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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JULY 14, 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 Liz Westmoreland, Associate Planner Melinda Whelan, Assistant Planner
II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JUNE 30, 2022 Action: Approved as recommended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 2038 East Ocean Front Addition Coastal Development Permit No. CD2022-018 (PA2022-056) Site Location: 2038 East Ocean Front Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a
coastal development permit (CDP) to allow an approximately 363-square-foot addition to an existing two-story, 2,072-square-foot single-family residence with an attached two-car garage. The proposed 363-
square foot addition would increase the gross floor area of the existing residence by at least 10 percent, therefore, a CDP is required. The new total floor area would be approximately 2,435 square feet with no
change to the existing two-car garage. The proposed design complies with all development standards and no deviations are requested. All proposed improvements will be made within the confines of the private
property.
Applicant Mark Becker, 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. One member of the public, Jim Mosher, spoke and asked for clarification on the measurement of height and
the project description. Mr. Mosher also clarified the requirements for the Acknowledgment of Coastal Hazards and Waiver of Future Protection
The Zoning Administrator closed the public hearing. The Zoning Administrator clarified the height as two levels with an existing tower of vaulted ceiling area. He
also added the method of measurement is per the Zoning Code for a lot that slopes greater than 5 percent. The Zoning Administrator also added that since this is a new project, a condition should be added to require a
new Acknowledgement of Coastal Hazards. Action: Approved as amended
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 07/14/2022
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ITEM NO. 2 Lido Theater Renovation Minor Use Permit No. UP2021-039 (PA2021-245) Site Location: 3459 Via Lido Council District 1
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a minor use permit to allow food and alcohol sales at the existing historic Lido Theater. The project would allow for a Type 41 Alcohol Beverage Control License and is accessory to the existing theater use. The theater operates until midnight; however, the alcohol sales would end by 11:00 p.m. There are planned renovations including accessibility upgrades and an addition. The physical improvements are not part of the minor use permit because the theater qualifies as a Landmark Structure under the Newport Beach Municipal Code and
is exempt from several sections of the code. Ms. Westmoreland pointed out various areas of the staff report including a statement that the project is eligible for listing on the register of historic places. Ms. Westmoreland requested to remove three conditions of approval in the draft resolution including condition numbers 40, 41, and 42. Those conditions are intended for a restaurant use and not a theater use.
The Zoning Administrator also removed a reference to a restaurant facility under condition of approval no. 47
in the draft resolution to replace it with theater use. Applicant John Loper, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. Mr. Loomis stated that they are seeking to improve accessibility and provide
alcohol and hot food to compete with other theaters in the area.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, asked if the bike racks near the proposed outdoor patio would be replaced, and asked about the conditions of approval from the Police Department and how they compared to
conditions placed on a prior approval for the Port Theater. Mr. Mosher also asked about the condition prohibiting dancing at the theater.
The Zoning Administrator closed the public hearing and stated that the Port theater referenced by Mr. Mosher
was approved for alcohol sales at a time when it was less common in theaters.
Ms. Westmoreland stated that the conditions of approval are provided by the Police Department based on their comfort level and experience with the use. Theaters with alcohol service are common now, and it provides an
opportunity for them to revitalize the business. Ms. Westmoreland pointed out the alcohol service would end by 11:00 p.m., and alcohol would be sold at the concession area where identification would be checked. Special
Event permits would be required to allow for special events such as the Newport Beach Film Festival.
Mr. Loper stated the seats are fixed so there is no dance floor. The bike racks displaced by the outdoor dining area would be replaced.
The Zoning Administrator closed the public hearing.
Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT The hearing was adjourned at 10:27 a.m.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 07/14/2022
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The agenda for the Zoning Administrator Hearing was posted on July 7, 2022, at 5:30 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 July 7, 2022, at 6:00 p.m.