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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, AUGUST 29, 2019
REGULAR MEETING – 3:00 P.M.
I. CALL TO ORDER – The meeting was called to order at 3:00 p.m.
Staff Present: Rosalinh Ung, Zoning Administrator
Patrick Achis, Planning Technician
Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF AUGUST 15, 2019
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Arc Butcher and Baker Minor Use Permit No. UP2019-026 (PA2019-105)
Site Location: 417 30th Street Council District 1
Patrick Achis, Planning Technician, on behalf of Melinda Whelan, Assistant Planner, provided a brief project
description stating that the request was to convert an existing take-out service eating and drinking
establishment into a full-service eating and drinking establishment. The request includes adding 4 seats for a
total of 10 seats and adding a Type 41 Alcoholic Beverage Control License (On-Sale Beer and Wine). The
hours of operation will remain consistent with the existing operation at 7:00 a.m. to 10:00 p.m. and existing on-
site parking is provided with 8 parking spaces. The project is exempt from the requirements of a Coastal
Development Permit as the proposed changes are not considered an intensification of use. The Police
Department reviewed the proposal and had no objections to the request. Consequently, staff recommended
approval of the project.
Owners Marin Howarth and Noah Von Blom stated that they reviewed the draft resolution and agree with all of
the required conditions.
The Zoning Administrator opened the public hearing.
One member of the public, George Leeper, a neighbor of the subject property, stated several operational
concerns with employees parking in the alley, noise, and rooftop exhaust.
Another member of the public, Judy Leeper, a neighbor of the subject property, stated concerns with the
addition of another establishment serving alcohol within the vicinity and of the grease and exhaust emitting
from the subject property.
Charles Klobe, a member of the public, stated that twenty-five percent of restaurants in the city are not recycling,
and asked if there are conditions requiring recycling practices.
The Zoning Administrator closed the public hearing.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 08/29/2019
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In response to public comments, the Zoning Administrator clarified the request will convert the existing take-
out service to a full service restaurant and noted that the operational characteristics of the restaurant will
change. Conditions of approval have been included to ensure the operation is regulated to limit negative
impacts. The Zoning Administrator further clarified the noise standards within the mixed-use neighborhood in
which the subject property is located and that conflicts with the conditions of approval are addressed by the
Code Enforcement Division. Also, the City encourages recycling, but the Municipal Code does not currently
condition a requirement for restaurants to recycle.
Mr. Achis responded that the City has reviewed the original tenant improvement and found all mechanical
equipment to be Code compliant. A case filed with the Code Enforcement Division, relating to the exhaust
concern, was deferred to the Air Quality Management District, who observed no violations.
Mr. Achis amended Condition of Approval No. 4 to explicitly name the square footage of the net public area
and Condition of Approval No. 6 to remove the word “incidental.”
Action: Approved
ITEM NO. 3 Fluter Residence Coastal Development Permit No. CD2019-034 (PA2019-140)
Site Location: 1808 and 1808 1/2 West Ocean Front Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the project site is an
oceanfront lot located in the multiple-unit residential zone. The property is currently developed with an
existing residential duplex and the applicant is requesting approval to demolish the existing improvements
and construct a new single-family residence and attached two-car garage. A coastal development permit is
required because the site is located within the coastal zone.
The project complies with all applicable development standards, including the standards and approval
requirements of the City’s Local Coastal Program. The applicant submitted minor plan revisions, modestly
increasing the size of the garage and second floor of the structure. The architectural massing as shown on
the original plans is not affected by the revisions. The architect summarized and identified the changes
made to the original submitted plans. A copy of the original and revised floor plan has also been posted to
the City’s web page.
Correspondence was received from a member of the public, Mr. Jim Mosher, who commented on the
development density and development standards inconsistencies. Ms. Schuller noted that the City’s
application of density standards remains unchanged, and a single-family residence is allowed in the RM
zone. All numbers pertaining to the project’s square footage had been reviewed and corrected, and a
revised table was provided by staff summarizing project compliance with the standards.
Staff recommends approval of the application, subject to the findings and recommended conditions of
approval set forth in the draft Resolution, which has been revised to reflect staff response to the questions
raised in Mr. Mosher’s letter.
Applicant Bill Guidero, 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.
One member of the public, Mr. Charles Klobe commented that he had attended the City’s workshop on
residential guidelines, and believes that all single-family residences should be held to R-1 standards.
A second member of the public, Mr. Mosher, reiterated his opinion that single-family residences in the RM
zone are not consistent with the City’s Local Coastal Program. He also expressed concerns about how
square-footage is shown and reviewed as to accuracy.