Planning commission denies full use of rear driveway at 2350 Bristol Street after split testimony

The Newport Beach Planning Commission on March 19 denied a staff-approval request that would have allowed employees and delivery vehicles to routinely use the rear (Zenith) driveway at 2350 Bristol Street, voting unanimously to uphold staff’s recommendation to deny the change.

The commission’s action followed a lengthy staff presentation, testimony from the applicant and dozens of public speakers and a round of technical comments from the city traffic engineer and city attorney. Assistant Planner Daniel Cop Chevber told commissioners the property’s entitlement history and the county-approved exhibits show a controlled rear access intended for emergency access, and staff found the applicant’s submittal incomplete for the operational changes it sought.

“Changes should be consistent with the zoning code,” Daniel Cop Chevber said in his presentation, noting code‑enforcement visits since 2024 and that the original approvals include a controlled emergency access plan and condition-of-approval language (condition 19). Applicant representative Chuck Kurrikowski pushed back, saying the project was approved by Orange County before annexation and that he finds no document stating the Zenith driveway was for “emergency access only.” “Not a single document which says this driveway…was identified for emergency access only,” Kurrikowski told the commission.

The hearing split along predictable lines. Employees and tenants at the subject building testified that Bristol Street is a fast, high-volume corridor where turning and queuing create hazards; several said they regularly use the Zenith side for safety. “This is one of the reasons why continued access on Zenith Avenue is critical to the safety of employees, guests, and delivery vehicles,” said Neil Metler, who identified himself as a resident and an employee at the property.

Neighbors and long‑time residents said the rear gate historically functioned as restricted or emergency access. Charles Schoff, who gave an address near the driveway, said ballards, gates and signage historically kept the rear access closed and that the gate’s intermittent opening in recent years does not change the original intent. “We received letters from the county saying that that driveway onto Zenith would be for emergency only,” Schoff said.

City traffic engineer Kevin Riley told the commission that right turns are the safest movement from Bristol and that drivers can “inch forward” to see approaching traffic, but he also acknowledged that an 8‑foot overhead clearance at the Bristol entrance makes some delivery trucks problematic and that backing maneuvers would be a safety concern. “If a vehicle turns into that driveway and they can’t get through they need to back out of the driveway — that’s a safety concern,” Riley said.

City attorney Yolanda Summerill rejected the applicant’s comparison to cases involving vested rights, saying the Goat Hill Tavern decisions differ materially from the facts here and that the county plans and exhibits that call for controlled emergency access support staff’s interpretation. Summerill also noted staff had requested additional operational details the applicant did not provide.

Several commissioners agreed the core problem was an incomplete application; the commission noted there was no formal traffic study or an operational management plan presented. Commissioners also pointed to the county-approved plans showing ballards and a heavy-chain/locked gate as evidence the rear access was intended to be controlled.

Following deliberations, a commissioner moved to deny the staff-approval request; the motion was seconded and carried unanimously.

What’s next: commissioners suggested the applicant could return with a complete, well-documented application (including an operational and traffic/management plan) if it wants to pursue a change in the driveway’s authorized uses. The commission’s denial upholds staff’s reading of the historical approvals and preserves the existing nonconforming/enforcement posture described in the staff report.