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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JUNE 16, 2022
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Jaime Murillo, Zoning Administrator Caitlyn Curley, Planning Technician
Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MAY 26, 2022
Action: Approved as Amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Salt & Straw Minor Use Permit No. UP2022-002 (PA2022-015) Site Location: 2001 Westcliff Drive, Suite 102 Council District 3
Caitlyn Curley, Planning Technician, provided a brief project description stating that Salt and Straw, an ice
cream shop, is applying for a minor use permit to occupy a currently vacant space. Ms. Curley stated that the minor use permit is for a take-out, limited use and no alcohol, late hours, live entertainment or dancing is
proposed as part of the business. Ms. Curley also mentioned that the minor use permit had been conditioned to allow up to six seats, which is consistent with the take-out, limited land use requirements, and that Salt and
Straw will be parked at a rate of 1 parking space for every 250 square feet of gross floor area, which totals to five required parking spaces.
Ms. Curley also pointed out two discrepancies in the submitted materials. First, the public notice for this minor
use permit states the applicant was proposing 390 square feet of net public area, when they are in fact proposing 419 square feet, as shown on the plans. Additionally, the provided plans show a parking chart which
parks Salt and Straw at 1 parking space per 40 square feet of net public area, which is incorrect. The Zoning Administrator pointed out that the plans show four seats, while the resolution states that there will be no on-site seating. The Zoning Administrator stated that this is acceptable, since the take-out, limited land
use allows up to six seats. He also requested a typo in the resolution be corrected.
Applicant Moni Dosanjh of RSI Group, on behalf of the Company, stated that he had reviewed the draft resolution and agrees with all of the required conditions. Mr. Dosanjh also stated that while their original proposal did not include any seats, the four seats were added later to meet occupancy requirements from the Building Division. Mr. Dosanjh mentioned this is also the reason for the change in net public area.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that there were conflicting statements in the conditions of approval regarding the number of seats permitted as part of the project.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/16/2022
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The Zoning Administrator closed the public hearing and directed staff to modify one condition for clarity and another typographic error, as well as modify the resolution to state that the business can include up to six seats.
Action: Approved as Amended ITEM NO. 3 319 VIA LIDO SOUD, LLC Residence Coastal Development Permit No. CD2022-007 (PA2022-014) Site Location: 319 Via Lido Soud Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant is requesting
a coastal development permit (CDP) to allow the demolition of an existing single-family residence and construction of a new, two-story 5,170-square-foot single-family residence and attached 764-square-foot,
three-car garage.
The project site is a waterfront lot in the R-1 zone and the design complies with all the applicable
development standards. The property is protected by an existing bulkhead which will be raised and
reinforced to an elevation of 12.6 feet based on the North American Vertical Datum of 1988 (NAVD 88),
with the ability to be further raised to 14.0 feet (NAVD 88) in the future if needed. The project plans have
been reviewed by Building Division, Fire and Public Works Departments, which have provided conditions
of approval that are included in the draft resolution attached to the staff report. It is recommended that the
CDP application be approved, subject to the conditions in the draft resolution.
Applicant Brian Jowett of Brandon Architects, on behalf of the owners, 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, Jim Mosher, expressed that the proposed height should be more specifically stated in Table 1 of the staff report, that Section 4 of the resolution needed a CEQA determination stated, and that the resolution should be revised to state that public sandy beach areas are accessible from street ends throughout the neighborhood. The Zoning Administrator closed the public hearing and directed staff to revise the resolution to reflect Mr. Mosher’s suggestions. Action: Approved as Amended ITEM NO. 4 Menninger Residence Coastal Development Permit No. CD2022-020 (PA2022-058) Site Location: 2641 Circle Drive Council District 2 Liane Schuller, Planning Consultant, provided a brief project description stating that the project site is currently developed with a single-family residence and attached garage with a second level guest room that takes access from the alley. The applicant proposes to demolish the garage and guest room, and to reconstruct a larger garage with an accessory dwelling unit (ADU) above, in compliance with the development
standards for ADUs. The addition requires a Coastal Development Permit (CDP) because it exceeds 10 percent of the existing structure. The design complies with the development standards of the R-1 zone, as well as Local Coastal Program (LCP) standards related to access to coastal resources. The project has been routed and reviewed by Building Division, Fire and Public Works departments, and conditions of approval from those departments are included in the draft resolution.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/16/2022
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Ms. Schuller stated she has been in discussion with the Applicant and Building Division and would like to
propose revised language for Condition No. 19. A red-lined version of the condition has been distributed
for in-house and public review, and the Applicant has reviewed and is amenable to the revised language.
It is recommended that the request for a CDP be approved, subject to the conditions in the attached
resolution.
Applicant Thomas Burger, Architect, on behalf of the owners, 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, Jim Mosher, spoke and stated that Section 4 of the resolution should state the CEQA determination, and that Condition of Approval No.4 should specify what the deed restrictions are for the ADU.
The Zoning Administrator closed the public hearing and directed staff to revise the draft resolution to reflect Mr. Mosher’s suggested additions.
Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT
The hearing was adjourned at 10:27 a.m.
The agenda for the Zoning Administrator Hearing was posted on June 9, 2022, at 3:10 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 June 9, 2022, at 3:30 p.m.
Jaime Murillo Zoning Administrator