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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
CORONA DEL MAR CONFERENCE ROOM (BAY E-1ST FLOOR)
THURSDAY, JANUARY 16, 2020
REGULAR MEETING – 3:00 P.M.
I. CALL TO ORDER – The meeting was called to order at 3:00 p.m.
Staff Present: James Campbell, Zoning Administrator
Melinda Whelan, Assistant Planner
Patrick Achis, Planning Technician
Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF NOVEMBER 14, 2019
Action: Approved
ITEM NO. 2 MINUTES OF DECEMBER 12, 2019
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 3 Monica Lisa Corporation Duplex Coastal Development Permit No. CD2019-046
(PA2019-178)
Site Location: 912 and 912 1/2 East Ocean Front Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal
development permit to allow the demolition of an existing duplex and the construction of a new 3,413-square-
foot, two-unit residence including a 726-square-foot, attached four-car garage. The proposed development also
includes additional appurtenances such as walls, fences, patios, hardscape, and drainage devices. The
proposed residence complies with all applicable development standards including height, setbacks, and floor
area limits. No deviations from applicable regulations are requested. Site evaluation revealed that the proposed
three-story design is consistent with the existing neighborhood pattern of development for one- and two-unit
dwellings, and will not affect the existing views afforded from Peninsula Park. Opportunities to enhance the
visual quality of the coastal zone were also reviewed. The front of the proposed residence, which is visible from
the boardwalk and Peninsula Park, will contain substantial architectural treatment and visual interest, in keeping
with the design guidelines of the Zoning Code.
Applicant Joseph Hernandez of The Louie Group Architect, on behalf of the owner, stated that he had reviewed
the draft resolution and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
The Zoning Administrator clarified for the record that the design of the attic on the third floor included a
maximum height of 6 feet from floor to ceiling and would maintain an unfinished interior not to be used as
habitable floor area.
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Action: Approved
ITEM NO. 4 Moore Residence Coastal Development Permit No. CD2019-058 (PA2019-230)
Site Location: 732 Via Lido Nord Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the project site is a
waterfront site in the R-1 zone. The applicant is requesting approval to demolish the existing residence and
construct a new 4,440-square-foot, single-family residence and attached garage. The project complies with
all applicable development standards, including the standards and approval requirements of the City’s Local
Coastal Program.
Architect Pat Austin of Cynthia Childs’ office, on behalf of the property owner, stated that he had reviewed
the draft resolution and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved
ITEM NO. 5 Dolphin Rental Newport Beach Boat Rental Coastal Development Permit No. CD2019-
017 and Limited Term Permit No. XP2019-002 (PA2019-074)
Site Location: 2406 Newport Boulevard Council District 1
Patrick Achis, Planning Technician, provided a brief project description stating the request is for a limited term
permit and associated coastal development permit to allow the temporary operation of an electric boat rental
business to share on-site parking with the existing restaurant for up to one year. The proposal complies with all
Mixed-Use Water (MU-W2) related designations. No construction or physical alterations to the site are
proposed. Separate surveys from the applicant and staff demonstrate sufficient parking exists to accommodate
the boat rental operation for its limited, one-year duration. Public parking availability for coastal access will not
be affected by project implementation. Included conditions of approval ensure the proposal and the existing
restaurant will be compatible and remain separate operations.
Mr. Achis indicated that staff received a written public comment from Jim Mosher regarding a cycleboat
operation at the site. Mr. Achis stated the subject proposal is not part of the operation, which is a current
application under review. Further clarified was the intent of Condition of Approval No. 4, which is to establish
that the operation would not become an expansion of the existing restaurant’s service area.
Cristiano Fernandes, the project applicant, stated that he had reviewed the draft resolution and agrees with
all of the required conditions.
The Zoning Administrator emphasized to the Applicant that the limited duration of this approval is up to one
year. A potential time extension allowed by the Code would be ultimately subject to the upkeep of satisfactory
parking conditions once operation commences. To this point, the Zoning Administrator asked the applicant to
maintain a running record of the number of boats, people, and parking spaces used during operation. The
Zoning Administrator would require this record in considering a request to extend the duration of this approval,
and asked about the applicant’s plans to advise his clients on where to park.
In response to the Zoning Administrator’s question, the applicant stated that the restaurant is closed from
Monday to Wednesday and on-site parking is most utilized from Friday to Sunday. He would inform his patrons
about the Peninsula’s parking situation and encourage drop-offs or rideshare services.
Matthew Cosylion, Code Enforcement Supervisor, explained his role overseeing marine activities permits. The
proposal started operation before acquiring proper clearance from the City and, because of this, was the subject
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of a Code Enforcement case. Approval of this application would bring the operation into compliance for a limited
time.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved
ITEM NO. 6 CorePower Yoga Fashion Island Minor Use Permit No. UP2019-051 (PA2019-226)
Site Location: 957 Newport Center Drive Council District 5
Patrick Achis, Planning Technician, provided a brief project description stating that the request is for a minor
use permit to allow a 3,302-square-foot, indoor yoga fitness facility within an existing tenant space in the
Fashion Island Regional Center. Health and fitness clubs, including the subject yoga studio, are a permitted
use within PC56 through the approval of a minor use permit and is consistent with the Regional Commercial
land use designation. CorePower Yoga offers varied forms of yoga practice and fitness classes. Classes last
up to 60 minutes and are scheduled to occur within the hours of 5 a.m. and 10:30 p.m., daily. Approximately
four employees, counting instructors and administrative staff, are anticipated to support the operation at any
given time. As proposed, the tenant space will be renovated and improved with two yoga rooms, a
reception/retail area, administrative office, and restroom with storage lockers for patrons. The proposed project
does not include any additional floor area and, therefore, does not increase the parking requirement.
In response to the Zoning Administrator’s question, Mr. Achis stated that the land use table of the North Newport
Planned Community Text prescribes a minor use permit requirement for health and fitness facilities.
Paul Shaver, of CAA Planning on behalf of CorePower Yoga, stated that he had reviewed the draft resolution
and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 3:25 p.m.
The agenda for the Zoning Administrator Hearing was posted on January 10, 2020, at 3:30 p.m. on
the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center
Drive and on the City’s website on January 10, 2020, at 12:15 p.m.
James Campbell
Zoning Administrator