacent Census
Tract: 630.05 1,447 7 207 3 482 10 145
Adjacent RD:
RD41 127 +26 +26%
Adjacent Census
Tract: 627.01 2,667 11 242 2 1,334 13 205
Adjacent RD:
RD43 36 -65 -64%
Adjacent Census
Tract: 627.02 4,515 15 301 5 903 20 226
Adjacent RD:
RD44 213 +112 +111%
Newport Beach 86,694 279 311 66 1,314 345 251
Newport
Beach 3,852
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
RD Average = 101
ABC CRIME COUNT
REPORTED CRIMES
Summary for Mercado Taco Shop at 320 Marine Ave. (RD42)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2021. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson. Crime
Rate refers to the number of Part I Crimes per 100,000 people. All Population figures taken from the 2020 US Census. Per BP 23958.4, the "ABC Crime Count" is the sum of Part I Crime plus Part II Arrests.
CHIEF JON T. LEWIS
Newport Beach Police Department
2021 Crimeand Alcohol-Related Statistics
as of 6/29/2022
27
Attachment No. ZA 5
Project Plans
28
PROJECT TEAM
SHEET INDEXPROJECT DATA
SCOPE OF WORK SUMMARY:
N
SCOPE AND CODE
REFERENCE SITE PLAN
CLIENT:
ABBREVIATIONS LEGEND OF SYMBOLS
VICINITY MAPGENERAL NOTES
A0.1
BALBOA GRILL
TENANT IMPROVEMENT
EXISTING RESTAURANT RE-DESIGN
320 MARINE AVENUE, SUITE B
NEWPORT BEACH, CA 92656
ARCHITECTURAL:SITE INFORMATION:
N
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ACT CEILING
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A
B
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9.5
#--
ARCHITECT:
FOOD SERVICE CONSULTANT:
DESIGN CODES
LOCATIONPROJECT
N
INFORMATION SHOWN FOR REFERENCE PURPOSES, ONLY. SITE PLAN FROM GOOGLE MAP 2020
JOB NUMBER:
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20-029_A02-A05
PREVIOUS PERMITSET PA2010-079A0.6
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SCALE: 1/4" =1'-0"1N DEMO FLOOR PLAN- LEVEL 2 (RESIDENCE)
SCALE: 1/4" =1'-0"2N
DEMO LEGEND
DEMOLITION NOTES
LEGEND NOTE:
HEATERWATER
DRYERWASHER/
STORAGECLOSET
BALCONYBACKPATIO
RESTAURANTDINING AREA
100
SERVICESTATION
101
STORAGEROOM
103
KITCHEN
102
RESTROOM
104
GARAGE
106
STORAGE105
14
14
6
1
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2
1
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33
ROLL UPWINDOW WALL LEGEND
PLAN NOTES
KEY NOTES
1
A2.1
2
3
SHADED WALLS INDICATE NEW WORK:
4
5
6
7
100
JOB NUMBER:
CHECKED:
STATUS:
DRAWN:
CAD FILE:
PLOT DATE:
24"x36" SCALE:
10
5
4
0
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7
5
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2
6
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6
1
2
3
4
5
6
3
4
5
6
6
7
1AA3.1
104
EXISTINGGARAGE105
KITCHEN104
DINING AREAPATIO100
SERVICESTATION
101
NEW FLOOR PLAN- GRADE LEVEL 1 (RESTAURANT)
SCALE: 1/4" =1'-0"1N EXISTING FLOOR PLAN- LEVEL 2 (RESIDENCE)
SCALE: 1/4" =1'-0"2N
105
105A
103
102
100
102A
UNISEXRESTROOM103
HALLWAY102
8
9
10
10
WALK-INFREEZER106
BACKPATIOBALCONY
CLOSETSTORAGE
WASHER/DRYER
WATERHEATER
CLOSET
10A5.1
9
8
11
11
105B
3
A1.2
1
A1.2
2 A1.2
1BA3.1
4
12
12
102B
3
13
13
13
13
10
14
15
16
17
14
18
18
15
17
15
16
20
19
2
1
1
1
20
19
2
2
2
2
2
21 2
34
RESTAURANT
PLAN NOTES
KEY NOTES
1
A3.1
2
3
EXTERIOR ELEVATIONS
SCALE: 1/4" =1'-0"1
4
5
6
7
8
9
9
10
JOB NUMBER:
CHECKED:
STATUS:
DRAWN:
CAD FILE:
PLOT DATE:
24"x36" SCALE:
10
5
4
0
T
a
l
b
e
r
t
A
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,
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1
7
5
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9
2
7
0
8
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9
4
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6
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32
0
M
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NE
W
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B
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A
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9
2
6
5
6
1
2
3
4
5
6
2
16
10
3
1
4
5
67
11
11
12
13
12
10
11
10 1014
14
15
14
9
9
8
16
A WEST B EAST
17
17
11
18
19
1819
1
1
35