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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
COUNCIL CHAMBERS
THURSDAY, JULY 16, 2020
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m.
Staff Present: Jaime Murillo, Zoning Administrator
Chelsea Crager, Associate Planner
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF JUNE 25, 2020
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 109 and 111 Bayside Place Slope Restoration Coastal Development Permit No. CD2020-
048 (PA2020-064)
Site Location: 109 and 111 Bayside Place Council District 6
Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal
development permit for the installation of a 24-inch v-ditch and matting system with non-invasive and water
efficient landscaping. The purpose is restore a slope that failed in December 2010. Since the slope failure, the
slope has been controlled with a temporary system of plastic sheeting and sandbags. The development area
is located on the inland side of a private road. There are four adjacent properties upslope of the subject
properties, and 239 and 301 Carnation Avenue are most impacted. A memorandum from the soils engineer
stated that the proposed work is necessary to protect existing development. The project will not affect public
views or public access. The project’s consistency with local coastal program bluff erosion policies is detailed in
the staff report and draft resolution. A condition of approval requiring a waiver of future protection was
inadvertently left out of the draft resolution and should be included.
Zoning Administrator Murillo inquired about the reason for the delay in a permanent solution to the slope failure.
Associate Planner Crager noted that it has since been controlled with temporary plastic sheeting and sandbags,
and that the Applicant may have insight into timing.
Zoning Administrator Murillo noted that the project is unique in that the properties above are located in the Bluff
Overlay of the Local Coastal Program Implementation Plan, though the subject properties are not. Area C of
the Bluff Overlay allows for drainage and landscaping, and the project is consistent with the standards of the
Bluff Overlay Area C. Policy 2.8.6-5 should be revised, because the bluff is not subject to marine erosion, to
state that the proposed development does not alter the natural shoreline process of marine erosion, however
it is necessary to protect existing principal residential structures along Bayside Place and Carnation Avenue as
detailed in the memorandum prepared by G3SoilWorks. The project will not result in any impacts to local
shoreline sand supply. This will clarify that this project will not have any impact on the natural erosion process
that results in sand nourishment along beaches, because there is a road and existing home development
below.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 07/16/2020
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Applicant Jake Winkle noted that the project has taken several years due to civil litigation, changes of
ownership, and preparation of plans and permits for the slope repair.
Applicant Jake Winkle, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees
with all of the required conditions, including the waiver of future protection.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 10:10 a.m.
The agenda for the Zoning Administrator Hearing was posted on July 10, 2020, at 2:30 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 10, 2020, at 2:15 p.m.
Jaime Murillo
Zoning Administrator
July 30, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 1. Draft Minutes of July 16, 2020
It is not clear from the last paragraph on Page 1 of 2 if the Zoning Administrator’s comment was:
(1)that Policy 2.8.6-5 in the City’s Costal Land Use Plan should be revised, or (2) that a reference
to that policy in the draft resolution should be applied.
I certainly agree that the policy itself is confusingly written and the breadth of its application
unclear.
As to the ZA’s comments about marine erosion, while Sec. 21.28.040.D.4 of our Local Coastal
Program Implementation Plan, and the accompanying Map 5, indicate the bluff that was the
subject of this hearing is not currently subject to marine erosion, the 1906 photo of the Hotel Del
Mar dock in the City’s Historic Photos archive (currently Photo 60) certainly suggests it was prior to
development of the homes on Bayside Place and their protective devices:
Zoning Administrator - July 30, 2020
Item No. 1a Additional Materials Received
Draft Minutes of July 16, 2020