HomeMy WebLinkAbout2013-67 - Waving Condition No. 8 Imposed by City Council Resolution No. 2009-52 for the "AERIE" Project Located at 201-205, 207 Carnation Avenue and 101 Bayside Place (PA2013-155)RESOLUTION NO. 2013 -67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH WAIVING CONDITION NO. 8 IMPOSED BY
CITY COUNCIL RESOLUTION NO. 2009-52 FOR THE "AERIE"
PROJECT LOCATED AT 201 -205, 207 CARNATION AVENUE
AND 101 BAYSIDE PLACE (PA2013 -155)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Brion Jeannette Architecture, representing the property
owner, with respect to property located at 201 -205, 207 Carnation Ave and 101 Bayside
Place, requesting waiver of Condition No. 8 imposed by City Council Resolution No.
2009 -52.
2. On July 14, 2009, the City Council approved Resolution No. 2009 -52 for the AERIE
project which consists of the redevelopment of two properties at the corner of
Carnation Avenue and Ocean Boulevard with a 7 -unit condominium building.
3. Condition No. 8 reads as follows:
Prior to the issuance of a grading or building permit, the applicant shall provide the City
with a performance bond or its equivalent to ensure timely completion of all
improvements represented on plans and drawings submitted for permit approval in the
event construction of improvements consistent with project approval is abandoned. The
performance bond or its equivalent shall be an amount equal to 100% of the cost of
completing project improvements from the start of grading activities up to completion of
the building shelf and shall be issued with the City as beneficiary by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California and shall have an assigned policyholders' Rating of A
(or higher) and Financial Size Category Class Vll (or larger) in accordance with the latest
edition of Bests Key Rating Guide unless otherwise approved by the City Risk Manager.
The bond or equivalent shall be released in 25% increments upon completion of each
quarter of construction of the building shell.
4. Condition No. 8 was created based on concerns that the project would be abandoned
during construction. The project has been modified since its approval requiring
significantly less excavation.
5. A public hearing was held on September 10, 2013, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
City Council Resolution No. 2013 -67
Paae 2 of 2
City Council find this action not subject to covered by the California Environmental
Quality Act (CEQA) by the general rule that only applies CEQA to projects that have the
potential for causing a significant effect on the environment (Section 15061.b.3 of the
CEQA Guidelines). It can be seen with certainty that there is no possibility that the waiver
of Condition No. 8 requiring a bond for the completion of the AERIE building shell will
have a significant effect on the environment as the condition in question does not involve
any physical aspect of the previously approved project It should also be noted that the
City previously certified an Environmental Impact Report for the AERRE project.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby waives Condition No. 8 imposed
by City Council Resolution No. 2009 -52.
ATTEST:
i1 ►j -'
BY: 15� '",,G'
KEITH D. CURRY, MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -67 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 10`h day of September, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11`" day of September, 2013.
04 , ofh---
City Clerk
Newport Beach, California
(Seal)