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HomeMy WebLinkAbout16 - AERIE Project - Attachment DLI C 11 ATTACHMENTS Planning Commission record 1. Planning Commission Resolution No. 1723 2. Staff Report dated May 17, 2007 3. Excerpt of minutes from May 17, 2007 hearing 4. Staff Report dated April 5, 2007 5. Excerpt of minutes from April 5, 2007 hearing 6. Staff Report dated February 22, 2007 7. Excerpt of minutes from February 22, 2007 hearing D.f Page left blank intentionally LJ RESOLUTION NO. 1723 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2007021054) AND APPROVE GENERAL PLAN AMENDMENT NO. 2005 -006, COASTAL LAND USE PLAN AMENDMENT NO. 2005 -002, CODE AMENDMENT NO. 2005 -009, NEWPORT TRACT NO. 2005 -004 (TRACT 16882), MODIFICATION PERMIT NO. 2005 -087 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -002 FOR PROPERTY LOCATED AT 201 -205, 207 CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005496). WHEREAS, applications were filed by Advanced Real Estate Services, Inc. with respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place to construct a 9 -unit residential condominium development on a 1.4 acre site. The applications filed are: 1. General Plan Amendment No. 2005 -006 to change the land use designation of a 584 square -foot portion of a parcel identified as 101 Bayside Place from RT (Two-Unit Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre). ® 2. Coastal Land Use Plan Amendment No. 2005 -002 to change the Coastal Land Use Plan designation of the same 584 square foot portion of a parcel identified as 101 Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre). 3. Zone Change No. 2005 -009 to change the zoning designation of the 584 square -foot portion of a parcel identified as 101 Bayside Place from R -2 (Two - Family Residential) to MFR (Multifamily Residential, 2178 square feet per unit). 4. Newport Tract No. 2005 -004 (TT16882) combines the 584 square -foot portion of a parcel identified as 101 Bayside Place with parcels identified as 201 -205 Carnation Avenue and 207 Carnation Avenue, and subdivides the air space for 9 residential condominium units. 5. Modification Permit No. 2005 -087 permits a 5 -foot subterranean encroachment into the required 10 -foot front setback along Carnation Avenue, an above -grade and subterranean encroachment of T -1" into a required 10' -7" side yard setback between the project and 215 Carnation, and a 5' -7" above -grade and subterranean encroachment into a required 10' -7" side yard setback between the project and 215 Carnation. 6. Coastal Residential Development Permit No. 2005 -.002 to review the potential loss of affordable housing within the Coastal Zone pursuant to Chapter 20.86 of the Municipal Code. D -3 City of Newport Beach Planning Commission Resolution No. 1723 Page 2 of 34 WHEREAS, on February 22, 2007, April 5, 2007, and May 17, 2007, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the applications; project and a draft Mitigated Negative Declaration was considered. Notice of time, place and ,purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the project site has two separate land use designations assigned by the Land Use Element of the General Plan (584 square -feet is designated RT (Two -Unit Residential) and the remaining portion of the site, 60,700 square -feet, is designated RM (Multi -Unit Residential, 20 dwelling units per acre).. The proposed amendment changing the land use designation of the 584 square -foot portion of the site to match the remainder of the site will numerically allow 1 additional unit; however, the density limitation as dictated by the Zoning Ordinance is more restrictive as it excludes submerged lands and slopes in excess of 50% from the calculation. The density of the proposed project is well below the resulting maximum density permitted by the General Plan (28 dwellings) and it is consistent with the maximum density allowed by the existing MFR zone (9 units). The residential condominium project is consistent with the proposed Multi- Family Residential land use designation and is consistent with the residential developments within the area. WHEREAS, Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment represents an increase of 1 dwelling unit and an increase of 1 A.M. and 1 P.M. peak hour trip. Additionally, no prior amendments have been approved within Statistical Area F3 and, therefore, the project and prior amendments do not cumulatively exceed Charter Section 423 thresholds as to require a vote of the electorate. WHEREAS, the proposed project subject to conditions of approval is consistent with General Plan Policy LU5.1.9 inasmuch as building elevations that face public streets need to be treated to achieve the highest level of urban design and neighborhood quality. Architectural treatment of building elevations and the modulation of mass are important to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume. Street elevations need to be provided with high quality materials and finishes to convey quality. Roof profiles should be modulated to reduce the apparent scale of large structures and to provide visual interest and variety. Parking areas should be designed to be integral with the architecture of the development. Usable and functional private open space for each unit should be incorporated. Common open space that creates a pleasant living environment with opportunities for recreation should also be provided. The project D- City of Newport Beach ® Planning Commission Resolution No. 1723 Page 3 of 34 design incorporates building articulation, roof modulation and a diverse architectural style. Although specific exterior finishes or building materials are not identified at this time, the applicant and architect are committed to providing the highest quality project commensurate with the expense of the project and appropriate to their target buyer. Parking areas are integrated within the overall design and each unit has an outdoor deck or patio that may include a fire pit and spa. Common recreational amenities and storage areas for each unit are provided. WHEREAS, the proposed project subject to conditions of approval is consistent with General Plan Policy LU 5.1.8 that requires adequate enclosed parking considering the number of bedrooms. Seven of the units have three bedrooms and 2 of the units have four bedrooms; however, all of the units have other rooms that could be used as bedrooms and the unit sizes range from 4,000 to 6,300 square feet. The project provides 3 spaces for each of 7 units and 2 spaces for each of the 2 remaining units (25 spaces). Seven (7) guest parking spaces and 2 golf cart spaces are provided for a total of 34 covered, vehicle spaces. Provided parking is in excess of the minimum required pursuant to the Zoning Code (2.5 parking spaces per unit for total of 23 spaces). WHEREAS, the proposed project is consistent with General Plan Policy CE7.1.8 and Policy CE7.1.1 as well as Coastal Land Use Policy 2.9.3 -1 that requires new development to avoid the use of parking configurations or parking management ® programs that are difficult to maintain and enforce and that require new development to provide .adequate, convenient parking for residents, guests, business patrons and visitors for the following reasons: The below grade parking configuration accessed by elevators is sufficiently convenient in that two vehicle elevators are proposed, which will reduce vehicle wait times to avoid significant conflicts. Emergency power generators are required so that vehicle access is maintained if electrical power is lost. The vehicle maneuvering areas within the parking areas meet applicable standards required by the City Traffic Engineer. WHEREAS, the Land Use and Natural Resources Elements of the General Plan contain general policies regarding the protection of public views, visual resources, coastal bluffs and other natural resources and the Coastal Land Use Plan (CLUP) reflects these same policies and includes additional policies that expand upon the topics addressed in the Land Use and Natural Resources Elements of the General Plan and are applicable only within the Coastal Zone such that a finding of consistency with the CLUP is an implicit finding of consistency with the Land Use Element of the General Plan. Accordingly, based upon facts in support of findings that the project's consistency with the relevant CLUP policies as indicated below, the project is determined to be consistent with all resource protection policies within the Land Use and Natural Resources Elements. WHEREAS, the Coastal Land Use Plan (CLUP) designates the majority of the ® site RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) and a 584 D. 5 City of Newport Beach Planning Commission Resolution No. 1723 Page 4 of 34 square toot portion of the site is designated RH -D High Density Residential - 50.1 to 60 dwelling units per acre. The proposed amendment of the land use designation for the 584 square foot portion of the site will result in a land use designation the same as the larger portion of the site and will numerically increase the maximum permissible project density by 1 unit, from 13 to 14, but the maximum permissible density pursuant to the RM -A Zoning for the site. WHEREAS, the proposed project is consistent with applicable policies within Chapter 2 (Land Use and Development) of the Coastal Land Use Plan based upon the following: 1. Policy Z7 -1. Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. The project conforms to the height limit of the MFR zone and no deviation is proposed. The project proposes 76,333 gross square feet, well below the maximum 90,759 allowed by the existing MFR zone standard. The proposed 9 -unit project is below the maximum permissible density established by the RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre). Setback encroachments are primarily subterranean and would not impact the character of the area. The only above - ground encroachments are on the north side of the building. The project provides between 5 and 7.5 feet of separation at the street level and approximately 28 to 30 feet of separation on the levels above. No public view exists in this area where the above- ground encroachments are requested. The setback proposed will provide adequate separation from the building to the north and the encroachments will not impact fragile resources as they are located on the opposite side of the building away from the bluff and bay. 2. Policy 2.7 -2. Continue the administration of provisions of State law relative to the demolition, conversion and construction of low and moderate- income dwelling units within the coastal zone. Government Code Section 65590 (Mello Act) regulates the demolition or conversion of low and moderate income units within the Coastal Zone. All units were vacated in December of 2001 and only a caretaker resides in the apartment. No low or moderate income residents currently reside within the project and, therefore, Government Code Section 65590 is not applicable. 3. Policy 2.8.1 -1. Review all applications for new development to determine potential threats from coastal and other hazards. Policy Z.8.1 -2. Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. I A City of Newport Beach ® Planning Commission Resolution No. 1723 Page 5 of 34 Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006. Given the location, topography and development proposed, potential hazards are seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis. Seismic issues are mitigated with the implementation of the Building Code and coastal bluff retreat is not expected to impact the project during the 75 year economic life of the building. Inundation by wave action or tsunami is considered very remote and the proposed improvements are well above wave action. 4. Policy 2.8.1 -4. Require new development to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and Cliffs. Policy 2.8.3 -1. Require all coastal development permit applications for new development on a beach or on a coastal bluff property subject to wave action to assess the potential for flooding or damage from waves, storm surge, or seiches, ® through a wave uprush and impact reports prepared by a licensed civil engineer with expertise in coastal processes. The conditions that shall be considered in a wave uprush study are: a seasonally eroded beach combined with long -term (75 years) erosion, high tide. conditions, combined with long -tern (75 year) projections for sea level rise; storm waves from a 100 -year event or a stone that compares to the 1882183 El Niho event. Policy 2.8.6.10. Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years). Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in areas of known or potential geologic or seismic hazards], to include a geologic /soiWgeotechnical study that identifies any geologic hazards affecting the proposed project site, any necessary mitigation measures, and contains a statement that the project site is suitable for the proposed development and that the development will be safe from geologic hazard. Require such reports to be signed by a licensed Certified Engineering Geologist or Geotechnical Engineer and subject to review and approval by the City. A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the Coastal Hazard Study prepared by GeoSoils Inc -, dated October 2006, a Stormwater Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005 collectively indicate that the project will not be subject to nor contribute to erosion, �J 0.7 City of Newport Beach Planning Commission Resolution No. 1723 Page 6 of 34 geologic instability, geologic hazard nor require shoreline protective devices during the economic life of the structure (75 years). 5. Policy 2:5.6 -9. Require property owners to record a waiver of future shoreline protection for new development during the economic life of the structure (75 years) as a condition of approval of a coastal development, permit for new development on a beach, shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff. Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the certification of the LCP, unless a waiver of future shoreline protection was required by a previous coastal development permit. A waiver of future shoreline protective devices is included as a condition of approval. 6. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street parking spaces and close curb cuts to create new public parking wherever feasible. The project will reduce the width of existing curb cuts creating 3 additional street spaces. WHEREAS, the proposed project is consistent with Chapter 3 (Public Access) of the Coastal Land Use Plan based upon the following: Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails. Policy 3.1,2 -1.. Protect, and where feasible, expand and enhance public access to and along coastal bluffs. Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to avoid or minimize impacts to coastal bluffs. Policy 3.1.1 -11. Require new development to minimize impacts to public access to and along the shoreline. Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that achieves the following: • Maximizes public access to and along the shoreline; • Includes pedestrian, hiking, bicycle, and equestrian trails; • Provides connections to beaches, parks, and recreational facilities; • Provides connections with trail systems of adjacent jurisdictions; • Provides access to coastal view corridors, • Facilitates attemative modes of transportation; • Minimizes alterations to natural landforms; • Protects environmentally sensitive habitat areas; • Does not violate private property rights. is � i City of Newport Beach Planning Commission Resolution No. 1723 Page 7 of 34 Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible, including Corona del Mar and other areas of limited public accessibility. Policy 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (OTD) an easement for lateral public access for all new shorefront development causing or contributing to adverse public access impacts. Such dedication or easement shall extend from the limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the primary extent of development (e.g. intersection of sand with toe or top of revetment, vertical face of seawall, dripline of deck, or toe of bluff). Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement for vertical access in all new development projects causing or contributing to adverse public access impacts, unless adequate access is available nearby. Vertical accessways shall be a sufficient size to accommodate two-way pedestrian passage and landscape buffer and should be sited along the border or side property line of the project site or away from existing or proposed development to the maximum feasible extent. Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible, including Corona del Mar and other areas of limited public accessibility. Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access from the nearest public roadway to the shoreline and along the shoreline with new development except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources or (2) adequate access exists nearby. Policy 3.1.1 -27. implement public access policies in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following. • Topographic and geologic site characteristics; • Capacity of the site to sustain use and at what level of intensity; • Fragility of natural resource areas; • Proximity to residential uses; • Public safety services, including lifeguards, fire, and police access; • Support facilities, including parking and restrooms; • Management and maintenance of the access; • The need to balance constitutional rights of individual property owners and the public's constitutional rights of access. The project site has no dedicated public access easements or physical access to the coastal bluff or bay. No abutting vertical or lateral public access presently exists that ® would connect to any access that might be considered within the development. The /J. 9 City of Newport Beach Planning Commission Resolution No. 1723 Page 8 of 34 steep topography of the site makes vertical access a safety concern and access for the disabled could not be accommodated. Support facilities presently do not exist nor are they planned, and parking in the area is constrained. Lastly, access through the site would be in close proximity to residential uses. The lower portion of the bluff, submerged lands and tidelands will remain in their existing condition. Public access to the tidelands from the water will not be affected as the development will be well above the tidelands. Access to the designated view point at the end of Carnation Avenue will also remain unaffected and the public view from that point and Ocean Boulevard will be enhanced with project approval with the installation of a bench, and/or other public amenity at the comer to improve the experience. The project will create 3 new parking spaces along Carnation Avenue with the reduction in the width of the existing driveway approaches. These new public parking spaces will enhance access to the area. With the reduction in residential density and the fact that no access rights or proscriptive access rights exist, the project will not impact or impede public access. Public access to the bay is currently provided in the vicinity at China Cove, Lookout Point and at a street -end located in the 2300 block of Bayside Drive. These access points are located approximately 450 feet to the east, 1,125 feet to the east and approximately 480 feet to the northwest, respectively. Based upon the forgoing, requiring public access easements or outright dedication of land for public access is not necessary. WHEREAS, the proposed project is consistent with Policy 4.1.3 -1 of the Coastal Land Use Plan that states "Utilize the following mitigation measures to reduce the potential for adverse impacts to ESA natural habitats from sources including, but not limited to, those identified in Table 4.1.1. Only Subsections E, F, G, and N are applicable to the proposed project as the other subsections are clearly inapplicable as they relate to different physical and operational aspects of Newport Bay. E. Limit encroachments into wetlands to development that is consistent with Section 30233 of the Coastal Act and Policy 4.2.3 -1 of the Coastal Land Use Plan. No encroachment into wetlands is proposed with the project. F. Regulate landscaping or revegetation of blufftop areas to control erosion and invasive plant species and provide a transition area between developed areas and natural habitats. A condition of approval requires all non- native plantings on the bluff to be removed and revegetation of the bluff face is regulated to only allow native and non - invasive plantings indigenous to the California coastal bluff environment. G. Require irrigation practices on blufftops that minimize erosion of bluffs. D. l cJ City of Newport Beach Planning Commission Resolution No. 1723 Page 9 of 34 An irrigation plan is required pursuant to conditions of approval for the project and temporary irrigation on the bluff face may only be to be used to establish vegetation. H.. Prohibit invasive species and require removal in new development. A condition of approval requires all non - native plantings on the bluff to be removed and revegetation of the bluff face is regulated to allow only native and non - invasive plantings indigenous to the California coastal bluff environment. WHEREAS, the proposed project is consistent with the following policies of Chapter 4 (Coastal Resource Protection) based upon the following: Policy 4.3.1 -5. Require development on steep slopes or steep slopes- with erosive soils to implement structural best management practices (BMPs) to prevent or minimize erosion consistent with any load allocation of the TMDLs adopted for Newport Bay. Policy 4.3.1 -6. Require grading /erosion control plans to include soil stabilization on graded or disturbed areas. ® Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance activities such as clearing and grading, limiting cut -and fill to reduce erosion and sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require construction to minimize disturbance of natural vegetation, including significant trees, native vegetation, root structures, and other physical or biological features important for preventing erosion or sedimentation. Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs designed to prevent or minimize polluted runoff to beach and coastal waters. Policy 4.3.2 -23. Require new development applications to include a Water Quality Management Plan (WQMP). The WQMP`s purpose is to minimize to the maximum extent practicable dry weather runoff, runoff from small storms (Jess than 314" of rain falling over a 24 -hour period) and the concentration of pollutants in such runoff during construction and post - construction from the property. An Erosion and Sediment Control Plan, Stormwater Pollution Prevention plan and a Water Quality Management Plan are required and include best management practices to ensure that erosion is controlled to the maximum extent feasible. WHEREAS, the proposed project is consistent with Policy 4.4.3 -4. of the Coastal Land Use Plan that states "On bluffs subject to marine erosion, require new accessory structures such as decks, patios and walkways that do not require structural foundations to be sited in accordance with the predominant line of existing development in the ® subject area, but not less than 10 feet from the bluff edge. Require accessory structures p•ki City of Newport Beach Planning Commission Resolution No. 1723 Page 10 of 34 to be removed or relocated landward when threatened by erosion, instability or other hazards." No new accessory structures are proposed. The policy also requires that accessory structures be removed or relocated landward when threatened by erosion, instability or other hazards. A condition of approval is included such that the existing accessory structures (concrete pad, staircase and walkway) will be removed if threatened by erosional processes in the future. WHEREAS, the proposed project is consistent with Policy 4.4.3 -11 of the Coastal Land Use Plan that states "Require applications for new development to include slope stability analyses and erosion rate estimates provided by a licensed Certified Engineering Geologist or Geotechnical Engineer." A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005 collectively indicate that the project will not be subject to nor contribute to erosion, geologic instability, geologic hazard nor require shoreline protective devices during the economic life of the structure (75 years). WHEREAS, the proposed project is consistent with the following policies of Chapter 4 (Coastal Resource Protection) that regulate the protection of public views based upon the following: Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Policy 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. Policy 4.4.1 -4. Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas. Policy 4.4.1 -6. Protect public coastal views from the following roadway segments... Ocean Boulevard. (Figure 4-3 of the CLUP identifies the intersection of Carnation Avenue and Ocean Boulevard as a "view point.') Policy 4.4.1 -7. Design and site new development, including landscaping, on the edges of public coastal view corridors, including those down public streets, to frame and accent public coastal views. A City of Newport Beach ® Planning Commission Resolution No. 1723 Page 11 of 34 Policy 4.4.2 -2. Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. Policy 4.4.2 -3. Implement the regulation of the building envelope to preserve public views through the height, setback, floor area, lot coverage, and building bulk regulation of the Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize public view opportunities. A public view presently exists over the southeastern portion of the site from Ocean Boulevard and Carnation Avenue to the south and southwest between the existing 14- unit apartment building and improvements on the adjoining property to the southeast. The siting of the proposed building would provide a greater separation between these properties than exists today. Presently, the horizontal view window measures 25 degrees and with the project, the view window will increase to 32 degrees. Based upon the visual simulation prepared by the project architect, the public view from Ocean Boulevard to the west will also be improved due to the position of the proposed building. Subsequent to the preparation of the visual simulation, the applicant revised the project to reduce the bayward extent of Unit 2 on Level 4 to improve the public view over the project to the west. Although the proposed building is taller than the existing building, there is no public view over the buildings; therefore, the taller building proposed will not ® impact a public view. The project is consistent with the 28 -foot building height limit as demonstrated on Sheet A -16 and verified by staff, and with other building envelope restrictions with the exception of setback encroachments as proposed. The above - grade encroachment of the building on the northerly portion of the project site is one - story and does not impact a public view as one presently does not exist in that location. Other setback encroachments are below the grade of the street and would not impact a public view. No other public views exist from the street through the site due to the position of the current buildings. Therefore, the proposed project will not have an impact upon existing public views through the site to the south and west. The recordation of a public view easement to protect the public view over the site from Ocean Boulevard and Carnation Avenue is required as a condition of approval. WHEREAS, the proposed project is consistent with the following policies of Chapter 4 (Coastal Resource Protection) as they related to the scenic and visual qualities of the coastal zone and to minimizing the alteration of the coastal bluff based upon the following: Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Policy 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. ® Policy 4.4.1 -3 Design and site new development to minimize alterations to significant p, � 3 City of Newport Beach Planning Commission Resolution No. 1723 Page 12 of 34 natural landforms, including bluffs, cliffs and canyons. Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration of coastal bluffs to the maximum extent feasible, such as: A. Siting new development on the flattest area of the site, except when an alternative location is more protective of coastal resources. B. Utilizing existing driveways and building pads to the maximum extent feasible. C. Clustering building sites. D. Shared use of driveways. E Designing buildings to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and building design. F. Utilizing special foundations, such as stepped, split level, or cantilever designs. G. Detaching parts of the development, such as a garage from a dwelling unit. H. Requiring any altered slopes to blend into the natural contours of the site. Existing development of the site is located on the face of a coastal bluff based upon the professional opinion of Sidney Neblett, a Certified Engineering Geologist. The coastal bluff transitions from north - facing to west - facing approximately at a point that leads down to the water that provides the western extent of a small pocket beach unofficially known as Carnation Cove. North of the transition point of this coastal bluff, is a series of residential structures developed between 42 and 58 feet above mean sea level. East of the transition point along Ocean Boulevard is a series of past projects that were developed much further down the bluff face with several at the waters edge. In looking at an equai amount of bluff face development on either side of the transition point, 0 0./ y City of Newport Beach ® Planning Commission Resolution No. 1723 Page 13 of 34 neither development pattern appears to dominate the other. Based on substantial evidence in the record, the Planning Commission, acting in its advisory capacity to the City Council, has determined that the predominant line of existing development is best depicted by a line that reflects the transition from the west - facing portion of the bluff to the north- facing portion and the corresponding transition in the extent of development on each of those portions. The proposed project/bluff interface line approximates a reasonable transition between the higher development pattern on Carnation Avenue and the lower development pattern on Ocean Boulevard and corresponds with the extent of development set forth in the applicant's project proposal. The applicant has agreed to modify its proposal, if and as needed, to provide that the project will be sited in accordance with the predominant line of existing development as ultimately established by the City Council. Therefore, the modified proposal is consistent with CLUP Policies 4.4.3 -8 and 4.4.3 -9. Additionally, the modified proposal minimizes alteration of the coastal bluff and protects public views of the coastal bluff by not allowing development to extend below the predominant line of existing development. For that same reason, it also protects the scenic and visual qualities of the coastal zone pursuant to CLUP Policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3. Development within the predominant line of existing development utilizes the flattest portion of the lot although it would occupy areas outside the existing building pads. Lastly, the project is required to blend any altered slopes outside of the building footprint to blend them into the natural ® contours of the site. WHEREAS, the granting of the Modification Permit application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code for the following reasons: The site is irregular in shape, has steep topography and has submerged lands which make it difficult to design a project at the density proposed while providing required parking. Approximately 65% of the site is submerged or has slopes in excess of 50 %. The need to provide on -site parking requires that a significant portion of the building area be allocated for the parking garage, thereby reducing available area for residential units. The required side yard setback is also larger than the required front yard setback and the application of this standard represents a practical difficulty given the relatively small buildable area available on the entire site. WHEREAS, the granting of the Modification Permit will be compatible with the existing development in the neighborhood for the following reasons: The requested encroachments within the front yard will be entirely subterranean and will not be visible. The encroachments within the side yard on levels below the street will also not be visible. The side yard setback encroachment on Level (above the street) provides a T -6" setback for approximately 57.5% of the length of the building and 5' for approximately 42.5% of the length of the building. The larger setback is closer to the ® street. On Levels 5 and 6 above the encroachment on Level 4, the project provides a 28 ®, /5 City of Newport Beach Planning Commission Resolution No. 1723 Page 14 of 34 to 30 -foot setback in excess of the minimum 10' -7" setback. This increased setback provides an enhanced separation of building masses of the project building and the single - family home to the north. This increased setback provides private views over the building from upper levels of residences across Carnation Avenue and enhanced building articulation as suggested by General Plan policy. WHEREAS, the granting of the Modification Permit application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood for the following reasons: The setback encroachments are predominantly subterranean and the above - ground, encroachments are off -set with increased setbacks above grade and they do not block Public views. WHEREAS, Newport Tract No. 2005 -004 (TTM16882) can be approved based upon the following findings: The modified project is consistent with the current land use designation including the proposed amendment. The project is consistent with Land Use Element Policy LU5.1.9 regarding the character and quality of multi - family residential development. The project is consistent with Land Use Element and Natural Resources Element policies related to the protection of public views, visual resources, coastal bluffs and other natural resources based upon the project's consistency with the Coastal Land Use Plan. The site is not subject to a specific plan. Minimum lot sizes established by the Zoning Ordinance are also maintained as required by the City Subdivision Code. The tentative tract map, pursuant to the conditions of approval, is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map. The buildable area of the site is relatively small compared to the entire 1.4 acre site. The site is not likely to be subject to coastal erosional processes or hazards during the 75 year economic life of the project No earthquake faults were found on -.site and there is not likely to be and incidence of landslide, lateral spreading, subsidence, liquefaction, or collapse on -site or near the site given on -site soils conditions. These factors indicate that the site is suitable for development. The design of the subdivision and proposed improvements subject to conditions of approval will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat based upon the Mitigated Negative Declaration (SCH #2007021054) and the adoption of mitigation measures as conditions of project approval. 4. The tract map would subdivide airspace for residential condominium purposes and is not expected to cause serious public health problems given the use of typical t).! City of Newport Beach Planning Commission Resolution No. 1723 Page 15 of 34 construction materials and practices. No evidence is known to exist that would indicate that the proposed subdivision will generate any serious public health problems:. All mitigation measures as outlined in the Mitigated Negative Declaration and the Building, Grading and Fire codes will be implemented to ensure the protection of public health. 5. The proposed subdivision will not conflict with easements, acquired by the public at large, because a utility and sewer easement that affects the site is presently not in use and can be abandoned. The design of the proposed subdivision will not impact an existing storm drain easement and storm drain as proposed improvements will not encroach upon the existing easement. The storm drain easement will appear on the final map. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the proposed project. 6. The site is not subject to a Williamson Act contract. 7. The property is not located within the boundaries of a specific plan; S. The-subdivision is subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on ® location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and field inspection processes. The site has a western exposure and incorporates curved roof elements that will provide some shading of windows and passive solar cooling. Significant exterior wall segments are below grade which will benefit from passive cooling. 9. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing needs although the proposed subdivision will have the effect of reducing the residential density on the site from 15 units to 9 units. The reduction is insignificant given the City s current housing supply. Although the reduction in units does not assist the City in reaching its production goals, no affordable housing units are being eliminated based upon the fact that the project was not occupied by low or moderate income households. The reduction in density is consistent with existing density limitations of the Municipal Code. 1O.Wastewater discharge into the existing sewer system will be consistent with existing residential use of the property, which does not violate Regional Water Quality Control Board (RWQCB) requirements. 11.The proposed subdivision is entirely within the coastal zone and the site is not presently developed with coastal- related uses, coastal- dependent uses or water oriented recreational uses that would be displaced by a non- priority use. The project site is constrained by topography and public access exists nearby making on -site vertical and lateral access unnecessary. Public access to the area is enhanced as a P./7 City of Newport Beach Planning Commission Resolution No. 1723 Page 16 of 34 result of increasing public parking opportunities on Carnation Avenue afforded by 3 on street parking spaces to be added with closure of existing driveway curb cuts. The position of the proposed building enhances public views from Ocean Boulevard and Carnation Avenue by increasing the view angle between the development on the project site and adjacent development. The modified project developed in accordance with the conditions of approval will minimize alteration of the coastal bluff and preserve the scenic and visual quality of the coast by preserving the bluff below the 52 -foot MSL elevation. Lastly, the project will not impact sensitive marine resources with the implementation of the conditions of approval. WHEREAS, the project would demolish 15 dwelling units within the Coastal Zone within 2 buildings and pursuant to Chapter 20.86 of the Zoning Code, demolished units occupied by low or moderate income households must be replaced if such replacement is determined to be feasible. The 15 units are not occupied by low or moderate income households, and therefore, no replacement units are required. Households potentially meeting the low or moderate income limits were not evicted for the purpose of avoiding a replacement requirement within the previous 12 months. 'WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) (SCH No. 2007021054) have been prepared pursuant to the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was initially circulated for public comment between January 10, 2007 and March 15, 2007. During the February 22, 2007, public hearing comments on the adequacy of the environmental document were received by the Planning Commission. Those comments led to revisions to the draft MND. The revisions provide additional project information and clarification and no new environmental impacts were identified. The revised MND was recirculated for public comment from April 16, 2007, through May 15, 2007. The contents of the revised environmental document have been considered in prior to rendering of the various decisions on this project. Because on May 17, 2007, the project applicant agreed to modify its proposal to limit development to the predominant line of existing development as that line may ultimately be established by the City Council, the Planning Commission has determined that the MND must again be amended and recirculated prior to action by the City Council. WHEREAS, with the applicant's agreement to modify its proposal as described in the preceding paragraph, the project, as modified and mitigated, will have a less than significant effect on the environment. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less a �!� City of Newport Beach ® Planning Commission Resolution No. 1723 Page 17 of 34 than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. WHEREAS, the Planning Commission has held three public hearings on the application, is acting in an advisory capacity to the City Council in this matter, and believes that further hearings after circulation of the revised MND would not benefit the Planning Commission's consideration of the application. WHEREAS, the CEQA Guidelines require only that the final MND for the project be circulated prior to final action by the City Council. WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. ® NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration SCH No. 2007021054 included therewith, provided that: Prior to City Council action on the application, the MND shall be revised to eliminate specific conclusions as to the location of the predominant line of existing development and reflect that the applicant has agreed to modify its proposal to restrict all development to the predominant line of existing development as ultimately determined by the City Council. Prior to City Council action on the application, the revised MND shall have been circulated for public review for no less than thirty days. The document and all material which constitute the record upon which this decision was based are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section 2. Based on the aforementioned findings, but subject to revision and recirculation of the MND as provided above, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2005 -006 per Exhibit "A ", Coastal Land Use Plan Amendment No. 2005 -002 per Exhibit "B ", Code Amendment No. 2005 -009 per Exhibit "C "; and approve Newport Tract No. 2005 -004 P./9 City of Newport Beach Planning Commission Resolution No. 1723 • Page 18 of 34 (Tentative Tract Map No. 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002 (PA 2005 -196) subject to conditions of approval attached as Exhibit "D ". PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2007. AYES: Cole, Eaton, Hawkins, Hillgren, McDaniel, Peotter NOES: IZATA WA Robert Hawkins, Secretary D. 20 Ll E City of Newport Beach Planning Commission Resolution No. 1723 Page 22 of 34 Exhibit "D" CONDITIONS OF APPROVAL Newport Tract No. 2005 -004 (Tentative Tract Map No. 16882) Modification Permit No. 2005 -087 (Project- specific conditions are in italics) Planning Department The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval_ 2. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 3. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be noted of the conditions of this approval by either the current business owner, property owner or the leasing agent. 4. The development shall be in substantial conformance with the approved plans stamped and dated May 4, 2007, except as modified by the conditions of approval. Unit 2 on Level 4 shall be in conformance with the revised floor plan submitted at the May 17, 2007 Planning Commission hearing identified as Exhibit "Z ". 5. Project approvals except the Tentative Tract Map shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. The Tentative Tract Map shall expire within 36 months from the date of approval unless extensions are granted prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map Act. 6. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to the issuance of any building or grading permit for the project. 7. The Covenants Conditions and Restrictions (CC &Rs) for the proposed condominium association shall provide for the long tern maintenance of the project and shall be reviewed and approved by the Newport Beach City Attorney prior to their recordation. The CC &Rs shall include a provision that residents shall park E 0"Z y City of Newport Beach Planning Commission Resolution No. 1723 Page 23 of 34 only operable vehicles within the parking garage that are in active use (i.e, no long term storage of vehicles), 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 in 100% of the cost of the building shell 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 VIi (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. 9. Prior to the issuance of a grading or building permit for new construction, the applicant shall execute a waiver of all claims against the City for future liability or damage resulting from the approval to build the project. The form and content of the waiver shall be in a form acceptable to the office of the City Attorney and the waiver shall be recorded against the property in question. ® 10. Prior to the issuance of a building permit, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director. The site shall not be excessively illuminated as excessive illumination may be determined consistent with the luminance recommendations of the Illuminating Engineering Society of North America or by the Planning Director in the event the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. E 11. Prior to the issuance of a building pe rmit. a landscape and irrigation plan prepared by a licensed landscape architect shall be submitted for Planning Commission review and shall be subject to Planning Director approval. The plans shall incorporate drought tolerant plantings and water efficient irrigation practices. All planting areas, with the exception of bluff areas, shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. The proposed landscaping adjacent to the back of sidewalk shall be designed with provisions that will prevent irrigation and /or other runoff from spilling onto the sidewalk. D. 25 - City of Newport Beach Planning Commission Resolution No. 1723 Page 24 of 34 12. Prior to the issuance of a building permit, the developer shall pay a park dedication in -lieu fee of $6,894.37 per unit. 13. Prior to the issuance of a building or grading permit, a waiver of future shoreline protection during the economic life of the structure (75 years) shall be recorded against the property. The waiver shall be binding upon all future owners and assignees. The waiver shall be reviewed and approved by the City Attorney prior to recordation. 14. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the. Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. Prior to issuance of a certificate occupancy for the project, the applicant shall install a public bench within the public right -of -way as depicted on the site plan. The speck design and location of the bench shall be approved by the Public Works, Planning and General Serviced Departments prior to installation. 16. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 17. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, watering, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. 19. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 20. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the E P. 2 (� City of Newport Beach Planning Commission Resolution No. 1723 Page 25 of 34 location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. 21. Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). 22. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the applicant or future owners shall complete all required repairs. 23_ The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 24. All altered slopes that are outside of the building envelope shall be contoured to resemble the existing natural terrain. 25. To the fullest extent permitted by law, applicant shall indemnify; defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the AERIE Project including, but not limited to, the approval of General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Code Amendment No. 2005 -009, Tentative Tract Map No. 2005 -004 (Tract 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002 collectively referred to as PA 2005 -196; and /or the City's related California Environmental Quality Act determinations, the adoption of a Mitigated Negative Declaration and a Mitigation Monitoring Program for the AERIE Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. E 26. The project shall incorporate and implement an emergency power backup system so the vehicle lifts will operate during a power outage. The location of the generator shall be sound attenuated and screened from public view and subject to the review and approval of the Planning Director. P. z City of Newport Beach Planning Commission Resolution No. 1723 Page 26 of 34 Is 27. Remote control operators for the vehicle elevators, in quantities equal to the number of parking spaces assigned to each dwelling unit, shall be provided to occupants of the respective units. The project shall incorporate an extemal indicating system to alert drivers which vehicle elevator will be available for immediate use. The vehicle elevator system shall be designed and maintained to return the elevator cars to the street level when not in use. The vehicle elevator system shall be maintained for efficient use throughout the life of the project. 28. Vehicle parking and maneuvering areas shall be restricted to the parking of operable vehicles and shall not be used for storage of any kind including the long -terra storage of vehicles not in regular use. 29. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6 :00 p_m. 30. Idling of construction vehicles and equipment shall be limited to the maximum extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off immediately. Construction workers, equipment operators or truck drivers shall not employ any fora of audible signaling system during any phase of construction. 31. Reclaimed water shall be used wherever available, assuming it is economically feasible. Fire Department 32. One gurney- accommodating elevator shall be provided in accordance with Chapter 30 of the Califomia Building Code within the project that must access each level. 33. A Class 111 standpipe system shall be provided at the private dock in accordance with Newport Beach Fire Department guidelines. 34. A public fire hydrant shall be provided at the comer of Carnation Avenue and Ocean Boulevard. The hydrant shall be installed and tested prior to occupancy of the project, unless required earlier by the Fire Department. 35. A fire alarm system with fire control room shall be provided within the project. Monitored Automatic fire sprinklers shall be required for the entire structure to meet NFA13, 199 Edition and in accordance with Newport Beach Fire Department requirements. Shut -off valves and a waterftow device shall be provided for each unit. A Class i standpipe shall be provided at every level at all stairs. Standpipe and sprinklers may be a combination system. 36. The project shall provide pressurized exit enclosures and vestibules in accordance with the Building Code. Enclosures shall be a minimum two -hour fire rated construction. E City of Newport Beach ® Planning Commission Resolution No. 1723 Page 27 of 34 37. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of made of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke. Public Works 38. All parking stall dimensions shall comply with City's Standard Drawings STD -805- L-A. 39. Driveway /drive aisle slopes shall comply with City Standard STD- 160 -L -C, which accommodate a 15 percent maximum slope and a maximum change in grade of 11 percent. The building plans shall show detailed profile of each of the proposed driveways. 40. Project driveways must conform to the City's sight distance standard 110 -L. The design shall be reviewed and approved by the City Traffic Engineer. 41. All work conducted within the public right -of -way shall be approved under an ® encroachment permit issued by the Public Works Department. 42. .Construction surety in a forrn acceptable to the City, guaranteeing the completion of the various required public improvements and repairs, shall be submitted to the Public Works Department for City Council approval prior to the issuance of Public Works Department encroachment permit. 43. All improvements shall be constructed as required by Ordinance and the Public Works Department. 44. A water demand, a storm drain system capacity, and a sanitary sewer system capacity study shall be submitted to the Public Works Department along with the first building plan check submittal. The recommendations of these studies shall be incorporated as a part of the submitted plans. 45. Street, drainage and utility improvements within the public right -of -way shall be submitted on City standard improvement plan formats. All of the plan sheets shall be wet sealed, dated, and signed by the California registered professionals responsible for the designs shown on said plans. 46. All new landscaping within the public right -of -way shall be approved by the General Services Department and the Public Works Department. 47. The applicant shall submit detail plans for the on -site drainage system(s) to demonstrate that it will prevent the underground garage from being flooded during ® storm events. 0, 2q City of Newport Beach Planning Commission Resolution No. 1723 Page 28 of 34 48. The Developer shall file one (1) Final Tract Map (Map). 49. The roadway cross section shown on the Map with a 110 -foot right -of -way width should be labeled as "Ocean Boulevard ". 50. The Map shall be prepared on the California coordinate system (NAD88). Prior to Map recordation, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in the Orange County Subdivision Code and Orange County Subdivision Manual. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 51. Prior to recordation, the Map boundary shall be tied onto the Horizontal Control System established by the County Surveyor in a manner described in Sections 7- 9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 52. The applicant's request to vacate the existing sewer /utilities easement shall be approved by the City Utilities Department prior to the issuance of a building permit or the recordation of the final tract map. The existing private ingress/egress easement with the same width, length, and alignment as the existing sewer /utilities easement shall be vacated or permission from the beneficiaries of the private easement shall be documented prior to the issuance of a building permit or the recordation of the final tract map. 53. A 5 -foot wide public sewer and utilities easement as measured from the centerline of the existing sewer main fronting the development site shall be recorded against the property. The applicant shall prepare and submit the legal description for said easement for City review and approval. 54. All easements of record shall be recorded as a part of the Final Map. 55. All improvements shall be designed and constructed in accordance with the current edition of the City Design Criteria, Standard Special Provisions, and Standard Drawings. 56. The sidewalk portion of the proposed new driveway approach shall be constructed with 2% cross -fall per City Standards. 57. Temporary construction sheet piles shall be installed to protect all existing storm drain and sanitary sewer mains within and adjacent to the development site. P. 30 City of Newport Beach Planning Commission Resolution No. 1723 Page 29 of 34 58. No structures or construction tie -backs shall be constructed within the limits of any easements or public right -of -way without the approval of an Encroachment Agreement and Permit. 59. Full -width concrete sidewalk and curb and gutter shall be constructed along the length of the Carnation Avenue and Ocean Boulevard frontages. The new sidewalk shall join the existing sidewalk in front of 2501 Ocean Boulevard. 60. New concrete curbs shall be dowelled into sound concrete roadway pavement. 61. Trees shall not be installed at locations where mature tree roots'could damage the existing City sewer main. 62. The plans suggested there will be a 40 -foot (40) drop from the top of proposed perimeter /retaining walls along the Carnation Avenue property line to the garden below. The proposed top of wall is shown on the Plans as, 15" above the sidewalk finish surface. Adequate safety provisions for pedestrians and W/8 Ocean Boulevard vehicle traffic shall be shown on building plans along the length of said walls and shall be implemented throughout the life of the project. 63. Each dwelling unit shall be served by its individual water service and sewer lateral ® connection and cleanout. 64. All utility connections shall be placed underground in accordance with the Subdivision Code. 65. The garage space for Unit 8 on the basement level shall be relocated across the parking aisle from Guest Parking 4 as the removal of the garage wall from this side of Parking Level 2 will provide enhanced maneuvering area for vehicles. 66. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer and any corrections /modifications shall be made to the satisfaction of the Traffic Engineer. 67. All non - standard improvements within the public right -of -way would require an Encroachment Agreement and Encroachment Permit, 68. Curb cuts within the public right -of -way leading to the pedestrian walkways shall not be permitted. Standard curb, gutter and sidewalk shall be installed. 69. Gates shall not be designed to open out into the public right -of -way 70. Raised planters shall not be permitted within the Public right -of -way. Planting adjacent to the curb shall accommodate a vehicle car door opening. Project landscape plans shall provide details of the planters and shall be reviewed and approved by the Public Works Department prior to the issuance of a building ® permit. 12. 31 City of Newport Beach Planning Commission Resolution No. 1723 Page 30 of 34 71. The driveway approaches within the public right-of-way shall be shall be narrowed to the width of garage openings they serve. Six -inch curbs shall have a 3 foot flare. Drive approaches shall be modified to comply with ADA requirements. 72. Planters adjacent to the freight elevators shall be pulled back from the:Camation Avenue property line two feet to improve vehicle maneuvering. Planters in the front yard shell not encroach into the projection of the garage door edge. 73. No structural support column shall be located in the middle of the driveway leading to the parking area located on Level 4. 74. The loading area adjacent to the ADA accessible stall shall be 8 -foot wide. 75. Prior to the issuance of a building permit, the applicant shall prepare a study of the existing drainage area and catch basin in Carnation Avenue to determine the appropriate size of catch basin. The developer shall enlarge the existing catch basin accordingly. 76. Prior to the issuance of the building permit, Public Works Department plan check and inspection fee shall be paid. 77. Prior to the issuance of a gradinq or building permit, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The plans shall include a provision that maintains the public right -of -way open to vehicular and pedestrian traffic after working hours daily. 78: Where vehicles leave the construction site and enter adjacent public streets, any visible track -out extending for more than fifty (50) feet from the access point shall be swept within thirty (30) minutes of deposition. 79. Prior to commencement of demolition and grading the applicant shall submit to the City calculations showing the proposed travel route for haul trucks, the distance traveled, and how many daily truck trips that can be accommodated to ensure that the daily cumulative miles traveled is below the assumed total vehicle miles traveled in the quantitative air quality assessment of the Mitigated negative declaration. u [). ,; Z LJ City of Newport Beach Planning Commission Resolution No. 1723 Page 31 of 34 Building Department 80. The applicant is required to obtain all applicable permits from the City of Newport Beach. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The facility shall be designed to meet fire protection requirements and shall be subject to review and approval by the Newport Beach Building and Fire Departments. 81. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 82. County Sanitation District fees shall be paid prior to issuance of any building permits. 83. Prior to the issuance of the grading permit, a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to ® disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run-off and allow clarification prior to discharge. E 84. Prior to the issuance of the grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 85. Prior to the issuance of the grading or building permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 86. Prior to the issuance of the grading permit, the applicant shall submit evidence to the City Building Official that the applicant has obtained coverage under the 0.33 City of Newport Beach Planning Commission Resolution No. 1723 Page 32 of 34 NPDES statewide General' Construction Activity Stormwater Permit from the State Water Resources Control Board. 87. Prior to the issuance of a grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESOP) in a manner meeting approval of the City Building Official, to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe how the applicant will ensure that all Best Management Practices (BMPs) will be maintained during construction of any future public right -of -ways. A copy of the current ESCP shall be kept at the project site and be available for City of Newport Beach review on request. The ESCP shall include and require the use of soil stabilization measures for all disturbed areas. 88. Prior to issuance of the grading permit, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City- adopted version of the Uniform Building Code. 89. Prior to issuance of the grading permit, a geotechnical report shall be submitted is with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the preliminary geologic investigation as well as additional requirements, if any, imposed by the Newport Beach Building Department. 90. Prior to issuance of the building permit, school impacts fees will be paid to the Building Department to assist in funding school facility expansion and educational services to area residents. Mitigation Measures from the Mitigated Negative Declaration 91- Mitigation Measure 111 - -1— During grading activities, any exposed soil areas shall be watered at least four times per day. Stockpiles of crushed cement, debris, dirt or other dusty materials shall be covered or watered twice daily. On windy days or when fugitive dust can be observed leaving the proposed project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Soil disturbance shall be terminated whenever windy conditions exceed 25 miles per hour. 92. Mitigation Measure 111 -2 — Truck loads- carrying soil and debris material shall be wetted or covered prior to leaving the site. Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily. A p. -3q C City of Newport Beach Planning Commission Resolution No. 1723 Page 33 of 34 93. Mitigation Measure 111 -3 — All diesel - powered machinery exceeding 100 horsepower shall be equipped with soot traps, unless the Contractor demonstrates to the satisfaction of the City Building Official that it is infeasible. 94. Mitigation Measure 111 -4 — The construction contractor shall time the construction activities, including the transportation of construction equipment vehicles and equipment to the site, and delivery of materials, so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if deemed necessary by the City. 95. Mitigation Measure 111 -5 — The construction contractor shall encourage ridesharing and transit incentives for the construction workers. 96. Mitigation Measure 111 -6 — To the extent feasible, pre - coated /natural colored building materials shall be used. Water -based or low VOC coatings shall be used that comply with SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application such as paint brush, hand roller, trowel, etc. shall be used to reduce VOC emissions, where practical. Paint application shall use lower volatility paint not exceeding 100 grams of ROG per liter. 97. Mitigation Measure V -1 — During excavation and grading of the site, paleontological monitoring shall be conducted by an experienced monitor under the direction of the project paleontologist. If fossil remains are found by the monitor, earthmoving shall be diverted temporarily around the fossils until the remains have been recovered and the monitor agrees to allow earthmoving to proceed. 98. Mitigation Measure Vlll -1: The developer shall be responsible for replacement/upsizing of the Carnation Avenue storm drain, to provide sufficient capacity for the added runoff generated by this project, as well as existing runoff from the rest of the tributary area to this drain. It shall satisfy the appropriate storm- year design criteria established by the City Engineer. This storm drain reconstruction shall include appropriate urban runoff filtration elements, to reduce potential water pollution impacts into Newport Harbor. Reconstruction of this storm drain shall occur outside of the rainy season. 99. Mitigation Measure IX -1— The property owner(s) shall execute and record a waiver of future shoreline protection for the project prior to the issuance of a building permit. Said waiver shall be subject to the review and approval of the City Attorney. 100. Mitigation Measure IX -2 — The applicant shall dedicate a view easement as depicted on Exhibit J within the AERIE project overview prepared by the project architect; however, it would only affect the project site. Structures and landscaping within the easement area shall not be permitted to block public views. The 0.35 City of Newport Beach Planning Commission Resolution No. 1723 Page 34 of 34 easement shall be recorded prior to the issuance of a building permit for new construction and shall be reflected on the final tract map. 101. Mitigation Measure IX -3 — Accessory structures shall be relocated or removed if threatened by coastal erosion. Accessory structures shall not be expanded and routine maintenance of accessory structures is permitted. 102. Mitigation Measure IX -4 — Bluff landscaping shall consist of native, drought tolerant plant species determined to be consistent with the California coastal buff environment. Invasive and non - native species shall be removed. Irrigation of bluff faces to establish re- vegetated areas shall be temporary and used only to establish the plants. Upon establishment of the plantings, the temporary irrigation system shall be removed. 103. Mitigation Measure XV -1: Prior to commencement of each major phase of construction, the Contractor shall submit a construction staging, parking and traffic control plan for approval by the Public Works Department. This plan shall identify the proposed construction staging area(s), construction crew parking area(s), estimated number and types of vehicles that will occur during that phase, the proposed arrivalldeparture routes and operational safeguards (e.g. flagmen, barricades, shuttle services, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods, displacement of on- street parking and to ensure safety. The construction staging, parking and traffic control plan shall provide for an off -site parking lot of construction crews which will be shuttled to and from the project site at the beginning of and end of each day until such time that the project site can accommodate construction vehicle parking. Construction traffic routes.shall be included and shall avoid narrow residential streets, unless there is no alternative, and shall not include any streets where some form of construction is underway within or adjacent to the street that would impact the efficacy of the proposed route. Grading and dirt hauling shall not be scheduled during the summer season (Memorial Day holiday weekend through and including the Labor Day holiday weekend). The approved construction staging, parking traffic control plan shall be implemented throughout each major construction phase. E P. 3 • CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 May 17, 2007 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210, IcamobellCo )city.newoort- beach.ca:us SUBJECT: AERIE (PA2005 -196) 201 -205 & 207 Carnation Avenue 101 Bayside Place APPLICANT: Advanced Real Estate Services, Inc. Richard Julian, President PROJECT SUMMARY The AERIE project consists of the demolition of an existing 14 -unit apartment building ® and single - family residence and the construction of a new 9 -unit residential condominium building. The following discretionary approvals are requested or required in order to implement the project as designed: 1. General Plan Amendment No. 2005 -006 would change the land use designation of a 584 square foot portion of 101 Bayside Place from RT (Two -Unit Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre). 2. Coastal Land Use Plan Amendment No. 2005 -002 would change the Coastal Land Use Plan designation of the same 584 square foot portion of 101 Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre). 3. Zone Change No. 2005 -009 would change the zoning designation of the 584 square foot portion of 101 Bayside Place from R -2 (Two- Family Residential) to MFR (Multifamily Residential, 2178 square feet per unit). 4. Tract Map No. 2005 -004 (TT16882) combines the 584 square foot portion of 101 Bayside Place with 201 -205 Carnation Avenue and 207 Carnation Avenue and subdivides the air space for 9 residential condominium units. 5. Modification Permit No. 2005 -087 would permit a 5 -foot subterranean encroachment within the 10 -foot front setback along Carnation Avenue, and a T -1" to 5' -7" above- 11 0. 37 AERIE (PA2005 -196) May 17, 2007, Page 2 grade and subterranean encroachment into a 10' -7" side yard setback between the project and 215 Carnation. 6. Coastal Residential Development Permit No. 2005 -002 is an application required by Chapter 20.86 of the Municipal Code to review the potential loss of affordable housing within the Coastal Zone. No low or moderate income households occupy the site and no replacement housing is required. Each discretionary approval request, analysis and their respective findings are discussed in the February 22, 2007, staff report attached as Exhibit #1. Facts to support the findings are contained in the attached draft resolutions recommending project approval to the City Council RECOMMENDATION 1) Consider the revised draft MIND; and, 2) Adopt one of the two attached draft resolutions recommending that the City Council adopt the draft MIND and approve the project consistent with the predominant line of existing development as determined by the Planning Commission and approve General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Code Amendment No. 2005 -009, Newport Tract Map No. 2005 -004 (Tract 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002 (Exhibit #2 and #3). DISCUSSION Project Revisions In response to Planning Commission direction at the February 22, 2007 meeting, the applicant modified the project by reducing the bayward extent of the northwestern portion of the proposed building to be consistent with the bayward extent of the southeastern portion of the building. The northwestern portion of the building extended further away from the bluff edge than the southeastern portion of the building. The applicant revised the plans by moving the deck and building wall closer to the approximate location of the bluff edge on Level 2 (lower floor of Unit #7) by approximately 6.5 and 6 feet respectively. Additionally, the deck and building wall on the level above (Level 3) were also modified, but were not moved closer to the estimated bluff edge. Overall the project changes reduced the overall floor area by 527 square feet. Since the Planning Commission meeting of April 5, 2007, the applicant has further revised the project again. The lowest extent of the project as seen from the west will be 30.5 feet above mean sea level (previously 29 feet MSL). The finished floor of Level 1 is now 18 inches higher on the bluff face. The lowest visible extent of the north elevation will vary between 59 feet and 30.5 feet MSL. The revised plans (Exhibit #4) include the changes directed by the Planning Commission at the February 22, 2007, meeting. D. ?Y AERIE (PA2005 -196) May 17, 2007, Page 3 is Specific Coastal Land Use (CLOP) Policies vs, General CLUP Policies Project approval requires the Planning Commission to find that the proposed condominium building is consistent with applicable General Plan, CLUP policies, and the Zoning Code. Because the project site is a coastal bluff, project review has focused on CLUP policies relating to protection of coastal bluffs and views of the bluff as part of the scenic and visual quality of the coastal zone. These policies are set forth below. This report will outline the range of possible outcomes based upon the application of these policies. CLUP policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3 are general policy statements that apply to all development. 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. 4.4.1 -2. Design and site new development including landscaping, so as to minimize impacts to public coastal views. 4.4.1 -3 Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. ® CLUP policies 4.4.3 -8 and 4.4.3 -9 apply to the project site and provide specific policy direction. 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. At the April 5, 2007, staff report, staff indicated that development up to the predominant line of existing development should not be allowed if the Planning Commission determined that this effort alone did not sufficiently minimize alteration of the bluff. Staff ® reached this conclusion by attempting to balance Policy 4.4.1 -3 with the two more AERIE (PA2005 -196) May 17,2007, Page 4 specific policies (Policies 4.4.3 -8 and 4.4.3 -9) that allow development to be sited on the Carnation Avenue bluff face consistent with the predominant line of existing development. Staff has met with the applicant and also been advised by the City Attorney that a specific policy takes precedence over a more general policy when there appears to be a potential conflict in their application. This does not mean, however, that the general policies are not applicable in the implementation of the more specific policies. Accordingly, the location of the predominant line of existing development pursuant to Policies 4.4.3 -8 and 4.4.3 -9 must first be identified as the means of minimizing alteration of the bluff. Policies 4.4.3 -8 and 4.4.3 -9 allow development to the predominant line of existing development and Policies 4.4.1 -1 and 4.4.1 -2 require development be designed to minimize impacts to public coastal views and to protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views. Determining the predominant line of existing development in a manner that is also consistent with Policies 4.4.1 -1 and 4.4.1 -2 will ensure that development up to the predominant line of existing development will minimize alteration of the bluff and protect public coastal views and the scenic and visual quality of the coastal zone. If the development up to the predominant line of existing development is perceived to be inconsistent with the intent of the more general policies, the method to identify the predominant line of existing development may be flawed. Predominant Line of Existing Development The Planning Commission must determine the location of the predominant line of existing development. As noted in prior staff reports and the revised MND, establishing the predominant line of existing development is subjective. Although staff has identified a predominant line of existing development in the revised MIND, the Commission may determine that the predominant line of existing development should be set at a location different than the one identified by staff in the revised MND based upon an alternative interpretation of CLUP policies. The most conservative application of the polices might suggest that no portion of the project could extend further bayward or lower on the bluff face than the existing development located on the project site. Staff does not believe this application of policy is consistent with the definition of predominant line of existing development contained within the CLUP as it would not take into account existing abutting development on the bluff face that is developed further down the bluff face. Additionally, it would also suggest that minimizing the alteration of the bluff might mean no alteration is allowed. The first step to identify the predominant line of existing development consistent with CLUP policies is to locate a block of homes on the bluff face that are representative of the existing development pattern. The next step is to measure the distance between the structures within the block of homes selected and a representative point or line. The definition of predominant line of development within the CLUP contains an example suggesting that the predominant line of existing development may be the median distance of the block of homes. The median distance is then compared to the entire C p.yo AERIE (PA2005 -196) May 17, 2007, Page 5 ® block of homes to ensure that it is represents the existing development pattern. If it does not represent the development pattern, it would not be consistent with the general resource protection policies discussed above and a different method to identify the predominant line of existing development should be examined. In staffs opinion, the calculation of the median distance (used by staff to arrive at a predominant line of existing development in the draft MND) should be considered the starting point and should not be the sole basis for determining the predominant line of existing development. r 1 In developing the predominant line of existing development as set forth in the revised MND, the definition of the predominant line of development was used. Staff identified a block of homes consisting of 7 principal structures constructed on the bluff face as shown in Exhibit #5. These structures were identified for the purpose of analysis as they are all located on Carnation Avenue /Ocean Boulevard bluff face and share similar topographical features. The elevation of each structure above mean sea level was measured based upon available topographic and elevation information. The median elevation was calculated. Fifty -two (52) feet above mean sea level was identified as the median value within the draft MND and that led staff to identify it as the vertical predominant line of existing development as it appears to be consistent with the existing development pattern. Since this analysis was prepared, the applicant has provided additional information on the vertical extent of development down the bluff face (Exhibit #6). The following table indicates the 7 lots within the block of homes evaluated with elevation information and median values identified. Based upon this more accurate elevation information, staff concludes that the predominant line of existing development could be 50.7 feet above MSL. The structures located on Bayside Place, Channel Reef condominium development and the Kerchoff Marine Laboratory were not included as they are not located on the bluff face but rather in front of the bluff. If Channel Reef is included in the calculation, with an approximate elevation of 14.15 feet, the median elevation is 49.4 feet above MSL. If the Kerchoff Marine Laboratory is included, the median elevation is 48.1 feet above MSL. Staff has also evaluated the predominant line of existing development in the horizontal or plan view using the same block of homes identified above. The furthest extent of development from the curb was estimated from aerial photography and project plans. The median distance from the curb is approximately 96.7 feet. When Channel Reef is included, the median distance from the curb is 103.3 feet. The project extends further P. 41 MND vertical elevation Lowest vertical elevation 1. 2495 Ocean Blvd. 30.5 24.10 2. 201 -205 Carnation Ave. 52 median value 42.3 3. 207 Carnation Ave. 70 65 estimated 4. 215 Carnation Ave. 57 57.8 5. 221 -223 Carnation Ave. 48 48.1 6. 227 -231 Carnation Ave. 59 58.2 7. 1 233 Carnation Ave. 1 50 50.7 median value Based upon this more accurate elevation information, staff concludes that the predominant line of existing development could be 50.7 feet above MSL. The structures located on Bayside Place, Channel Reef condominium development and the Kerchoff Marine Laboratory were not included as they are not located on the bluff face but rather in front of the bluff. If Channel Reef is included in the calculation, with an approximate elevation of 14.15 feet, the median elevation is 49.4 feet above MSL. If the Kerchoff Marine Laboratory is included, the median elevation is 48.1 feet above MSL. Staff has also evaluated the predominant line of existing development in the horizontal or plan view using the same block of homes identified above. The furthest extent of development from the curb was estimated from aerial photography and project plans. The median distance from the curb is approximately 96.7 feet. When Channel Reef is included, the median distance from the curb is 103.3 feet. The project extends further P. 41 AERIE (PA2005 -196) May 17, 2007, Page 6 away from the bluff than this distance. The applicant's identification of the horizontal predominant line of existing development as measured from the curb and bluff edge have also been plotted by staff. These lines do not appear to be representative of the existing development pattern of structures on the bluff face. The inclusion of the Channel Reef condominium development and the Kerchoff Marine Laboratory in the calculations creates the difference between staffs analysis and the applicant's. It does appear that the existing development pattern follows the approximate bluff edge with the exception of development of the two abutting single - family homes to the south and Channel Reef. The applicant has prepared several exhibits showing the bluff face with the project superimposed as viewed from the bay. The exhibits contain various lines and elevations above mean sea level. The applicant has not provided a calculation or identified a methodology to determine the predominant line of existing development that supports the revised project using elevations above mean sea level. Staff has prepared an alternative method of calculating the median elevation of existing development as a means to locating a predominant line of existing development consistent with the vertical extent of development pf the proposed project. The applicant identified a block of homes within the AERIE Project Overview (previously transmitted to the Commission) for the purpose of identifying the predominant line of existing development.. This block of structures extends roughly 250 feet northerly and 250 feet easterly from the intersection of Carnation Avenue and Ocean Boulevard. The lowest extent of development on the Carnation Avenue portion of the block is approximately 42.3 feet (project site) and the lowest extent of development on the Ocean Boulevard portion of the block is approximately 14.15 feet (Channel Reef). The median elevation of these two values is also the average and it is 28.3 feet above MSL. If this method is used to identify the predominant line of existing development, the project may be consistent with CLUP Policies 4.4.3 -8 and 4.4.3 -9 if the entire structure is up -slope from this line. Additionally, the project may be viewed as further minimizing alteration of the bluff and protecting the view of and scenic quality of the coastal bluff as required by CLUP policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3 as the entire building does not extend to the predominant line of existing development. The line of development exhibits prepared by the applicant (within Exhibit #3) show the revised project and its relationship to surrounding development. From a purely subjective standpoint, the revised project line steps down in elevation from left to right on the drawings making a reasonable transition between abutting development on the bluff face. If this line is representative of the existing development pattern on the bluff, the Commission may use it for the basis of project approval. Parking Configuration In the last staff report, staff suggested that the project may be inconsistent with CLUP Policy 2.9.3 -1 and Circulation Element Policy CE7.1.1 regarding the parking configuration. These policies require new development to avoid the use of parking configurations or parking management programs that are difficult to maintain and P. yz AERIE (PA2005 -196) May 17, 2007, Page 7 ® enforce while providing adequate, convenient parking for residents, guests, business patrons and visitors. The below grade parking accessed by vehicle elevators is not the most convenient and may lead to vehicle queuing within the public right -of -way. Residents, guests and service providers might be more inclined to park on the street when it is more convenient to do so. One potential option is to relocate the vehicle elevators in such a way that they are not accessed directly from the street but from within Level 4. In that way, vehicles would pull off the street and wait for the elevators on -site rather than potentially blocking the street or sidewalk. The Commission will need to determine whether or not the proposed parking configuration is consistent with the subject policies. Eliminating the use of vehicle lifts altogether does not appeal feasible given the density of the proposed project, parking requirements and space needs if vehicle ramps are incorporated within the parking garage design. Draft Mitigated Negative Declaration As noted previously, the draft MND has been revised and recirculated for public review (Exhibit #7). The comment period is between April 16th and May 15; 2007. The draft MND was reviewed by the Environmental Quality Affairs Committee and their comments, along with any other comments received, will be forwarded to the Commission for consideration at or before the meeting depending upon when they are received. ® The decision to recirculate the document was made due to the amount and nature of revisions previously recommended and the need to address a new public view issue. Revisions to address prior comments made by the Planning Commission have been incorporated. Additionally, the project's potential impact upon public views from Begonia Park were included (page 23 of the revised draft MND). The project will marginally reduce the view of the harbor entrance, Balboa Peninsula and a portion of the coastal bluff from this vantage point, the impact was determined not to be significant. E Although staff identified the predominant line of existing development at 52 feet above MSL, a different predominant line of existing development can be identified without necessitating recirculation of the draft MIND. Staff has further revised the basis for the identification of the predominant line of existing development based upon more detailed elevation information such that the predominant line of existing development is 50.7 feet, rather than 52 feet, above MSL and the proposed mitigation measure would need to be revised accordingly. If the Planning Commission identifies an alternative predominant line of existing development that accommodates the proposed project, it will not identify a new environmental impact and the Mitigation Measure IX -5 is not necessary. If an alternative predominant line of existing development is set by the Planning Commission, Mitigation Measure IX -5 will need to be modified accordingly. P. y3 AERIE (PA2005 -196) May 17, 2007, Page 8 SUMMARY Identification of the predominant line of existing development is necessary to act on the project. The line must be consistent with Policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3 requiring new development to minimize alteration of the coastal bluff, to protect public views of the bluff and to protect the scenic and visual qualities of the coastal zone. If the Commission determines the predominant line of existing development to be 50.7 feet above MSL as identified in the draft MND, then the applicant should be directed to redesign the project consistent with this determination or the project can be recommended for approval with a condition requiring such a change (Exhibit #2). If the Commission determines the predominant line of existing development to be at or beyond the revised project, the revised project can be recommended for approval (Exhibit #3). If an alternative predominant line of existing development is identified, revisions to either resolution will be necessary to reflect and implement the Planning Commission's action. As noted previously, a discussion and analysis of each discretionary approval request including their respective findings are contained in the February 22, 2007, staff report attached as Exhibit #1. Facts to support the findings are contained in both of the attached draft resolutions recommending project approval to the City Council. Prepared by: Submitted by: James Campbell, Senior Planner EXHIBITS David Lepo; Planning Director . ' r''^µ - ^I "f'^ 1 ^diI ;O P•^;est— appPoyal(yredominant line QL-ex Airg -developmemt at 69.; feet IVIGI=) '3- I-DF24 nL�{'.. FQAQmmeR;IiR9 ..4 appmval (p edQ At 1'n of fine deyelapmeRt at 28.8 feet M61t) 5. Predominant line of existing development exhibits prepared by staff 6. Additional elevation /grade material submitted by the applicant J 11 p. yy 11 E u Exhibit #5 Predominant line of existing development exhibits prepared by staff D.y5 Median elevation of the seven structures is 50.7 feet MSL. O r J j.1f 9 lt i01 /p. 5 0 C 11 146-3" From Bluff Edge (Decks) 112'-11 "From Bluff Edge (Building) Approximate Bluff Edge Predominant Line of Development P ANt � t: �` . From AERIE Project Overview ` a 7 (From Approximate Bluff Edge) N U. 5J/ r J r t z n� Y t' Uri r n LM ? S qv ry y�yN �i sop r Y` lt F w U u Exhibit #6 Additional elevation /grade material submitted by the applicant C ().53 PLANNING ENGINEERING SURFMNG GOVERNMENT Rl LAI'IONS IRVINE LOS ANGELES R1'.;[wYUE SAN DIEGO FOUNDING PARTNERS: RICHARD HUNWER. TOM R. MCCANNON JOHN A. .NI[;HLER DOUGLAS G. SNYDER PRINCIPALS: DAVID PRATTONf FRED GRAYLEE BP.ADLEY 1'IAY PAOL HUDDLES fON KAMAL H. KARA.M 1>000LAS L. S9ALEY KRIS SVEM JOSEPH E. WIGHTMAN Th,eeHa%bc, Inmc. CM4 ... ia 92519.2021 i94q) 593 -1010 PH 0993 583.0759 FX vriew.f:unsal;ir mm HUNSAKER &ASSOCIATES I R V I N E. I N C. April 12, 2007 Mr. James Campbell City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 RE: ELEVATION CERTIFICATION Dear Mr. Campbell, This is to certify that the elevations shown on attached Exhibits A -1 through H, inclusive, are the result of a survey performed by me, or under my direct supervision in April of 2007. Elevations are based on local United States Coast and Geodetic Survey Benchmarks in the Area and are derived from the North American Vertical Datum of 1988. Elevation established on Dirt or Sand are shown to the nearest 0.1', elevations on Concrete are to the nearest 0.01 . If you should have any questions regarding the attached information please do not hesitate to call me at (949) 458 -5493. Sincerely, Hunsaker & Associates Irvine, Inc. Bruce F. Hunsaker, PLS 5921 Manager, Field Survey Department My License Expires: December 31, 2008 a 5y E 11 \� 2/.Si ._ ... .. +.. t ANN 4 &ter+ i✓ �� x,u �k2. A 2'Ht .1 �� e &ter+ i✓ �� x,u �k2. A 2'Ht .1 �� e s 1:P + ro 1 ... 46.9 Bottom 'of Retaining Wall ; }t k a -ter /�i lit ' rk�4 /l A ft; Wt& t. ( "-W /•. t _ °`�,�sF�=�Y'Ri (t^ ✓^;� �tE�l�''�ty � -: }Y lj °�;ii s s- 1 f rt, E 1 ^` j ul It A4 �^- Existirfgl Bluildi",- 1W 1 2.1 "14 �11 Ile' III F. WT Ti: 55.W Corner , 15xisti'ng Walkway :� pY. Tip j ul It Planning Commission Minutes 05/17/2007 UBJECT: Advanced Real Estate Services (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place -he application would allow the demolition of an existing '14 -unit apartmen wilding and a single - family home and the construction of a 7- level, 9 -uni nultiple- family residential condominium complex with subterranean parkinc m a 1.4 acre site located bayward of the intersection of Ocean Boulevarc and Carnation Avenue. The existing General Plan, Coastal Land Use Plat rnd Zoning Designations of a small portion of the site (584 square feet vould be changed to be consistent with the larger portion of the site (fron wo- family residential to multi - family residential). The application includes t entative tract map for the creation of 9 "airspace" condominium units fo ndividual sale and. The Modification Permit application requests the encroachment of subterranean portions of the building within the front an( ;ide yard setbacks. Lastly, the Coastal Residential Development Permi application relates to replacing lost units occupied by low or moderate ncome households. No units meeting this criteria are known to exist and herefore, no replacement of affordable housing is required. mes Campbell, Senior Planner, gave an overview of the staff report an -cap of the project description. He noted the project has been change d re- designed to pull the project up and away from the ocean which i neficial to find the project consistent with the Coastal Land Use Plan. ranges to the Mitigated Negative Declaration have been made and the current has been re- circulated for public review. The issue left fc termination is the predominant line of existing development. Thi tablishes the line to which the project could be built as seaward of the e would be inconsistent with policy and represent a significai vironmental effect. He then noted the variety of methods to define th dominant line of development (PLOD) based upon definition containe thin the Coastal Land Use Plan. nissioner Hawkins noted the definition of the predominant line opment on page 5 -19 of the CLUP. We are dealing with >minant line of "existing" development. Is that phraseology a defir in the Local Coastal Plan? Or. Campbell answered no, the definition is predominant line ievelopment, and the word "existing" comes from Policy 4.4.3 -8 and 4.� f. He also noted that the definition in the CLUP contains an exam ndicating that the median distance of a block of homes from epresentative point or line might be the predominant line of exist r. Campbell went on to explain that staffs position on what the edominant line of existing development means has changed since the for report was published. In the prior report, staff indicated that the edominant line of existing development is the maximum building envelope at could be developed and the general policies to minimize alteration o e bluff or the protection of public views or the protection of the visua Page 4 of 23 ITEM NO. 3 PA2005 -196 Recommended for approval by City Council l J E D. (W http: / /www.city.newport- beach. ca.us /PlnAgendas /nm05- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/17/2007 quality of the coast could lead to further limiting development within tl ®predominant line of existing development — staff does not support th application of policy. Staff believes that the applicant would have the right build to the predominant line of existing development; however, & identification of the predominant line of existing development must be dor consistent with the general resource protection policies. ff believes that the median distance, once determined, is the sta it for analysis. In this application, staff used mean sea level as imon reference line for measurement. He went on to explain :ulation of the median distance for a block of homes on a bluff face level of subjectivity involved in the analysis. Commissioner Hawkins noted his concern with the methodolo predominant line of existing development its potential inconsistency with t intent of the more general policies. He asked how to resolve the questic Mr. Campbell answered that once a candidate predominant line of existi development is identified, it must be compared to the existing developme pattern to see if it is consistent. If a potential line is not representative of t block of homes being analyzed, the method by which the line was identifi is flawed. If that flawed line was used and if development was sited accordance with the line (assuming the line allowed more developme than the existing development pattern), the development would not consistent with the general policies to minimize alteration of the bluff and ®protect the scenic and visual qualities of the coast. You will need to look all the various factors in identifying the predominant line of existi evelopment. After consultation with the City Attorney, staff believes tl he applicant has the right to build to the predominant line of existi development given the specific nature of Policies 4.4.3 -8 and 4.4.3 -9. r. Hawkins asked if there is a conflict between the two policies when edominant line of existing development is identified that is representati, the existing development pattern and also conflicts with the more gene] source protection policies. ssistant City Attorney Harp added the primary way to look at thf predominant line of development is by first focusing on the definition of thf predominant line of development, which says it is the most commor representative distance from a specified group of structures to a specifies point or line. You are not bound by the examples given of median distanc( when you determine the predominant line of development. Look at thf structures on either side in determining what the predominant line o development is. This is an independent analysis done in conjunction witl he policies. Since there are various ways to determine the predominan line of development, you can take a liberal view towards it or you can take t conservative view towards what the predominant line of development is. ® You are looking overall for a reasonableness of what the predominant line of development is because they have a right to develop up to tha predominant line of development. If you took the general policies an( applied those and said that was the rule, then you would have to apply the http: / /Www.city.newport- beach. ca.us /PlnAgendas /mnO5- 17- 07.htm Page 5 of 23 D. 6 5 08/07/2007 Planning, Commission Minutes 05/17/2007 conservative policy available and I don't think that is the intent policies. You are looking for reasonableness in setting I ninant line of development based on the other structures. * Julian, applicant, gave an overview of his project noting the ;hitectural features, the building will not extend down to the water and wil 30 1/2 feet above the water line, view corridor has been pulled back or corner of Ocean and Carnation; large portion of the property is single )ry height along Carnation to guarantee those views; majority of square )tage is underground and out of sight; endorsed by Coast Keepers; the ntours of the bluff are matched with heights ranging from 29 feet to 4� �t on level one of the building. Levels two and three have been pullec ck 15 feet on unit 7 to match that contour of the bluff. He is committed tc s project.. Jeannette, architect on the project, noted: No variance on this project, Requesting two minor modifications to setbacks; Project conforms to the General Plan and the Coastal Land Use Plan; It is a lessening of density in the number of units on site from 15 to 9; Utilizing 26% of the site with 74% of the site left as open space; Project has a 1,700 square foot larger footprint than the existing building; Parking exceeds Code requirements and project area is at 76,000 square feet with most of it not visible; The project has been raised 18 inches with an elevation of 30.5; The MND has been re- circulated; Unit 7 was backed up from its promontory 15 feet, not 6 feet as mentioned in the staff report; This project will be LEED compliant, having to do with energy conservation, green architecture, net metering, water retention systems, materials used in project and landscape materials; Mr. Jeannette made a PowerPoint presentation identifying the site, Channel Reef Condominiums (2525 Ocean Blvd.) with parking structure, the McIntosh residence (2495 Ocean Blvd.) and the Sprague residence (101 Bayside Place) as well as what is on the project site presently. Public views from Carnation, Dahlia and by Channel Reef Condominiums are being preserved; Construction Management Plan - removing 31,000 cubic yards of dirt; parking plan will shuttle workers to site; timing of operation will not interfere with beach users; haul route reviewed and accepted in the MND. The haul route was reviewed and discussed. Campbell noted that the haul route suggested by the applicant was �ssarily endorsed by staff. Traffic Engineer does not want to use et as it is very narrow with the left turns and multiple stop signs. s have concerns with that route. http: / /www.city.newpor-t- beach. ca.us /PlnAgendas /mn05- 17- 07.htm Page 6 of 23 El 0.&6 08/07/2007 Planning Commission Minutes 05/17/2007 Page 7 of 23 Commissioner Hawkins noted that the Public Works Department will have he final authority on which haul route is used. Staff agreed and referred to condition 104. Mr. Jeannette continued with his slide presentation and discussed where he building would be put along the coast line and how the setbacks are established. This was the same presentation as made at a previous meeting on February 22nd, 2007. He then noted that the Coastal Commission had given their input on the homes that had been built on the coastal bluff as depicted in the slides. He reviewed the site and noted the categorical exclusion portions. Exhibits depicting the Kerchoff Laboratory and Channel Reef Condominium construction were discussed. He then discussed the project and how it fits in with the surrounding residences. Referencing an exhibit of a photograph of the bluff from the West, he noted Magenta line representing the limit line that might be established by The Coastal Commission based on the lowest line of development. Another green line depicts the lowest portion of livable space from the McIntosh residence. They used the 30.5 elevation for the west side facing slopes and climbing up to the 59 foot elevation moving towards and onto the northerly slope. Referring to the exhibits, he discussed the various relationships of the project on both the northerly and westerly sides. He concluded by asking the Commission to define the predominant line of ® evelopment as a single elevation. Commissioner Hawkins asked about and received information on the Categorical Exclusion zone and what is it's import and how it works. comment was opened. McCaffrey, President of the Board of Directors at Channel Re nmunity Association, representing the members noted their support project. He noted in their three -level building parking structure with dential units with two cars each plus service vehicles, there has nee n a problem with a queue of cars waiting to get in. Additionally, the three names listed on a petition that had been circulated with a Cham 4 address and those names and do not appear on their telephone in their residents' directory. a Edwards, read a letter from John Martin noting his land developm construction plan concerns which was attached to the packet mation distributed to the public and Commissioners. nda Martin read her letter of opposition to the project. This letter tacked to the packet of information distributed to the public ® Richard Hunsaker noted his acceptance of the project. He noted t contractors who work in tight spaces can work around these types issues. He suggested conditioning the project as such. n -(7 http: / /www.city.newport- beach. ca.us /PinAgendas /mnO5- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/17/2007 ;hael Millikan noted his support of the project as it will be ai xovement as the current development is an eyesore. This will be a !at improvement with new landscaping and architectural plan. ilip Rosenblath read a letter from John and Kathleen McIntosh. The, ect to the project and sent previous letters to the City and the applicant . letter is part of the administrative record. Rasner noted his support of the project noting the number of pai units, view corridors, tax base, underground utilities, shu ers to the site and the outreach done by the applicant and the City. Moore appeared in support of the project. Varon appeared in support of the project noting the public e by the applicant. Dawson appeared in support of the project noting the un lecture of the proposed project and the development right of cant. i Beek noted the line of development should be where the bluff used t( which is about ten feet behind (horizontal) where the development is )osed. If that is done it would be out to the 50 -52 foot level on the bluf ling to the adjacent northerly four properties which would, therefore A all the criteria. This project relates to the four adjacent properties tc north and is miscellaneous to the property on the westerly side. in Beck noted her opposition to the project due to the size e n. She noted a petition she had submitted that was signed by over • in opposition. She requested that the project be staked to all • to see the enormity of the project. This project is visible from m< She asked the Commission to be responsible to the residents this project. Birgy noted his support of the project. ohn Michler noted his support of the project as it is aesthetically nd will be a vast improvement to what is there currently. ffrey Beck noted the Commission has to interpret the CLUP which is tc :serve the existing bluff and bluff faces and this project does not do that. oking at the proposed project, you can see how the project will come wn the bluff face and the Commission should not give approval to it a: project is clearly in conflict with the CLUP: The vertical line o velopment should also include the existing building which the architect': �sentation did not include. The project will extend further away from the iff than the existing line of development as noted in the staff report. He ked that these be considered and deny this project. http : / /www.city.newport- beach. ca.us /P]nAgendas /mnO5- 17- 07.htm Page 8 of 23 r 1 U E E 08/07/2007 11 L Planning Commission Minutes 05/17/2007 sa Vallejo appeared in opposition referring to policies 4.4.1 -1, 4.4.1 4.1 -3 and read her letter that became part of the administrative record. is comment was closed. airman Cole asked for clarification on specific Coastal Land Use (CLU icies vs. general policies. ssistant City Attorney Harp stated it is our opinion that you have speci ovisions that deal with development of the bluff face on Carnation Aven id those take precedence over general conditions that are contained her policies. They have the right to develop to the predominant line welopment, wherever you establish that to be, in accordance with t Anition of policies that are in place. The other policies that are me ?neral in nature should also be considered; however, where there is rect conflict between the two, the more specific overrides the general. nmissioner Eaton asked about Policy 4.4.3 -8 that prohibits developmen ept private development or public improvements provided in the public ess and permit such improvements only when no feasible alternative >ts and when the design is constructed to minimize alteration of the f face. This provision refers to public improvements specifically no :essarily to the private development, correct? He was answered, "yes ". then asked if staff wants to refer to the 28 feet as the predominant line. c Campbell answered there are two lines that could be looked at as this corner property with two bluff faces intersecting at the project site. The ay be a rational to develop one limit or predominant line on Carnation si id a separate one on the other side. You could do it either way. issioner Toerge noted his concerns as they relate to the ve Declaration (MND): Public view at the corner of Ocean Boulevard and Carnation - it my contention that it is not the responsibility of this particu developer to make that view wider or bigger, but I also feel it is r approvable to allow that view corridor to be made smaller. I thanked the applicant for the proposed modifications tonight tt respect that view; Air quality - proposed haul route is important to consider given t magnitude of excavation and the amount of trucks circulati through the area for the next few years, the public needs to see tt and be given an opportunity to review; ® He asked that the Construction Management Plan, Parking Plan ar haul route be brought back to the Planning Commission so the publ has the opportunity to see it. http://www.city.new-port-beach.ca.us/PlnAgendas/mnO5-17-07.htm Page 9 of 23 D. (07 08/07/2007 Planning Commission Minutes 05/17/2007 r. Campbell, referring to a map of Corona del Mar, depicted potential preferred haul routes. ;cussion continued on truck staging, pollution, noise, not allowing is trucks and requiring trucks to shut off their engines immediately w :y come to a stop, and parking for workers' vehicles. immissioner Toerge asked for a straw vote on a new condition that nstruction management plan and haul route be reviewed by the Plani immission prior to the issuance of a grading permit. oner Hawkins noted the construction parking plans should all by the Public Works Department. nmissioner Hillgren asked about the process and what the be going through. on Jeannette noted the haul route mentioned by staff is acceptable to 1 mmission; we will just do it. The construction management plan is b be reviewed by Public Works and Traffic, which has been required. T ul route we mentioned earlier was granted to a project adjacent to t a. He noted the initial phase of the project will involve the operation terpillars, dump trucks, watering trucks, and street sweepers as 1 cavation begins. Later the shoring process will commence and then 1 indation will start. When the building is partially constructed, it commodate the smaller tradesmen's trucks in the proposed parki :ility. This will probably be 12 to 16 months with excavation slated to to out 3 months. ,ommissioner Toerge noted that this explanation is helpful and withc its request for a straw vote. He will be addressing further concerns on ;onditions. Referencing the MND, he noted his concern with the string nconsistencies on Ocean Boulevard as depicted on the exhibit. Campbell noted the language related to "stringlines" is in the prior c the MND. That language has been excised from the report as it was gar or accurate. irman Cole asked about any concerns noted by EQAC needing to ressed by the Commission. Lepo said there were none. Commissioner Eaton's request, Mr. Campbell opined on a comm( ar from the California Coastal Commission staff noting the comme] -e conservative and reflect a lack of understanding of the complexity project and the bluff. It talks about the aesthetic impact related !ring the bluff to accommodate the project. The MND makes clusion that it is not a significant effect on the environment and they to http: / /www.city.newport- beach. ca.us /PinAgendas /mnO5- 17- 07.htm Page 10 of 23 P. 70 08/07/2007 E C 11 Planning Commission Minutes 05/17/2007 Page 11 of 23 a different viewpoint on that issue. The letter indicated their view that th,i isanalysis in the MND related to Policy 4.4.3 -8 fails to show that all feasibly alternatives to the project were explained. It is our belief that this provisioi only applies to public improvements and not to the private development. There was another policy question as to whether 4.4.3 -8 and 9 apply a: Coastal staff does not believe the project is on the coastal bluff at all. Stai believes it is on the coastal bluff and we have a letter from the geologis supporting this belief. ommissioner Hawkins noted this project is on a bluff face for which 4.4. and 9 would apply. Staff agreed. ssioner McDaniel noted this is one member of the ssion staff, not the Coastal Commission. Staff agreed. mmissioner Hawkins asked and received clarification about the lack of snge to the boat docks and improvements to storm -water run -off systen referred in the letter from Coastal Commission staff. Mr. Campbell also discussed public access and the various factors consider pursuant to CLUP policy when reviewing a new project. T existing staircase from the apartment building to the water and then to t existing dock system is steep an in disrepair. Topography, safety and t proximity to residential uses were factors considered and given put ® access nearby, staff felt that public access across the site is not required. ated Negative Declaration (MND) items on page 51, the construct ing plan related to construction crew parking at an off -site location u time that the parking garage proposed can accommodate parking and the need to schedule grading to avoid summer months w issed. These components will be added as conditions and added ged in the MND. Ir. Harp noted the MND will be re- circulated and a revised resolution we istributed recommending approval to the City Council of the project an [lows for this re- circulation during the time period between now and whe goes to the City Council. The reason for the re- circulation doesn't requir ew analysis. The issue stems from the basic premise that some of th inguage in the MND was not agreed to by the applicant at the time the ibmitted the project, e.g., the predominant line of development. We are i greement with the applicant's counsel that it should be re- circulated. Th omments regarding the construction crew parking and scheduling c rading to avoid summer months could be included in the MND and re irculated. Discussion continued. Mr. Campbell referred to exhibits on pages 22 and 23 of the MND sho% ®he view areas of the Begonia Park. This discussion is contained in ocument concluding that no significant impact would result to public vi rom the park. 0-7/ http: / /www.city.newport- beach. ca .us /PlnAgendas /mn05- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/17/2007 imissioner Eaton made reference to the revised resolution presented meeting that includes a narrative that the applicant agrees to t ominant line of existing development as ultimately determined by t Council. imissioner Hawkins noted his concern with the contents and format various versions of the MND_ These documents should be interne rential and built upon each other. Each successive document shot ain the rationale for the solution to conflicts so that any decision maki y could disagree with that point and then go back to the earl iment. We are creating an environmental record and 'I do not belie record is a clear one. Continuing, he noted Mitigation IX -5 refers to t lominant line of development and the project shall be revised such tl principal building shall not be visible below 52 feet above mean s i Cole then asked for discussion on the predominant line lent. He noted his opinion that there are two lines: one on t portion (Ocean Boulevard side) and one on the northerly portion (Carnation Avenue). There had been a consensus of t ;ion back in February on Ocean Boulevard westerly side as 29 fe g with the adjacent development. nmissioner Eaton noted he agrees with the now adjusted number 5 feet upon further surveys and this should now be the line for the we ng side of the bluff: He explained that this elevation is the elevation closest foundation and that the adjacent westerly development started tle transition up from the water's edge that is exhibited by the Chann :f Condominiums. mmissioner Toerge noted the property is located on Carnation Ave., no :ean Boulevard. If it was located on Ocean Boulevard, it would have ight restriction based upon the top of the curb. The adjacent garage hac be built into the bluff as it also had to be below the top of the curb. The is not comprised of two bluffs. He noted that the predominant line o isting development should be based upon the homes along Carnatior enue and not the structures on Ocean Boulevard as those structure; ferencing the Vallejo Residence, Channel Reef and Kerchoff laboratory; uld, not be built today as they would not be consistent with Codes of licy. Referring to an exhibit showing existing development on the bluff discussed the proposed development extent also pointing out that thi; )ject should not be given the ability to both go down the slope and above curb height as it is on Carnation rather than Ocean Boulevard. HE ted a legal lot has to be given development rights. He supports staf :ommendation that this predominant line of development as it exist: mg Carnation be applied to this property, which is on Carnation and no Ocean. He noted the red line on the photographic exhibit tha )resents 50.7 feet above me an sea level and it respects the continuatior the predominant line of existing development as established or irnation Avenue. http://www.city.newport-beach.ca.us/PlnAgendas/Mn05-17-07.htm Page 12 of 23 0.72 08/07/2007 E, E E Planning Commission Minutes 05/17/2007 Page 13 of 23 ®Commissioner Peotter indicated that the predominant line of the coasta one is also reflected in the development along Bayside Place and the purple line on the photographic exhibit might be appropriate. He alsc indicated that within the Categorical exclusion zone, one could build to the minimum 10 -foot setback and further expand the predominant line o existing development. He indicated his belief that the CLUP does no effectively communicate its intent. Commissioner Toerge noted that the CLUP is a policy document not the specific regulations. The Categorical Exclusion zone does not exclude the site from the coastal zone or its policies. The predominant line of existinc development is a setback line for structures located on the bluff face an( that the development on Bayside Place is not on the same landform. The) are not in a similar topographic setting nor are they on the same street. A: an example, one would not use the development on Breakers Drive tc determine the vertical extent of development for the nearby lots on Ocear Boulevard as they are not in the same topographic setting. Commissioner Hillgren noted that the 30.5 foot elevation of the adjacen residence (Macintosh Residence) is an appropriate line for development but in looking at the development, including development further to the southeast, the predominant line is lower than that as it is built right to the water's edge. Chairman Cole noted is belief that there are two bluff faces (north an( west). The north facing slope should have a much higher predominant line ®of existing development and the west facing slope is lower than 30.5 feet. Mr. Harp added that the applicant and staff had discussed the possibility o he predominant line below where their project is and the applicant hw agreed to deed restrict the property that they would not develop in that arez if the predominant line was set lower than the project. issioner McDaniel referenced the photographic exhibit noting that to use the development on either side to ensure that the pro. sense. We do have a corner where the bluff turns with lo, pment to the east and higher development to the north and t should fit from either side. r. Campbell explained staffs method of calculations, median distances id the structures not included and those included in these calculations. noted the elevations of 59, 50.7, 42.3 on the north facing side. Hawkins commented on the method to identify line of existing development using the median distance opment. Staff indicated that the median distance is an example contained within tt definition of predominant line of development. It is a method to identify ®line for analysis where it is then compared to the existing developme pattern first to see if it meets other resource protection policies and then it compared to the proposed project. 0 73 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn05- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/17/2007 oner Hawkins asked why Bayside Place, Channel Reef and laboratory were excluded from the calculation of the me aff responded that Bayside Place was excluded as it was built in front bluff and was not on the bluff face. Today, staff was presentE ormation to suggest that 101 Bayside Place was constructed into the tc the bluff, but staff believes Bayside Place not to be in the san )ographic setting. Again, today staff was presented photograph ormation of what the bluff looked like before Channel Reef wE nstructed and staff now believes this development should be considers the identification of the predominant line of existing development. mmissioner Hawkins commented that the use of the median distance example is problematic in that is could evolve into a standard. l rrent policy is to protect the bluff by limiting development to be within ;dominant line of existing development and the protections contair hin Policy 4.4.3 -12 are built -in to the identification of the predominant I existing development. The trend with this bluff a lot lower than 50.3 f ove MSL. mmissioner Eaton commented that the west facing bluff 30.5 feet MSL propriate as it continues the transitional elevation change from the low ovations of the Macintosh residence to higher elevations to the north. l nt on to explain that he felt that this was a unique site that the come m a lower PLOED, based on Ocean Boulevard development to a high OED, based on Carnation Avenue development. The median elevati 50.7 is one value (the median) in a range of values; and that, with tl or design modifications made by the applicant to pull in the Recreati om and Unit 7 footprint, and to cause a rising bluff face along tl rtherly elevation by blocking off some of the lower level windows * re previously exposed, even up to an elevation of 59' at the norther rner of the development (which is higher, even, than the st ;ommended PLOED on Carnation Avenue of 50.7'), that the project h; - ceeded, in his opinion, in establishing a transitional PLOED th iisfied the requirements of the City's CLUP between the 30.5 elevation east to the higher elevations on Carnation Avenue. Campbell noted that with the Channel Reef condominium ded in staffs calculation, the median now becomes 49.4 feet irman Cole asked if preserved bluff areas above a potei lominant line of existing development (50.7 feet above MSL — the on the photograph) could be balanced against developed areas bE line and be consistent with policy. Staff answered that it could onable approach. nissioner Eaton agreed with this balancing approach and he it was a factor in his transitional predominant line of E http: / /www.city.newport- beach. ca .us /PinAgendas /ninO5- 17- 07.htm Page 14 of 23 1). 7q 08/07/2007 u E E Planning Commission Minutes 05/17/2007 Page 15 of 23 development approach. ® Commissioner Hillgren asked for clarification Commissioner Eato indicated that the transition he was thinking of is smoother than a vertic; step from 30.5 to 50.7 MSL. Commissioner Hillgren indicated his suppo or the green line (proposed project/bluff interface line) and also indicate that he was unsure of where the predominant line of existing developmer ould be. McDaniel noted the predominant line of existinc does not have to be a straight line. He asked staff fo Mr. Alford added that this project is the first major discretionary proje coming through with this issue and is a setting where the predominant Iii is not easily applied because we are dealing with a corner point and number of development patterns that are in different topographic settinc or example, the development on Bayside Place, Channel Reef and Carnation Avenue and Ocean Boulevard. Applying the concept of ti predominant line is somewhat difficult in this situation. We recognized tt Corona del Mar in general and this area in particular was going to somewhat more difficult than the other areas of the City where established the predominant line of development, around Upper Newpi Bay, Cameo Shores and in Shorecliff, etc. It was decided that the best w ® to handle that was on a project by project basis and to develop some sort guidelines on which you could view them and take those it consideration. It was also stated that no matter what methodology w used to establish the predominant line of development, ultimately it is goi to be the decision makers looking at an exhibit and deciding where that Ii is appropriate. There is nothing that says it has to be a straight line here will be a certain level of subjectivity and judgment in applying particularly in this complex topographic setting. nissioner McDaniel noted that for the City to have the best pro ale, it is within our discretion to make the line curve or whatever to make those two separate areas meet and make a nice project Alford noted that sometimes you have to ignore the mathematics ar :e a judgment call on how that line best fits all of the policies that a ar consideration. ner McDaniel thanked Mr. Alford. mmissioner Peotter asked how the Commission would reference the the exhibit as the one that was approved. Mr. Harp answered that you could approve it with the elevations that are i he plans and say that is the predominant line of development. If you war o pick something that is lower than that, you could set up the predominar line of development that is lower and approve the project; if you wanted tc 0.75 http: / /www.city.newport- beach .ca.uOlnAgendas /mnO5- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/17/2007 could deed restrict the area in between as the applicant agreed to. -nmissioner Hawkins noted the reason for the deed restriction is a build line of development and so we would want to prohibit developmer ween the approved line (project line) and the predominant line c sting development. r. Harp answered it would also help to support the policies in that you a otecting the coastal bluffs to the maximum amount feasible by having edominant line that is below that and the deed restriction would help otect that portion of the bluff below the project and above the line. imissioner Hawkins noted his concern of approving this project with le bound predominant line of development as the City needs a specii and the applicant and general public need a specific line so everyboc ros where this thing is going. While I support bluff face protection, t see how the Local Coastal Plan as currently drafted and approve ides such protection. irman Cole asked if there were any other questions or corn jrding the predominant line of existing development. None Cole asked if there were any design concerns. imissioner Eaton noted that this project is unusual and will be unique. City does not dictate architecture and it is beyond our purview. iissioner Hawkins asked if the interim design policies effective April 1 were applicable and he was answered no as that ordinance only d to single and two- family residential projects. iairman Cole noted this project is under the density that this site could jilt to and there is no variance, only a modification for an encroachm at is subterranean. r. Campbell answered the General Plan and Coastal Land Use PIS Acies have a higher density range. This project is well within tho: msity ranges. The Zoning Code has more strict limit and allows aximum 9 units, which is what we have before us in this project. TI oposed project is consistent with all regulatory documents in terms msity. The project complies with all development standards with tl cception of the encroachments for the front yard setback which is who jbterranean and the sideyard setback encroachments most of which a jbterranean but there is a single story encroachment that is a small an the building. Staff feels the findings for the Modification Permit can I missioner Eaton noted is support for the proposed n setbacks. http://www.city.newport-beach.ca.us/PlnAgendas/ninO5-17-07.htm Page 16 of 23 0. 7P 08/07/2007 C 1 U Planning Commission Minutes 05/17/2007 Page 17 of 23 Commissioner Eaton noted possible parking issues with the vehic elevator concept and queuing. He noted that the traffic analysis prepan by the applicant did not address the issue of vehicle access or potent queuing. He stated he would be able to find this consistent with tl Circulation Element and CLUP policies. He noted that the Conditior Covenants and Restrictions (CC and R's) have to say that the members a required to park in their garages and they cannot be used for oth Harp suggested adding a condition that the CC and R's be recorded 1 as to require the homeowners and /or association to maintain perty and lifts in operation as well as the other conditions iscaping. Campbell noted that conditions 26, 27 & 28 provide restrictions on of parking but do not include these restrictions in the CC &Rs. Commissioner Toerge noted General Plan Policy CE7.1.1 which require: new development provide adequate and convenient parking for residents guests and visitors. Adequate parking is provided, but is it convenient? Not only for residents, but guests and visitors. Each unit is required t( provide 2 cars of parking for residents and 1/2 car per unit for guests; witt ®nine units, the project has to provide 4 1/2 cars for parking for guests an( he Code requires rounding up, so the project is required to provide 5 car: of guest parking that is convenient. On the ground level there are three nest parking spaces and the other two are to be used through access t( he elevator. Further, with such large storage units in the basement, user: will be inclined to back into the vehicle elevators so that the rear of the vehicle will be oriented toward the storage side of the basement. A residen hat pulls a car or truck into the vehicle elevator in a forward manner an( proceeds to the storage area will then be required to off -load their vehicle on the opposite side of the storage area, requiring that they maneuve themselves and their storage items between the vehicle elevator wall an( he side of the vehicle. Practically speaking, the design will compe basement storage users to back into the elevators at street level where here is no queuing area or other accommodation for such backin( maneuver. Of course, while the user is off - loading, the vehicle elevator wil be tied up and not available for use by other residents or guests. Also, if very day use, given the time it will take for a resident to access the vehicle elevator, lower their vehicle to the proper level, exit the elevator an( maneuver in tight quarters to their garage and repeat the same in revers( to exit the garage, I believe the parking arrangement is not "convenient" a: required by General Plan Policy CE 7.1.1. To the contrary, I find the parkin( configuration to be "inconvenient" for residents, visitors and guests. ®Brion Jeannette noted is opinion that people will not be able to drive a into the lowest level as items to be taken to that level will be brought tl on small carts or a golf card. He then explained the mechanism operation of the lifts adding that the two other guest parking spaces at o D. 77 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn05- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/17/2007 might be for family members who are visiting those households be specifically granted access to those levels. ssioner Toerge noted his belief that the five guest spaces t iently located without having to use the elevators. He then noted h i about the large subterranean storage areas and the use of tl rs as being inconvenient. Jeannette answered unless you are keyed for access, you will not to do this. He then explained the use of a cart or dolly sportation, elevator use and the use of storage by the residents. mmissioner Hawkins indicated that there will be an increase in parki the street with the reduction in the width of the drive approach. ion continued on the placement and use of the guest parking.< hairman Cole then asked for any changes or modifications to mditions by the Planning Commission. McDaniel, noted that: Condition 8, regarding a performance bond on completion of and retaining walls should be require completion for the project. was made by Commissioner Peotter and seconded issioner Hillgren, to approve the project per staffs recomme ion with Exhibit D as amended and including the following: redominant line of development - use the "blue" line on the elevation thibit (23ft up to 42ft). missioner Eaton noted this would require a deed restriction ested using the "green" line which transitions from 30.5' at iwest corner of the project, to 59' at the northeast corner. was consensus to use the "green" line. The maker of the I and motion includes. ominant line of development - the "green" line on the elevation exhibit. e was a consensus. was consensus on the following conditions: Condition 103 - amend to add schedule grading to avoid the busy summer season and a portion of a nearby parking lot to be leased for the use of the construction crew parking; http: / /www.city.newport- beach. ca.us /PinAgendas /mnO5- 17- 07.htm Page 18 of 23 0. 7J' 08/07/2007 11 E 11 Planning Commission Minutes 05/17/2007 Condition 4 - reflect the date of the newly- revised submitted plan ® (Exhibit Z); Condition 30 - Re -word as, "Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be fumed off immediately when not in use. The use of audible signals, horn honks, whistles, beeps, etc. during the hauling and construction process shall be prohibited subject to the maximum extent permitted bylaw." Condition 8 - Completion bond for the entire project. Mr. Jeannette brought up the issue of irrigation and stated that there al many conditions that they cannot do. He asked that staff work with them. r. Campbell noted the use of the word permanent and indicated that on mporary irrigation may be used on the bluff face to re- establish tt antings that would occur and staff will make those corrections to t I here was consensus on the following conditions: ® Condition 11 - submit to the Planning Director, not Planning Commission; permanent underground automatic sprinkler irrigation system where allowed by Code. Condition 26 - add, "The location of the generator be approved by the Planning Director and shall be sound attenuated." Add new condition or amend condition 27- CC and R's be recorded to require that the Homeowner's Association maintain the property and lifts in operative condition, landscaping and other improvements in compliance with the conditions. The City Attorney's office shall approve the CC and R's. Mr. Harp noted that the City would not be enforcing the CC and R's but the) would give a private cause of action to a party to that contract. missioner Hawkins asked that the CC and R's require residents to pa vehicles in their garage. Harp confirmed that could be added if the residents agree. ®�Mr. Jeannette agreed to this and to condition that garages not be used torage rooms. missioner McDaniel noted a lot of people have more than Page 19 of 23 o.7? http: / /www. city. newport- beach. ca.us /PlnAgendas /mn05- 17- 07.htm 08/07/2007 Planning Commission Minutes 05/1,7/2007 es. iscussion continued. Peotter amended his motion as follows: Add Condition 104 - CC and R's to be reviewed and approved by the City Attorney. The CC and R's shall include use of garage for cars and not storage, owners agree to park in their garage; maintain elevators in good working order; visitors' spaces shall not be used for continual parking. Add condition to prohibit the conversion of the common areas to exclusive residential use by residents in the future. Or. Jeannette referring to Condition 8 suggested a phasing situatio )erformance bond to be reduced in 25% increments commensurate wit ncremental building completion. Or. Campbell noted Condition 8 as currently worded would include th estoration of the excavations if the project doesn't go to completion, w ;ould restore it back to its condition as opposed to building and finishing th iroject. Removing the improvements and filling the hole back in would be nuch smaller bond and that is what we thought was appropriate if th iroject should fail in the middle. Or. Jeannette suggested doing 100% of the project with release in 25� aff and Commission agreed. m Paone, land use counsel for the applicant, noted the suggestion wou to bond for the entire construction of the shell and release that in 25 crements to completion of shell with a new bond for the interior work. r. Jeannette defined the shell as being the parking structure, tt rvelope, roofs, windows, etc. so that the concrete and systems are ace. The finish work for the interior would be the cabinetry, bathroo lures, etc. was agreed that Condition 8 shall refer to 100% of the shell cost ar lease in 25% increments. Commission inquiry, Mr. Jeannette, representing the applicant, agreed the conditions and amendments as discussed. He noted that or indition related to the 5 -foot easement for a sewer line which is five fe vay from the property and asked if that can be worked out with Pubi Lepo noted they can administratively find conformity with ,loner Peotter noted the motion is the resolution that w d tonight with the modification on the Mitigated Negatl nn to modify Mitigation Measure 15 -1 to include those two itei grading to avoid summer season and the shuttling of constructi and: http://www.city.newport-beach.ca.us/PlnAgendas/mnO5-17-07.htm Page 20 of 2' . 2M 08/07/2007 E C E Planning Commission Minutes 05 /17/2007 Page 21 of 23 Condition 4 - reflect the date of the newly revised submitted plan ® (Exhibit Z). Condition 8 - add, shall refer to 100% of the shell cost and release at 25% increment per the Building official. Condition 11 - submit to the Planning Director, not Planning Commission; permanent underground automatic sprinkler irrigation system where allowed by Code. Condition 26 - add, "The location of the emergency generator be approved by the Planning Director and shall be sound attenuated. " Condition: 30 - Re -word as, "Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off immediately when not in use. The use of audible signals, horn honks, whistles, beeps, etc. during the hauling and construction process shall be prohibited subject to the maximum extent permitted by law." Condition 103 - amend to add schedule grading to avoid the busy summer season. ® Add Condition 104 - CC and R's to be reviewed and approved by the City Attorney. The CC and R's shall include use of garage for cars and not storage, owners agree to park in their garages; maintain elevators in good working order; residents shall not use visitors' spaces for continual parking. Commissioner Toerge noted that the minor change to the project related to he view corridor will eventually be a hugely significant change in the future. He thanked the applicant for this. He noted he has a different opinion on this project related to the predominant line of development and that the architecture is not compatible with the existing neighborhood. The parking situation, while novel, does not meet the Code as it is not convenient. For these reasons, he stated he would not be in support of this application. Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel and Hillgren Noes: Toerge Excused: None � x x ADDITIONAL BUSINESS: ADDITIONA a. ® BUSINESS City Council Follow -up Mr. Lepo noted that at the last meeting, the City Council took ,Q. S'l http: / /www.city.newport- beach. ca .us /PlnAgendas /mnO5- 17- 07.htm 08/07/2007 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 April 5, 2007 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 - 3210, icampbell(a city.newport- beach: ca. us SUBJECT: AERIE (PA2005 -196) 201 -205 & 207 Carnation Avenue 101 Bayside Place APPLICANT: Advanced Real Estate Services, Inc. Richard Julian, President The Planning Commission considered this project on February 22, 2007. The project was continued to this meeting for the following reasons and the minutes of the meeting are attached as Exhibit #1: 1) Applicant to revise the project plans to reduce the bayward extent of the northwestern portion of the proposed building; and, 2) Provide responses to questions posed by Commissioner Eaton; and, 3) Address comments related to the proposed draft Mitigated Negative Declaration (MND) expressed by Commissioner Toerge; and, 4) Allow for the conclusion of the public review period for the draft MND. RECOMMENDATION 1) Hold a public hearing; and, 2) Consider the changes to the draft MND; and, 3) Adopt the attached draft resolution recommending adoption of the MND and recommending approval of a revised project such that the proposed building does not extend below 52 feet above mean sea level (Exhibit #2). DISCUSSION Coastal Land Use Plan The project must be considered within the context of the Coastal Act and all of the policies of the Coastal Land Use Plan. At the last meeting, the emphasis was on the predominant line of existing development and the various methods to determine its location. However, p. 9z AERIE (PA2005 -196) ® April 5, 2007, Page 2 consideration must be given to all applicable policies and this report includes analysis of the project in the context of all policies. The most significant considerations related to this project are the scenic and resource protection policies within Chapter 4.4 of the Coastal Land Use Plan. These policies implement Section 30251 of the Coastal Act, which states: "The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting." Implementing this section of the Coastal Act, the Coastal Land Use Plan states that: "Bluffs, cliffs, hillsides, canyons; and other significant natural landforms are an important part of the scenic and visual qualities of the coastal zone and are to be protected as a resource of public importance. Corona del Mar is one of the few areas in the coastal zone where there is extensive development of the bluff face; specifically, residential development on Avocado Avenue, ® Pacific Drive, Carnation Avenue, and Ocean Boulevard. The initial subdivision and development of these areas occurred prior to the adoption of policies and regulations intended to protect coastal bluffs and other landforms. Development in these areas is allowed to continue on the bluff face to be consistent with the existing development pattern and to protect coastal views from the bluff top. However, development on the bluff face is controlled to minimize further alteration." (emphasis added) Coastal bluffs are significant resources. In this area of Corona del Mar, development on the bluff face is allowed; however, development must be sited and designed to meet the goal of minimizing alteration of the bluff and preserving and, if feasible, enhancing public views and the scenic and visual qualities of the coastal zone. In furthering this objective, the following CLUP policies must be considered: 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. 4.4.1 -3 Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. 4.4.3-8- Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in ® Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, 0.Y3 AERIE (PA2005 -196) April 5, 2007, Page 3 protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and. accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. 4.4.3 -12. Employ site design and construction techniques to minimize alteration of coastal bluffs to the maximum extent feasible, such as: A. Siting new development on the flattest area of the site, except when an alternative location is more protective of coastal resources. B. Utilizing existing driveways and building pads to the maximum extent feasible. C. Clustering building sites. D. Shared use of driveways. E: Designing buildings to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and building design. F. Utilizing special foundations, such as stepped, split level, or cantilever designs. G. Detaching parts of the development, such as a garage from a dwelling unit: H. Requiring any altered slopes to blend into the natural contours of the site. Predominant Line of Existing Development The logical starting point for project review is the identification of the predominant line of existing development as it establishes a line beyond which private development cannot extend. The applicant agrees with this statement (Exhibit #3) although the applicant does not agree with the location of the predominant line of existing development for this property proposed by staff in the February 22, 2007 staff report. In the prior report, staff provided the rationale for determining 52 feet above mean sea level as the predominant line of existing development for the Carnation Avenue bluff face. This elevation is consistent with the existing development pattern located on the bluff face. Staff also identified 34 feet above mean sea level for the Ocean Boulevard bluff face as the predominant line of existing development based upon the location of abutting residences. Please see Exhibit #4 showing staffs recommended predominant lines of existing development. Please see Exhibit #5 showing the proposed project extending down the bluff below these lines. D11� C 11 C AERIE (PA2005 -196) is April 5, 2007, Page 4 Minimizing Alteration of the Bluff and Reducing Visual Impacts Once a predominant line of existing development has been determined that identifies the maximum extent of development, a maximum permissible building envelope within the area bounded by the predominant line of existing development can be defined. Development that may occur within this maximum permissible building envelope must be consistent with all CLUP policies requiring the development to be sited to minimize alteration of the bluff and preserve and, if feasible, enhance public views and the scenic and visual qualities of the coastal zone. This may result in a building that is less than the full extent of the building envelope defined by the predominant line of existing development. The applicant contends that the predominant line of existing development establishes a line up to which the building can extend without further consideration of minimizing alteration of the bluff or the preservation and, if feasible, enhancement of public views and the scenic and visual qualities of the coastal zone. The Commission needs to consider the project's consistency with each policy identified above. To help the Commission evaluate consistency, staff has prepared several visual simulations that show variants of the project, each representing a different level of alteration of the bluff face and impacts to visual resources. In the variant shown in Exhibit #6 with the project at staffs recommended predominant line of existing development, grading would be reduced by approximately 9,000 cubic yards. Visual building mass would be reduced and a portion of the bluff would be preserved by eliminating ® the lower level proposed on the Carnation bluff face. The Planning Commission may determine that a change such as this would make the project consistent with policies requiring minimizing alteration of the bluff and the protection or enhancement of the scenic and visual quality of the coast. The Planning Commission may also determine that further reduction of the project is necessary to minimize alteration of the bluff or avoid a negative visual impact consistent with Policy 4.4.1 -1. Staff has developed a visual simulation of the project with the entire building being sited at 52 feet above mean sea level (Exhibit #7). This potential alternative is further within the predominant line of existing development identified by staff. Grading with this variation would be reduced by approximately 12,000 cubic yards and would reduce the visual building mass by eliminating the 2 lower levels visible to the public from the west. Floor area would be reduced by approximately 26,000 sq. ft. The most conservative and restrictive application of policy would be to allow redevelopment of the property within the footprint of the existing buildings. The existing developed footprint is well within the predominant line of existing development and development within that area would limit grading and alteration of the bluff to the ground under the existing buildings. The entire bluff that extends below the existing buildings would remain unaltered. This scenario would minimize alteration of the bluff to the greatest extent. Policy 4.4.1 -1 could also be implemented to require enhancements to the bluff that could include removal or reconstruction of the existing stairs and the removal of non - native vegetation and replacement with plantings indigenous to California coastal bluffs. Public Views ® Public views are also protected by the following policy of the CLUP: 0 . ?S AERIE (PA2005 -196) April 5, 2007, Page 5 Policy 4.4.1 -6 Protect public coastal views from the following roadway segments: ® Ocean Boulevard. As noted in the February 22, 2007 staff report, a public view corridor from Ocean Boulevard and Carnation Avenue exists between the existing building and the structures located at 2495 Ocean Boulevard. The siting of the proposed building would provide a greater separation between these properties than exists today. The applicant prepared a view exhibit showing the existing view angle measuring 25 degrees and with the project, the view will increase to 32 degrees. This exhibit is representative of the view from Carnation Avenue at its intersection with Ocean Boulevard to the southwest. The project architect has prepared a visual exhibit depicting the view from Ocean Boulevard to the west (see Sheet A -20). The exhibit suggests that there will. be an improvement of the view due to the position of the proposed building. Staff believes that the project is consistent with this policy; however, further enhancement of the view can be required pursuant to Policy 4.4.1 -1 by modifying the location of the building walls to increase the view angle between the project and the abutting structures and to enhance views from various locations on Ocean Boulevard. Parking Several policies related to parking were not identified in the prior report. General Plan Land Use Element Policy LU 5.1.8 requires adequate enclosed parking considering the number of bedrooms. Most of the units have three bedrooms; however several units have other rooms that could be used as bedrooms and the unit sizes range from 4,000 to 6,300 square feet. The project provides 3 spaces for 7 units and 2 spaces for the 2 remaining units (25 spaces). Seven (7) guest parking spaces and 2 golf cart spaces are provided for a total of 34 covered, vehicle spaces. Staff believes the project is consistent with this policy. Policy 2.9.3 -1 of the CLUP requires new development to avoid the use of parking configurations or parking management programs that are difficult to maintain and enforce. The Circulation Element contains the identical policy and it also contains Policy CE7.1.1 that requires new development to provide adequate, convenient parking for residents, guests, business patrons and visitors. The Commission had concerns about the convenience of below grade parking accessed by vehicle elevators. If the elevators are in use and someone desires to access them from Carnation, they will be forced to wait within the public right -of -way for the elevator possibly inconveniencing the public. Additionally, residents and their guests and service providers might be more inclined to park on the street when it is more convenient to do so. This will take on- street parking away from visitors to the coastal zone, which would be negative impact to public access. The proposed parking configuration may be inconsistent with these policies for these reasons. Revised Plans On February 22, 2007, the Commission directed the applicant to reduce the bayward extent of the northwestern portion of the proposed building to be consistent with the bayward extent of the southeastern portion of the building. The applicant revised the plans accordingly by moving the deck and building wall closer to the approximate location of the bluff edge on Level 2 (lower floor of Unit #7) by approximately 6.5 and 6 feet respectively. Additionally, the deck and building wall on the level above (Level 3) were also modified, but were not moved closer to the estimated bluff edge (Exhibit #8). Overall the project changes reduced the overall floor area by C%. f G AERIE (PA2005 -196) ® April 5, 2007, Page 6 527 square feet. If the Commission determines that the changes to the project bring the project into compliance with applicable CLUP policies, the Commission may recommend approval of the revised project. Commissioner Eaton's Comments Prior to the February 22, 2007 Planning Commission meeting, Commissioner Eaton sent an e- mail to staff containing 12 comments or questions regarding the staff report and project in general. Staff has prepared responses to the questions, and both the comments and responses are attached as Exhibit #9. Draft Mitigated Negative Declaration Commissioner Toerge commented on the draft Mitigated Negative Declaration (MND) (Exhibit #10). His comments lead staff to hire an independent environmental consultant to review and /or revise the document. Revisions to the draft MND are contained within Exhibit #11. Changes recommended by the consultant provide additional project information and clarification. Revised mitigation measures are identified and will provide equivalent or superior environmental protection. No new environmental impacts were identified and recirculation of the document is, therefore; not necessary in the consultant's opinion (Exhibit #12). A quantitative air quality assessment was completed after the February 22, 2007 meeting and incorporated into the MND. Construction - related air emissions will be below applicable ® thresholds of significance. Staff and the environmental consultant concluded that the analysis and proposed mitigation were insufficient to support a finding that there would not be a potential impact to marine resources. As a result of the subsequent review and analysis, expansion of the docks was eliminated from the project description by the applicant. Should the applicant choose to pursue permits for expanded docks in the future, a permit from the Harbor Resources Department would be required and it would be subject to environmental review pursuant to California Environmental Quality Act. No other comments on the adequacy of the prior draft environmental document, other than Commissioner Toerge's, were received prior to the closing of the comment period on March 15, 2007. SUMMARY Staff concludes that the project is inconsistent with the following CLUP Policies: 1) 4.4.3 -8 and 4.4.3 -9 regarding predominant line of existing development. 2) 4.4.1 -1 regarding the protection and /or enhancement of public views and the scenic and visual qualities of the coastal zone. 3) 4.4.3 -1 and 4.4.3 -12 regarding the siting and design of new development to minimize alteration of the coastal bluff. Additionally, staff believes that the project may be inconsistent with CLUP Policy 2.9.3 -1 and Circulation Element Policy CE7.1.1 regarding the parking configuration. D.F 7 AERIE (PA2005 -196) April 5, 2007, Page 7 Staff recommends that the project should be redesigned such that the proposed building does not extend on the bluff face below 52 feet above mean sea level. This option provides a balance between preserving the scenic quality of a significant portion of the bluff through minimizing its alteration while siting the building within the predominant line of existing development. Although allowing portions of the project to be developed further down the bluff to 44, 34 or 29 feet above mean sea level might be within an alternate predominant line of existing development, staff does not believe that development at these levels minimizes alteration of the bluff and preserves the scenic and visual quality of the landform as a visual resource consistent with policy. ALTERNATIVES 1) Provide direction on design changes deemed necessary by the Planning Commission to make required findings that the project is consistent with Coastal Land Use Plan policies 4.4.1 -1, 4.4.1 -2, 4.4.1 -3, 4.4.3 -8, 4.4.3 -9 and 4.4.3 -12. 2) Deny the project. Prepared by: °. James Campbell a- James Campbell, Senior Planner EXHIBITS Submitted by: David Lepo, Planning Director r 3. Letter from Tim Paone on behalf of the applicant dated March 27, 2007 4. Staff recommended predominant line of existing development 5. Visual simulation of the proposed project 6. Visual simulation of the project within staffs recommended predominant line of existing development 7. Visual simulation of Staffs recommendation 9. Commissioner Eaton's comments and staff responses 10. Comments on the MND from Commissioner Toerge 12. Memorandum from Randy Nichols 13. Additional correspondence E �J n. � L� E Exhibit No. 3 Letter from Tim Paone on behalf of the applicant dated March 27, 2007 �J Page left blank intentionally F_ L 1 manatt manall I phelps I phillips March 28, 2007 James Campbell Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Aerie (PA2005 -186) Dear Mr. Campbell: Tim Paone Manatt, Phelps &. Phillips, LLP Direct Dial: (714) 371 -2519 E -mail: tpaone@manatt.com I am writing on behalf of Advanced Real Estate Services, Inc. ( "Advanced ") with respect to the Aerie project at 201 -205 & 207 Carnation and 101 Bayside. Since the February 22, 2007, Planning Commission hearing on the project, a number of design changes have been made in response to the direction of the Commission, all of which are reflected in revised submittals. This letter is written before distribution of the staff report for the April 5, 2007, hearing on the project, and may be supplemented once that report is released. This letter will focus on the February 22 staff report's analysis of two specific CLUP policies, as well as demonstrate why the application should be found to be in compliance with those policies. Those policies are: Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. 695 Town Center Drive, 14th Floor, Costa Mesa, California 92626 -1924 Telephone: 714.371.2500 Fax 714.371.2550 Albany I Los Angeles I New York I Orange County I Palo Alto I Sacramento I Washington, D.C. G—r 0.9I manatt manatt I phelps I phillips March 28, 2007 Page 2 F 1 ` The implications of both the February 22 staff report and the applicant's discussions with staff are that this application represents the Planning Commission's first opportunity to apply those policies. While the applicant recognizes that each application for a coastal project can present its own distinct issues, we also urge the Commission to note that the CLUP was in place roughly a year before the City's amended general plan was approved by the voters in November 2006. The general plan and the CLUP should not be confused. This simply is not the first time that the City has considered a project in the context of the CLUP policies. So while it is correct to say that the decision in this case could, as with any approval, serve as precedent for other cases, it would not be correct to assume that there is no existing precedent under the existing CLUP. To properly understand and apply these CLUP policies, it also is important to consider all of the guidance provided in the CLUP and not just the isolated language of the policies. Of great significance is the statement contained in Section 4.4.3 at Page 4 -76 of the CLUP: "Corona del Mar is one of the few areas in the coastal zone where there is extensive development of the bluff face; specifically, residential development on Avocado Avenue, Pacific Avenue, Carnation Avenue, and Ocean Boulevard. The initial subdivision and development of these areas occurred prior to the adoption of policies and regulations intended to protect coastal bluffs and other landforms. Development in these areas is allnwed fn cnntinue nn the hhiff race to be consistent with the existing development pattem and to protect coastal views from the bluff top. However, development on the bluff face is controlled to minimize further alteration." (Emphasis added.) Thus, the CLUP expressly intended to allow continued development on the bluff face of this property provided that it is "consistent with the existing development pattern." That statement, however, is followed by another statement that, only if viewed in isolation, could lead to a contradictory conclusion about development on the bluff face: "...development on the bluff face [shall be] controlled to minimize further alteration." Although the pending application is before the City and not the Coastal Commission, the policies to be interpreted are CLUP policies, and those policies are based upon a Coastal Commission - certified LUP. Further, because a full LCP has not yet been adopted, when this application reaches the Coastal Commission, the Commission will treat the CLUP as guidance only. Therefore, there is much to be learned from the Coastal Commission's analysis of the CLUP policies which were not only certified by the Coastal Commission, but in some instances drafted by Commission staff as recommended modifications to the City's proposed LUP. That, of course, means that 0. manaft ® manatt I Phelps I phillips March 28, 2007 Page 3 those policies did not necessarily originate with the City or its committees which worked on the City's proposed LUP and, therefore, random recollections of the intent of those committees, the Planning Commission, or the City Council are not instructive. Based upon a review of the Coastal Commission staff report dated September 28, 2005 (see the staff report at http: / /www. coastal .ca.gov /lb[Th8d- 10- 2005.pdf1, the statement set forth above from Page 4 -76 of the CLUP was, in fact, drafted by Coastal Commission staff as a proposed modification to the City's proposed LUP. Similarly, CLUP Policy 4.4.3 -9 was drafted by Coastal Commission staff.. Therefore, Coastal Commission interpretation and application of these very policies in prior actions in Newport Beach is relevant to the Aerie application. Further, although the references below are to the Coastal Commission's actions, the preceding City decisions were less restrictive than the Coastal Commission's decision. As a result, the precedent discussed below is even more restrictive than the City Council's precedents for the same projects. It is a very basic principle of law that these policies should be read in a manner that gives meaning to each of them. It is not a matter of choosing one over the other, but of reconciling them so that all have meaning. So the question becomes, "How does the City both allow continued development on the bluff face AND control development to ® minimize further alteration "? The answer, of course, is not to choose one directive over the other, but rather to interpret and apply the policies in a manner which implements both directives. To gain insight into the analysis which must be undertaken to simultaneously give meaning to both directives, review should be made of earlier planning decisions involving the very same CLUP policies which are at issue with this application. u In November 2006, the Coastal Commission approved an application for the demolition of an existing house and the construction in its place of a new duplex at 3130 Breakers Drive in Corona del Mar. This construction differed significantly from the Aerie application because the construction was at the base of the bluff and went up the bluff, whereas Aerie starts on top of the bluff and comes down. The principles related to predominant line of development and bluff face alteration, however, are the same. What is important to note about the Breakers application is that even though there was a pre- existing house proposed for demolition, the Commission did not interpret the "predominant line of development" as being established by the pre- existing house. Rather, the Commission used the extent of adjacent development to establish the maximum distance which the new structure could ascend up the bluff. The new house was proposed to rise to a 70' elevation on the bluff face, while the tallest adjacent property was at 52'. The Commission, therefore, limited the new house to the 52' contour line. The issue of minimizing bluff alteration was, as it should be, treated as a separate consideration from the predominant line of development issue. It was not used 0.73 rratanatps manalt I Phelps I Phillips March 28, 2007 Page 4 to change the predominant line of development, but rather to assess whether the "amount of grading would be the minimal amount necessary to construct the project." The policies of the CLUP were in effect when this Coastal Development Permit was analyzed and approved. This action clarifies that the predominant line of development should first be determined on the basis of the extent of development of existing adjacent structures or adjacent series of structures, and then the development of the project within the resulting building envelope should be accomplished in a manner which has the least impact on the bluff face. With Aerie, the proposed plans are, on each elevation'of the project, within the predominant line of development of the adjacent series of structures. In January of this year, the Coastal Commission considered an application for the demolition and reconstruction of a home at 3415 Ocean Boulevard in Corona del Mar. Again, while specifically referencing Policies 4.4.3 -8 and 4.4.3 -9, the Coastal Commission addressed the predominant line of existing development on the basis of the maximum extent of the adjacent series of structures. These are but two decisions under the current CLUP which demonstrate that establishing the predominant line of development is a separate exercise from minimizing alteration of the bluff face. These and other decisions also clarify that in determining the predominant line of development, the most important factor is the maximum extent of encroachment of other structures in the area, typically those within the same viewable area. When these principles are applied to the Aerie project, it becomes apparent that the extent of encroachment onto the bluff face is within the predominant line of development, with that line being drawn at a different contour line for each perspective of the building as it wraps around a "turn in the bluff. It also is indisputably Gear that the CLUP intends that structures in this area be permitted to descend down the bluff to the predominant line of development. Once that line has established a building envelope, there is a separate obligation to limit alteration of the bluff face while still allowing construction of the proposed project within that building envelope. The Aerie proposal meets these requirements. The Planning Commission not only can, but, to be consistent with all prior decisions under the CLUP, should find as follows: The project complies with Policies 4.4,3 -8 and 4.4.3 -9 of the CLUP which expressly permit construction on the bluff face at this location. The project will be constructed within the predominant line of development for the immediate area. That line is defined by the series of structures immediately upcoast from the project for the northerly elevation of the project at the 44' contour line, and by the series of structures immediately downcoast from the project for the westerly 11 manatt ® manatl I phelps I phillips March 28, 2007 Page 5 elevation of the project at the 29' contour line. The project minimizes alteration to the bluff face because, within the building envelope defined by the predominant line of development, the proposed alteration of the bluff face is the minimal amount necessary to construct the project. By taking this approach, which is consistent with prior actions of both the City and the Coastal Commission in interpreting the very CLUP policies which are at issue here, the Planning Commission will have given effect to not only these policies, but the statement from the LUP quoted earlier in this letter and repeated here, in part: "Corona del Mar is one of the few areas in the coastal zone where then= is extensive development of the bluff face; specifically, residential development on Avocado Avenue, Pacific Avenue; Carnation Avenue, and Ocean Boulevard.... Development in these areas is allowed to continue on the bluff face to be consistent with the existing development pattern and to protect coastal views from the bluff top. However, development on the bluff face is controlled to minimize further alteration." (Emphasis added.) With the changes to project design since the February 22 hearing, we believe the ® project fully complies with both the Planning Commission's direction and those policies of the City's General Plan and CLUP which were brought into question with the previous Staff Report. Specifically, we urge the Planning Commission to approve the project as modified and to find compliance with the policies of the CLUP. Sincerely, Tim Paone 70042339.1 J ✓ J O.9 5 Page left blank intentionally C 0 Exhibit No. 4 Staff recommended predominant line of existing development E l�. �/� Page left blank intentionally � , � ^: � � � }2 � \ \� \ \� �� ¥ � � \� : � y _ ���� \� � � s�� : � <ƒ / \� � /�\ � ��� � \\< . / � ~: � � �w.� \ } � \� ��/� � r jl- ..: 8,... ® • • Predominant Line of Existing Development j - 52 feet ' 1�- i. } _ t 4M•w�� Y � .,; �� 'u 4t yt( vk^y}���� ;i ; w .1L �'�•,T7� '� � r � �• -�... r a.- a i$�° �'-ar'����a'crtG_i` ,r.- ri.: ,F- -''2 � ,��x,� "'[. _ ... +Ya<•,<� -�'"i< ,.a_ ...._:._... -, _. � ._... «._ ., ._ _.- _. _.� �9:: ��mY Src ;ss.___r sS�.^ - ':a�"Ly'Y.%s.��..i -�";�� F°..:I -. �� View 2 Page left blank intentionally E E Exhibit No. 5 Visual simulation of the proposed project E P -1 U 3 Page left blank intentionally �... ._ ... .: x �� _ _� ,_ ;. ,.- -- ,- �- View 21 C 0 Exhibit No. 6 Visual simulation of the project within staffs recommended predominant line of existing development E _17t-r 0-10-7 Page left blank intentionally A tL i A :< —v+ � L :.i: : 4. a. ... .:�. u ♦ �u �C., ;fit �i xa � `�`e .._ _ . 3 w .... _ _ _. ._ _ _..�_. Page left blank intentionally LJ CJ Exhibit No. 7 Visual simulation of Staffs recommendation 1 Page left blank intentionally � +� 1Ile' OL u� i v _ v Staff Recommendation (Project Above 52 Feet MSL) View 2 0 L a n LJ Exhibit No. 9 Commissioner Eaton's comments and staff responses E Page left blank intentionally Commissioner Eaton's comments on the 2/22/07 staff report and staff responses ® 1) The footnote to the table on page 3 states that the "Common areas include.... all parking areas'; but there is column that separately details the garage areas for each unit. Do these two overlap, or is there 3,369 sq. ft. of garages, plus additional parking areas included in the 20,687 sq. ft. of common area? Each unit has an enclosed garage that is not included in the 20,687 square foot common area 2) The last sentence in the top paragraph on page 10 states that "If the project is found consistent with Coastal Land Use Policies, the project is also consistent with the Land Use and Natural Resource Elements (of the General Plan)." Is this literally true? Are there are no policies whatever in either the Land Use or Natural Resource Elements of the General Plan that go beyond the Coastal Land Use Policies, or that address themselves to topics not included in the Coastal Land Use Policies? (I thought that there were a few inconsistencies betweenthem that needed resolving.) Staff reviewed all elements of the General Plan and compiled a listing of all applicable policies. The Coastal Land Use Plan (CLUP) policies are more specific and cover all of the topics contained within applicable General Plan policies. Therefore, if it is determined that the project is consistent with applicable CLUP policies, the project is consistent with the General Plan. 3) The 2nd sentence of the 2nd paragraph on page 18 states that "No view presently exists above the existing building other than sky views... ". Is this sentence intended to describe public views? (I would think that there may be private bay or ocean views above the existing building from some of structures on the lots a little uphill from this building.) ® The sentence refers to public views. There are private views over the existing building from the upper levels of residences across the street, but private views are not protected by policy. 4) The 2nd sentence of the 4th paragraph on page 9 states that "Although specific exterior finishes or building materials are not identified at this time..." but the 4th sentence of the 1st paragraph on page 22 states that "The new elevations with high quality materials and unique design will improve the streetscape aesthetic." How do you know that there will be "high quality materials" if the "building materials are not identified at this time "? This comment was based on the applicant and the architect's representation that they plan to use high quality materials. 5) The 3rd sentence of the 2nd paragraph on page 23 states that "Public improvements and not private development are subject to the policy directions (in the CLUP) to minimize alteration of the bluff face... ". Is this correct? I seem to remember a great deal of discussion when we were considering the adoption of the CLUP, of the effect of these policies on private development. The question relates to Policy 4.4.3 -8 which states 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and ® when designed and constructed to minimize alteration of the bluff face, to not contribute 0.117 Commissioner Eaton's comments on the 2122/07 staff report and staff responses to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. The statement in the staff report is specific to the applicability of the second sentence of the policy to public improvements and not private development. Private development is subject to the Policies 4.4.3 -1 and 4.4,3 -12 that requires development to minimize alteration of the natural landforms. 6) In the further discussion on pages 23, 24 and 25, staff appears to be expressing some concern with the methodology utilized by the project architect in attempting to outline alternative interpretations of the CLUP language that refers to "predominant line of development "; goes on to state that staff had developed a method for determining this line in connection with the proposed CLU Implementation Plan; but then states (in the 3rd paragraph on page 25) that "..staff has not prepared an analysis (of this project) using the draft regulations and guidelines... ". Why not? If there are proposed draft regulations and guidelines, would not such an analysis here have been very useful to the Commission (and the City Council) in not only evaluating this project, but also in evaluating the validity and usefulness of the proposed regulations and guidelines? Within the proposed guidelines for bluff development, a methodology was identified using the median distance of development from a representative point or line. Staff measured the extent of development of 7 lots on Carnation Avenue including the project site and the abutting lot on Ocean Blvd. (2495 Ocean) from the front property line. We averaged the extent of the building on 2495 Ocean and the project site as they are not parallel to Carnation Avenue or Ocean Blvd. The median distance from the curb is 83.9 feet and the mean distance is 98.2 feet. Given the uniqueness of the area, the usefulness of the exercise is questionable. The draft guidelines were reviewed by the LCP Committee and no action has been taken since. 7) In the first full paragraph on page 26, the report discusses the possibility of using contour lines of 52 feet (above mean sea level) along the extension of Carnation, and 34 feet along the extension of Ocean Blvd. Exhibit 5 shows where these contours are on a plan view of the existing site, but there is no exhibit showing (in plan view) how the locations of these contours would overlay on the proposed project. Is that something that can be provided at the hearing Thursday evening, so that the Commission could evaluate the resulting difference? The architect prepared an exhibit showing these two contours, which was available at the 2122f7 hearing. 8) The last sentence of the next to last paragraph on page 30 states that "Conditions of approval have been included to ensure compliance with Title 19." But no conditions of any kind have been provided thus far to the Commission, as far as I was able to determine. Did this intend to refer to conditions that will be furnished later in the process? That reference was in error and condition of approval will be provided at the appropriate time. 9) In light of the complexity of the project, it's very deep and horizontally confining excavation, and the rather unique method of access to the garages, I was a little surprised that these considerations did not seem to be addressed at all in the staff report. For instance, if access to 75% of the parking spaces can only be obtained by vehicular elevators, were any problems with this method of access evaluated? For example, drivers using small vehicular Commissioner Eaton's comments on the 2/22/07 staff report and staff responses ® elevators are going to want to drive into them in a forward direction both going into and exiting the building. Were the turnaround areas for all of these parking spaces evaluated for their ability to allow the drivers to enter the spaces from the elevators, and to also exit the parking spaces and enter the elevators in a forward direction? What if there is a backup in the evening rush hour of residents (and guests) desiring to use the elevators at the same time, and where would such a queuing occur - in the street ROW? How will the elevators be secured? How will residents be able to access their vehicles to the street in the event of a power failure? The vehicle elevators are approximately 9.5 feet wide by 19 feet deep which exceeds our residential parking stall size. Vehicles can turn around in the garage levels so they will face forward when exiting the lifts. It is a little tight in the garage, and a few spaces will require several backing movements, but the Traffic Engineer finds that vehicles will be able to safely maneuver in the garage. If both elevators are in use and one wants access to the elevators, one will have to wait. Parking or waiting in the public right -of -way would occur in that instance. There will be a garage door to control access to the elevators but unlike a standard garage, the door won't open when the elevator car is not present. It will operate like an elevator and the applicant indicated to staff that the elevator car will return to the street level when not in use. The applicant plans on a back up power generator such that If the power is out, access will be provided. Please see the 4/5/07 staff report for further information. 10) As another example, with the nearest edge of this very deep excavation being only 5 feet from the street ROW, how and where will the dirt trucks be loaded? Will they have to be in the street? If so, how will the dirt be lifted up to them from the deeper levels of the proposed ® excavation? If there is a queuing of such trucks (and there will be a total of perhaps 3,000+ of them), will this also have to take place an the streets? Why did the environmental assessment and MND fail to discuss in any way whatsoever the traffic impacts of 3,000 round trip dirt truck trips on this area of CDM? (As best I can tell, that would probably mean 6,000 trucks passing through the intersection of PCH /Marguerite, for instance.) Shouldn't the MND have also discussed the air quality impacts of all these truck trips (as well as all the concrete truck trips) on the AQMD daily thresholds, as did the MNDs for the Dover & PCH and the Lennar projects? Will there need to be special mitigation measures or restrictions on such operations during the summer season? n LJ Given the size of the site and the fact that they plan to go down approximately 50 feet vertically, they will need to park the dirt haulers and cement trucks in a portion of the right -of way. Dirt will be brought to the street level by a conveyor or they will need a crane. The revised MND contains additional information on the number of trucks and the need for a construction /parking management plan. The plan will be to conduct the dirt hauling outside of summer months and to maintain the sidewalk in front of the site for pedestrians during the evening hours. 11)The MND notes that there were 11 separate studies produced for this project, and relied upon in the MND. But none of those have been furnished to the Commission. Would not at least the Conceptual Grading Review Report, Water Quality Plan, and Traffic Analysis have been useful to our consideration of the MND and the project? The reports will be made available as soon as possible and they are available to the public at the Planning Department. The water quality plan was revised and submitted on March 27, 2007. D.11y _5_�- General Plan Policies applicable to the AERIE Project. Goal LU 1 - A unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. Policy LU 1.3 Natural Resources Protect the natural setting that contributes to the character and identify of Newport Beach and the sense of place it provides for its residents and visitors. Preserve open space resources, beaches, harbor, parks, bluffs, preserves, and estuaries as visual, recreational and habitat resources. (Imp 1.1) Policy LU 1.6 Public Views Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1) Goal LU 3 - A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. Policy LU 3.7 Natural Resource or Hazardous Areas Require that new development is located and designed to protect areas with high natural resource value and protect residents and visitors from threats to life or property. (Imp 2.1, 6.1) Goal NR 20 - Preservation of significant visual resources. Policy NR 20.1 Enhancement of Significant Resources Protect and, where feasible, enhance significant scenic and visual resources that 'include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points, as shown in Figure NR3. (Imp 2.1) Policy NR 20.2 New Development Requirements Require new development to restore and enhance the visual quality in visually degraded areas, where feasible, and provide view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate. (Imp 20.3) Page 1 of 3 20 -rr� General Plan Policies applicable to the AERIE Project. ® Policy NR 20.3 Public Views Protect and enhance public view corridors from the following roadway segments (shown in Figure NR3), and other locations may be identified in the future: ■ Ocean Boulevard (Note that figure NR3 identifies the intersection of Carnation Avenue and Ocean Boulevard as a "view point." A view point is also shown on the Balboa Peninsula at the east jetty.) Goal NR 22 - Maintain the intensity of development around Newport Bay to be consistent with the unique character and visual scale of Newport Beach. Policy NR 22.1 Regulation of Structure Mass Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. (Imp 2.1) Goal NR 23 - Development respects natural landforms such as coastal bluffs. ® Policy NR 23.1 Maintenance of Natural Topography Preserve cliffs, canyons, bluffs, significant rock outcroppings, and site buildings to minimize alteration of the site's natural topography and preserve the features as a visual resource. (Imp 2.1) Policy NR 23.7 New Development Design and Siting Design and site new development to minimize the removal of native vegetation, preserve rock outcroppings, and protect coastal resources. (Imp 2.1) Goal S 3 - Protection of people and property from the adverse effects of coastal erosion. Policy S 3.9 Shoreline Protection for New Development Require property owners to record a waiver of future shoreline protection for new development during the economic life of the structure (75 years) as a condition of approval of a coastal development permit for new development on a beach or shoreline that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff. Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the Page 2 of 3 p. 121 General Plan Policies applicable to the AERIE Project certification of the LCP, unless a waiver of future shoreline protection was required by a previous coastal development permit. (lmp2.1 Policy S 3.10 Bluff Stabilization Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years), unless an environmentally acceptable design to stabilize the bluff and prevent bluff retreat is devised. (Imp 2.1) Policy S 3.11 New Development Impact on Coastal Erosion Require that applications for new development with the potential to be impacted or impact coastal erosion include slope stability analyses and erosion rate estimates provided by a licensed Certified Engineering Geologist or Geotechnical Engineer. (Imp 7.1) Policy S 3.12 Minimization of Coastal Bluff Recession Require new development adjacent to the edge of coastal bluffs to incorporate drainage improvements, irrigation systems, and/or native or drought- tolerant vegetation into the design to minimize coastal bluff recession. (Imp 7.1) Page 3 of 3 Z Z 11 1 J Exhibit N ®e 10 Comments on the MND from Commissioner Toerge V. I Page left blank intentionally ® Questions of Staff Discuss how the city determines the need for an EIR vs. a MND. Did the City's Environmental Quality Affairs Citizens Advisory Committee review the MND? If so, where is report? If not; why? The CC can request that EQAC review any environmental document, can the PC make such a request? If not, 1 suggest that the PC consider a recommendation to the CC that they have EQAC review the MND. MIND Questions: I. c) Aesthetics Describe how the "Less than Significant Impact" determination was made. Under what circumstances would a determination of "Significant Impact" be found? IX. b) Land Use & Planning: Explain how the "Potentially Significant Impact Unless Mitigation Incorporated" determination was made. XI. b) Noise Describe how the "Less than Significant Impact" determination was made when there is no representation of how the excavation operation will be conducted. Page 22: Aesthetics The staff report and MND suggest that public views will be protected, however, the exhibits presented in the staff report depict the view from the public view site at Carnation and Ocean, however, it does not present graphics to illustrate the status of public views along Ocean Blvd, ® a street designated as a public view street. The view protection must take into consideration the dynamic nature of the view from various points along Ocean Blvd rather than a single point of reference at Carnation and Ocean. C Page 28: Air Quality The MND inadequately addresses the Noise, Air Quality and Water Quality impacts associated with the tremendous amount of excavation and removal to occur on site. With 2,500 to 3,000 truck loads of material to be excavated and removed, together with who knows how many cement trucks and other delivery vehicles, the MND needs much work to address potential mitigation measures such as: How will trucks access the neighborhood and project site? Where will trucks stage while waiting to be filled? Will trucks be allowed to use the public right of way for staging? What is the planned haul route out of CdM? Page 29, Mitigation Measure III -2: Washing down the street is not an acceptable method for controlling the mess created by the hauling operation as doing so will flush the dirt and debris through the storm drain directly into the bay. Another method must be implemented. Page 29, Mitigation Measure 111 -3: When we get to the conditions of approval, delete the last portion of the last sentence so that all diesel powered vehicles and gasoline powered equipment shall be tamed off when not in use. Trucks should turn off their engines as soon as they arrive on -site. (5 minutes is way too long). 7 S Disallow the use of audible signals (horn honks, whistles, beeps, etc.) during the hauling and construction process. CB Radios or other discreet communication devices should be used. Page 29, Mitigation Measure III -4: Delivery of construction equipment is restricted during peak hour traffic periods. They also should be restricted in the early morning (before 7 :00 am) hours. Page 29, Mitigation Measure III -5: Fails to address the parking demand of construction workers in a residential area. Include a Construction Parking Management plan for workers, idle equipment and materials. Page 40, Policies 4.4.1 -1 and 4.4.1 -2: Inadequately addresses the public view along Ocean Blvd. Page 41, FirsLparawaph The first two sentences are misleading and inaccurate. The calculations noted in items 1, 2 and 3 need additional information or references for the reader to confirm the claims made in this paragraph. The proposed development is bayward of the string -line noted in this paragraph. Page 42, Noise a) Construction noise impacts are not permanent; however, the reference to short term construction noise is questioned in that this is not a short term construction project. b) Excessive ground home vibration and noise Without a description of the method to be used to excavate, I cannot conclude that this is a Less Than Significant Impact. Depending on the method proposed, Mitigation Measures may be necessary. Request of Applicant and Presenters: Describe in detail the method of operation and vehicular movements necessary for each resident to utilize the garage, including auto elevators, vehicular circulation to each parking stall, garage assignments and path of travel between each residence and their respective, garage, garage lifts, interior queuing at the elevators and exterior queuing of vehicles arriving to the site and waiting for the vehicle elevators, how are power outages are dealt with. Thoughts: Predominant Line of Development: Pursuant to the applicant's project overview (page 12) the PLD should be gauged against a specified group of structures such as a block of homes on a coastal bluff rendering properties along Bayside Place irrelevant to this guideline. Cite the Ocean Blvd Breakers Drive comparison. As in other projects that have significant excavation, shoring and grading, I recommend a condition of approval that requires the applicant to secure a performance bond ensuring that once the excavation commences, it will be completed in the event of financial trouble. E E E r 1 L_J Exhibit N®. 12 Memorandum from Randy Nichols Page left blank intentionally I/ E To: James Campbell, Senior Planner, City of Newport Beach From: Randy A. Nichols, AICP CC: David Lepo Date: March 30, 2007 Re: Recirculation of AERIE Project Draft IS /MND Not Warranted Section 15073.5 of the State CEQA Guidelines sets forth the requirements for recirculation of a Negative Declaration, prior to adoption by the Lead Agency. As stated therein, "A lead agency is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to Section 15072, but prior to its adoption." A "substantial revision' includes: ® 1. A new, avoidable significant effect is identified and mitigation measures o project revisions must be added to reduce the effect to insignificance, or 2. The proposed mitigation measures or project revisions will not reduce potential effects to less than significant and new measures or project revisions are required. Neither of these two circumstances has occurred as a result of the recent revisions to the Initial Study /Mitigated Negative Declaration, as discussed below. One new impact has been identified, the need to replace the Citys catch basin along Carnation Drive, because the drainage plan has changed to direct all site runoff into that small basin, which does not have sufficient capacity for the additional volume of runoff. That is a minor, not significant impact, because the new catch basin can be constructed along with other site improvements, vdith no significant effects on local traffic or surrounding properties, and no adverse environmental effects that are unique to replacement of a catch basin. Temporary construction traffic, noise and air quality impacts and associated mitigation measures have been clarified through additional information; however, these clarifications did not change the Initial Study conclusion that these effects would be less than significant. Minor revisions to the Project Description have been made to clarify that construction of expanded boat docks must be approved by separate discretionary permit, subsequent to action on this redevelopment/development project. Potential impacts to eel grass and the marine environment will be addressed through subsequent CEQA documentation. This is not a deferral of impact analysis and significance determination; rather, it is recognition of the project entitlement process that separates the docks expansion from the rest of the project. Other revisions made to the IS simply clarify and provide further explanation of less than significant impacts concerning aesthetics, light and glare, noise, water quality and traffic. D.izy It is also important to note (ff this is the case) that no significant issues conceming the adequacy of the Draft IS/MND have been raised during the public review process. No evidence has been introduced to suggest that there would be new significant impacts not identified in the Draft IS /MND, or that impacts identified as less than significant would actually be significant. Recirculation of the Draft IS /MND is not warranted. • Page 2 130 7G C 11 11 Exhibit No. 13 Additional correspondence �J 0-1,31 73 Page left blank intentionally 1J MICHAEL AND JEANIE NIILLIKAN 2222 Channel Road Newport Beach, CA 92661 -1513 March 22, 2007 David Lepo Planning Director 3300 Newport Blvd. Newport Beach, CA 92658 Dear Mr. Lepo: Please be sure to distribute a copy of this letter to all of the Planning Commissioners and City Council members so that they clearly understand that I support the AERIE project. I was the one quoted in the Daily Pilot as opposing the project since it affected my view from across the bay. At that time I received a call from someone who frantically requested that I gather people to fight a project that was destroying the entire hillside to the water. After mobilizing neighbors and attending the first Planning Commission Meeting, I realized that not only did this project respect the hillside, but it was in fact a perfect development for that hillside. I did not speak against the project there, and in fact felt badly that .I even considered opposing the project. I also had the opportunity of meeting the Julians and hearing a bit of their side of the story. After that Planning Commission Meeting, I was invited by the Julians to view the property, see the exhibits fast hand, as well as the scaled model of the property. I also met several neighbors of the project and learned that the Julians had spoken to all of them, and made significant changes to the plans to accommodate the desires and input of the neighbors. I don't think that I have ever found a builder who respected the wishes of the neighbors as much as the Julians. After fully investigating what was being done, I realized that the AERIE project is not only respectful of the hillside, but rather it conforms perfectly to the surroundings. It is exactly what should be built there. Design -wise and architecturally, I feel that the project represents a perfect respect for nature and the surroundings here in the harbor. I can't wait to see that project framed in my living room window. Please approve the AERIE project. We need more projects like this along our shores. Sincerely, Michael Millikan cc: Mayor Steven Rosansky Rick Julian Jeani" e MiLkan' /x.133 75 Mar -27 -07 01 =59P D_ Cord 949- 7.59 -3423 March 22, 2007 David and Betty Cord 2 Canyon Lane Corona del Mar, CA 92625 To the City of Newport Beach Planning Commissioners and City Council, RE: AERIE Proposed Condominium Development My wife and I have lived in Corona del Mar for many years, and have recently become familiar with the proposed condominium project at the north end of Ocean Blvd. and Carnation Ave. This is, by far, the worst possible re- development plan imaginable for this beautiful location. We regularly walk Ocean Blvd., and so enjoy the view liom that area, as you can look down at the bluff, cove and harbor. Anytime we have relatives visiting from out of town, that's one of the best places to get abeautiful photograph. The proposed development seems to be the exact opposite of what the street represents, with its' lovely homes and views, and we're surprised that this project would be allowed at all, especially since it is so much larger than the existing building. We urge the Planning Commission to look at the possibility of reducing the number of condominiums so that the building would not impact the natural environment and public views. 'thank You for your consideration, Sincerely, Vgj x&7t7- l� David and Betty Cord HO-99 MAN 10 910 LODZ a NVW INIVUW430 E)NINNVId At ®3N3038 P.O1 E C9• /��� ® March 23, 2007 Joseph and Lisa Vallejo 2501 Ocean Blvd. Corona del Mar, CA 92625 Newport Beach Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT MAR 27 2007 CITY OF NEWPORT BEACH RE: Condominium development at 201 -207 Carnation Ave., CDM Dear Members of the Planning Commission, We recently e- mailed you a brochure regarding the proposed development for the site at Ocean Blvd. and Carnation Ave., in Corona del Mar. We live at the comer of Ocean and Carnation, on the water side, with the proposed project directly next door, which makes us, by far, the most affected by this development. We have lived here since 1990, and have remodeled our. 1949 home into something that is an asset to the neighborhood. Along with the points in the brochure regarding the California Land Use Plan provisions, we believe that this project will negatively impact ® our neighborhood, and we are unconditionally against it. We have seen the model and feel that it is just "too, much" for this site. Further, other then the Channel Reef which was built in 1962, before there was a definitive land use plan, there is nothing else on Ocean Blvd. as massive and dense as this project, This would never even be considered anywhere else along Ocean Blvd., as it is a major view corridor, and an asset to the city and the many people who come here to enjoy the natural beauty. Shouldn't the fact that this project is "so complex that it will take another.four to five years, or more •to build after flour years of planning, be a red flag that maybe it's not suitable for this area? We hope that upon more intense review, the Commission will realize that this project must be scaled down or denied, and if constructed as planned will do a great disservice to the citizens of Corona del Mar, and the community as a whole. Thank you for your time. Sincerely, Josephand Lisa Vallejo ... P 135 HELP PRESERVE THE COASTAL BLUFF AT CARNATION COVE There is a mossive condominium Comdex Proposed to be built on the bluff lnCoionodel Mar. tnudertobuild the Project the developer mclu es a General Plan Amendment, Zone Change Arnenrdment Coostot Lana {ire Ran Amendment Mod&:allon Pamdt. and Coastal Residential Development Permil. The 74evel, 9 -urdt cormplex will be approximately 75,000 square feet, replacing a structure that Is approximately 20.000 square feet The site located at the comer of Ocean Boulevard and Canation Avenue is so constrairredfhattheonlyway 9 units can be squeezed on the property is through the use of automobile elevators, where you dlveyou car into theetevolor and it takes you and the car down to a 4 -level parking structure. If this project is approved the bluff face will be destroyed, and replaced with multi -level decks and overhangs protiuding tojustabove the water. Thsis an area of puda enjoyment from many places in the city, and most notably, horn the hart o.. Once this bluff is gone. we cannot replace the natural beauty of the .rock formation mat presently exis% Before this is changed forever, fa ourselves. and for future generations, we nwst speak up. NC%V I The project was recerdH presented to the planning convrdstion where a majority of the commissiomrs were In support of the project . ittough it was obvbus That the comet ndly had not been informed. The pudic hearing was continued to April 5th and we reed YOUR SUPPORT I The Califolnla Land Use Plan (CWPI wos winen Please don't be distracted by the Past lostyear oil a gulaellne in duallonssch as riffs argument that the e)lsfing apartment ono marry provIsOnslnCkrde- nnin"krg atiemrim building is an eyesore, and that this of the duff face and keeping development vlsrdty developmentistheonlysotution. Weall comparrJewth the suimardhgarear. Atthismeo know at so mB consists piedotrgnfty. of single family Igmes paint this property will be m we1easlJngthatiNSprgect developed, owntx, t e n way that will 1. BE SCALED DOWN TO MINIMIZE andth o owner, the neighborhood, and the communiryas a while: ALTERATION OF THE BLUFF 2. BE MORE COMPATIBLE WITH THE NEIGHBORHOOD 3. PRESERVE THE PUBLIC VIEW CORRIDOR ALONG OCEAN BOULEVARD This project must be held to the'predamUront Ina of development-=r dords as descrhed In the Coastal land Use Pan. What the planning commission has to Warm is not the truck routes or ddN construction clean -up, but rather whether or not to allow a beautiful public treasure such as tins bluff to be eMloted for econon-Jc incentives. There is no other location in the harbor that has such an opportunity to change our coastline to such an extreme exteni. Shouktnl our civic leaders en onthe side of cros&Mng this well -Wrown and enjoyed scenic landmark? PLEASE ATTEND THE PLANNING COMMISSION PUBLIC NEARING ON THURSDAY, APRIL 5, 2007 AT THE HOUR OF 6:30 p.m. IN THE CITY COUNCIL CHAMBERS (BUILDING A) AT 3300 NEWPORT BOULEVARD, NEWPORTSEACH. FOR INFORMATION CALL THE PLANNING DEPARTMENT AT (949) 644 -3200. LET YOUR VOICE BE HEARD TO SAVE AN IRREPLACEABLE SCENIC RESOURCE OF PUBLIC IMPORTANCE BEFORE IT'S TOO LATEI C 0 P• �3� ® DAVID K. LAMB 815 VIA LIDO SOLID NEWPORT BEACH, CA 92663 949 -833 -1554 EXT. 228 February 22, 2007 Mr. David Lepo Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663 Re: Aerie Development Project in Corona Del Mar Planning Commission Hearing February 22, 2007 Dear Mr. Lepo: I have known Rick Julian for twenty years and have seen many of his developments and rehabilitated residential projects. Mr. Julian does all of his developments in a first class ® manner. He has the talent and foresight to make a spectacular condominium project in this landmark location on the bluff above our harbor entrance. His plans are of the quality that we as Newport Harbor neighbors and boaters will enjoy well into the future. The dynamic plans demonstrate the amount of forethought that has gone into this project. Mr. Julian always uses the best consultant team and this project is no different with his selection of Mr. Jeannette as his architect. My wife and I have been to the old apartment community in the past and go by the location often as we go in and out of the harbor. What is there now is embarrassing to Newport Beach. The Aerie Development will be a beautiful addition to our Harbor entry and we whole heartedly support your approval of the development. Please approve the Aerie Development at the February 22, 2007 Planning Commission meeting. urs tmly David K. amb E a.�3 7 Tax &rin:ancire Group CHARLES K. TURNER, Ph D CA I kmae No. DE4065S FNdNCL%L ADv1SDR February 16, 2007 Richard Julian Advanced Real Estate Services, Inc. 23792 Rockfield Blvd., #100 Lake Forest, CA 92630 Dear Rick: INVESTMENT ADVISOR% SERVICES 1 saw a petition for development of the old Corona Cove apartments land. As a Back Bay resident, I took some interest in it, and have had the opportunity to review the location, overall plans, and renderings for the proposed project. I think we need to be smart about development in Newport Beach, and this seems to me the kind of project we want to encourage. 1 wish you luck, and would be happy to offer any support if that would be of value. Charles Turner 2900 Quedada Newport Beach, CA 92660 4001 MaeAnhur Boulevard, 3' Floor • Newport Beach, CA 92660 a (800) 373 -2177 TDII -Frw m (949) 223 -8100 Main • (949)223 -6101 Fax chucktume rr Amun.eom • (949) 223.8214 Dlreel • Vvsysv.lfmoun.cmn Vlasuvrom Securities& Investment dthisory Services offer ed thraugh Securlarr Flmuxial Services. hx. Ake&er NASalsIPC Wat&n+u & it Raglsrered Invearment Ashisor • rat & Financial Group. an affiliate oJSecurlaa Is Independently operated C E February 9, 2007 Mr. David Lepo, Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 3151 Airway Ave., Suite F -110 Costa Mesa, CA 92626 714.850.1965 Voice 714.850.1592 Fax �.coastkeeper.org RE: "AERIE" Tent. Tract 16882 in Newport Beach Dear Mr. Lepo: Orange County Coastkeeper is a non -profit corporation focused on water quality and healthy marine habitats. Our mission is to protect and preserve our marine habitats and watersheds through education, advocacy, restoration and enforcement. One of our programs is to constructively work with the development community to review and make recommendations on proposed water quality management plans of specific development projects. This effort is to ensure that new development projects embrace state -of -the -art ® technologies, design, and management to eliminate polluted runoff from discharging off the project property. l J Coastkeeper has reviewed the water quality management plan for the AERIE project (Tent. Tract map 16682) and have met with the applicants on several occasions. The project proposes to install media filters to remove trash, grease, oils, and metals. We have made a recommendation to add a technology to the water quality plan. Though we realize current regulations do not require it, we recommend technology, such as AbTech's "Smart Sponge", that will remove approximately 90% of the bacteria from the discharge. Coastkeeper believes this to be important since the project discharges directly into the harbor. The applicant has agreed with our recommendation to install this type of technology. Coastkeeper endorses the proposed water quality management plan for the AERIE project. When completed, the water quality management plan will be state -of -the -art and exceed regulatory standards. It is our opinion that the water quality of the runoff discharge into the harbor will be significantly unproved over the current runoff condition from this property. February 14, 2007 Lloyd `Bud' and Linda Rasner 2500 Ocean Blvd. Corona del Mar, CA 92625 Mr. David Lepo Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: —Aerie Development Dear Mr. Lepo, We live at the corner or Ocean and Carnation. Arguably our home is potentially the most affected of all residences by this development. Mr. Julian as owner of the project has been very forthright with and responsive to our concerns. His outreach to the neighborhood has been admirable and congenial. We unconditionally support the project and have seen the plans on a continuing basis since the project was conceived years ago. The recent model confirms our approval decision. The existing building has been an eyesore for the 35 years that we have lived in Corona del Mar. Of course we expect some impact from construction but that would happen under any development. I am certain that this project will be considerate to the neighborhood and to the greatest extent possible mitigated to cause the least impact. We earnestly endorse the project and encourage you to support it as well. The view from the comer and water will see a first class endeavor. Thank you in advance for your consideration in this matter. Sincerely, D —& Linda Rosner n L_J rj. / y0 ® IKENT S. MOORE 210 CARNATION AVENUE CORONA DEE NEAR. CALIFORNIA 92626 6 TEL: (949) 073-7692 FAX: (949) 673-7699 entmoore ®wor1dnel.al1.ae( February 14, 2007 Newport Beach Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Aerie Project, 201, 205 & 207 Carnation Ave., CDM Dear Members of the Planning Commission: I am writing in support of Mr. Rick Julian and his proposed project at the site of the old Corona Cove Apartments located at the comer of Ocean Blvd. and Carnation Ave. in Corona del Mar. ® I have owned property across the street from this location since 1975 and have seen several building projects undertaken in our neighborhood over the years, some good and some bad. In reviewing Mr. Julian's plans it is obvious that he is attempting to create a world class residential development at this beautiful and scenic location above the harbor entrance. He has also gone out of his way to get to know the local property owners and outline his project plans for them. I have spoken with many of my neighbors who favor the current plan which is now before you for approval. I hope that, upon careful review, the Commission will also come to realize that the adoption of the Aerie Condominiums plan will be a win -win situation for this neighborhood and will enhance life for both residents and visitors in this very unique comer of Newport Beach. Sincerely, / U D. FYI Implants �J William L. Mihram, D.D.S., M.S.D. I -� ",Z o7 coro'la ZIe( �1�/, i� Ck k-\ .ps AP 01 ��cZl�n enf c a rr ®� n 7-A W1 l (I L' ce n a -'7 it -2 o u al f� 0. lt� ,CS uJe GtGl� .Q v s Santa Ana - Tustin Medical Center 801 N. Tustin Avenue Suite 708 Santa Ana; California 92705 714 -558 -1137 FAX 714 -558 -1459 (/-t Y� sceC Ct C.�i 1-r)Lf n / h J 650.'. D.�yz PAS Feb 21 07 07:I1p Jennings Pierce 949 646 5007 Karen A_V.Pierce 2772 Bayshore Drive Newport Beach, CA 92663 Cellular (949) 795 -4829 Fax (949) 646 -5007 ladybond2@hotmail.com February 21, 2107 To Whom It May Concern I have lived in Newport Beach and Corona del Mar for sixteen years and I am writing to express my support of the proposed redevelopment of the former Corona Cove Apartments and adjacent single family dwellings located on Carnation Avenue in Corona del Mar. Rick Julian, through his company Advanced Real Estate Services, is proposing to !wild a new residential development, to be known as Aerie, located on the bluffs of Newport Harbor. For as long as I have resided in Newport Beach and Corona del Mar, the apartment building at this location has been has been a run -down, dilapidated eyesore. It sits at the end of the street with breathtaking views of Newport Beach, Newport Harbor and the ocean. However, despite this commanding location, the building, the community areas, and the boat dock has always been in disrepair and neglect. Over the years, it has deteriorated so significantly that renovation is no longer a viable option I have reviewed the blueprints and artist renderings of the proposed new development and I am extremely impressed at the caliber of the new architectural design It will simply be a jewel on the bluff as one views it from the ocean and Newport Harbor, as well as from Ocean Blvd. and Carnation Avenue. By this letter, I wish to convey my complete support of the proposed Aerie development. I believe it will be a stunning world class residential development. Sincerely, % A . ?, erc Karen A. Pierce P. 1 p. /y� 3(0 11 n LJ 11 11 E Page 1 of I Robb Cerruti From: Tim Newman [tlnewman1954 @hotmail.comj Sent: Friday, February 16, 2007 2:25 PM To: dlepo@ city. newport- beach.ca.us;jcole @city.newport- beach.ca.us Subject: 201 -207 Carnation Ave, Corona del Mar Chairman Cole and Members of the Planning Commission, Please allow this message to serve as our endorsement and support for the project at 210 -207 Carnation Ave., Corona del Mar. As long -time local residents, to us this is certainly is a positive development for the neighborhood and for the community. With an established local architect, an excellent design, and a top -notch builder, this is a great opportunity for this site. Thank you for your consideration. Sincerely, Tim and Christina Newman 949- 760 -0994 528 Cancha Newport Beach, CA 92660 P -1q 5 2/16/2007 ty Ralph W. and Karen R. Spargo 26 Sandy Cove Newport Coast, CA 92657' February 16, 2007 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Honorable Commissioners: As 30 year residents of the City of Newport Beach (6 of which were spent 4 blocks away from the proposed project) we would like to heartily endorse the approval of the AERIE development plans in the 200 block of Carnation Avenue. We have reviewed the plans that have been prepared by Advanced Real Estate Services and believe that the concept will be a unique response to a very challenging site and will provide a source of pride for the surrounding neighborhood and the community as a whole. Again, we sincerely hope that through your careful evaluation of the proposed project that you will approve the AERIE submittal. �P.- _ Ralph W. Spargo I Karen R. Spargo D -ly(O ® Ron and Marsha Beard 3208 Ocean Blvd Corona Del Mar, CA Feb 13, 2007 RE: former Corona Cove Apartments to be replaced w/ 9 single family attached homes To the City of Newport Beach Planning Commissioners and / or City Council, I have met w/ Rick Julian several times regarding the subject development as there was a time when I was a potentially interested purchaser of a unit. I must tell you that I absolutely love the plan! Clearly, there has been so much time, effort, and thought put into it. i think it's a great addition to our neighborhood, and- I think it's in character for the neighborhood. I believe that the team of architects and designers on this project as well as the developer has really placed a tremendous amount of architectural features and beauty into the project I believe that the development will be very attractive from the street, and it will be even more beautiful from the water. We live in a world class area, and we are getting a world class development on this site. is I strongly endorse the project, and I hope that you do as well. Res Ronald P. Beard n U February 16, 2007 RE: Proposed redevelopment of the former Corona Cove Apartments (201, 205, and 207 Carnation Ave, CDM) To the City of Newport Beach Planning Commissioners and/or City Council, I am writing this letter in support of the proposed AERIE redevelopment project at the aforementioned address. As an immediate neighbor and boat owner who regularly views this property from the street as well as the harbor, I can honestly say the redevelopment will be aesthetically pleasing from all angles. I have reviewed the plans with Rick Julian and Robb Cerruti, and after viewing a model of the structure I believe everyone in the neighborhood will benefit from this redevelopment. The existing structure is unattractive and doesn't blend with the other amazing homes in the neighborhood. The designer and architect behind this project have a clear understanding of how beautiful oceanfront Corona Del Mar should look. I am sure that the AERIE project will draw praise and support from almost all of its audience. As a neighbor and proud member of this community, I completely support and endorse this project. Thank you for your time. Best regards, WO- Mitch McCoy 2600 Bayside Dr Corona Del Mar, CA 92625 E 11 r February 14, 2007 Grant Sadler 207 Carnation Avenue Corona del Mar, CA 92625 Mr. David Lepo Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Former Corona Cove Apartments/planned 9 Single Family Attached Homes Tract 16882 —Aerie Development Dear Mr. Lepo, I am very familiar with Rick Julean's development since I live on the properly now and have seen and reviewed the plans. ® The careful and thorough planning is very impressive. In addition; Rick has used fast class architects and designers. The project will be fantastic and enhance the neighbor hood from the street, the homes themselves and also from the water. I enthusiastically endorse the project and encourage you to support it as well. Thank you for your consideration in this matter. E o./yy Jeffrey H. Hopkins 2725 Bungalow Place Corona Del Mar, CA 92673 2/15/07 Sent via e- mail . Re: AERIE Proposed Development February 22, 2007 hearing Dear Members of the Planning Commission: I send this letter in strong support for the AERIE Development ( "Project "). My wife and I live in Corona Del Mar and I was bom and raised in Corona Del Mar and in fact grew up going to the beach, just a few hundred feet from the Project. As it stands, if the Project is approved, due to the complexity of this project, is still several years out of being completed Denying the Project by contrast, will force the developer to go back to the drawing board which will, at best, delay the Project for another 45 years or more and, at worst, prevent its construction altogether. Either of these latter scenarios would do a great disservice to the citizens of Corona Del Mar generally, and the homeowners located near the project specifically. I have been tracking the history of the re- development of the Project for well over four years. This not about land use or zoning. This project is about a re- development of a blighted and dilapidated apartments and single family dwelling units that are being re- developed into one of the most premier developments along the cost and harbor. In addition to the foregoing research, I attended a meeting in with the Project's developers and architects as well as with some of the local homeowners within the area. All involved were very open about the details of the Project and candidly answered all questions posed to them. After reviewing the plans for the Project and participating in the question and answer session, I fully support the Project and strongly urge the Planning Commission to approve it without delay. In closing, I had high expectations for the Project before I saw the detailed design drawings. The Project, as proposed, exceeds those expectations. The developer and City staff have done an outstanding job. I ask that you please approve the Project; it will be a welcome addition to our community. Th@nk you for your time. H. D. l50 C February 16, 2007 RE: Former Corona Cove Apartmemts to be replaced with nine single family attached homes To the City of Newport Beach Planning Commissioners and/or City Council: I have has the opportunity to meet with Mr. Julian and review the subject site to be redeveloped, formerly known as the Corona Cove Apartments. I am thoroughly impressed with the floor plan design, architecture and overall beauty ® of this project. In my opinion, the approval of the redevelopment will enhance the aesthetic beauty from the street and the water, thus increasing the property values in the area. 1 am an avid boater and am extremely familiar with the lack of waterfront homes with dock space in Newport Harbor, to which Mr. Julian's project will also contribute. Corona del Mar is a beautiful place to live... the approval of this redevelopment will only make it better. I strongly endorse the approval for this incredible project! Sincerely, Paul Root 2600 BAYSIDE DRIVE l CORONA. DEL MAR I CA 1 92625 9.151 / J Newport Beach Planning Commission Newport Beach, California February 19, 2007 Dear Planning Commissioners: We have been residents of Corona del Mar for more than 35 years and are in full support of building the planned 9- single family attached homes proposed for the property at 201, 205 & 207 Carnation Avenue in Corona del Mar. Respectfully Submitted, Wade & Jan Roberts 606 Dahlia Avenue Corona del Mar CJ �.15� INL Dr. Lawrence Brown 1501 Superior #304 Newport Beach, Ca 92663 February 17, 2007 To Whom It May Concern; I am a resident of Newport Beach and have been following the development of this exquisite hilltop. After reviewing the plans, Aerie seems to be the perfect plan. I know that the neighbors have all been taken into consideration and all seem to approve this project. Pease approve this project as many of the residents, including myself, have already done. Respect;Lesl� , 't ® - Dr. L awrence Bro 11 x.153 Tax& Financial Group CHARLES K. TURNER, PhD CA License No. OE40655 FINANCIAL ADVISOR February 16, 2007 Richard Julian Advanced Real Estate Services, Inc. 23792 Rockfield Blvd., # 100 Lake Forest, CA 92630 Dear Rick: INVESTMENT ADVISORY. SERVICES I saw a petition for development of the old Corona Cove apartments land- As a Back Bay resident, I took some interest in it, and have had the opportunity to review the location, overall plans, and renderings for the proposed project I think we need to be smart about development in Newport Beach, and this seems to me the kind of project we want to encourage. I wish you luck, and would be happy to offer any support if that would be of value. (mk� Charles Turner 2900 Quedada Newport Beach, CA 92660 4001 MacArthur Boulevard, 3t° Floor a Newport Bcach, CA 92660 a (800) 373 -2177 Toll -Free a (949) 223 -8100 Main • (949) 223 -8101 Fax chuck.turnerOORroun.com a (949) 223 -8214 Direct a www.tfgrouv.com wESUFPORT Securities & Investment Advisory Services offered through Securion Financial Services, Inc., Member NASLUSIPC W u@Ytr ". �.,. & A Registered Investment Advisor a T= & Financial Group, an affiliate of Securiarc is independently operated —t o o. r sy C Wendy Webb 115 Via Genoa Newport Beach, Ca 92663 February 17, 2007 To Whom It May Concern: I am a Realtor living in Newport Beach and have been concerned with how this exquisite hilltop will be developed. After reviewing the plans, Aerie seems to be the perfect plan for this opening to our harbor. I know that the neighbors have all been taken into consideration and all seem to approve this project. Newport Beach needs to move into the fast class arena and I believe this project is a fabulous beginning. Please approve this project as many of the residents, including myself, have already done ® Respectfully, Wendy Webb E r D• l 5S AERIE PETITION This Petition is.in regard to the. proposed redevelopment of the farmer Corona Cove Apartments and single family dwellang located at 201, 209 & 207 Carnation Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single-family attached homes. I am suppoiti .g:tliis development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Co'nWi Commission, I am supporting this:development. Property Address: ip2/1I? ate: /G -...., Print Name: 4 • 7_7'/%4 / qI r Print-Namdr Signature: Signature; Ptop erty Address. /nilc -- Date:')=q -O7 Print Name: T� Print Name: Signat�. 7 "�-� Signature. ,r Property Address: M 0mg.3 CW,P Dater M -01 Print Names Signature: Print Name: (. C Signatuf Print Name Sigtuatute..� Property Address: Print Name: _ Signature: Property Address: Print Name: _ Signature: _ l Print Natne: Signature. Print Name: Signature: Print Name: Signature: Date:: Date: Date: AERIE PETITION 77us Peddon is an regard to the proposed redevelopment of the former Corona CoveAparsments and single jhw&T dwelling located at 201,205 & 207 Camadvn Avenue, Corona del Mar, Califomia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single -family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coas'ta7 Commission. I am supporting t14-development. Property Address: MM iignature: hoperty Address: ?rintName:�l(liO signature: J' pL � 'roperty Address: 'tint Name: �igClatuIC: Ci v riDa'Ee l Q� PropettyAddcess -:a �i�'1,��t7r Date:�e Pant Namet' Ptmt Name b��5 �� G` Sigva4Aiie' ° Sigaatureflr Print Name: Signatures: Date: Property Address: Print Name: _ Signature: Property Address: Print Name: _ Signature: Date: Print Name: Signature: Date: Print Name: Signature: "RM PEMION MsPeddoa Is in rqg"d.;q.;h; proposed mdcvdopmcnt of the farmer Corona Cove Aparavents and siagiefarnfivdweNug located i4A!,205&207Cawad6n Avenue, Camna dc]A&r, CdMzn& I have reviewed the proposed development made by Advanced Red Estate Services, Inc. for the above referenced property that incotporatee 9 single- family attached homes. I am supporml.g'" development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California C6aiiACommxssion. 01. i.r. "I V pjji!j.--7T MI 2L 11 4• b Property Addre,",- Date: P#nfN=iL-' Pj= N2M= .... ..... 77 Property Address: . '. '. Data — MM�H Print Name. Print Name: Sigaafttre ftnawre., Ngn= Print Name: attire: — Property Add== Print Name: Signature: sipalftlw- Print Name: s4natum. 0Z AERIE PETITION Ms Peddan is is regard to the .proposed redevelopment of the farther Corona Cove Apartments and single family dwelling located at M,, 205 & 207 Camadon Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single- family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach. and California .Coastal; Commission. I am supporting this m development/Jy -� 'petty Address: t R / /Q Propetry.Addcess: '" Date: 'tint N Print Names ... Print Name .......: > . Prior Name: _.. aura: i4ti3e: Signature: 5ignatrtte: mac 3j/ t 3�3 C��_2�iI'�Ti7y11t�t.� � i3. na L e ui Ptiat A'aar iM5r" Wre LA-iJ rapetty Address: -rintNatne: TA 4'A GlwriD A14 Print Name: dyJV I Signature. U� Property Address: Print Name Signature: — Property Address: Print Name: Signature: _ Date: Print Name: Signature: Date: Print Name Signature: -A_ERIE PETITION This Petition is in regard to the proposed redevelopment of the former Corona Cove Apartments and single family dweMng located at 201,205 & 207 Camadon Avenue, Corona del Mar, CaUforctia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single-family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach anc California Coastal Commission. I am supporting this.iddy.elopment. Property Address; Pt A,4 Date: nn emu_ PrintNeinell Print NM 6::: 4iA-4: Signature: -7 S Property Address: Date: Print Name : riat Name: Signature: Signature: Property Address: -10 SAVON ----Date; 0 0 Print N _r. A 9J t Mum: Signa Signature: Property Address: 52?4:�& -'.Date: /4i V,-T 4e- Property Address: -Date:1-L/0-7 T-7- Print Name; _4�4. Pidat Name: Signature,g, 47)Vj�ignatuxe; ,1� I , ­I r: c� r'r' °rs; -: .°row ,•...- s "°•.r -WPM I ✓. r' "r .. .':.. 4r •r °r+ I = supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal Commission. 116 O'nNTI, �,.* Y - print Nsme.•!lmo7"!i SM Print Nun. �", °►' �'t1v�E -a/ Fail -�ylp prod Signature: signatum Punt Name: Ptope Addtem: '1•S (6 0CC*t-j `l �_2 Duc 7 prop Aadtess: Paint Natam TQ e-T?Z1 Print Nsme(1 •�j * D Ptiat Nmne: _!4 47'1°Goo�r� PwpergAd& as: AO/ 6V ra 4„d� �� to a� v y PmpertyAddtess: print Nzrne A' �A` print Name Pest Name _ S tote: Signature — b Faint Name: $ignatum Print Name: sigaau= print Name: signatuae: Date! Hate; Date 411,111 1A t ...... .... . u rmi'C- . I - *qwmm mwl ;4 Adu=oW:W bum -SwrWro, 4M. C k6jbdRm WAWwA FMP*ftf dw bT 6@1104 cazwkwm pmBoxib �p"VE*-ma*w -07 Pmpmbn C WA§r. ftftakm �!a� somopm Faw mnm lmvz'el asses;...; vmm N " � 11--. MI. -AERIE PETITION MsPeddon is in regard to the proposed redevelopment of the former Corona Cove Apartments and single family dwelling located at 201,205&207Carnation Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced prop" that incorporates 9 single-family attached homes. I am supporting this development conditioned upon the developer satisfy* reasonable requirements by the City of Newport Beach ant California Coastal Commission. I am supporting this : 4ey.4?pment Propert7Addre98_.K!S'f,,.'1 QeZE4V QLV , : 1 not N Print Name ZA4 not ,I.. I t I e: ... .. rL I Property Address:hoaa ee I l 'W.�V Pate: eop)_ r-7 Print Name: Name: Signature: Signatur CN Date: signature-J tur e. Proi3etty Address: Date:I Property Address: Date: Print Name: Print Name: Signature: Signature: AERIE PETITION This Petition is in regard to the proposed redevelopment of the fanner Corona Cove Apartments aad single family dweMng located at 201, 209 & 207 Carnation Avenue, Corona delMar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single-family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach anc California Coastal Commission. I am supporting this 4development. Property Address; Property Ads .1toss. - Date: PtintNarngt-(5;f Pnt,Ngole: -ik' Print ii raw 2 Signatjjr� .... .. Signatt ire: 46 "natlare _7 .... 7 J. . . Property Adfir q1 .0 107'� a. Property Address: -Date: Print Name: Print Name: Signature: Property Address: Q5_11 AS4Vet-_J — Date: V(—,L-Ycft% Property Address: 06� -1Z Print Name: Signature: Print Name: Signature: Print Name: Signature: Date: 051171 AERIE PETI'T'ION This Peddon 19 in regard to the proposed redevelopment of the former Corona Cove Apartments and single family dwelling located at 201,205 & 207 Carnation Avenue, Corona de/Mar, California. I have reviewed the proposed development made by Advanced heal Estate Services, Inc. for the above referenced property that incorporates 9 single -family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach anc California Coastal Commission. IN I am supporting this d;eyelopment Property Address: �^� cXC��2 �Q� _ pate/ D S Ptopertp Address+' Pont Name:7on r1 jeQ Qt{� it �T tint Nader:. yo- kh�4 Pant Name. Signature. Signature Signature Property Address: 29—' 12. o GPI. i. '$ V �' ' Date: Property Address: �S Print Name: 4a 62 cq Print Name: ?tint Name: Signature: Signature: Signature: Property Address: C Date: l .6105 Property Address: Print Name: �� 1 Signa e: Print Nam Signature: Print Name: Signature: Print Name: Print Name: Signature: Date: Date: 1111-6 `6V AERIE PETITION This Petition is in zvgwW to the proposed redevelopment of the JbnnerCorona Cove Apartments and single family dwelling located at 204205&207Camadon Avenue, Corona de/Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced prop" that incorporates 9 single-family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach any California Coastal Commission. I am supporting this development N: Property Address-.. _921 Pi Print Name. 6WPAY pi Siguatur Signature: Property Address: 1tv. Print Name; =t Name: Signature. oca"', PidatName; Date: N ( 9 Property Add ress: 2 -..Date: Print Name: Ske; It, P0.5S "CLL- Print Name: Signature A.i:9e.�9nature: Property Address:. - 117 4rd J?q L Date: Property Address: Date: Print Nsm is R/1 1 01418% tName; Print Name: Print Name: Z' Signature: " 0'U loe*. Signature: Signature-. 017 CL W LL E IL N Lo O .m. tn LL. OT -ill'-,-"' j 71W�Mllrl I, 714711M 2. 1-17 777,77,76,,A'��� F.M.W MI �RommirV.9m pmpeq M&CM Dam Pxht Nwm PAOtN=z hint Nxble FtintNm Date: PzbitNmnr hapaq Ad&em PftNo=. PhaNw= Nut N=v. a4matue. A 'ERIE PETITION zz, ko�AO:idatX4 209&207Ckmadon Avenue.. Coro= d4rJA* Caffon2& I have =viewed the proposed development made by Advanced Red Estate Services, Inc. for the above referenced property that incorporates 9 single- family attached homes. LOT; I am supporting this development ptop,:,VAd&,,,: 2600 54f3tr>a C4 Dam Print Name Property Address: Date: Print Name: Print Nn= — Sigamm Signature: PropertyAdc1rem- Print N=M Print Nainc. Datr. — Irr Property Address: Print Nara= Print N&m=— SignaLr Signatare- PwperLy Address: Print Name Print Name: Signstxw. Signstam: — Property Address: Print Name: Print Name: Signature: Signature: IM Date: Dltf-. — FF—M AERMPETITION r. I have reviewed the proposed , devdoPmmt made by Advatmed Reg Estate Services, erty incorpotateOp Inc for the above referenced prop that �'�.fiw*amched homes, ent conditioned upon the developer satisfying reamrable req=ements by the Q tY of Newport Beach and ab j• 8fII 0 Date- T T, .4 -&L Property Addresai Date: Print Nam= Name: Property A ddms; Date. Print Nam= PxiiztNu= Property Address: te Print Name: Print Nam S%naltum. PropertyAddmo: Date. Print Name: Print Nt=c S*&tU= a Pmpeety Addteek Date Pdu Naeo: Pmxt No= P.wped9 mace: a PitNl= Pz�tNama Q PmpettyAdam r. Dace, Psiat Name: Pleat Namc PtoputyAddmae: — —Date Print Name Peiu Fume: 943mum pmpmVAdbm Bate PAtNIMC Not Nome: staRom AERIE PETITION This Petition is in regard to the proposed redevelopment of the former Corona Cove Apartments and single family dwaffLIg locatedar 201,205 & 207 Causation Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single-family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach anc California Coastal Commission. I am supporting this :development PtOPertY&d-&ess- ';)l '&- Property Address: Da f e: PxintNanxe: :Print Name:. Signature: MQ '`°= l -.Mw- Iff Signature: Property Address: . Date: Print Name: Signature: Print Name: Signature: Property Date; Peat Name Pzint.Name: Signature-..... . ........ ..... . ture Property Address: 7 17' Print Name: Print Name: Signature. Signature: Property Address: Date: Print Name: Print Name: Signature. Signature: AERIE PETITION This Petition ism regard to the proposed redevelopmen t of the former Corona Cove Apartments and single fan2dy dwelling located at 201, 205 & 207 Camadon Avenue, Corona de/Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single- family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach anc California Coastal Commission. am supporting this development -- i Property Address: ri �� ,� X3ate Property Adiizess i (y 9 y eA Date:11'4• 0S� Priat Name s 3 :.. L1S0 WA Pant Name Pant N�tnel. Punt Name: SYgna M §lgnahite Slgna r, au�, aatSrre Property Address: IEt�rLT �0c, ,, pater " Property Address 1fSU/� G�NUA. Date: Print Name: Zc�0 CcL e: Print Name: Name: Signature: Signature: Signa ature: Property Address: cf �CEI 'S �'ti� C Date: dtl d S Property Address: Dat - JI -G'ji Print Name: 7 Print Name: Print Name: Als*'Print Name. a Signature: Signature: Sign ur _ gnattue: b AERIE PETITION ION 77dopetit =19 jb AWwd to dwpn7puwcdzvdemkpn=t of &c comer coming are Aparmunts and single buw7f dwcfibrg ,(Di7t ced at 2 Z 205& 2A7 C!awadon Avmue, COt wa cid Mary CafiOm& :1 YI U • 1 1 1 11 � S • • 11 w • 1'. 1 t • {I. ,• I. 1 -1 L 11 ' 1 > • 1 L :. l : 1 � •�" • 1 ' 1 1 11 1 G 1 1 •1 1. • ] • • i 1 � . •1 '1 1 • 11 11 •1 • 1 1 sml svpotdng tills devdopmmt. ... � . his. � ► � , - Pratt Nemk- V§V 9Wr— Pant Name Sigaatatet ' Siamtarmt _ a. PdntName: _,•_ Propetty Addms: Pant Nam= _,T, 0 v w Print Nan= L&M, Print Ns=m Pmpetty Addce= Date: Print Nam= Print Namc Sigaatatet Sk=taec P» nt Neale: Print Naate: =1 Print Namc: Print Namc Date a. C. It If *k4-1 r3-,7.r. r, rrmw I T-n I R-11T, TP-7, (.T pdgNa=l hiaNmv- awlatmm P=pcdyAddtcw Data Pant Name PtiatNw=— PmpedyAdd=L- —mtm_ Print Name Print Name PjibtNw= Not Nam®: Psoper[yAddma: DOB. — PAMtN== 17M-nz TA& Petition is in regard to the proposed redevelopment of the former Corona Cove Apartments and singie faartly dwepiV located at 214 205 dt 209 Carnation Avenue, Corona defMat, Cafifonaia. I have reviewed the proposed development made by Advanced heal Estate Services, Inc. for the above referenced property that incorporates 9 single- family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal Commission. I am supporting . development . • MWA,70 IM Date: Print Name: Print Name: Signature: signature: Property Address: Date print Name: Signature: J N Print Nerve: Signature: Print Name: Signature: Print Name: Signature: Date: Property Address: Date: Print Name: Print Name: Signature: Signature: Property Address: Date: Print Name: Print Name Signatum: Signature: AERIE PETITION This Petition is an tegand to d2e proposed redevelopment of the former Corona Cove Aparanems and single famil7 dwelling located at 201, 205 & 207 Camadon Avenue, Corona del Mar, Califomia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single- family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coasiil�Commission. I am supporting this -development. r- , roperty Address: ll U� rf y�,�/ Da'te:7 Pmpetty Address: �7 Date:G��• 4m: Name Olil t /P ' .yl Print Name Print No,=, • . Priest Name: igna signafiriee; t,v Ades: imperty Date:9Jw -J tint Name: 11 i}Y jin G1ar k�. print Name: ignature• (/� Signature. mperty Address: 57 k UkLj&c CL49 Date: p% Tint Name: O 1 Priest Name: Signature: Signature: .2-'2o .d'7 Property Address Date: Print Name: 4N Ct t< � Print Name: Signa Signature: Property Address: (10 i V ;t7t� Date: Print Namc s�a"+� Print Name: Signature: Signature: . AERIE PETITI ®N This Pennon is in regard to; ebeprioposed redevelopment of the former Corona CoveApar7rneots and single famfly dwelling located at 201, 205 & 207 Carnadon Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 singe- family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal Commission. I am supporting this development 'ropertyAddress: nn W Date:�Q ., Prop" Address.' U%l[daZL Pl C�MDate:d% rintName : PnntName:}ri Print Name: ignatute: `` o Signatture:` Signature: Signatum 'ropertyAddmss:l9Si i61T IAf40 h iU —Date: Z) /on Property Address:_ i (B —LU I Dated tint Name: act Sb�i -Q 0 roperty Address: l t t�d 1 W,J tint Name: 'DA AJLO- S L- 'rt-wq ignature: J Print Name: Print Name: f�k �% Print Name: fX Signature: Signature: "'"� Signature: /l Date: Z Zo .0 + Property Address; Print Name: Print Name: 'sOL Print Name: Signature: Signature.. Signature; Date: j46-1007 AEAtIE PETITION This petition is. za regard to,.thepxoposcdtedevelopment of the former Corona Cone Apartments and single family diveff located at201, 205 & 207 Carnation Avenue, Corona del Mar, CaMfornia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single - family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal Commission. I am supporting tb``is- development`;/ n ` 'topertyAddress: l �� U� �+\ r:Date: ` n t 'tint Name: PrintNamE:' 'ignature: Siwaiiire:. ' topertp M roperty, Address: rint Name: Q Print Name: Signatute: Dater Pmpesty.Add=eas: �. S �GZt Q Date: Print. Name. - i C lqrl% :. Pirint Name: Signature: Signature: Property Address: 1��1 \Ori"�i IRV���1� Date"Z a o Print Names v Print Namr. Signature Signature: Property Address: Date: Signature: Print Name: Signature: j AERIE PETITION This Petition is in aega d:(o tbeproposed redevdOpment of the former Corona Cove Apartments and single family dweBi b located ar 201, 205 & 207 Carnation Avenue, Corona del Mar, CaMfomia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single - family attached homes. I am supporting:tliis development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California GoastalComtnission. I am supporting this-development toperty Address: 'rint Name: j('Vrs to s .,t PriatNaniei` F—�'�� f1 tr (� l✓ iguatute: Signature:" roperty Address. ! �1 1 1 i' Date: rint Name:. f% allm:` Print Name: ignatuw'.�aA&jj�� Signature: roperty Address: _ � � j V_ I QiS/ m nl T Date: �' � 0+ dnt Natne \ `I� Print Name: Ignature- Signaum. Q Property;;Addtess: Print Natne :.. . . . . :.:.... - % Print Name: Signature: Signature: Date: Property Address: Date: Print Name: ' Print Natne: Signature: Signature: Property Address: Date: Print Name: Signature: Print Name: Signature: AERIE PETITI ®N r � 779s Peddon is in regaW to the prqposedredevvlqpment of the fozmer Corona Cope Apartments and single f=iFy dwelling located at 2111, 205 &W Carnation Avenue, Corona del Mar, Calffvrnia. 1 have reviewed the proposed development made by Advanced Real Estate Services, Inc, for the above referenced property that incorporates 9 single -family attached homes. I am supporting this• development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coasia%Commission. I am supporting this development 'toperty Address: Pro . _2w+ a✓t ae Date. 'riot Name: czicA Pdnt Nam;c " — RdntNam .: a ..., tint Name: ignature S Signature: Signature: roperty Address: Date: Property Address: Date: tint Name: Print Name. Print Name: ignatute Sigmtute Signature: _ roperty Address: Date: Property Address: tint Name: Print Name: _ _ _ _ _ Print Name: _ _ ignatute• Signature• Signature: - Q ; A. Print Name: Signature: Date: Print Name: Signature: I I. SUPPOtt6g thk devtloptUnt. PXW Nam* t Nan* S*Atum Daft Pzibt N=40 Ps*t 40 I. Nan* ftt&. jj • I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single - family attached hotnes. I am Supporting this dde�evv�e�lopment conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and t�.Alifomis Coastal Commission. _ Properq Addmr. • rte I ,y print Date: Peat Name: S: Data PtopedyAddeesa: Date Ptat Name: Print Name: print Name: PtopertyAddrm: Staab= Siganwre f WAMWM - Sivatum. Date property Addxrms Date Print Name: Print Name Peat Na=: Signaaetc Sigaatute:, Signatarer- b N Print Name: sipatutc M-0—kOw WE AERIE PETITION YWs Petition is in regard to the proposed redevelopment of the former Corona Cove Apartments and single faffXydwelling located at 201,209 & 207 Carnation Avenue, Corona deJMar, Caffonzia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single-family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach anc California Coastal Commission. I am sunnorfirip, this development. Property Address: F Print Name: KhtL_UA*WO N Signature- t- Signature Property Address: Date: Print Name: Signature: Property Address: Print Name: 3ignature.. Print Name:. Signature: Date: Print Name: Signature: Date: Print Name: Signature. Property Address: Print Naray. Print Name: Signature: Date: Print Name: Signatate• Signature- Pratt Niffi6.. Pant Name: Signatum: 15Qjuaruiv. X13 d. Z.- Property Address: .7: Pate: Print Name: Signature. Property Address: Print Naray. Print Name: Signature: Date: Print Name: Signatate• Signature- i� AERIE PETITION This Petition is M seganf to the ptpposed redevelopanent of the former Corona Cove Aparmants and single family dwe!ltng located at 201, 205 & 207 Camadon Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single- family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal Commission. I am supporting this development 'riot Name: ignatute: toperty Address: Print Name: ignatum: _ Punt Name: Date: Signatute: Date: Print Name Signature: Property. Address: hint Name:, Print Name: Signature' Signature: Pzopetty Address:. Print Name: Signature: Property Address: Print Name: Signature: Date: Date: Print Name: Signature: Date: Print Name: Signature: U AERIE PETITION 7WS Peddon is is riegatd to the proposed redevelopment of the former Corona Cove Aparrmeate and &Eagle family dwelling located at2W, 205 & 207 Comadon Avenue, Corona del Mar, CaMomia. I have reviewed the proposed development trade by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single - family attached homes. I am supporting this development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal Commission. I am supporting this development PrapertyAddresa: 5��&/ !� Property Address: Date Pant Name 00 acne: ! Print Name: Print Name: Sigma Signarerx: Signature Signature- Property Address: ! Date: ` G" D % Property Address: Date: Pant Name: aat Name: Pant Name: Pant Name: Signature: Signature: signature: Signature: Property A ess: Date: / Property Address: Date: Pant Name: t Name: Print Name: Print Name: Signature ` siguatutet Signatnm: signature: �J AERIE PETMON 21'ris Perrtloa is in mgad.to,.thep;nposed .redevelopment of the former Corona Cove Apartments and single family dwelling located at 201, 205 & 207 Carnation Avenue, Corona del Mar, California. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single - family attached homes. I am supportingOm development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California CoastlCommission. I am supporting this development 'roPertyAddress; 2.606 &ISIDe M natec. a°x 'riot Name: ftnot' ' Print Natoei lignature: si'patuce.: ` 'ropettyAddress: 1210 FoL —Agit 9g Date: ($01' 'rint Name: lgna roperty Address: e� tint Name ignature: Ptint Name: .Signature- Date: Print Name: Signature: �• PdIA! r -j—. PriatName: Property A°ddr�m: Z S� SFj4btew dd P6ntName: M ST�PRS Print Name: {/q .SlgnatnrC: �• .StplraLlrre.�a'S�e •te�is q e p ia•tte Propuq Address: M t A AAA A.— Date: 3 —11 Print Name:jtmw Print Narne: I MC 4TG�/ Signs Signature: tI4PUcc►tSe0AVi iTA4 ED" .... 1 r., n 775is Petition is .in rcgw d ,;o the, proposed redevelopment of &e former Corona Cove Apartments and single family dwelling located at 201, 205 & 207 Camadan Avenue, Corona del Mar, Califomia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates 9 single - family attached homes. I atn suppoxtingtivs development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and Califarrtia Coastal Commission. I am supporting this development 'roP Y Address: Prope Address. Date: Tint Name: Print t Print Name: ... =Name , iig'n$ titre. Slgn:at11f2C•, ,;.,:.: Signature: Signature: 'ropetty Address: 3z. (a oe eat'- Date: 3 -I ! ?/ 07 'Tint Name: R 9EK zkk- Ao Print Name: Q ;ignatute: 1` ,e ,2 Signature: 'roperty Address: 4—,5ZO \On kj ra=e A-P_ Date: ELI J Property Address: Print Name Signature: Property Address: Print Name Signature: Date: Print Name: Signature: Date: Print Natne• Signature: AERIE PETITION This B'etidon is in m gwdp, ..theproposed mrdev&opment of&he Jammer Corona Cove Apamnents and abVic fvn3ly dwelling located at 201, 205&207 Camadon Avenue, Corson de/Mar, CWbrztia. I have reviewed the proposed development made by Advanced Real Estate Services, Inc. for the above referenced property that incorporates `9 single - family attached homes. I am suppoxtiag this. development conditioned upon the developer satisfying reasonable requirements by the City of Newport Beach and California Coastal: Commission. I am supporting this development. 'ropertyAddress: /B A/ ®Rp Date 7 ,i.7 Propert�;Address _' Date: 'tint Name: Print Naw I?nnt Name: Print Name ignantte: ,�_ 5ignatune Signature: Signature: koperty Address: Date: Property Address: Date: tint Name Priest Name: Print Name: Print Name: ignatlaw. Signature Signature: Signature: roperty Address: Date: Property Address: Date: mint Name: Print Name Print Name: Print Nan= ignature• Signature Signature: Signature: .AERIE PETITION MaPeddonisinregr dtorhupmpowdzedeWopmentof &c former CotuowCoveA,parwm wa and aiggkfrrmffrdme qg located at201, 205 &207Canaatfan Avenue, Comma delllA0 Caffibmla. I have teviewed the proposed development made by Advanced Real Estate Services, Inc. fox the above tefetemced property that =cotpotates 4 =gIe•family attached homes. I am supporting this development eouditioaed upon the developer satisfying reasonable mquitrmeats by the City of Newport Beach and California Coastal Comrwsioa. I am supporting this development Pmpecty Adduces: 7l// G(`/, �Yi�. '�ybl NW W4 7 Print Name: h �iG[ Pant Name: Sdgnatuae: Signatru� PmpectyA&hm: Tti�TIh AwFL Date:? v&47 Slg tat== Signature _ SZc 41&.yd." A,-4 Print Name: Pan: Nara S Signmuce: . PmpectyAddwr, Date: Print Names Plot Name: signah9w, PtwpenyAddren: Pant Nara Pmu Name: signamm signatorm Date: Planning Commission Minutes 04/05/2007 ncing in association with the existing restaurant use. Additionally, a liver of the parking requirements related to the introduction of live tertainment is also requested. The property is located at 105 Main Stree d is within the Retail and Service Commercial designation of the Centra dboa Specific Plan (SP -8) District. I. Lepo stated that staff requests this item be continued to April 19, allow additional time to analyze and review the project. on was made by Commissioner Hawkins and seconded missioner McDaniel to continue this item to April 19, 2007. Page 2 of 5 Ayes: Noes: Excused: Eaton, Hawkins, Cole, McDaniel, Toerge and Hillgren one Peotter ITEM N.O. 3 SUBJECT` Advanced Real Estate Services (PA2005 -196) PA2005 -196. 201 & 207 Carnation Avenue and 101 Bayside Place Continued to The application would allow the demolition of an existing 14 -unit apartment May 17, 2007 building and a single - family home and the construction of a 7- level, 9-unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two-family residential to multi - family residential). The application includes a tentative tract map for the creation of 9 "airspace" condominium units for individual sale and. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacing lost units occupied by low or moderate income households. No units meeting this criteria are known to exist and, therefore, no replacement of affordable housing is required. Lepo noted that the applicant and the City are in agreement that thi; should be continued to May 17, 2007 to allow re- circulation the revise( fated Negative Declaration with the mandatory 30 -day commen :)d. Additionally, there are discussions related to the application of th( 3ed General Plan policies. He then suggested that the Chair ope( lic Comment then close the hearing and continue this item to May 17th. Commission inquiry, Mr. Lepo added that a comment had been receive( t there was a new potential view impact, and staff wants to address this. irperson Cole asked if there will be a revised staff report. He was vered yes, and it would depend on discussions with the applicant. ever, discussion of the current staff report, unless there is specifi( :tion or information, need not be considered. /3.196 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn04- 05- 07.htm 08/07/2007 E �J Planning Commission Minutes 04/05/2007 Commissioner Eaton asked if the re- circulated Mitigated NegatN ® Declaration would also include resolving issues such as Mitigation Measui V -2 being missing, and the difference between consistency with the CLU and the MND. Will they be incorporated before it is re- circulated? C E Ir. Lepo answered that the other changes will be incorporated to make i s tight as possible. Again, relative to the recommendation and extent o isturbance of the bluff face and the project that is the MND. The MND will e the project last seen by the Planning Commission. That is the projec ntil we get different direction. In the event the MND is re- circulated anc omes back for Planning Commission review and you determine additiona hanges, then that would require a further revision to the project that is escribed and the potential impacts as described in the MND; the MNE !ould again have to be revised and re- circulated if changes are required tc ie project that minimize impacts. The staff report presumed revisior irected by the Planning Commission consistent with recommendations, bu ntil that direction is given, the MND will still evaluate the project a: ubmitted. continued on issue of consistency, re- circulation premise, etc. ,nissioner McDaniel noted his concern that members of the audience wish to speak, can as well as have the ability to speak at the nex ing. There are going to be changes to issues and you can speak wer, you may wish to wait until the next meeting when the changes wil been made. r. Harp noted that this item is going to be continued and the M �gative Declaration is being re- circulated. You are welcomed to cc is evening; however, you may want to wait to see what those re e so that comments can be more focused. ommissioner Toerge asked if the consultant who helped with the MND will at the hearing? He was answered yes. He agrees that a project of this ature is very complex and encouraged members of the audience to speak they wish. N vote was taken on this item being continued. All ayes. is comment was opened. Beck asked if the property will be re- posted? Staff answered yes. is comment was closed. was made by Commissioner Toerge and seconded ioner McDaniel to continue this item to May 17, 2007. Eaton, H None oerge and Hillgren http://www.city.newport-beach.ca.us/PlrlAgendas/mn04-05-07.htm Page 3 of 5 JOJIF/ 08/07/2007 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 February 22, 2007 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210, Icamobellla�city .newport- beach.ca.us SUBJECT: AERIE (PA2005 -196) 201 -205 & 207 Carnation Avenue 101 Bayside Place APPLICANT: Advanced Real Estate Services, Inc. Richard Julian, President ISSUE Should the Planning Commission recommend approval of the AERIE project to the City Council? RECOMMENDATION Staff recommends that the Planning Commission, after holding a public hearing, continue the hearing to a future date to be determined at the meeting and direct the applicant to modify the project to be consistent with Coastal Land Use Plan policies. DISCUSSION The AERIE project consists of the demolition of an existing 14 -unit apartment building and single - family residence and the construction of a new 9 -unit residential condominium building. The following discretionary approvals are requested or required in order to implement the project as designed: 1. General Plan Amendment No. 2005 -006 would change the land use designation of a 584 square foot portion of 101 Bayside Place from RT (Two -Unit Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre). 2. Coastal Land Use Plan Amendment No. 2005 -002 would change the Coastal Land Use Plan designation of the same 584 square foot portion of 101 Bayside Place from RH -D High Density Residential - 50.1 to 60 dwelling units per acre to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre). D. / 92 AERIE (PA2005 -196) ® February 22, 2007, Page 2 3. Zone Change No. 2005 -009 would change the zoning designation of the 584 square foot portion of 101 Bayside Place from R -2 (Two - Family Residential) to MFR (Multifamily Residential, 2178 square feet per unit). 4. Tract Map No. 2005 -004 (TT16882) combines the 584 square foot portion of 101 Bayside Place with 201 -205 Carnation Avenue and 207 Carnation Avenue and subdivides the air space for 9 residential condominium units. 5. Modification Permit No. 2005 -087 would permit a 5 -foot subterranean encroachment within the 10 -foot front setback along Carnation Avenue, and a 3'-l" to 5' -7" above - grade and subterranean encroachment into a 10' -7" side yard setback between the project and 215 Carnation. 6. Coastal Residential Development Permit No. 2005 -002 is an application required by Chapter 20.86 of the Municipal Code to review the potential loss of affordable housing within the Coastal Zone. No low or moderate income households occupy the site and no replacement housing is required. The existing 14 -unit apartment building (approximately 13,688 square feet of gross floor area) and single - family residence (approximately 2,810 square feet of gross floor area) will be demolished to construct a new 9 -unit condominium complex. The existing apartment ® building has a total of four levels, three levels visible above existing grade from the street, with all four levels visible from Newport Bay. The existing single - family home north of the apartment building is single -story. The new building will have a total of seven levels, three of which will be visible above the existing grade adjacent to the intersection of Carnation Avenue and Ocean Boulevard. A total of 6 levels will be visible when viewed from the south and west from Newport Bay. The lowest level will be fully subterranean and will not be visible. The structure includes outdoor patios, decks and may include spas at each level. The project includes encroachments into the front and side setbacks, much of which are which are to be subterranean. Approximately 32,400 cubic yards of earth will be excavated and removed from the site. The site currently consists of two parcels and a small portion of a third parcel (584 square feet) with a total project area of 1.4 acres. Each unit will have a private storage room located in the lowest basement level. Additional amenities include a private spa, lounge, patio, locker room, exercise room, and a pool located on Level 1. Residences are located on Levels 1 through 6. Two parking spaces per unit and 7 guest parking spaces are provided on Levels 1 through 4. Parking on Level 4 is accessed via a typical driveway and is approximately 3 feet below the grade of Carnation. It accommodates two, 2 -car garages and 3 guest parking spaces. All other parking is below Level 4 and is accessed from Carnation Avenue utilizing two freight elevators designed to accommodate vehicles. ® A staircase is currently located on the bluff face extending from the existing apartment building to the existing floating docks. The upper portion of the stairs will be removed D./7s AERIE (PA2005 -196) February 22, 2007, Page 3 where the new building is proposed and a new staircase will be constructed in the side yard to connect Level 1 to the existing stairs. Construction of a ramp from the lowest basement level connecting it to the existing stairs is also proposed. Lastly, the project will also include improvements to the existing private boat dock increasing the berthing capacity from 4 to 9 boats. A comprehensive set of architectural plans, conceptual grading plans and a tract map is attached for reference. The proposed condominium building will consist of the following areas: 2 Level 3,348 369 1,638 5,355 3 Level 4,459 361 962 5,782 4 Level 4,671 361 897 5,929 5 Level 5,094 361 794 6,249 6 Levels 4 & 5 4,091 368 824 5,283 7 Levels 2 & 3 5,211 369 863 6,443 8 Levels 2, 3 & 4 4,962 442 734 6,138 9 Levels 5 & 6 6,239 369 1,264. 7,872 Total 42,908 3,369 9,369 55,646 .Common All levels n/a n/a n/a 20,687 Areas Common areas include the gross floor area not devoted to individu . residences and common recreational spaces and all parking areas Project Setting The site is currently developed with a 14 -unit apartment building (201 -205 Carnation) and a single - family residence (207 Carnation). The site is a steeply sloping coastal bluff and cliff and is subject to marine erosion. The westerly portion of the site is partially submerged, rocky and includes a small, sandy cove at the base of the landform occasionally referred to as Carnation Cove. The buildings are located at the top of the bluff and the westerly extent of the foundations of the existing buildings are located on the most elevated portions of the landform. A staircase presently exists on the bluff face that connects the apartment building with an existing; irregularly - shaped, concrete pad (approximately 720 square feet) and a private floating dock bayward of the rocks. Introduced, non - native vegetation covers the upper portions of the bluff below the existing buildings and the lower portion of the bluff has exposed rocks. West of the project site is the main entrance to Newport eastern end of Balboa Peninsula. North of the site residences on Carnation Avenue and Bayside Plac Avenue is a developed coastal bluff with Bayside Plz Place provides access to single - family residences submerged lands. South and east of the site are developed on the coastal bluff face between Ocean Bo Bay from the Pacific Ocean and the are single- family and multi - family . The western side of Carnation -e located directly below. Bayside constructed on previously filled multi - family residential buildings levard and Newport Bay. I7. /9 � u C u C E f J Tidelands Site area above 2:1 slope Site area below 2:1 slope Building coverage existing Building coverage proposed Project area Maximum building height: Building height proposed Area Basement: Area Level 1: Area Level 2: Area Level 3: Area Level 4: Area Level 5: Area Level 6: Total Area: Maximum floor area: AERIE (PA2005 -196) February 22, 2007, Page 4 Project Statistics 11,293 square feet 15,164 square feet 21,362 13,483 square feet 15,198 square feet 61,282 square feet (1.4 acres) 28 to the midpoint of sloping roof, 33 to the peak Varies depending upon level, none exceed 28 feet 14,604 square feet 12,984 square feet 13,388 square feet 12,158 square feet 9,744 square feet 7,989 square feet 5,557 square feet 76, 333 square feet 90,759 square feet (50,833 s. f. buildable area X 1.75 + 200 s. f. per enclosed garage) Required parking: 18 resident spaces and 5 guest spaces Parking provided: 18 resident spaces and 7 guest spaces Setbacks required Front: Side: Rear: Setbacks provided 10 feet 10 feet, 7 inches 10 feet Front: 10 feet above grade, 5 feet below grade Side: 10 feet, 7 inches on south and northwest, between 5 and 7.5 feet at Carnation Ave. grade and below grade on the north and between 28 to 30 feet on Levels 5 & 6 on the north. Rear: Over 210 feet �o C AERIE (PA2005 -196) February 22, 2007, Page 5 Air photo with utilities and easements (plan view, March 2001) AERIE (PA2005 -196) February 22, 2007, Page 7' 0 Existing General Plan Land Use Designations Existing Zoning Designations E E P. lye LJ l- cz 0 a 3 W Z E Amendment Exhibit AR O52 AERIE (PA2005 -196) February 22, 2007, Page 8 Pxoposcd Lot Linc .4djustrrient 584 sq. ft. area subject to land use & zoning amendments Legend MFR - Mul &Family Residential R-2 • TwuFamily Residential I P. / ?9 AERIE (PA2005 -196) February 22, 2007, Page 9 ANALYSIS General Plan Presently, the site has two separate land use designations assigned by the Land Use Element of the General Plan. First, a small portion of the site, approximately 584 square feet is designated RT (Two -Unit Residential) and the remaining portion of the site (60,700 square feet) is designated RM (Multi -Unit Residential, 20 dwelling units per acre). The designation of the 584 square foot portion of the site will be changed to RM (Multiple -Unit Residential) to match the remainder of the site. Although the additional land area would otherwise numerically allow 1 additional unit, the density limitation as dictated by'the Zoning Ordinance is more restrictive as it excludes submerged lands and slopes in excess of 50% from the calculation. The maximum density as calculated by the Zoning Ordinance is 9 units and is not increased with the increased project area. The density of the proposed project is well below the maximum density permitted by the General Plan (28 dwellings) and it is consistent with the maximum density allowed by the existing MFR zone. The Land Use Element contains general goals and policies for residential development encouraging compatible and diverse development. Property maintenance is stressed and multi - family development must be designed to convey a high - quality architectural character. Policy LU5.1.9 indicates that building elevations that face public streets need to be treated to achieve the highest level of urban design and neighborhood quality. Architectural treatment of building elevations and the modulation of mass is important to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume. Street elevations need to be provided with high- quality materials and finishes to convey quality. Roof profiles should be modulated to reduce the apparent scale of large structures and to provide visual interest and variety. Parking areas should be designed to be integral with the architecture of the development. Usable and functional private open space for each unit should be incorporated. Common open space that creates a pleasant living environment with opportunities for recreation should also be provided. The project reflects building articulation, roof modulation and a diverse architectural style consistent with Land Use policies. Although specific exterior finishes or building materials are not identified at this time, the applicant and architect are committed to providing the highest quality project commensurate with the expense of the project and appropriate to their target buyer. Parking areas are integrated within the overall design and each unit has an outdoor deck or patio that may include a fire pit and spa. Common recreational amenities and storage areas for each unit are provided. In conclusion, staff believes that the project is consistent with Policy LU5.1.9. 11 2vo AERIE (PA2005 -196) February 22,, 2007, Page 10 The Land Use and Natural Resources Elements of the General Plan contain general policies regarding the protection of public views, visual resources, coastal bluffs and other natural resources. The Coastal Land Use Plan (CLUP) contains more specific policies regarding these topics and a discussion of the relevant CLUP policies follows. If the project is found consistent with Coastal Land Use Policies, the project is also consistent with the Land Use and Natural Resources Elements. Coastal Land Use Plan The Coastal Land Use Plan (CLUP) presently designates the 584 square foot portion of the site RH -D High Density Residential - 50.1 to 60 dwelling units per acre and approval of this application would change the designation to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) to match the remainder of the site. The additional area, as previously indicated, numerically increases the maximum density by 1 unit from 13 to 14, but the density limitation as required by the Zoning Ordinance is more restrictive as it excludes submerged lands and slopes in excess of 50% from the density calculation and results in a maximum permissible density of 9 units. The proposed project is below the maximum density of the RM -A designation and equal to the maximum density permitted by the Zoning Code. Land Use and Development - Chapter 2 of the CLUP regulates land use and ® development. The site is designated for residential use and, as discussed above, the CLUP designation would be changed to RM -A. The following additional policies within Chapter 2 of the CLUP apply and several discussions of policies are grouped by issue. Policy 2.7 -1. Continue to maintain appropriate setbacks and density; ,floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. 1 The project conforms to the height limit of the MFR zone and no deviation is proposed. The project proposes 76,333 gross square feet, well below the maximum 90,759 allowed by the existing MFR zone standard. The proposed density is below the maximum established by the General Plan and Coastal Land Use Plan as noted above and by Zoning regulations as discussed below. Setback encroachments are primarily subterranean and would not impact the character of the area. The only above ground encroachments are on the north side of the building. The project provides between 5 and 7.5 feet of separation at the street level and approximately 28 to 30 feet of separation on the levels above. No public view exists in this area where the above ground encroachments are requested. The provided setback proposed should provide an adequate separation from the building to the north and the encroachments would not impact fragile resources as they are located on the opposite side of the building away from the bluff and bay. Additional discussion of setbacks follows in the discussion of the Modification Permit request. ?)• 2-0 / AERIE (PA2005 -196) February 22, 2007, Page 11 Policy 2.7 -2. Continue the administration of provisions of State law relative to the demolition, conversion and construction of low and moderate- income dwelling units within the coastal zone. Government Code Section 65590 (Mello Act) regulates the demolition or conversion of low and moderate income units within the Coastal Zone, All units were vacated in December of 2001 and only a caretaker resides in the apartment. No low or moderate income residents currently reside within the project and, therefore, Government Code Section 65590 is not applicable. Policy 2.8.1 -1. Review all applications for new development to determine potential threats from coastal and other hazards. A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006. Given the location, topography and development proposed, potential hazards are seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis. Seismic issues are mitigated with the implementation of the Building Code and coastal bluff retreat is not expected to impact the project during the 75 year economic life of the building. Inundation by wave action or tsunami is considered very remote and the proposed improvements are well above wave action. Policy 2.8.1 -2. Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006. Given the location, topography and development proposed, potential hazards are seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis. Seismic issues are mitigated with the implementation of the Building Code and coastal bluff retreat is not expected to impact the project during the 75 year economic life of the building. Inundation by wave action or tsunami is considered very remote and the proposed improvements are well above wave action. The proposed building is located above potential wave action and, as such, is sited to avoid the most hazardous portion of the project site. Policy 2.8.1 -4. Require new development to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. Policy 2.8.3 -1. Require all coastal development permit applications for new development on a beach or on a coastal bluff property subject to wave action to assess the potential for flooding or damage from waves, storm surge, or seiches, through a E C 7).7a 2 AERIE (PA2005 -196) ® February 22, 2007, Page 12 wave uprush and impact reports prepared by a licensed civil engineer with expertise in coastal processes. The conditions that shall be considered in a wave uprush study are: a seasonally eroded beach combined with long -term (75 years) erosion; high tide conditions, combined with long -term (75 year) projections for sea level rise, storm waves from a 100 -year event or a storm that compares to the 1982183 El Nino event: Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years). Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in areas of known or potential geologic or seismic hazards], to include a geologic /soils/geotechnical study that identifies any geologic hazards affecting the proposed project site, any necessary mitigation measures, and contains a statement that the project site is suitable for the proposed development and that the development will be safe from geologic hazard. Require such reports to be signed by a licensed Certified Engineering Geologist or Geotechnical Engineer and subject to review and approval by the City. Grading Plan Review Report prepared by Neblett & Associates, August 2005, the Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater Pollution Prevention Plan prepared by Hunsaker and Associates dated June 2005 collectively indicate that the project will not be subject to nor contribute to erosion, geologic instability, geologic hazard nor require shoreline protective devices during the economic life of the structure (75 years). Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline protection for new development during the economic life of the structure (75 years) as a condition of approval of a coastal development permit for new development on a beach, shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff. Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the certification of the LCP; unless a waiver of future shoreline protection was required by a previous coastal development permit. A waiver of future shoreline protective devices will be required as a condition of approval. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street parking spaces and close curb cuts to create new public parking wherever feasible. The project will reduce the width of existing curb cuts creating 3 additional street spaces. Public Access - Chapter 3 establishes policies regarding public access. The following policies within Chapter 3 apply and a discussion of project consistency follows the ® policies, and again, several discussions of policies are grouped by issue.: P. Z 6 3 AERIE (PA2005 -196) February 22, 2007, Page 13 Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails. Policy 3.1.2 -1. Protect; and where feasible, expand and enhance public access to and along coastal bluffs. Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to avoid or minimize impacts to coastal bluffs. Policy 3.1.1 -11. Require new development to minimize impacts to public access to and along the shoreline. Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that achieves the following. • Maximizes public access to and along the shoreline, • Includes pedestrian, hiking, bicycle, and equestrian trails; • Provides connections to beaches, parks, and recreational facilities; • Provides connections with trail systems of adjacent jurisdictions; • Provides access to coastal view corridors • Facilitates alternative modes of transportation; • Minimizes alterations to natural landforms; • Protects environmentally sensitive habitat areas; • Does not violate private property rights. Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible, including Corona del Mar and other areas of limited public accessibility. Policy 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (OTD) an easement for lateral public access for all new shorefront development causing or contributing to adverse public access impacts. Such dedication or easement shall extend from the limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the primary extent of development (e.g. intersection of sand with toe or top of revetment, vertical face of seawall, dripline of deck, or toe of bluff). Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement for vertical access in all new development projects causing or contributing to adverse public access impacts, unless adequate access is available nearby. Vertical accessways shall be a sufficient size to accommodate two -way pedestrian passage and landscape buffer and should be sited along the border or side property line of the project site or away from existing or proposed development to the maximum feasible extent. Policy 3.9.1 -24. Encourage the creation of new public vertical accessways where feasible, including Corona del Mar and other areas of limited public accessibility. E 0-26Y AERIE (PA2005 -196) February 22, 2007, Page 14 Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access from the nearest public roadway to the shoreline and along the shoreline with new development except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources or (2) adequate access exists nearby. Policy 3.1.1 -27. Implement public access policies in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following: • Topographic and geologic site characteristics; • Capacity of the site to sustain use and at what level of intensity; • Fragility of natural resource areas; • Proximity to residential uses; • Public safety services, including lifeguards, fire, and police access; • Support facilities, including parking and restrooms; • Management and maintenance of the access; • The need to balance constitutional rights of individual property owners and the public's constitutional rights of access. The project site has no dedicated public access easements or physical access to the coastal bluff or bay. The proposed project does not make any accommodations through ® the site for access to the water nor is the applicant dedicating or offering to dedicate public access. No abutting vertical or lateral public access presently exists that would connect to any access that might be considered within the development. The steep topography of the site makes vertical access a safety concern and access for the disable could not be accommodated. Support facilities presently do not exist and parking in the area is constrained. Lastly access through the site would be in close proximity to residential uses. The lower portion of the bluff, submerged lands and tidelands will remain in their existing condition. Public access to the tidelands from the water will not be affected as the development will be well above the tidelands. Access to the designated view point at the end of Carnation Avenue will also remain unaffected and the public view from that point and Ocean Boulevard will be enhanced with project approval (see discussion below). The applicant plans to install a bench or other public amenity at the corner to improve the experience. As noted above, the project will create 3 new parking spaces along Carnation Avenue with the reduction in the width of the existing driveway approaches. These new public parking spaces will enhance access to the area. With the reduction in residential density and the fact that no existing or proscriptive access rights exist, the project will not impact or impede public access, but rather it will improve it. Public access to the bay is currently provided in the vicinity at China Cove, Lookout Point and at a street end located in the 2300 block of Bayside Drive. These access points are located approximately 450 feet to the east, 1,125 feet to the east and 12- 2a�5 AERIE (PA2005 -196) February 22, 2007, Page 15 approximately 480 feet to the northwest respectively. Based upon the forgoing, requiring public access easements or outright dedication of land for public access is not necessary and the project can be found consistent with the CLUP policies above and the Coastal Act. Staff believes that the project is consistent with the CLUP given the variety of factors considered above. Public views and the scenic & visual quality of the Coastal Zone - Chapter 4 establishes policy regarding the protection of coastal resources. The following policies are applicable, and as with the two previous sections, several discussions of policies are grouped by issue. Policy 4.1:3 -1 identifies 17 mitigation measures to reduce the potential for adverse impacts to natural habitats. Applicable measures require the control or limitation of encroachments into natural habitats and wetlands, regulate landscaping or revegetation of blufftop areas to control erosion and invasive plant species and provide a transition area between developed areas and natural habitats, require irrigation practices on blufftops to minimize erosion of bluffs and to prohibit invasive species and require their removal in new development. The project does not encroach within habitat areas or wetlands and the landscaping plan indicates the bluff to be hydroseeded with a drought - tolerant mix native to coastal California natives with temporary irrigation to be used only to establish the vegetation. Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils to implement structural best management practices (BMPs) to prevent or minimize erosion consistent with any load allocation of the TMDLs adopted for Newport Bay. Policy 4.3.1 -6. Require grading /erosion control plans to include soil stabilization on graded or disturbed areas. Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance activities such as clearing and grading, limiting cut -and fill to reduce erosion and sediment loss; and avoiding steep slopes, unstable areas, and erosive soils. Require construction to minimize disturbance of natural vegetation, including significant trees, native vegetation, root structures, and other physical or biological features important for preventing erosion or sedimentation. Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs designed to prevent or minimize polluted runoff to beach and coastal waters. Policy 4.3.2 -23. Require new development applications to include a Water Quality Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum extent practicable dry weather runoff, runoff from small storms (less than 314" of rain falling over a 24 -hour period) and the concentration of pollutants in such runoff during construction and post- construction from the property. 11 u ID, ZQ(� AERIE (PA2005 -196) February 22, 2007, Page 16 The project requires the issuance of a grading permit and the stabilization of soils during construction is a standard requirement. A final WQMP and SWPPP are another mandatory requirement with the issuance of building and grading permits. These plans are prepared by qualified professionals and include best management practices, both structural and non - structural, to insure that erosion and stormwater discharge will not impact Newport Bay. 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. 4.4.1 -3. Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. 4.4.1 -4. Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas. ® Policy 4.4.1 -6. Protect public coastal views from the following roadway segments... Ocean Boulevard. (Figure 4 -3 of the CLUP identifies the intersection of Carnation Avenue and Ocean Boulevard as a "view point. ") 4.4.1 -7. Design and site new development, including landscaping, on the edges of public coastal view corridors; including those down public streets, to frame and accent public coastal views. 4.4.2 -2. Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. Policy 4.4.2 -3. implement the regulation of the building envelope to preserve public views through the height, setback, floor area, lot coverage, and building bulk regulation of the Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize public view opportunities. (This date is the date when the Coastal Commission approved the Coastal Land Use Plan,) Policy 4.4.3 -4. On bluffs subject to marine erosion, require new accessory structures such as decks, patios and walkways that do not require structural foundations to be sited in accordance with the predominant line of existing development in the subject area, but not less than 10 feet from the bluff edge. Require accessory structures to be removed or relocated landward when threatened by erosion, instability or other hazards. P. Zoe AERIE (PA2005 -196) February 22, 2007, Page 17 No new accessory structures are proposed. The policy also requires that accessory structures be removed or relocated landward when threatened by erosion, instability or other hazards. A condition of approval is required such that the existing accessory structures (concrete pad; staircase and walkway be removed if threatened by erosional processes in the future. Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. Policy 4.4.3 -11. Require applications for new development to include slope stability analyses and erosion rate estimates provided by a licensed Certified Engineering Geologist or Geotechnical Engineer. Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration of coastal bluffs to the maximum extent feasible, such as: A. Siting new development on the flattest area of the site, except when an alternative location is more protective of coastal resources. B. Utilizing existing driveways and building pads to the maximum extent feasible. C. Clustering building sites. D. Shared use of driveways. E. Designing buildings to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and building design. F. Utilizing special foundations, such as stepped, split level, or cantilever designs. G. Detaching parts of the development, such as a garage from a dwelling unit. H. Requiring any altered slopes to blend into the natural contours of the site. E D. Zoe E E AERIE (PA2005 -196) February 22, 2007, Page 18 Public Views A public view presently exists over the southeastern portion of the site from Ocean Boulevard and Carnation Avenue to south and west. The Pacific Ocean, harbor entrance, Newport Bay and the Balboa Peninsula are features in the view depending upon the vantage point. Presently, the view measures 25 degrees between the existing apartment building and the neighbor's garage and fence to the south when standing at the designated view point closest to the project site. With the project, the view will increase to 32 degrees due to the proposed building being located approximately 8 feet further to the west than the existing building. Levels 5 and 6 are taller than the existing building and are in the same position as two upper levels of the existing split -level apartment building. No view presently exists above the existing building other than sky views as shown in the following photographs taken from Carnation Avenue looking south and Ocean Boulevard looking west. The project architect has prepared a visual exhibit that shows that the view to the west will not be impacted (see Sheet A -20). The project is consistent with the 28 -foot building height limits as demonstrated on Sheet A -16 and verified by staff and with other building envelope restrictions with the exception of setback encroachments noted above and discussed below. The above- grade encroachment of the building to the north is single -story and does not impact a public view as one presently does not exist in that location. No other public view exists from the street through the site due to the position of the current buildings. Therefore, the proposed project will not have an impact upon existing public views through the site to the south and west. Pursuant to Policy 4.4.1 -4, staff proposes a condition of approval requiring the recordation of a public view easement to protect the public view over the site from Ocean Boulevard and Carnation Avenue. The easement can specifically identify the 3 dimensional space where structures and landscaping will be prohibited to ensure view preservation. P, Zo q T I 4." pa Z. 11,4 AERIE (PA2005 -196) February 22, 2007, Page 21 View west with project E C C P. Z/2 AERIE (PA2005 -196) ® February 22, 2007, Page 22 Scenic and visual quality — Predominant line of existing development The visual quality of the area encompasses the natural and built environment. The visual quality of the street is dominated by the built environment and the aesthetic of the existing buildings. The existing buildings are dated and are not aesthetically pleasing especially given the open carports. The new elevations with high quality materials and unique design will improve the streetscape aesthetic. The visual quality of the site as seen from the public vantage points from the west and northwest include both built and natural character. What is visible includes a rocky intertidal area, coastal bluff, exposed rocks, vegetation and the western elevations of the existing buildings. Sheet A -18 and Sheet A -19 of the project plans have photographs of what the site looks like today and what it will took like with implementation of the project. The vantage points are from the northwest from a public beach located on Bayside Drive and the west from a public beach and public dock located on Balboa Peninsula. The predominant line of existing development is one tool in determining if a project protects or possibly enhances the scenic and visual quality of the area. The Planning Commission is responsible for determining the location of the predominant line of existing development more fully described below. Alternative methodologies for locating the predominant line of existing development are included in the discussion that follows and include that used by the project architect. If the Planning Commission ® determines that the project architect's methodology is most appropriate for the subject site, the Commission should conclude that the project is consistent with the Local Coastal Program policies set forth in this section and may approve the project as proposed. Alternatively, a different methodology may be deemed appropriate and the Planning Commission may require modification of the proposed project to so as to be located on the landward side of the predominant line of existing development so determined. Staff recommends that the Planning Commission use the photographic simulations on Sheets A -18 and Sheet A -19 of the project plans representing the proposed project when viewed from a vantage point to the west of the site to determine the appropriate location of the predominant line of development. E Polices 4.4.3 -8 and Policies 4.4.3 -9 establish the concept of the predominant line of existing development. The concept of predominant line of existing development is central to the Planning Commission's determination as to the project's consistency with policies of the CLUP. The CLUP defines the predominant line of existing development as "the most common or representative distance from a specified group of structures to a specified point or line (i.e. topographic line or geographic feature). For example, the predominant line of development for a block of homes on a coastal bluff (a specified group of structures) could be determined by calculating the median distance (a representative distance) these structures are from the bluff edge (a specified line)." The "median" was used in the definition rather than the "average" as it takes out extreme values while using the "average" can skew the predominant line of existing development when distances vary significantly. P. Z13 AERIE (PA2005 -196) February 22, 2007, Page 23 The concept of the "predominant line of development" was originally intended to set limits on the extent of development on top of coastal bluffs. However, the definition was intentionally broad so that this concept could be used in other situations, such as along canyons or the shoreline. The example included in the CLUP suggests one of several possible ways to locate the predominant line of development for any given site and a more narrowly- defined methodology for locating the predominant line of development will likely be included in the Implementation Plan for the CLUP when finalized and submitted for Coastal Commission certification. The definition itself was crafted to allow flexibility in locating the predominant line of development for a variety of site configurations, topography, and patterns of existing development. Location of the predominant line of development may evolve based on determinations of the Planning Commission, including that for the subject development proposal which may set a precedent for future determinations. This effort requires thoughtful, case -by -case evaluation especially in instances such as the present proposal wherein the site's topography does not lend itself to traditional techniques such as the "stringline" method often employed by the Coastal Commission. Policy 4.4.1 -3 is a general policy requiring new development to minimize alterations to significant natural landforms, including bluffs, cliffs. This policy is should be viewed in the context of Policies 4.4.3 -8 and 4.4.3 -9 that provide more specific direction allowing new development to be sited in accordance with the predominant line of existing development. Public improvements and not private development are subject to the policy directions to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible in accordance with Policy 4.4.3.8. A setback from the predominant line of existing development must be increased where necessary to ensure safety and stability. An increased setback is not necessary based on the geologic report and coastal hazards report. The traditional stringline method was employed by the project architect to illustrate one way to identify the predominant line of development. A stringline was drawn by the project architect in plan view (looking down from above) from the existing residential structure at 2495 Ocean Boulevard to the existing structure located at 101 Bayside Place. Staff is of the opinion that this approach does not conform to the definition provided in the CLU,P as 101 Bayside Place is actually located bayward of the landform on previously filled land. The landform is situated above the lots on Bayside Place and the predominant line of existing development would be more appropriately located utilizing the lots on Carnation Avenue and Ocean Boulevard. If the Carnation and Ocean lots are utilized, the stringline method of extending a straight line in two dimensions in the horizontal plan between a point on each of two abutting structures may not be appropriate to the curving land form of the properties' landforms. Moreover, this method does not recognize the extension of the proposed development, in a vertical plane, down the face of the bluff and the consequent impact to the visual quality of this natural landform. J . 2/y E J AERIE (PA20O5 -196) February 22, 2007, Page 24 Stringlines Stringline of principal structures between 101 Bayside PI. & 2495 Ocean Blvd. Stringline of principal structures between 215 & 2495 Ocean Blvd. Given that the CLUP definition provides an example that uses the median distance to a specified point or line, the project architect included a scenario based upon the calculation of the median distance of structures from three representative lines: the street curb, the approximate bluff edge and from mean low tide line (see the project overview prepared by the architect). The median was incorporated into the CLUP definition as averages can create undesirable results when distances between the structures and each of the three representative lines vary significantly. The calculations the architect represents as medians, however, are actually averages of distances measured on several abutting properties without including the project site in the calculation. Including the project site reduces the averages, but the building remains within the average distances calculated. P. z15 AERIE (PA2005 -196) February 22, 2007, Page 25 In calculating distances from the curb and approximate bluff edge, two properties bayward of the bluff landform are employed; Staff believes that their inclusion in the calculation is not appropriate. The predominant line of existing development establishes a setback on the bluff to balance property rights and protection of the visual quality of the coastal zone. Using structures that are bayward of the landform could lead to the establishment of a predominant line of existing development beyond existing development on the bluff itself. Additionally, average distances and maximum distances are used, which may distort the results in a manner not intended by the CLUP definition. Using the approximate bluff edge is difficult as there is no way to determine where the bluff edge was with certainty due to past development altering or otherwise obscuring the bluff edge. Lastly, the calculation of the distance from the mean low water line includes several lots on Bayside Place that are bayward of the landform and staff does not believe this is an this an effective method in this case as it does not account for the predominant line of existing development established by the structures on Carnation Avenue. Staff developed a method for determining the predominant line of existing development in conjunction with preparation of the implementation plan for the CLUP.. The methodology uses the median distances in the vertical and horizontal planes of a representative block of structures uses the median distance in the vertical and horizontal plane of a representative block of structures. The median distance would be calculated for accessory structures and principal structures at the midpoint of each lot measuring perpendicular to the front property line. Only those abutting and nearby buildings on the bluff face itself within the same block would be used. In this case, staff would include the lots on Carnation Avenue and Ocean Boulevard and exclude lots bayward of the landform. This technique was reviewed by the Local Coastal Program Committee who guided the preparation of the CLUP. The Committee provided feedback but took no action on the draft regulation and guidelines that staff had prepared. Although staff has not prepared an analysis using the draft regulations and guidelines, this discussion is included to demonstrate that a variety of methods may be employed in identifying and locating the predominant line of development. Because the ultimate purpose for identifying and locating the predominant line of existing development is the protection and enhancement, where feasible, of public views and the scenic and visual qualities of the coastal zone, the range of possible outcomes would result in significantly different impacts to the visual character of the face of the bluff. As discussed previously in this report, the visual character of the face of the bluff on the project site is most evident when viewed from vantage points west of the site. These include locations on Balboa Peninsula and on the waterway leading into Newport Bay. The predominant line of existing development can best be seen on Sheet A -18 and Sheet A -19 of the project plans since this is what the public will see. The buildings on Carnation Avenue to the north (left of the proposed project in the visual simulation) and the project site establish a line of existing development. The abutting residence at 2495 E /7. 2/(o AERIE (PA2005 -196) ® February 22, 2007, Page 26 Ocean Boulevard (white house to the right of the proposed project) also establishes a line of development on the bluff face. The abutting lot to the north of the project, 215 Carnation Avenue, is comes down the bluff face to approximately 57 feet above mean sea level. The downward extent of the other buildings to the north of the site on Carnation Avenue vary and are lower. The existing single- family residence is higher at approximately 70 feet and the downward extent of the existing apartment building also varies with its lowest extent being approximately 52 feet. Fifty -two feet appears to be consistent with the variations in downward extent of development. The elevation of the closest foundation of the principal structure to the south, 2495 Ocean Boulevard, is 34 feet and the structure extends even lower on the bluff face. Extending this elevation to the north across the project site would suggest a lower predominant line of existing development for the southern portion of the project site. Creating a transition between these two elevations is the remaining challenge. For discussion purposes, staff believes that the predominant line of existing development as described by elevations should be approximately 52 feet above mean sea level parallel to Carnation Avenue. This line would extend across the site to where the bluff turns east to roughly follow Ocean Boulevard. The line would then step down to elevation 34 feet to match the elevation of the closest the foundation of the principal ® structure at 2495 Ocean Boulevard. Staff has prepared two exhibits to show what this line would look like based upon the photographs on Sheets A -18 and A -19 of the project plans (Exhibit 5 separate from the report). r L_J One must also account for the predominant line of existing development in the plan view looking down from directly above. Staff suggest that this line be identified based upon the 52 -foot contour and the 34 -foot contour. Staff has prepared an exhibit showing this approximate line in plan view (Exhibit 5 separate from the report). In conclusion, the Commission must determine whether or not the project is within the predominant line of existing development and if the project protects, and if feasible, enhances the scenic and visual qualities of the coastal zone. If one concludes that the methods used by the architect are reasonable methods for determining the predominant line of existing development, one can conclude that the project is consistent with the CLUP. Staff suggests to simply use the visual simulations to identify the line or lines that protect or enhance the visual quality of the coastal zone. Once that line is established, the project can be modified to conform. Title 20 — Zoning Compliance The zoning designation of the 584 square foot portion of the site is R -2 (Two - Family Residential) and the remainder of the site is MFR (Multifamily Residential; 2178 square feet per unit). As noted, the zoning of the 584 square foot portion of the site would be changed to match the larger portion of the site. The donor parcel will be reduced from 0 -Zl_7 AERIE (PA2005 -196) February 22, 2007, Page 27 15335.1 square feet to 14751.1 square feet, which well exceeds the 5,000 square foot minimum parcel size of Section 20.10.030 of the Municipal Code. The new lot line will not render any of the existing structures located at 101 Bayside Place nonconforming as to setbacks and Bayside Place itself, a private roadway, will remain within the donor parcel. The additional area in this case does not increase the maximum density as the area is mostly excluded from the calculation as the slope of the area exceeds 50 %, The maximum density calculation permitted before and after the minor adjustment is 9 units and the project conforms. The project architect has designed the structure to conform to the 28 -foot building height limit as measured in accordance with Municipal Code. Sheet A -16 of the plans includes a table that demonstrates conformance and staff has confirmed the grade and height measurements. The 9 -unit building requires 2 parking spaces for each unit (total of 18) with at least one space per unit being covered. Additionally, 0.5 space is required for guest parking. Therefore, the project requires 18 spaces for residents and 5 spaces for guests. The project exceeds this standard by providing 3 spaces for 7 units and 2 spaces for the 2 remaining units (25 spaces). Seven 7 guest parking spaces and 2 golf cart spaces are provided for a total of 34 covered, vehicle spaces. Parking is located on Levels 1, 2, 3 and 4. Level 4 parking accommodates parking for units 2 & 6 and 3 guest parking spaces and is directly accessed from Carnation Avenue. Parking on Levels 1, 2, & 3 are below Level 4 and below the street level. These levels are accessed separately than the access to Level 4 directly from Carnation Avenue by two freight elevators. The traffic engineer has reviewed the layout and finds that it will meet minimum standards. The minimum clearance for the spaces under the lifted vehicle must be 7 feet pursuant to Section 20.66.040.3. The overall vertical clearance planned for spaces with lifts will vary between 10 feet and 13 feet depending on the level and location. The golf cart spaces and the "lifted" spaces do not technically comply with standards, but they are extra spaces and are not held to the same standard. The irregular shaped of the site necessitated a project specific determination of minimum setbacks as it was not readily discernable what the depth of the side yard setback would be, where it would be located and where the rear yard would be. The minimum required front setback along Carnation Avenue is 10 feet and is established by the Districting Map. By definition, the rear yard should be opposite the front, but the lot line directly opposite the front faces Bayside Place and could be treated as a side yard. The minimum rear yard setback is 10 feet pursuant to the Section 20.10.030 of the Municipal Code. The rear setback was determined by staff to be measured from the curved bayward lot line only. The minimum side yard is 8% of the lot width. The lot width was determined to be 132.25 feet based upon a site specific method as the use of the definition contained within the Zoning Code could not be used given the irregular shape of the lot. Staff averaged the width of the lot as measured in three places selected by ' Parking calculations are rounded up pursuant to Section 20.66.030.E.1 of the Municipal Code C 12. 21l 11 E u AERIE (PA2005 -196) February 22, 2007, Page 28 staff. Eight percent of 132.25 feet is 10' -7 ". The side yard were determined to extend to the southwest to the bay between the project and 2495 Ocean Boulevard and along the north and western property lines between the site at 215 Carnation Avenue and the lots on Bayside Place. The following map depicts the lot determination made by staff with the approval of the Planning Director. Setbacks Sideyard, depth 10'_7" Side yard, depth 10'-7" Project site t r r- ~r •' �� ^��� �� ` r Qq .............. Setback line '� .`�3• ",'�.\�:"` y I } 1 iron[ yard, " depth 10 feet rfi Rear yard, � .•• i �, � °c �\ .' �o �4„ depth 10 feet x �"1 � �� „ �' F'�✓ ro � ^ �?"` �Tir ` •may '� ', l � e�L� N \ n q BSc y Side yard , rz �� depth 10' -7 The project adheres to these setbacks with the following exceptions that are shown on the project drawings: a) A 5 -foot by 43 -foot subterranean encroachment within the front yard setback for basement areas. Additionally, the applicant proposes to construct a 55 -foot long retaining wall at the property line south of the this encroachment that will extend into the side yard between the project and the abutting property to the south (2495 Ocean Boulevard). The wall will be approximately a maximum of 40 feet high and will allow light and air to reach the living areas on Levels 1 -3 on the south side of the building (street side). Both of these features require the approval of the proposed Modification Permit. x.219 AERIE (PA2005 -196) February 22, 2007, Page 29 b) The proposed structure will encroach 3' -1" to 5' -7" into the 10' -7" side yard setback between the project and abutting property to the north (215 Carnation Avenue). This encroachment occurs on the basement level and on Levels 1 -4. The encroachment on Level 4 will be the only portion above grade. Additionally, a retaining wall and staircase at the north property on Level 3 requires consideration of the Modification Permit. It must be noted that the distances to the property lines in all cases are measured from the exterior surface of both above and below grade walls. This means that the final plans for the foundation system must comply with the dimensions shown on the plans and will not be permitted as additional encroachments within the minimum required setbacks without a Modification Permit. The Planning Commission may approve the request for a Modification Permit to allow the encroachments subject to the following findings contained within Section 20.93.030 of the Municipal Code: 1. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. The site is irregular in shape, has steep topography and has submerged lands which make it difficult to design a project at the density proposed while providing required parking. Approximately 65% of the site is submerged or has slopes in excess of 50 %. The need to provide on -site parking also occupies a significant portion of the building reducing available area for residential units. The side yard setback is also larger than the front yard setback and the application of this standard is also a practical difficulty given the relatively small area to work with as compared to the entire site. 2. The requested modification will be compatible with the existing development in the neighborhood. The requested encroachments within the front yard will be entirely subterranean and will not be visible. The encroachments within the side yard on levels below the street will also not be visible. The side yard setback encroachment on Level 4 (above the street) provides a T -6" setback for approximately 57.5% of the length of the building and 5' for approximately 42.5% of the length of the building. The larger setback is closer to the street. On Levels 5 and 6 above the encroachment on Level 4, the project provides a 28 to 30 -foot setback in excess of the minimum 10' -7" setback. This increased setback provides an enhanced separation of building mass between the project and the single - family home to the north. This increased setback provides private views over the building from upper levels of residences across Carnation Avenue and enhanced building articulation as suggested by General Plan policy. 3. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be E U 0- 2 zo AERIE (PA2005 -196) February 22, 2007, Page 30 detrimental to the general welfare or injurious to property or improvements in the neighborhood. Given the fact that the setback encroachments are predominantly subterranean and the above - ground encroachments are off -set with increased setbacks above them and they do not block a protected public view, the requested encroachments should not prove detrimental or injurious to the community. Title 19 — Subdivision Code — Tract Map Pursuant to Section 19.12.070 of the City Subdivision Code, the following findings must be made to approve the tentative tract map. If the Planning Commission determines that one or more of the findings listed cannot be made, the tentative map must be denied. 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. As noted above, the project is consistent with the current land use designation including the proposed amendment. Additionally, as noted previously, the project is consistent with Land Use Element Policy LU5.1.9 regarding the character and quality of multi- family residential development. A finding that the project is consistent Land Use and Natural Resources Element policies related to the protection of public views, visual resources, coastal bluffs and other natural resources is contingent upon a finding that the project is consistent with the Coastal Land Use Plan. This determination has yet to be made and when it is made, this finding of consistency with resource protection policies of the General Plan can also be supported. The site is not subject to a specific plan. Minimum lot sizes established by the Zoning Ordinance are also maintained as required by the Subdivision Code. The Public Works Department has reviewed the proposed tentative map and believes that it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. Conditions of approval have been included to ensure compliance with Title 19. 2. That the site is physically suitable for the type and density of development. The usable area of the site is relatively small compared to the entire 1.4 acre site. The site is not likely to be subject to coastal erosional processes or hazards during the 75 year economic life of the project. Additionally, no earthquake faults were found on -site and there is not likely to be and incidence of landslide, lateral spreading, subsidence, liquefaction, or collapse on -site or near the site given on -site soils conditions. These factors would suggest that the site is suitable for development. However, the density coupled with the size of the units and the need to provide on -site parking call into question whether or not the site is suitable given the amount of alteration of the site proposed. Smaller unit sizes, a reduction in amenities such as the basement level or common amenities or even a reduction in density, with its parking needs, would reduce ® the amount of excavation necessary to implement the project. Additionally, the project t?, 2 z I AERIE (PA2005 -196) February 22, 2007, Page 31 must be found consistent with CLUP policy regarding the predominant line of existing development to protect, and if feasible enhance the visual quality of the coastal zone. If it is determined that the project is beyond the predominant line of existing development or that the project does not protect or enhance, if feasible, the scenic and visual qualities of the coastal zone, the site is not suitable for the proposal. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section•21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. A Mitigated Negative Declaration has been prepared and it concludes that no significant environmental impacts will result with proposed development of the site in accordance with the proposed plans and tentative tract map; therefore, staff believes this finding can be made. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The tract map would subdivide airspace for residential condominium purposes and is not expected to cause serious public health problems given the use of typical construction materials and practices. No evidence is known to exist that would indicate that the proposed subdivision will generate any serious public health problems. All mitigation measures as outlined in the Mitigated Negative Declaration and the Building, Grading and Fire codes will be implemented to ensure the protection of public health. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. A utility and sewer easement affects the site and is located roughly in the middle of the site running perpendicular to Carnation Avenue. No utility or sewer lines run through the easement and the easement should be abandoned. A storm drain easement and storm drain are located in the side yard between the proposed building and the abutting property to the south (2495 Ocean Boulevard). The proposed improvements will not 1�. 222 AERIE (PA2005 -196) ® February 22, 2007, Page 32 affect the easement or storm drain. The Public Works Department is requiring the replacement of the storm drain given that the proposed retaining wall will be located very near the storm drain itself and the age of the line. No other public easements for access through or use of the property have been retained for the use by the public at large. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the proposed project. 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. The site is not subject to a Williamson Act contract; therefore, this finding does not apply. 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. ® The subject property is not located within the boundaries of a specific plan; therefore, this finding does not apply. U 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and field inspection processes. The site has a western exposure and incorporates curved roof elements that will provide shading and a measure of passive solar cooling. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision will have the effect of reducing the density from 15 units to 9 units. A reduction of this small scale given the City's current housing supply is considered insignificant. This reduction does not assist the City in reaching its 1) . 2 2 3 AERIE (PA2005 -196) February 22, 2007, Page 33 production goals as it is not increasing housing supply; however, the reduction in density is consistent with existing density limitations of the Municipal Code. 10.That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Waste discharge into the existing sewer system will be consistent with existing residential use of the property; which does not violate Regional Water Quality Control Board (RWQCB) requirements. 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. As discussed above, the project conforms to the Newport Beach Coastal Land Use Plan multi - family designation of the site taking into account the proposed amendment and it complies with density standards. The project site is constrained by topography and public access exists nearby making on -site vertical and lateral access unnecessary. Public access is not impacted by the project and due to the position of the proposed building, public views from Ocean Boulevard and Carnation Avenue will be improved. A determination as to whether or not the project is consistent with visual resource protection policies (predominant line of existing development and protection and enhancement, if feasible, of the scenic and visual qualities of the coastal zone) needs to be made. Depending upon the determination, this finding may or may not be possible. Environmental Review A draft mitigated negative declaration was prepared by the City for this project in accordance with the California Environmental Quality Act. A notice of intent to adopt the MND was posted and mailed to property owners within 300 feet of the project site on February 13, 2007 indicating that a 30 -day comment period on the MND will conclude on March 15, 2007. The analysis indicates that mitigation measures related to air quality, biological resources, cultural resources and land use /planning are necessary to reduce or avoid potentially significant impacts to less than significant levels. The analysis shows that the potential impact of the project will be either less than significant or no impact related to all other issue areas. PUBLIC NOTICE Public notice of the draft mitigated negative declaration and this public hearing was provided in accordance with applicable law. C E 0.zzy AERIE (PA2005 -196) ® February 22, 2007, Page 34 ISSUES TO BE RESOLVED The Commission must determine if the proposal is consistent with the Coastal Land Use Plan as it relates to the predominant line of existing development and whether or not the project protects and enhances, if feasible, the scenic and visual qualities of the coastal zone. If the proposal is deemed consistent with the CLUP, the Commission can recommend approval of the project. If the proposal does not meet these policies, the project must be modified to a point that it can be found consistent with CLUP policy or it should be denied. Prepared by: Submitted by: James Campbellaw'w1� w� M James Campbell, Senior Planner David Lepo, Planning Director EXHIBITS 2. AERIE project overview prepared by Brion Jeannette (separate bound document) 9. PFejeet Plans (sepaFate FBI' 8f PlaRB) ® 4. Correspondence 5. Predominant line of existing development exhibits prepared by staff L J /2.225 Exhibit No. 2 AERIE project overview prepared by Brion Jeannette 11 E E (.-22P r1!riL �iaw:.)e.Rw,eZt�e ,orcnEt$cture 201 -207 Carnation Avenue Corona del Mar, California May 8, 2006 (Revised February 15, 2007) Submitted to: David Lepo, Planning Director City of Newport Beach Jim Campbell, Senior Planner 3300 Newport Boulevard Newport Beach, CA 92663 Prepared for: Prepared by: Advanced Real Estate Services, Inc Brion Jeannette Architecture 23792 Rockfield Blvd., Suite 100 470 Old Newport Blvd. Lake Forest, CA 92630 Newport Beach, CA 92663 D -zz7 Consultants: Civil Engineer: Hunsaker & Associates 3 Hughes Irvine, CA 92618 (949) 583 -1010 Consulting Engineers & Geologists: Neblett& Associates, Inc. 4911 Warner Ave., Suite 218 Huntington Beach, CA 92649 (714) 840 -8286 Environmental Consultants: P &D Consultants 999 Town & Country, 41" Floor Orange, CA 92868 (714) 835 -1447 Coastal Hazard Study: GeoSoils Inc. 5741 Palmer Way, Suite D Carslbad, CA 92010 (760) 438 -3155 Fire Protection Consultants: Rolf Jensen &Associates, Inc. One Pointe Drive, Suite 210 Brea, CA 92821 (714) 257 -3555 Landscape Architect: Robert Mitchell & Associates 22982 El Toro Rd: Lake Forest, CA 92630 (949) 581 -2112 Consulting Structural Engineers: Ficcadenti Waggoner 16969 Von Karm an, Suite 240 Irvine, CA 92714 (949) 474 -0502 C C O /x.236 CJ E C Table of Contents I. INTRODUCTION ............................................................................... ..............................6 A. REQUEST ..................................................................................... ..............................6 B. DISCUSSION ................................................................................ ..............................6 II. PROJECT AND SITE DESCRIPTION ............................................... ..............................7 A. PROJECT DESCRIPTION .............. ................ ........................................... ............... 7 B. MFR ZONING OVERLAY .................................... ... .................... .....: ........................... 8 C. PROJECT FEATURES ..................... ....................................... ..............................9 D. VICINITY MAP ........................................................... ............................... ............10 E. DEVELOPMENT REGULATIONS: ........................................................................... 11 III. COASTAL BLUFF ............................................................................ .............................12 A. COASTAL BLUFF PRESERVATION ........................................... .............................12 B. PREDOMINANT LINE OF DEVELOPMENT ................................ .............................13 C. BUILDING MASS: ......................................................... ........ .............................15 D. PATTERN OF DEVELOPMENT ON OCEAN BLVD. & CARNATION AVE ..............15 1. Furthest Line of Development toward the Bay from Street Curb ........................... 16 2. The Furthest Line of Development from the Bluff Edge: ........ .............................. 17 3. Closest Line of Development as it Relates to Mean Low Tide: ............................. 18 E. CLASSICAL STRINGLINE INTERPRETATION ........................... .............................19 F. SUMMARY ........... ..................................................................................................... 19 IV. BUILDING SITE COVERAGE .......................................................... .............................20 V. PUBLIC ACCESS AND RECREATION ........................................... .............................20 A. PUBLIC VIEW ACCESS ........... ............................... ........_ ......................21 B. VERTICAL AND LATERAL PUBLIC ACCESS ............................ .............................22 C. CREATION OF ADDITIONAL PUBLIC STREET PARKING ........ .............................24 VI. COASTAL RESOURCE PROTECTION ........................................... .............................24 A. ENDANGERED OR PROTECTED HABITAT SPECIES .............. .............................25 B. ENVIRONMENTAL IMPACT REVIEW ......................................... .............................26 C. PALEONTOLOGICAL, ARCHAEOLOGICAL AND HISTORICAL RESOURCES..... 26 D. WETLANDS ................................................................................. .............................27 VII. GENERAL GEOLOGIC SETTING ................................................... .............................28 A. GENERAL .................................................................................... .............................28 B. BEDROCK FORMATION ............................................................. .............................28 C. SEISMIC HAZARDS .................................................................... .............................28 I. Liquefaction: .......................................................................................................... 28 II. Earthquake Induced Landslides: . .......................................................................... 28 III. Tsunami and Seiche :................................................................ .............................29 IV. Coastal Hazards: ............................................... ........ .........................29 V. Bluff Erosion : ..... ................................................................... .............................29 VI. Surface Rupture and Strong Ground Motion: ........................................................ 29 D. EXCAVATION CONSIDERATIONS ............................................. .............................30 E. DESIGN CONSIDERATIONS ...................................................... .............................31 VIII. MODIFICATION TO FRONT YARD AND SIDE YARD SETBACKS ............................32 IX. SUMMATION .................................................................................... .............................32 0.'2,3/ 61 ATTACHMENTS EXHIBITS A. Tide Planes and Tidal Datum Relationship B. Slope Analysis prepared by Hunsaker & Associates C. Setback Exhibit D. Aerial View with Proposed Development E. Furthest Line of Development towards the Bay from Street Curb F. Furthest Line of Development from Bluff Edge Setback G. Furthest Line of Development as it related to Mean Low Tide H. Stringline Setback I. Allowable Building Site Coverage J. Public View K. Coastal Views Map 4 -3 of the Coastal Land Use PI an L. Coastal Access and Recreation Map 3 -1 of the Coastal Land Use Plan APPENDICES 1. Applications for Tentative Map, General Amendment, Zone Change, Lot Line Adjustment, Coastal Residential Development Permit, and Modification Permit 2. Notice of Intent for Mitigate Negative Declaration 3. Staffs Comments 4. Letter from Coastkeeper regarding water quality management plan 11 E C 7.232 ® TO: PLANNING COMMISSION FROM: Brion S. Jeannette, Architect SUBJECT: Aerie Staff Report 201 -207 Carnation Tentative Tract Map 16882, Lot Line Adjustment, General Plan Amendment, Zone Change; and a Modification APPLICANT: Brion Jeannette Architecture for Rick Julian, Advanced Real Estate I. INTRODUCTION A. REQUEST Applicant is requesting approval of TT16882 for a 9 (nine) unit condominium, included is a request for lot line adjustment and request to reconfigure the area's General Plan and Zoning to include 584 S.F. into the MFR zone, a Modification to encroach into the Easterly front and Northerly side yards and ® request to modify and add slips to an existing dock. B. DISCUSSION The review of the request focused on these primary issues: • The required findings to approve a tentative tract map • The required findings to approve a General Plan Amendment • The required findings to approve a lot line adjustment • The required findings to approve a zone change • The required findings to approve a modification permit • Conformance with the Coastal Land Use Plan relating to pattern of development on Ocean Blvd. and Carnation Ave., public access and recreation, and coastal resource protection. 11 C 0.233 E II. PROJECT AND SITE DESCRIPTION A. PROJECT DESCRIPTION The Aerie project site is located northwest of the intersection of Carnation Avenue and Ocean Boulevard within the Corona del Mar area of the City of Newport Beach. The project site consists of approximately 1.4 acres (61,284 square feet) of gross area with a portion of the site being submerged lands in part of Newport Bay. The proposed project will consist of the demolition of two existing residential buildings; a single family residence located at 207 Carnation Avenue, built in 1955, and a 14 -unit apartment building located at 201 and 205 Carnation Avenue constructed in 1949. A sm all parcel (584 square feet) located at 101 Bayside Place has been acquired and incorporated into the project. Following the demolition of the existing buildings, grading and site preparation will be conducted to accommodate the construction of a multi- family building with nine individual custom designed single family attached homes with subterranean parking and storage, automobile elevators, swimming pool, multi- purpose room, patio areas and modifications town existing dock. Several entitlements are associated with the Aerie project. Tentative Tract Map 16882 for single family attached homes will merge the two existing parcels with one smaller parcel (recently acquired). With the recordation of the project's final tract map the project will be nine (9) single family attached homes in a multi- family residential zone (MFR). A lot line adjustment will be concurrently processed with the tentative map to reconfigure the ownership lines for assessor parcel numbers 052- 013 -13 and 052- 013 -21 to incorporate an additional 584 square foot triangle- shaped area of land into the project site (assessor parcel number 052 - 013 -12). To reconfigure the area's general plan land use designations and zoning into one consistent land use designation and zoning district for the project site, a general plan amendment and a zone change will be processed. The general D. 23y Ll ® plan amendment will change the small triangular portion of the project site which is presently Two Family Residence (R -2) to Multi Family Residential (MFR) so that it will be consistent with the balance of the project area. With the general plan amendment and zone change, the general plan land use designations and zoning boundaries will be coterminous with the proposed project boundary and consistent with the project's proposed land use. A modification permit is requested to allow encroachment into the required front yard and side yard setback areas for the subterranean portions of the multi- family structure, as well as side yard above grade encroachments. The existing 14 apartments, constructed in 1949, and the single family dwelling, constructed in 1955, have been vacant since D ecember 2001. The present development occupies 13,483 square feet or 22% of the site. The proposed development will occupy 15,198 square feet or 24.8% of the site and the proposed docks will have an additional nine sli ps and a gangway. ® B. MFR ZONING OVERLAY The Multi- Family Residential (MFR) Zone requires 2178 square feet of land per unit on this site. The MFR Zone does not allow the use of `submerged land or slopes greater than 2:1/ 50% in calculating the total number of allowable living units. 'Submerged lands shall be defined as lands which lie below the line of mean low tide (from California Code of Regulations, Section 13577. See Public Trust Land.) Reference: Implementation Plan Draft 2006: Definition 20.03 -28 (See Exhibit A: Tide Planes and Tidal Datum Relationship See Exhibit B: Slope Analysis prepared by Hunsaker & Assoc.) The gross lot area is 61,284 sq. ft. (1.4 acres) O 0.235 The MFR zoning only permits 34,845 square feet of the total acreage to be used in calculating the number of dwelling units resulting in 15 allowable dwelling units. The new project is designed90 for 9 dwelling units. It is important to note that the adjacent bayward properties are R -1 and R -2 . When calculating the number of allowable units in R -2 zone, submerged lands and slopes exceeding 2:1 / 50 % are not excluded from the total lot area as they are in the MFR zone. C. PROJECT FEATURES SQUARE FOOTAGE CALCULATION: UNIT LIVABLE GARAGE STORAGE TOTAL UNIT 1 4,833 369 1,393 6,595 UNIT 2 3,344 369 1,638 5,351 UNIT 3 4,459 361 962 5,782 UNIT4 4,671 361 897 5,929 UNIT 5 4,959 361 794 6,114 UNIT 6 3,959 368 824 5,151 UNIT 7 5,211 369 863 6,443 UNIT 8 4,969 442 734 6,145 UNIT 9 6,362 369 1,264 7,995 SUB -TOTAL 42,767 3,369 9,369 55,505 Common Space! Lounge/ Exercise/ Spat Restroomsr Parkin 4,430 11,243 1,800, (circulation) 4,936 18,809 TOTAL 47,197 12,812 14,305 74,314 "Note: Per City of Newport Beach Municipal Code Section 20.10.030(M) of the Residential Districts: Property Development Regulation states that for "MFR District - The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 (1.5 times in Corona del Mar) times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not included in calculations of the total gross floor area." (Calc: 200SF x 9 units = 1,800 SF) 11 L J P, 2 3(� E O u 10 D. VICINITY MAP 201 — 207 Carnation Avenue Tentative Tract Map 16882, Lot Line Adjustment, General Plan Amendment, Zone Change, and Modification Permit Subject Property: Multi - Family Residence (MFR) & R -2 request change to M FR zone To the north: (Carnation Ave.) Multi - Family Residence (MFR) To the north: (Bay side Place) Two Family Residence (R -2) To the east: Two Family Residence (R -2) To the south: Single Family Residence (R -1) To the west: Newport Bay P. 237 11 E. DEVELOPMENT REGULATIONS: The Subject property is currently zoned MFR and R -2 and has the following development regulations: Development Regulation Note: * Indicate modification request for front and side yard setback. ** See Exhibit C (Setback Exhibit) for lot width and depth calculations. * ** Parking lifts at designated private garages. P- Z3�? Zoning Code Existing Proposed Development Mod. Requirement Development Re uest Lot Zone MFR & R -2 MFR - Size . 5,000 SF Min. 60,700 SF 61,284 SF - (MFR) 584 SF (R -2) Width ** 50' -0" ±133' -6" Avg. ±133' -6" Avg. - Depth *' ±373' -0" Avg. ±373' -0" Avg. - Setback Front at District Map 10' -0" /Abv. grade Carnation Ave. * 10' -0" 8' -0" 5-0" Subterranean Yes Side at 215 8% of avg. 7' -6 "/ Abv. grade Carnation Ave. * width 10' -7" 5' -0" 5' -0" Subterranean Yes Side at Ba side Place 10' -0" 18' -0" 10' -7" Side at 2496 Ocean Blvd. 10' -7" 8' -5" Av . 10' -7" Rear at Newport Bay 10' -0" 226' -0" 212' -2" 1.5 x BA 13,688 SF- Apts. Gross Floor Area (50,578.75) = 2,810 SF- SFR = 74,533 SF 75,868,13 SF 16,498 SF 14 Apt. U nits Dwelling Units 15 Units 1 Single dwelling 9 Units 23 spaces — 11 covered 32 spaces in garage — Parking (9 covered) (20 tenants) (5 guests) (5 guests) (9 uncovered) l7 auto lift (2 golf cart) Height Limit 28' -0" / 32' -0" 24' -0" 28'-Op'/ 32' -0" Note: * Indicate modification request for front and side yard setback. ** See Exhibit C (Setback Exhibit) for lot width and depth calculations. * ** Parking lifts at designated private garages. P- Z3�? u 12 111. COASTAL BLUFF A. COASTAL BLUFF PRESERVATION 1. The CLUP adopted by the City and the California Coastal Commission regulates that development of coastal property adhere to the predominate line of development, minimize alterations of the bluff face and be visually compatible with the surrounding area. 2. Reference excerpt from CLOP: 4.2.3 Coastal Bluffs (Preservation) This coastal bluff at the shoreline is protected by the jetty groins and the small cove at the waters edge. Coastal bluffs are considered significant scenic and environmental resources and are to be protected. Coastal staff and city staff have considered all consequences in protecting the coastal bluffs to the greatest extent possible. The CLOP discusses these issues extensively and came to the conclusion ® that Corona del Mar is one of the few areas in the coastal zone where there is extensive development of the bluff face; specifically, residential development on Avocado Avenue, Pacific Drive, Carnation Avenue and Ocean Boulevard. The initial subdivision and development of these areas occurred prior to the adoption of policies and regulations intended to protect coastal bluffs and other landforms. Development in these areas is allowed to continue on the bluff face to be consistent with the existing development pattern and to protect coastal views from the bluff top. However, development on the bluff face' is controlled to minimize further alteration. 3. This project has over twice the amount of open space than required`. City zoning in Corona del Mar generally allows 63% lot coverage„ 37% open space, based on a typical lot of 30 feet by 118 feet with a standard setback of 20' front yard setback, 3' side yard setback, and a 5' rear yard setback. The project site is 61,284 square feet with proposed development of 24.8% of the site (15,198 square feet) being utilized for development of the residences and parking garages. Over 75.2% of the site is left as open space and bay usage. City zoning allows for a buildable area on this site of 75,868.13 square feet. The structural area 0.239 13 of this project is 74,533 square feet including credit of 1800 square feet for parking garage. "Based on Section IV: Building Site Coverage on page 13. 4. Reference excerpt from CLUP continues: 4.2.3 -8 Coastal Bluffs (Preservation) Prohibit development on bluff faces, "except' private development on coastal bluff faces along Ocean Boulevard and Carnation Avenue in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing, public access; protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alternation of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. Note that 75.2% of the property is being maintained as open space. (See Exhibit D - Aerial view with proposed development.) B. PREDOMINANT LINE OF DEVELOPMENT The Predominant Line of Development was designed to create "consistency" of development between parcels of similar orientation. This will prevent arbitrary, capricious and subjective lines of development. Reference from CLUP 5.0 Glossary: Definitions of Predominant Line of Development:. Predominant line of development is the most common or representative distance from a specified group of structures to a specified point or line (e.g. topographic line or geographic feature). For example, the predominant line of development for a block of homes on a coastal bluff (a specified group of structures) could be determined by calculating the median distance (a representative distance) these structures are from the bluff edge (a specified line). E 0.2vJ Where principal structures exist on "coastal bluff faces" along Ocean Blvd. and Carnation Ave. in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. Seepages 15 - 18 for analysis of three different approaches to defining the predominant line of development. The setback shall be increased where necessary to ensure safety and stability of the development. 14 Reference: Establishing development setbacks from coastal bluffs by Mark Johnsson, California Coastal Staff Geologist, dated January 16, 2003 Slope Stability: Once the bluff edge is located, the first aspect to consider in establishing development setbacks from the bluff edge is determine whether the existing coastal bluff meets minimum requirements for slope isstability. if the answer to this question is "yes" then no setback is necessary forslope stability considerations. When the 1.5 factor of safety can not be met, the setback shall be reviewed and adjusted accordingly to "ensure safety and stability of development'. Slope stability analyses were performed for a typical cross- section of the planned excavation required for the installation of the temporary shoring system (Soldier pile/ Lagging System with Tie -back Anchors) for the proposed development. The excavation slope was analyzed by calculating the factors of safety for a circular -type failure using the Modified Bishop's Method. Calculated factors of safety exceed 1.5 for permanent excavation and 1.25 for temporary excavation under static conditions. (Refer to Appendix D: Slope Stability Analyses in Conceptual Grading Plan Review Report for more information.) A top of bluff setback is not required. The predominant line of development establishes the required line of development. ® Reference: (Neblett & Associates, Inc. Conceptual Grading Plan Review Report' for the Condominium Project dated August 5, 2005. Appendix D.) D. 241 15 C. BUILDING MASS: The building mass has been reduced by utilizing subterranean areas and is consistent with the city's height limit and building area limitations. The project is designed to minimize visible landform alteration by consolidating the project on the upper 24.8% of the site, while at the same time respecting the CLUP requirement of meeting the "Predominant Line of Development ". The project is designed with the new residences on the upper portion of the lot and partially on the slope face, similar to the existing development and surrounding parcels. The proposed parking garages, mechanical equipment and storage areas are all subterranean. Parking for the project exceeds zoning requirements. Two automobile elevators will be utilized to access the parking garages. Parking lifts will be installed in private garages to increase off - street parking. In addition, a 28' -0" wide setback view corridor at the Northerly side yard, adjacent to 215 Carnation Avenue, has been provided at the upper floors to reduce the building mass while allowing the neighbors on Carnation Avenue a view corridor to the Bay. D. PATTERN OF DEVELOPMENT ON OCEAN BLVD. & CARNATION AVE. This project has been designed to maintain the Pattern of Development and does not encroach on the bluff beyond the adjacent neighbors and is in fact, behind the existing Pattern of Development. To date, there have been no formulas defining this concept. I have chosen 3 representative examples to define consistency with the surrounding neighbors. The following charts evaluate the Predominant Line of Development as a definitive measurement from the street to the furthest line of development using a median distance. This diagram and table depicts the d istance from the curb at Ocean Boulevard or Carnation Avenue to the furthest line of development toward Newport Bay. P. 292 16 ® 1. Furthest Line of Development toward the Bay from Street Curb E Diagram A CARNA AWJ OCEAN OLM Table A (A) ( B ) Address Building Distance from curb toward Bay Pools /Decks distance from curb toward Bay 101 Dahlia Avenue 332' -1" 352' -6" ' 2525 Ocean Blvd, 27T -7" 314' -3" * 2501 Ocean Blvd./ 2495 Ocean Blvd. 108' -5" 215' -7" lower deck 201 -207 Carnation.(PIQ) 111' -8" (Avg.) 126'AO" (Avg.) ` 215 Carnation Ave. 109 -9" 120' -4" 221 Carnation Ave. 88' -3" 95' -7" 101 Bayside Place 121' -10" To bulkhead 173' -5" 103 Bayside Place 114' -0" To bulkhead 135' -8" 105 Bayside Place 105' -10" To bulkhead 127' -3" 107 Bayside Place 102' -7" To bulkhead 114' -8" (See Exhibit E — Furthest Line of Development toward the Bay from Street Curb.) Results: The Median distance from access road to the furthest projection of building structure on Carnation Ave. and Ocean Blvd. towards Newport Bay is 183' -2" and 219' -8" for deck and pool structures. The proposed project is 111' -8" and 126' -10 ", substantially landward of the median distance. Note:. lots used to calculate the median distance. 0.24 3 17 2. The Furthest Line of Development from the Bluff Edge: The City of Newport Beach and Coastal Commission adoption of the land use plan define the Predominant Line of Development. This diagram and table depicts a median distance of existing development relative to the bluff edge. Diagram B Table ( A ) ( B ) - Address Building Distance from Bluff Ede Pool/ Deck from Bluff Edge 101 Dahlia 254' -6" (Avg.) 352' -6" 2525 Ocean Blvd. 192' -1" (Avg.) 239' -8" (Avg.) 2501 Ocean Blvd./ 2495 Ocean Blvd. 81' -7" (Avg.) 99' -0" (Avg.) 201 -207 Carnation (PIQ) 26' -3 "- (Avg.) 44' =0" (Avg:) 215 Carnation Ave- 24' -9" 21' -1" 221 Carnation Ave. 11' -8" 19' -2" (See Exhibit F - Furthest Line of Development from Bluff Edge Setback.) Results: The median distance from bluff edge to the furthest line of development towards Newport Bay is 112' -11" and 146' -3" for deck and pool structures. The proposed project is 26' -3 and 44' -0" for deck and pool structures, substantially landward than the median distance. E 0. viv IN ® 3. Closest Line of Development as it Relates to Mean Low Tide: The Predominant Line of Development should also be analyzed as it relates to MLT (Mean Low Tide at elevation 0.74' NAVD88 Datum or 0.92' Tidal Datum). This diagram and table depicts the median distance of proximity from the water line at low tide to the closest structure. Diagram C WUF r CARNAl10H AM =C Mm Table (A) ( B ) Address Edge of Bldg. to MILT Edge of Deck to MILT 2525 Ocean Blvd. 34' -9" (Avg.) Deck beyond MILT 2501 Ocean Blvd./ 2495 Ocean Blvd. 37' -10" (Avg.) 21'-4" (Avg.) 201 — 207 Carnation PIQ 127' -8" (Avg.) 107' -0 " (Avg.) 101 Bayside Place 61' -6" To Bulkhead 103 Bayside Place 17'-11" from bulkhead To Bulkhead 105 Bayside Place 16' -4" from bulkhead To Bulkhead 107 Bayside Place 10' -7" from bulkhead To Bulkhead (See Exhibit G — Furthest Line of Development as it relates to Mean Low Tide.) J p.2y5 19 Results: The median distance from the mean low tide to the closest line of building development towards the bay on bay front properties is 29' -10 ". The proposed property is 127' -8 ", substantially landward from the median distance. E. CLASSICAL STRINGLINE INTERPRETATION 1. The Project was analyzed based upon the "old" concept of a coastal stringline. (i.e. Closest adjacent neighbor's line of structural development.) 2. The project is landward of the'classical stringline' by average of 36' -0" feet. (See Exhibit H — Stringline Setback.) F. SUMMARY This project is landward of the predominant line of development based on four different criteria: • The furthest line of development toward the Bay from street curb. • The furthest line of development toward the Bay from the Bluff Edge. • The closest line of development as it related to Mean Low Tide. • Classical Stringline interpretation. J o.Iy� 11 1 J 20 IV. BUILDING SITE COVERAGE The building site coverage (building footprint less overhangs) is a calculation that determines the maximum site coverage (total site area minus setbacks) of this parcel relative to adjacent parcels. Estimate of building site coverage (building footprint less overhangs) Address Lot size Allowable BSC Allowable Actual BSC in In square feet BSC in percentage percentage 2495 Ocean Blvd. 16,517 SF 13,384 SF 81% 13% South 2501 Ocean Blvd. 5,502 SF 3,943 SF 72% 51% South 2500 Ocean Blvd. 3,976 SF 2,573 SF 65% 64% 2504 Ocean Blvd. 3,322 SF 2,058 SF 62% 59% 201 -207 61,284 SF 50,578.75 SF 82% 24:8 " /6 Carnation PIQ 215 Carnation Ave 7,189 SF 5,033 SF 70% 55% North 221 Carnation Ave 5,012 SF 3,400 SF 68% 48% North 101 Bayside Place 14,814 SF 11,119 SF 75% 26% North The project utilizes only ± 24.8% of the site, 75.2% is devoted to and will remain as a coastal resource, Newport Bay, rock outcroppings, and lands that are submerged. This project is less dense than developments surrounding this lot. (See Exhibit 1: Allowable Building Site Coverage) V. PUBLIC ACCESS AND RECREATION Taken from Newport Beach CLOP: 3.1 Shoreline and Bluff Top Access Coastal Act policies related to shoreline and bluff top access that are relevant to Newport Beach include the following: 30210. In carrying out the requirement of Section 4 of Article X of the California ® Constitution, maximum access, which shall be conspicuously posted, and P- 2L/7 21 recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resources areas from overuse. 30212. (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) it is inconsistent with public safety, military security needs, of the protections of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. 30214. (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following. (1) Topographic and geologic site characteristics. (2) The capacity of the site to sustain use and at what level of intensity. is (3) The appropriateness of limited public access to the fight to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses. (4) The need to provide for management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter. A. PUBLIC VIEW ACCESS The new project will provide a public bench and water fountain at the corner of Carnation Avenue and Ocean Boulevard. The project design will enhance public views of the jetty and ocean as a result of increased setbacks and side yards. Public views will be increased 29% over what exists today. (See Exhibit J: Public View) (See Exhibit K: Coastal Views Map 4-3 of the Coastal Land Use Plan) /-).2y$ 11 J E 22 B. VERTICAL AND LATERAL PUBLIC ACCESS Public access to a public beach does not currently exist across this private property. Public beach access exists to China Cove south of the site at Fernleaf Avenue, approximately 250' south of this site. Public beach access also exists further south of this site at Goldenrod Avenue and Jasmine Avenue to public beaches and recreational facilities at Corona del Mar State Beach. CLUP Chapter 3: Public Access and Recreation Provide offers to dedicate (OTD) for vertical public access on the south side of the site. Provide easement for this, provided the public agency accepts liability for public access. If access is requested, the city of Newport Beach or the California Coastal Conservancy will have to be responsible to accept liability for access safety prior to acceptance of OTD. Providing any type of public access from Carnation Ave. to the shoreline below this site carries a high level of risk and liability to the responsible agency. If vertical access were possible it would require extensive grad ing, caissons, foundations and be prohibitively expensive. If vertical access were created there would still be no lateral access on either the northerly or southerly properties. Adjacent parcels have bulkheads with no provision for public access. The rock formation at the shoreline is dangero us and unsafe and should be protected. Public easements do not exist to the north or south of this parcel. Recent Coastal Commission approvals of projects on 103 Bayside Place (CCC Application No. 5 -03 -432) and 105 Bayside Place (CCC Application No. 5 -02- 083) did not require any lateral or vertical access because neither vertical nor lateral public access exist on the property or on adjacent parcels. 23 Excerpt from CCC Staff Report dated November 20, 2003 Application No.: 5 -03 -421 (Approved) Project Location: 103 Bayside Place, Newport Beach (2 parcels to the North) • Project Description: The subject site is a harbor front, bulkhead lot. The site is located within a private, gated community between the sea and the first public road. No public access currently exists at the subject site. The nearest public access exists at Bayside Drive Beach approximately Y. mile northwest of the subject site and at Corona del Mar State Beach, approximateiy % mile southwest of the subject site. The proposed development, remodel and addition to an existing single family residence, will have no impact on existing public access in the vicinity. • Public Access., The proposed development will not affect the public's ability to gain access to, and/or to use the coast and nearby recreational facilities. Therefore, as proposed the development, as conditioned, conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. Excerpt from CCC Staff Report dated August 22, 2002: Application No.: 5 -02 -083 (Approved) Project Location: 105 Bayside Place, Newport Beach (3 parcels to the North) Public Access: The proposed development will not affect the public's ability to gain access to, and /or to use the coast and nearby recreational facilities. Therefore, as proposed the development conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. Excerpt from CCC Addendum dated August 20, 2002: E r U 1).25-() 24 ® Subject: Addendum to Item Tues 4c, Coastal Commission Permit Application #5 -02 -083 (Brigandi) for the Commission Meeting of September 10, 2002. • Neither vertical nor lateral public access exists on the subject property. In addition, there is no established lateral public access in the vicinity. However, there are several opportunities for public access to the coast near the proposed development. Bayside Drive County Beach is accessible via the Orange County Shenff /Harbor Patrol Bureau located approximately a half mile to the northwest of the proposed development (Exhibit #1). This area allows the launching of small boats by the public. Also, public access is available at China Cove Beach and Rocky Point Cove located a mile to the southeast. Finally, a street end access point located five lots north of the property offers an overtook to the Harbor (Exhibit #2). Since the proposed project involves the reconstruction of an existing single - family residence, neither the existing access situation nor the intensity of use of the site will be changed. The proposed development will not have an impact on existing coastal access or reaction in the area. is (See Exhibit L: Coastal Access and Recreation Map 3 -1 of the Coastal Land Use Plan) C. CREATION OF ADDITIONAL PUBLIC STREET PARKING Chapter 3 of the CLUP recommends: "Close curb cuts to create public parking wherever feasible." The new project presently has nine (9) carports and a standard two (2) car garage and that back directly onto Carnation Avenue creating a driveway curb cut of approximately 111' in length. This property currently allows for one on street parking space. The new project design will create four on street parking spaces available for public parking. This will enhance public parking and public view access. ® VI. COASTAL RESOURCE PROTECTION 0. 2sl 25 A. ENDANGERED OR PROTECTED HABITAT SPECIES Reference from CLOP: 4.1.1 Description of Environmentally Sensitive Habitat The California Department of Fish and Game's (CDFG) 'List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database" (CNDDB) provides an inventory of California's natural communities and identifies those that are considered rare because of their highly limited distribution. These rare communities mayor may not contain individual species that are rare, threatened, or endangered. A reconnaissance field visit of the project was conducted on May 5, 2005 to assess current site conditions, identify plant and wildlife species present or having the potential to occur at the project site. The result of the study shows that suitable habitat conditions do not exist on the project site to support any of the threatened or endangered terrestrial plant or animal species listed in the literature review. The marine plant species eelgrass is considered a sensitive resource in Southern California. This species is within the property boundary of the project site immediately offshore of the cove but impacts can be reduced or avoided with development of an Eelgrass Habitat Mitigation and Management Plan. No threatened or endangered species of marine plants or animals were observed on the project site. Therefore, the proposed project will not have any impacts on threatened or endangered terrestrial plant or animal species_ (Reference: August 2005, P &D Consultants, Environmental information Form. Appendix B °Biological Constraints Analysis for AERIE Project, Marine Biological Field Survey and Eelgrass Study, and Bathymetric Survey) r L J D. 25Z zs ® B. ENVIRONMENTAL IMPACT REVIEW Reference from CEQA: Environmental Review Section The California Environmental Quality Act (CEQA) requires the state to review the environmental impacts of projects that require state or local government approval. CEQA requires appropriate mitigation of projects that contain significant environmental impacts. An Environmental Information Form including the Phase I Environmental Site Assessment has been conducted for the project by P &D Consultants. Based on their review of the Potential Environmental Effects, the project will not have a significant impact on the environment. An environmental records search was conducted to identify any listed sites with environmental concerns within the project vicinity. The site conditions do not pose a hazard to future residents nor is the project site included on the list of sites containing hazardous materials. The project will not result in a significant hazard to the ispublic or environment, nor is the site within a flood hazard zone, therefore, no mitigation measures will be required. (Reference: August 2005, P &D Consultants, Environmental Information Form: Aerie Residential Project) C. PALEONTOLOGICAL, ARCHAEOLOGICAL AND HISTORICAL RESOURCES Reference from CLUP: 4.5 Paleontological Cultural Resources Cultural or paleontological resources (Section 4.5. 1) requires the submittal of an A/C resources monitoring plan. Review of records of any paleontological resources finds that there are No known resources. Following the requirement of Section 4.5.1, the monitoring plan is submitted as part of this application. U D.253 27 A research study was performed to determine if past use of the site or nearby sites could have adversely impacted the project. There was no evidence of hazardous material usage or of practices or conditions of environmental concerns on this site. A cultural resources records search was completed through South Central Coastal Information Center of the California Historical Resources Information System. Results of the search indicate that no archaeological sites are recorded within the project area. Therefore, no survey had been conducted on the project area. The project will not result in a physical or aesthetic impact to historic resources since none exist near the site. However, in the event any cultural resources are identified during construction, a qualified archaeologist should be contacted to review the finding(s) and make appropriate mitigation recommendations. The Monterey Formation, which forms the bluff sediments, is known to contain abundant marine invertebrates and vertebrates (primarily fish). There are many recorded fossil localities in similar sediments in the immediate vicinity of the project area. Therefore, a qualified paleontologist shall be retained to develop a Paleontological Resource I mpact Mitigation Program to offset any impacts. (Reference: August 2005, P &D Consultants, Environmental Information Form: Aerie Residential Project) D. WETLANDS P &D Consultants conducted a reconnaissance site assessment to evaluate biological associated with redevelopment of the project site. During the reconnaissance site visit no "wetlands" were noted. Redevelopment of the project site will not cause alteration or impacts of any kind to federal '\wetland ". (Reference: Svitenko, Kimbeny,2006, Aerie Residential Development Tentative Tract Map No. 16882, P &D Consultants, Letter to Planning Director, City of Newport Beach, January 31, 2006. ) L D. 2 sy ORN ® VII. GENERAL GEOLOGIC SETTING A. GENERAL From a geologic and geotechnical engineering standpoint, the site is considered suitable for the proposed development. It is our opinion that the Conceptual Grading Plans (Reference No. 6) are suitable for their intended purpose provided the recommendations presented herein are incorporated into the design and implemented during construction. B. BEDROCK FORMATION The bedrock on site is largely west striking, moderate to steeply northeast dipping with localized moderate southwest dip. The prevailing strike and dip orientation of the bedrock is into slope with respect to planned excavation cuts, and therefore favorable from a slope stability standpoint. ® C. SEISMIC HAZARDS Seismic Hazards have been reviewed relative to the development on this site. I. Liquefaction: According to the conceptual grading plan for the site, the site area will be cut to a proposed ultimate elevation of approximately 20 feet mean sea level (M SL) for subterranean level construction. This will effectively remove the artificial fill and terrace materials, and will expose bedrock throughout the excavation and liquefaction within the bedrock material is not a concern. Furthermore, subsurface water was not observed during the field investigation. II. Earthquake Induced Landslides: The slopes descending from the proposed development expose with resistant sandstone of the Monterey formation. Extensive through- going, low angle discontinuities within the ® dense massive sandstone bedrock are absent. Literature D- 25S W MA VI o reviews (CDMG, 1994), site mapping, aerial photo analysis, and subsurface exploration indicate that landslides do not exist on or adjacent to subject site. The lack of landslide features indicates that the area has been relatively stable in the recent geologic past (Holocene) and has not been subject to earthquake- induced large -scale land- sliding. The potential for earthquake induced, large - scale, land- sliding at the subject site is therefore considered low. Tsunami and Seiche: Based on the proposed pad elevations shown the Conceptual Grading Plans, and the above discussions, the risk to the site in response to tsunami is considered remote. Coastal Hazards: Coastal hazards include shoreline erosion, wave runup and coastal flooding. The shoreline at the site is comprised of is resistant sandstone and is protected by a jetty at the mouth of the Newport Harbor. As previously indicated, the lowermost exposed face of the planned development will daylight on the bluff at approximate Elevation 30t feet (MSQ. (Refer to: October 5, 2006, GeoSoils Inc, Coastal Hazard Study for New Development at 201 — 207 Cametion, Corona del Mar, California) Bluff Erosion: The exposed bluff material is comprised of resistant sandstone and is not prone to erosion. In view of this and the base elevation of the planned condominium development, bluff erosion is not considered a factor in design over the life of the structure. Surface Rupture and Strong Ground Motion: Based on the site - specific fault investigation (see Appendix E). the fault activity levels have not displaced terrace deposits for V. 25(p 30 ® at least 80,000 to 120,000 years before present (ybp). According to CDMG Special Publication 42, "active" faults are defined as those faults which have displaced during the last 11,000± years (Holocene ag e). Therefore, the faults identified on site are not considered "active ". It is unlikely the subject site will experience fault related surface rupture. However, the subject site may experience ground motion as the result of regional seismic activity. Presented in Appendix C are the 2001 CBC (1997 UBC) Seismic Design Parameters for the subject site. D. EXCAVATION CONSIDERATIONS Bedrock rippability was reviewed in order to evaluate the rippability of cut areas comprised of hard sandstone Monterey Formation (Tm) bedrock. Rock ® hardness was assessed utilizing information obtained from three diamond core borings penetrating to depths of approximately 46 to 51 feet below E grade, excavation of two fault trenches, site mapping, laboratory unconfined compression testing on several samples obtained from the subject site, and review of the shallow seismic refraction profile for the bordering 2495 Ocean Boulevard site (Westland Associates, 1982). Based on our experience, rock masses displaying seismic shear wave velocities of up to approximately 5,000 feet per second are considered economically rippable using conventional mechanical grading equipment. Rock masses displaying seismic shear wave velocities of approximately 5,500 to 7,000 feet per second are considered marginally rippable. Rock masses with seismic shear wave velocities greater than approximately 7,000 feet per second will likely require a Caterpillar 245 hoe -ram track excavator or equivalent equipped with a rock chisel. The shallow seismic profile velocities for 2495 Ocean Avenue from 4,000 to 8,350 feet per second, and similar velocities can be anticipated for the subject property. 07 257 31 E. DESIGN CONSIDERATIONS Recommended design consideration for shoring design and engineering: Temporary shoring consisting of soldier pile/ lagging system is recommended to permit excavation and construction of the planned subterranean levels. In view of planned deep excavations, tie -back anchors and /or internal bracing will be required to provide a stable shoring system. The tie -back anchors should be tested as discussed below. The design of shoring should consider lateral earth pressures as well as surcharge of effects of existing structures and anticipated traffic, including construction equipment, when loading is within a distance from the shoring equal to the depth of excavation. As proposed, the building is located at or close to the property limits, the feasibility of integrating the shoring system with the structural elements of the basements should be evaluated by the Project Structural Engineer. The solider piles should be adequately designed to resist both the design anchor loads and test load conditions. The structural design should include provisions to accommodate basement wall water - proofing, drain installation, etc. The shoring system should be designed by qualified and experience Shoring Engineer. (August 5, 2005. Neblett & Associates, Inc. Conceptual Grading Plan Review Report. Condominium Project. Project No. 416-000-03) E D_25� 11 32 VIII. MODIFICATION TO FRONT YARD AND SIDE YARD SETBACKS The applicant is requesting approval of a modification to setbacks. Because of the irregular shape of the lot the average lot width creates a side yard setback that exceeds the front yard setback. The front yard setback as noted in the Districting Maps is 10' -0" while the side yard setback calculation is based upon 8% of average lot width and is 10'-7 ". It is uncommon that a side yard setback exceeds a front yard setback. All adjacent parcels have side yards ranging from T -0" to 4' -10" and are as noted in the attached Exhibit C — Setback Exhibit. Applicant is requesting encroachments to the Northerly side yard setback (adjacent to 215 Carnation Ave) that vary from 5' -0" to T -6" at ground level and below grade. The project setback of 5' exceeds all other properties in the area. ® The project meets the required front yard setback of -0 ". The project architect is requesting a 5' encroachment for the subterranean parking at Carnation Avenue. This same 5' encroachment was granted to 215 Carnation Avenue for subterranean parking (ref: Modification Permit #MD2001 -106). The approved m odification was reviewed by the Planning Commission. The project design exceeds the required rear yard setback of 10' with a proposed setback of 212'. IX. SUMMATION The site has unusual topography as well as submerged lands and a very irregular shape. The new structure is on a coastal bluff top and on the face of the slope that has been identified in the city's and Coastal Commission's adopted Land Use Plan which allows for such development as long as it follows the existing Pattern of Development. The project meets this criteria and does not exceed the Predominant Line of Development. i J D. zsq 33 • The Aerie 9 unit custom attached home project is replacing a dilapidated 14 unit apartment building that does not meet current zoning energy and building codes. • There are no variance requests required for this new project • The project seeks approval of a tentative tract map and minor adjustments to the General Plan and Zoning Ordinances. • The project requires a modification to the front yard setback for a subterranean parking structure and side yard encroachments. The adjustments to the setbacks are minor and are consistent with adjacent properties that have been granted similar relief. The environmental factors have been evaluated a No threatened or endangered species of habitat exist on this site • No impact to sensitive terrestrial species occur • Eelgrass is present on the project site. Mitigation and management plans will be employed to avoid impacting it. Archaeological resources have been reviewed No historic resources exist on the site. Consequently the project will not result in a physical or aesthetic impact to historical features. Paleontological resources have been reviewed There are recorded fossil localities in similar sediments in the immediate vicinity of the project area. The project area is considered to have a high paleontological sensitivity therefore a qualified paleontologist will be retained to monitor and direct any possible findings and handling. Refer to the Environmental Information Form prepared by P &D /EDAW Consultants for additional site information. C 0,'Zl'U E E Cl EXHIBITS 34 Key Foot) The chart below displays tidal datums for benchmark TIDAL -1NP located at Newport Bay Entrance and are based on the following: Length of series 19 years Time Period 1960 -1978 Tidal Epoch 1960 -1978 Control Tide Station IatReduction Theory #1 - Tidelands lie between mean high and mean of low neap tides. Theory 92 Tidelands lie between mean of all high and mean of all low tides. Information was taken from National Ocean Service (NOS), Office of Ocean and Earth Science (OES), Tidal Datum sheet- Publication Date 07/17/89 TIDE PLANES AND TIDAL DATUM RELATIONSHIPS EXHIBIT A 12.ZfP2 `I/ / I PREPARED FOR: ADVANCED REAL ESTATE SERVICES 22974 El. TORO ROAD. LARS FOREST, CA 92630 PREPARED BY Z RUNSAKER &L ASSOCIATES I R V I N I N C PIAPNMONGWE"INC I SURVEIMC U SLOPE ANALYSIS EXHIBIT CORONA DEL MAR EXHIBIT B LEGEND. TOTAL SITE AREA - 61.284 S.F./1.4 AMES EMS11NG SUIUOINQ PAD (13.483 S.F./O.3 ACRE) SLOPE AREA -ES5 THAN 5OX 21.362 S.F./0.5 ACRE) SLOPE AREA GREATER lAN 50%(15.1W S.F:/0.3 ACRE) AREA UNDER MEAN LOW ME ELEVATION (11,293 S.F. /O.3 ACRE) LOW VW (UFM LO WAI ) E1i MW - p l NAb DAOU' M.1 IDIL PREPARED FOR: ADVANCED REAL ESTATE SERVICES 22974 El. TORO ROAD. LARS FOREST, CA 92630 PREPARED BY Z RUNSAKER &L ASSOCIATES I R V I N I N C PIAPNMONGWE"INC I SURVEIMC U SLOPE ANALYSIS EXHIBIT CORONA DEL MAR EXHIBIT B SNm Yw ECI 1A 4,,ATION \> D� " \ / \\ 51 AP, Av.. OF VDI 10, ISEEIS• 0 Y.Y MCWA16.Dm. . Z OW W Z< EI 00 DIM A M ST END END tM B 125b Dim c w v 4aa 41) t6 40'G' TO TE SIDE IA :_. 1 I�= SIDE A47 ED �Llk! Q� V-P. EST , 1 11 1 G IDDPRIN, —ir wneA T,IAl 18-0 WINE IVN WE SENE CKI F 3013% OUTLINEO;\ BUIM.0 FOOTPRINT § 10i ---- --- -- ----- . . . . . . . . . . . x q x < WED 1— — — — — — — — — — — — — — — — — — — — — L— — — — — — — — — — SETBACK EXHIBIT EXHIBIT C ME NEWPORT BAY / CONCflEtE PAO \ .� H CAIPILEVER DECK.LDbJE Poou sPA BAVSIDE PLACE ENEOP/AV .E LINE OF iLVEAGE y/5 CMXPP0.Y .MU j 1 .g CM.Wi10Nl DNLEINPy OE`IELOPMEM CaHnLEVER — OECKMOVE CMUNN3YL.- LOEVPNRT OEEK iYP. O NE uP �EAS1V D ILO HG oceiw eLw A4�. - 1 OCFpN BLVD 4 DEVELOP ' DEVEIE,.ENi u I .�p E` s aF� / O Da] W O 7 _1 CARNATION AVE. 9TREEi CURD LIRE PREDOMINANT LINE OF DEVELOPMENT MEDIAN DISTANCE FROM STREET CURB TO CUHO OQ who wo< aoZ N I NO 1 �I 3 I I L III f I 1 x I � I I F Q I (D m C) I W s W O WNZ hoW m02 1 1 S LL xw0 W l WFQ l co l 1 <= ® W 7 I I i O ED E` ll�f SM O O ci 0 I 7 \31 BAYSIDE PLACE El I IN CARNATION AVE PREDOMINANT LINE OF DEVELOPMENT - MEDIAN DISTANCE FROM BLUFF LINE TO FURTHEST LINE OF DEVELOPMENT TOWARDS BAY Ll z LD W 1- < < z wo< <�z 0 w -0 C) Ill o Z 0 m UJ �> �uww I Z 0 0 w Qf ow WW m 1- of n 2 OCEAN 9' OBLVD 0 RAYSIDE PL. 10* _0 PR OPOSED (C 5, LDWQ STRWGLIhE JA) F/ 1 3 SAYSIDE PL. z 0 Q 2 Z WHO <�z 0 -0 SAYSIDE PLACE i1i t 221 CARNATION f I'll W I I , YE 6rl� Pi R 10 N� .2M m � R § ---- --------- -- - ----- § z X 0� W CARNATION AVE. > LVD, z 'I' PREDOMINANT LINE OF DEVELOPMENT ..... ...... ... lZ 2695 OCEAN BLVD: � � I Al fU -0 tOt m£� 103 ��d BAYSIDE PL. �.�e'E�:�; BAYSIDE PL. '-any 6° pO p Q W_<w } \ QUO Q0Z 00 4i. -r'I 1 ° p o:`�'� ? ,� •,fit' \ h.,5 � ,.�yy,��.(�,�� R; � � I E ,• a ISt •,: d OCEAN BLVD. I,I } J 201 207 221 - i C RNATION ' CARNATION � r m O.m I p < r I All; ( it I Z F- m p !Ew' ' CARNATION AVE. w o NZ p oz i 2 J Q0 501 i OCEANBLVD. m p W 2525 Z PREDOMINANT LINE OF DEVELOPMENT - g O I ocEAN BLVD. W MEDIAN DISTANCE FROM MEAN LOW TIDE TO O I U II CLOSEST LINE OF DEVELOPMENT TOWARDS BAY FYNIRITr I JIM f f . 2695 OCEAN BLVD: � � I Al fU -0 tOt m£� 103 ��d BAYSIDE PL. �.�e'E�:�; BAYSIDE PL. '-any 6° pO p Q W_<w } \ QUO Q0Z 00 4i. -r'I 1 ° p o:`�'� ? ,� •,fit' \ h.,5 � ,.�yy,��.(�,�� R; � � I E ,• a ISt •,: d OCEAN BLVD. I,I } J 201 207 221 - i C RNATION ' CARNATION � r m O.m I p < r I All; ( it I Z F- m p !Ew' ' CARNATION AVE. w o NZ p oz i 2 J Q0 501 i OCEANBLVD. m p W 2525 Z PREDOMINANT LINE OF DEVELOPMENT - g O I ocEAN BLVD. W MEDIAN DISTANCE FROM MEAN LOW TIDE TO O I U II CLOSEST LINE OF DEVELOPMENT TOWARDS BAY FYNIRITr Q K 9PL. 103 BAYSIDE PL. p < < a: < z �o E f 0 PNOPOSED X BAYSIDE PLACE BUILDING F-722-1-1 BUILDING ICARNATION S"INGUl (A) 18 i I apg < - ------------------ - -------------- z CARNATION AVE. ------ V5 OCEAN BLVD. z PREDOMINANT LINE OF DEVELOPMENT .... ........ . . ....... r. m 1111110 OUTLINE OF EXISTING BULIDING PROPOSED — DEVELOPMENT PROPOSED DECK j-- ON NMI - - - - - - - - - __ - -_ - --- - - - - - - - - - - -_ -J PUBLIC VIEWPOINT: PROJECT TO PROVIDE NEW PARK BENCH AND DRINKING FOUNTAIN FOR PUBLIC USE Z ci LLJ > U _j 0 co CARNATION AVE. LI u7j Z X < < z < wc) < 0 C) ON NMI - - - - - - - - - __ - -_ - --- - - - - - - - - - - -_ -J PUBLIC VIEWPOINT: PROJECT TO PROVIDE NEW PARK BENCH AND DRINKING FOUNTAIN FOR PUBLIC USE Z ci LLJ > U _j 0 co CARNATION AVE. LI u7j Z X r7 i -- V N F, Na PLAE / \ LOT SIZE 148146E 101 BAYSIpE C ~ 95 OC BLVD: L l' \ \ \ \ l \ -0' BAYSIDE PLACE ss. r� ;/ //I I v / —TI Ir/ 11 / /I" / / / ✓ N / M1 20i CARNATION / I , I RL GI,012 SF ]15 NATION OP T IBB 6F 0i. 5.0135F I <8F , B6C: 3.00 SF B3i I I I ssc sB30 sP -ro% I I , B% U /s {Y�bbA'B I. 50.3�Y Z2 I I � �, Bsc wne. 1_ CARNATION AVENUE {SC 3BA35F' Z% LOT: 3.DT6 F / pZBb. (] YBS. 25000CEAN H / Sq F.Y.B.B. / R.Y.S.B. � esc 2,513 sF65% J m L/ __L_ L__� Z T W r m/ 35,mccE eL O LL__5C:3.0 SF..BE!4 ALLOWABLE BUILDING SITE COVERAGE EXHIBITI I acALB: r • m.o.. LD Q H 2 w�W wU� QoZ N � O oU N 1 I i E �! !�I i W W O O w F F to m0 — Z Xo XJ W5 m W J FD 3 O J a OUTLINE OF EXISTING BULIDING PROPOSED DEVELOPMENT Z PROPOSED DECK 4z Q ,z I J z < z wow 2 wu< 0 0 f Ig PUBLIC VIEWPOINT: PROJECT TO PROVIDE NEW W PARK BENCH AND DRINKING > FOUNTAIN FOR PUBLIC USE CARNATION AVE. ED :C :i C) X m U-1 Z U 0 co VAIVA FA-71, aw 0 O N /.\ J' 2V T on ail Applications for Tentative Map, General Amendment, Zone Change, Lot Line Adjustment, Coastal Residential Development Permit, and Modification Permit D . Z70 �1il�c! .'.rtan�J'e lY`it�mcia, _ (sns ® ODIFI ATION PERMIT .P L[8aA I0N PLANNING DEPARTMENT aol Caff'o'kicni carrvvon Project Address: "tL . . •Ji...a . • Ea .. a ,�f?ropert34 wner(s,) =Inforr>aatlon �S�,z of Owner(s): Owner's mailing address: Phone Number : F11 N b 4 r Owners Emallr/ktl`dress L�YY9 ��tsinwr2r„' rlrtre �r� .. x... Applicant's Eigand'1 Q "- zz s Ye e♦ O . s e - ContactNName: _ Contact's malting address. �fr Phone Number` Numbe .. ' Contact's Email Aress (1) (We) TVP A1tedno -A and say that (I am) (we are) the owner(s) of the property (ies)•irftPv [i_tn this "'aPplic2hon =1(I)" (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the.. information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s) Please Print :6xv\� Nemec NOTE: An agent may sign far the owner if mittenauthonalion from M record owner is filed with the application. f:IUSERSIPLNISharefformslNew For ms4A ,pllcationsW,,Iapplioation.doc Dated 05-05 -05 D-Z? ;7 tPCir-SID'E Project Description and Justification (describe briefly): eron {- r. n i;. nAW4 :,a 10'4{ . YP4iLIlJ iOA CZY7dliNiV)6JL a M Ql&kYrGYL? Wd— vLa1 Work to be •• 'iN•. 3 , w. `&./. L /i �u a.a Ala 1.11. f.� adiekin , •;. Posting /Mailing date: Fee Paid: Zoning Administrator's Action: Date of Zoning Administrator's Action: Receipt M Coastal Zone: ❑ Yes ❑ No Form of Payment: General Plan Designation: Zoning District: Cheek # (if applicable): F :%USERSIPLNISharedlForms\New FormsVWplicationsUvtodapplication .doc Dated 05 -05-05 r L J p. 27Y C E In order to review and evaluate your Modification Permit Application, please provide responses to the three required findings listed below. The intent of the code is to establish objective reasons or facts in support of the Modification Permit Findings utilized by the Zoning Administrator in the decision making process. Therefore, effective November 23, 2004, all Modification Permit,Applications received in the Planning Department shall include a writiert applicant's statement adtlressing-tbe three required findings listed below. Please note: Appitca'tions submitted ttbopt the accompanyincf statement may be deemed incomplete and may cause a delay in the` -,pppf tjt1Rd prd'ce s. Required Additio 'I Information ' k Please provide,; detailed description of the Proposed requestin rela on t e h.-of thl findin below. In addttionr G tate only tf'e bbjective Apasons Or requestin o ification'ermi additional s(ieets if nece ry) '`r :f �'` �` 'II ' �i iv A 3+zT J1%" E'.. "iG"• { i LC A Why)'is the, ranGngSOf«hls applicators necessa t due to praaccd difficulties s oiated1l prope ly tan ¢ , yt the strlc appllcaUon -tof tF a nin Code results in physical [ ardsh"ps Inc with tF a pu ose. nil infent;of tite Zoning Code? " } B. Howjvdithe eq e teii modifeattot mR aUbl ij tit (s)ii etghbgr s listed (attach the C. How and why Hill the gra fi ofsuch an applica4on otader3ely affect the health or safety of persons residing br working. in Thee gtZrdf'the r e[ty a}�d not'be defh'iiiental to the general welfare or injurious td°properfy &J mom,1 men i ;fhf ne orhoodv r _AdiA[}kt D SHE F� -A m fn C.y-w ,r ri Name Signature V For Office Use Only F:IUSERSIPLN1SharedlForms\New FormsYApplications \Modapplication.doc Dated 05 -05 -05 b. 27q Brion Jeannette Architecture August 16, 2005 Modification Questionnaires for Aerie (201 -207 Carnation) A. Why is the granting of this application necessary due to practical difficulties associated with the property and why the strict application of the Zoning Code results in physical hardships inconsistent with the purpose and intent of the Zoning Code? Due to the existing site, irregular shape, topography, submerged lands and site slopes of 2:1, I believe the required side yard setback is out of scale with others in this neighborhood. It seems inappropriate to require a side yard setback that is greater than a front yard setback. In addition, 65% of the lot consists of submerged land and slope area more than 50 %, which reduces the usable area for the site and provides only a limited flat pad area to work with. B. How will the requested modification be compatible with existing development(s) in the neighborhood? Our proposed and the code required side yard setbacks are greater than most properties adjacent to this site. Our proposal to encroach 5' into the front yard setback is below grade — above grade is required at 10' with no encroachments. This 5' front yard encroachment is consistent with the approved residence north of this site. C. How and why will the granting of such an application not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood? • Physical mass is reduced due to the 30' -0" wide setback elevated at second and third floor of the East side. This helps the ability for sunlight and fresh air to reach neighbor's patio. Also, the reduced mass will provide a view corridor to the bay and beach for neighbor's enjoyment. I have designed this project with an approximate 30' side yard setback above the first floor. This will reduce the mass of the structure and allow sunlight, views and breezes to surrounding residences. The granting of this request will "enhance" not adversely affect the health and safety of residents. • The proposed 9 -unit project is less dense than the existing 14 unit apartment building and single family home. The resulting decreased automobile traffic will also reduce the air and noise pollution around the neighborhood, which will provide a healthier environment for everyone. 470 Old Newport Blvd. Newport Beach. CA. 92663 Phone: 949.645.5854 Fax: 949.645.5983 email@customarchitecture.com /9 . 2sa �cwro4 CITY OF NEWPORT BEACH Application: COMMUNITY AND ECONOMIC DEVELOPMENT i PLANNING DEPARTMENT } I i II6Ii m, 3300 NEWPORT BOULEVARD ® NEWPORT BEACH, CA 92658 (949) 644 -3200: FAX (949) 644-3250 l PART I: Cover Page .Project Common Name of applicable): Aerie ❑ Use Permit. No. • Planning Director's Use Permit No. • G.P.A. /Amendment No. • Variance No. ]�.�tU2,�ut, +t�.�tv�lt�n�4t4 rZo+u� FEES: APPLICANT (Print): Advanced Real Estate Services,Inc. CONTACT PERSON (if different): Brion Jeannette Architecture Mailing Address: 22974 El Toro Road Lake Forest, CA 92630 MailingAddiess: 470 Old Newport Boulevard Newport Beach, CA 92663 Contact: Robb Cerruti Contact: Airy Creager Pltone:(949)595 -5900 Fax(949)595 -5901 Phone: (949)645-5854 Fax(949) 645 -5983 Property Owner (if different from above): Corona Cove Partners (APN 052- 013 -13) The Caryll Mudd Sprague Trust (APN 052- 013 -12) and Robert R. Sprague Living Trust (APN 052- 013-21) Mailing Address: 470 Old Newport Boulevard Newport Beach, CA 92663 Phone: ( 949) 645-5854 Fax (949) 645 -5983 ® 201 & 205 Carnation Avenue Beach, CA 92625 (APN 052- 013 -13); PR03ECTADDRESS: 207.Cargation Avenue; Newport..BeacFx -CR 92625 (APN 052- 13 -12)c 101 Bayside Place, Newport Beach, CA 92625 (APN 052 - 013 -21) Project Description (If applying for a variance, also complete attached form for required findings.): A general plan amendment and zone change application to reconfigure the general plan land use designations and zoning boundaries for APNs 052- 013 -12, 052 - 013 -13 & 052 - 013 -21 so that the general- plan land use designations and zoning boundaries are consistent with the proposed Aerie residential development project boundary,. to be established by its lot line a to tant n an en a ivi e tract Map Rica 11 r .rr PROPERTTY(�OWNER'S AFFIDAVIT (I) (We) L -I J ' -1LLI (0%, , , 0� QY' R1((%1`1 depo e sa property(ies) involved in-this appli anon. (1) (We) further certify, under o answers herein contained and the information herewith submitted are in 11 spe knowledge and belief. j Signature(s) %that (I ant) (we are) the owner(s) of the mrjury, that the foregoing statements and true and correct to the best of (my) (our) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. 0,Zy/ PART II: Project Data Sheet Project Common Name: Application Number(s): Aerie Zoning Code Requirement Project Address/Location: 201, 205 &. 207 Assessors Parcel Number(s): Carnation Avenue, New..ort Beach& a 052- 013 -12, 052 - 013 -13 & 052 - 013 -21 portion of 101 Rayside Place, Newport 132 FT. "Av§' ,. Beach Legal Description (Attach on separate sheet, if necessary): Bei og a portion of Block D of Coron del Mar, as shown on a map recorded in Book 3, Pages 41 and 42 of Miscellaneo Maps, Records of Orange County, California. Existing Land Use: Vacant, mul ti -fami ly Proposed Land Use: struct=ure & single - family residence .. Multi- family residential Zoning District: MFR & R: -2 Land Use Designation: SFA, TFR & MBR C u O'zk2 Existing Development Proposed. Development _ Zoning Code Requirement Lot Area(sf) 60;697 SF 61,282-SF 5,000 SF Lot Width (ft) 132 FT. "Av§' ,. 132.79.FT Avg. 50 FT Lot Depth (ft) 373 FT Avg. 373.83 FT Avg. Setback Yards Front(ft) 8 FT 50 TT_Above.ground Sub t rranpaik 10, FT Side (ft) 5 FT 5 FT /7 FT -,.6 inclie 8 %dof Avg. lot th Bayside Place -Side 18 )=T 10 F7 - 7 inches 8% of Avg. lot width Rear (R) 226 FIT 212 FT - 2 inches 10 FT Gross Floot Area (sf). 1;864 SF tt spi ngleenfia .. 74,533 SF 76,250.82SSEmax. Buildable Area 1.5 X BA 5D,fl33.88 SF 8uildingCoverage( °i °) NJA buildable area governs Full coverage minus setbacks -Building .Height (ft). X —C MAX . 28 FT/ 32 FT 28 FT /32 FT Landscaping CA) N/A N/A Paving ( %) N/A N/A Parking 9 covered total covered 18- res. /7 guests 23 arking spaces g Number of Employees N/A N/A N/A Hours of Operation N /A. N/A N/A Number of seats N/A N/A N/A Dwelling Units 14- apartment 1 -sin le dwelling 9 units 9.6 units C u O'zk2 J A Proposed General Plan Land Use Designations Cie 0 a- LL, z Q Al, �o � G,p �9\ CITY OF NEWPORT BEACH Proposed Lot Line Adjustment Legend MFR - Multi-Family Residential TFR - Two-Family Residential PREPARED FOR PREPARED BY: .rum _.aWp DVANCED '4k F:\ 0136\ Planning \OA—P,.iect \Exhibits \General Plaa Load Use DesigaaUoa.dwg PDF created with pdfFactory trial version www.pdffactorV.com p , 2a' 3 Proposed Zoning CITY OF NEWPORT BEACH Proposed Lot Line Adjustment F:\ 0136\ Planning \UA_ProjeCt \Ex bibits \Ce nerol. Plan Land Use Designolion.dwg PDF created with pdfFactory trial version www.pdffactory com d _ Z& y TENTATIVE MAP APPLICATION No. CITY OF NEWPORT BEACH Application Recd by: PLANNING DEPARTMENT Fee. $`FOR $ per 3300 Newport Boulevard J lot (whichever is greater) P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3200 APPLICANT (Print) Advanced Real Estate Services, Inc. PHONE .(949) 595 -5900 MAILING ADDRESS 22974 El Toro Road, Lake Forest, CA 92630 Corona'Cove Partners (APN 052 - 013 -13) The Caryl] Mudd Spraque Trust PROPERTY OWNER (APN 052 - 013-12) & Robert R. Sprague Living pHONtE (949) 645 -5854 u - - c i ec urg- MAILING ADDRESS 470 Old Newport Boulevard, Newport Beach, CA 92663 ADDRESS OF PROPERTY INVOLVED 201 Carnation Avenue, 205 Carnation Avenue, . 20.7.Carnaton: Avenue and a portion of 101 Bayside Place, Newport Beach, CA 92625 ZONE MFR & R -2 PRESENT USE Vacant Apartment Building & Single Family Residence Legal description of Property Involved (if too long, attach separate sheet) Being a portion of Block D of Corona Del Mar, as shown on a map recorded in Book 3, ® Pages 41 and 42 or Miscellaneous Maps, Records of Orange County, California. List any exceptions requested from standard subdivision requirements No exceptions from standard subdivision requirments are-being requested at this time. Signature of Applicant or Agent _ DO NOT COM Date APPLICATION BELOW THIS LINE Date Filed Fee Pd. Receipt No. Hearing Date p.2RS 09/1.712005 10:40 9496443229 CNB PLANNING. CITY OF NEWPORT BEACH COASTAL RESIDEN'HAL DEVELOPMENT PERMIT APPLICATION (CRDP) Planning Department 3300 Newport Boulevard Newport Beach, California 92658 -8915 (949) 644 -3200 Application Number _ Ppplication Received by Fee PAGE 01 The purpose of the Coastal Residential Development Permit application is to ensure compliance with applicable requirements of California Government Code Section 65590 et seq. and Chapter 20.86 of the City of Newport Beach Municipal Code. These codes and policies require the preservation or replacement of existing affordable housing and they promote new affordable housing within the Coastal Zone. PART A Do Not Complete Without Owner's Affidavit On Page 3 Mailing � Property Address of Property Involved -V Jbi tL�jm "-km , LbgYb� ywN - nA q--Kpa�-> Ugal Descri tion of P erty Involved f too long, attach separate sheet.) ►� I ♦�y_Y r.' V., '.,� Iu . ♦Li" \�_ .: Via. __ '1... e ! ' k3 —: ,� v" w-. tae' • •: 1. i� l fi_l�: Number of Residential Structures Currently Onsite I L)jj SIT 1:5"Va / 1 MWA&t=Y Krnlmw-p- Number of Residential Structures to be Demolished/Converted Ai.l. Tom. trtoit�HFn Number of Residential units Currently Onsite 14 uw-Y I 1 -Zaaa€ r M&t Aso. Number of Residential Units to be Demolished/Converted ALL -To W t �M115HEb Number of Residential Un is in each Structure A / 1 Number of Residential Units in each Structure to be Demolished/Convcrted ML IC) M l7i�VIFP Description of the Proposed New Development AtW 9-wit t. :.: a WtAlj tLAWNG 6 . V Number of Residential Units Proposed `i -Wl-r ttxlj�pMwrur? If the structure is being demolished as a public nuisance as defined by the State !Health and- Safety Code or City Ordinance, describe those factors causing the existing residential unit to constitute a nuisance. (Attach additional sbeets if necessary) Mjjf s * ** DO NOT COWLETE APPLICATIONBELOW THIS NE LA * *° inn Der Al Pnt I }� Jrinnn n- -r4l.A Chapter 20.86 Not Applicable Part B Not Required Determination by Chapter 20.86 Applicable Pmt 13 Required 0. ZEI (o 1//2005 10:46 5456143229 CNE PLANNING PAGE 03 Application Number ® Tenants: For the purpose of this application the City of Newport Beach considers all persons and families who occupy a residential rental unit for a period greater than 45 days to be tenants. Eviction: The City of Newport Beach recognizes legal or court actions and actions such as rent increases beyond the current market rate, avoidance of state mandated maintenance, harassment and other such actions which result in a tenant vacating his living unit against his/her will as an eviction. OWNER'S AFFIDAVIT* (1) (die) 1� 1 &— bj) ji, yjL4 depose and say that (I am) (we are) the owner(s) of the propeity(ies) involved in this application. (1) (5Ve) ho[t]ter certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature (s) ` 'NO'T'E: An agent may sign for the owner if written authorization from the record owner is filed with the applicant. * ** DO NOT COMPLETE BELOW THIS LINE - * ** Date Filed: Fee Pd. Hearing Date: Posting Date Mail P.C. Action Tlnfe C.C. E Receipt No. Hearing PIn\xharcd�fo m kerdp Page of 0.287 ,7/2005 10:40 PART .B 9456443229 CNB PLANNING PAGE 02 Application Number) If proposal is for non - residential use_ why is a. residential use no longer feasible on this site: (attach additional sheets if.ueccssary•). 14 ALL - 7H4MT5 VACATED o1J IBC t StflE3 List of all current tenants (sce definition below).wrw� C1-4 Y T S Tenant Name WP, r Date of Tenancy Current Residence Phone ( ) Number of Bedrooms Current Monthly Tncome Business Address ._ Phone ( ) Mailing Address. C Tenant Name wilt Date of Tenancy Current Residence Phonef 1 Number of Bedrooms Current Monthly Income Business Address Phone( 1 Mailing Address Tenant Name 61b: Date. of Tenancy Current Residence Phone ( ) Number of Bedrooms. Current Monthly Income Business Address- Phone ( ) MailingAddress ATTACH ADDTIT.ONAL SHEETS IF NECESSARY FOR ALL TENANTS For those tenants involved in any eviction (see definition below.) or legal action within. the previous twelve months, please provide the following. Tenant Name W— Address from which Evicted Monthly Income at Time of Eviction Residence Address Business Address Mailing Address Court Namc Con Case Number Case Name Description of case or action taken to cause eviction _ Date Tenancy Began Address of Bedrooms Phone: TenantName L 1& Date Tenancy Began Address from which Evicted Monthly Income at Time of Eviction Number of Bedrooms Residence Address Phone ( ) Business Address Phone { ) Mailing Address Court Name Court Address Case Number Case Name Description of case or action taken to cause eviction ATTACH. 4,DDITIONAL SHEETS IF NECESSARY Page 2 of 3 HUNSAKER &ASSOCIATES I R V I N E. I N C. PLANNING August 12, 2005 ENGINEERING SURVEYING • GOVERNMENT RELATIONS Ms. Patricia Temple IRVINE Planning Director LOS ANGELES CITY OF NEWPORT BEACH RIVERSIDE. 3300 Newport Boulevard SAN DIEGO Newport Beach, CA 92658 -8915 Subject: Aerie — Proposed Multi- family Residential Development Tentative Tract Map 16882, General Plan Amendment Zone Change and Lot Line Adjustment Dear Ms. Temple: FOUNDING PARTNERS: On behalf of Advanced Real Estate Services, Inc., Hunsaker &Associates Irvine, Inc. is submitting Tentative Tract Map 16882 for the City of Newport Beach's review. RICHARD HUNSAKER Tentative Tract Map 16882, also know as the Aerie development, is located generally TOM. R. MCGANNON northwest of the intersection of Carnation Avenue and Ocean Boulevard within the JOHN A. MICHLER Corona del Mar area of the City of Newport Beach. The project site consists of DOUGLAS G. SNYDER approximately 1.4 acres (61,284 square feet) of gross area with a portion of the site being part of Newport Bay and under sea level. Assessor parcel numbers 052 -013- 12, 052- 013 -13 and a portion of 052 -013 -21 make up the project area. The proposed ® subdivision will consolidate the project site's two existing parcels and a small portion of a third parcel into a 1.4 acre lot for condominium purposes. Currently, the existing project site consists of two existing residential buildings; a PRINCIPALS: single family residence located at 207 Camation Avenue and the 14 -unit vacant DAVID FRATTONE apartment building located at 201 and 205 Carnation Avenue. The existing structures FRED GRAYLEE will be demolished as part of the grading and site preparation for the proposed multi- BRADLEY HAY family building with nine condominium units and its corresponding subterranean PAUL HUDDLESTON parking, freight lift, swimming pool, multi - purpose room, wine cellars and patio areas. KAMAL H. KARAM Several entitlements are associated. with Tentative Tract Map 16882. Along with DOUGLAS L. STALEY Tentative Tract Map 16882 for condominium purposes, a lot line adjustment will be KRIS WEBER concurrent JOSEPH E. WIGHTMAN IY Processed to reconfigure the ownership lines for assessor parcel numbers 052- 013 -13 and 052- 013 -21 to incorporate an additional 539 -square foot triangle - shaped area of land into the project site. The lot line adjustment was previously submitted to the City of Newport Beach in November of 2004 and has been put on hold per City Staffs direction so that it could be processed concurrently with the project's other applications. Furthermore, to reconfigure the area's general plan land use designations and zoning into one consistent land use designation and zoning district for the project site, a general plan amendment and a zone change will be processed. The general plan amendment will change the portions of the project site which do not have an existing general plan land use designation of Multi-Family Three Hughes Residential from Single Family Attached and Two- Family Residential to Multi - Family Irvine, C.Iff..ia Residential. The project's zone change will adjust the zoning boundary of the small 92618.1021 triangle portion to be added to the project site with the lot line adjustment by (949) 583 -1010 PH (949) 5834)7$9 F% r..h.nsAk ,.eom 0, 29, 9 Ms. Patricia Temple CITY OF NEWPORT BEACH August14,2005 Page 2 changing its zoning to Multi - Family Residential from R -2 (Two- Family Residential) so that is consistent with the balance of the project area. With the general plan amendment and zone change, the general plan land use designations and zoning boundaries will be coterminous with the proposed tentative map boundary and consistent with the project's proposed land use. Thank you for your consideration of proposed Tentative Tract Map 16882. If you have any questions or need additional information regarding the proposed tentative map, please give me a call at (949) 768 -2541. Sincerely, HUNSSAKER & ASSOCIATES IRVINE, INC. { n!1 Ted D. rattone Planning & Government Relations TFthb xc: Robb Cerruti, Advanced Real Estate Services, Inc. Rick Julian, Advanced Real Estate Services, Inc. Amy Creager, Brian Jeannette Architecture Kim Svitenko, P &D Consultants Phil Dowty, H &A W.O. 0751 -5 (Ac \wo\0751- 51-01- 1f.doc) J E p. 290 E 0 n u Notice of Intent for Mitigate Negative Declaration lzl'EVUP0 CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 u ,r Newport Beach, CA 92658 -891.5 cy oaN1r (949).644 -3200 Mitigated Negative Declaration To: From: City of Newport Beach Planning Department X® Office of Planning and Research 3300 Newport Boulevard - P.O. Box 1768 P.O. BOX 3044 Newport Beach, CA 92658 -8915 Sacramento, CA 95812 -3044 (Orange County) County Clerk, County of Orange Public Services Division P.O. Box 238 Date received for filing at OPR /County Clerk: Santa Ana, CA 92702 Public review period. February 13th through March 15, 2007 Name of Project: ARIE (PA2005 -196) Name of Project Proponent: Advanced Real Estate Services, Inc., 23792 Rockfield Blvd. Suite 100, Lake Forest, CA 92630 Project Location: 201 -207 Carnation Avenue & 101 Bayside Place, Newport Beach, Orange County Project Description: Demolition of an existing 14 -unit apartment building and single - family residence to construct a 7- level, 9 -unit condominium complex, appurtant facilities, grading and maintenance improvements to an existing private dock. Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City of Newport Beach has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is 1XI attached ❑ on file at the Planning Department. The Initial Study includes mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - maker(s) prior to final action on the proposed project. The Planning Commission will hold a public hearing to consider this project on at 6:30PM on February 22, 2007 in the Council Chambers in City Hall located at 3300 Newport Blvd., Neweport Beach, Ca 92663. Additional plans, studies and/or exhibits relating to the proposed project are be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. If you have any questions or would like further information, please contact the undersigned at (949) 644 -3200. Date C). 0 92 E n U \i jR , Staff's Comments 0.293 December 22, 2006 City of Newport Beach David Lepo, Director Planning Department Dear David, I want to thank you and Jim Campbell for meeting with us last week to discuss the Aerie project. The following are our responses to the concerns you had relative to our project and the CLUP /General P Ian. The "Aerie Project Overview dated May 2006, will be referenced below and I will add my comments to the "Overview" for further clarification of your questions. The seven sections identified below were your primary areas of concern. The other sections appear to be resolved or not applicable. The Coastal Land Use Policies applicable to the Aerie Project are: Concern #1 4.4.1 -1 Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. • 'Review "Overview" (A) page 20, (C) page 23, (A) page 24 • The existing 57 year old apartment building is in disrepair, has many building and zoning code violations and does not enhance the public views. • The new project will add to the unique architectural character of the community. • The building steps back following the general slope of the site while protecting the coastal resources. Concern #2 4.4.1 -2 Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. • Review "Overview" (A,3) page 11 • This project protects 75% of the site including the rock out croppings and cove. • This development is landward of all existing buildings. J C). zqy ® Concern #3 4.4.1 -6 Protect public coastal views from the following roadway segments: Ocean Blvd. • Review "Overview" (A) page 20, Exhibit J, K • The guideline states to "protect" the public views. • This project actually increases public views. The existing sideyard setback creates a view cone of 25° as viewed from Ocean Blvd. • The proposed project increases the view cone to 320, and the setback increases by 7° or 5.25' as viewed from the street. • See attached Exhibit "N ", Public View Cone. Concern #4 4.4.2 -2 Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. • Review "Overview" (c) page 14, IV page 19, Exhibit I • The unique architecture contributes to the character of the neighborhood. The levels terrace back as it ascends the slope; unlike adjacent projects. • The zoning code allows a 28/32' building height across the full Carnation Avenue building elevation. The project height on the northerly 28' has been reduced to 17' from the street curb. • The reduction of height effectively reduces the mass of the building. Concern #5 4.4.3 -8 Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in ® Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible. • Review "Overview" (A,2) page 11, (A;4) & (B) page 12, (D,1,2,3) page 14- 18, ExhibitE,F,G,H • The predominant line of development establishes consistency of seaward development. This project meets that goal. • This project protects the lower portion of the bluff and all of the rock out croppings and cove at the bay. Any feasible alternatives will likely increase density and make the view smaller. • "No development" or less density is not a feasible alternative. Concern #6 4.4.3 -9 Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. • Review `Overview' (A,2) page 11, (A,4) (B) page 12, (D 1,2,3) page 14- 18, Exhibit E,F,G,H 0. Z 9S • This project "protects public coastal views" by "increasing" the views from Ocean Blvd. and Carnation Ave. • The accessory improvements (sunning patio adjacent to cove) presently exists and is smaller than all adjacent structures. • The "predominant line of existing development" has been defined by the California Coastal Commission through the approval of CDP #: Palermo 5 -05 -328 Elieff 5 -04 -466 Tabak 5 -01 -191 Halfacre 5 -03 -100 Circle 5 -05 -095 ® See attached excerpt of Appendix A, CDP #5 -05 -328 Palermo Staff Report. Revised findings approved November 11, 2006. Concern #7 4.4.3 -16 Design land divisions, including lot line adjustments, to minimize impacts to coastal bluffs. • Review "Overview" (A paragraph 4), page 6, Lot Line Adjustment Application Encl. • The lot line adjustment is a minor transfer of (584 sq. ft.) area from R -2 to MF4. This adjustment does not increase impact to coastal bluff any further than the existing building at this triangular portion of the site. • See attached Exhibit "M" Lot Line Adjustment. In August 2005, Pat Temple told me the application was complete and was the most thorough she had seen. Please publish the MND as soon as possible in anticipation of the February Planning Commission Hearing . David, after you review this information please give me a call if you have any additional questions. Thank you and have a wonderful holiday. Sincerely, Brion S. Jeannette Architect, AIA Attachments Copy: Rick Julian Robb Cerrutti Tim Paone u `SCALE: 1"=20' \ o 0 NEW PROPERTY LINE II OLD PROPERTY LINE ILII A = BUILDABLE AREA WITHIN LOT LINE ADJUSTMENT moo. B = SETBACK AREA WITHIN LOT LINE ADJUSTMENT AI QO 101 BAYSIDE DRIVE ` APN 052 - 013 -21 ` -' - - AREA CALCULATION WITHIN LOT LINE ADJUSTMENT (LLA) A = BUILDABLE AREA 339 SF B = SETBACK AREA 245 SF TOTAL LLA AREA 584 SF PECENTAGE OF LLA & LOT SIZE LLA 584 SF LOT SIZE 60,700 SF % 0.96 OQ Q�a?/ O ` - - -- \ s s / 0.96%—/ 7 e PROJECT IN QUESTION I / I 201 -207 CARNATION AVE. ' i a APN 052 - 013 -13 i'e♦ a I � o' SCALE: \ 1 „ =60' .® F9 \ � e e® LOT LINE ADJUSTMENT �P GQQ- BRION JEANNETTE ARCHITECTURE IPRO- IECT:AERIE 4-10 OLD NEWPORT BLVD. N.B, CA 92665 949 - 645.5854 DRAWING: LLA EXHIBIT EXHIBIT M SCALE: DA-M /2242006 o.2l7 5 -05- 328 - [Palermo] Regular Calendar Page 18 of 21 ® Appendix "A" A. 3431 Ocean Boulevard (Located 6 lots down -coast from the subject site):CDP No. 5 -01- 191- frabakl ,l °•1 At the January 2002 Commission Hearing, the Commission denied Coastal Development Permit Application No. 5 -01- 191- [Tabak] for the demolition of an existing three (3) story single - family residence and construction of a new single - family residence. The proposed structure would have covered virtually the entire upper and lower bluff face areas. The primary issues of the proposed project were the appropriateness of approving the project given landform alteration, the importance of preserving scenic resources, the seaward encroachment of the development, the community character, and impacts to public access. In denying the proposed development, the Commission found that the project, as submitted, was primarily inconsistent with the Sections 30240, 30251 and 30253 of the Coastal Act and the City of Newport Beach Land Use Plan (LUP) regarding coastal bluff sites. At the January 2003 Commission Hearing, the Commission approved Coastal Development Permit Application No. 5 -02- 203- [Tabak] for the demolition of an existing three (3) story single- family residence and construction of a new single- family residence and also demolition and replacement of existing wooden staircase'to the beach. The proposed project had been reduced compared with a prior proposal (CDP No.'5 -01 -191). The Commission found that the proposed development was consistent with the pattern of development in the immediate vicinity and the project would not have a cumulative a verse impact on visual coastal resources. Under this proposal, living space additions the I c.l 3431 Ocean Boulevard (Located 6 lots down -coast from the subject site): CDP No. 5-02 - �—'1 203- A1- ITabakl At the March 2005 Commission Hearing, the Commission approved an Immaterial Amendment to Coastal Development Permit Application No. 5-02- 203- A1- [Tabak] that proposed redesign of the previously approved project including revision of an approximate 22 -foot long portion of the previously approved stairway located at the base of the bluff and also the grading would now consist of 3,400 cubic yards of cut and export to an area outside of the coastal zone. No habitablearea wou :extend past the approved line of j).299 5 -05- 328- [Palermol Regular Calendar Page 19 of 21 D`] 3425 Ocean Boulevard (Located 5 lots down -coast from the subject site): CDP No 5-03 - a_. -t,_ 1004FIalfacrel At the January 2005 Commission Hearing, the Commission approved Coastal Development Permit Application No. 5 -03- 100- [Halfacre] for'the conversion and addition to an existing basement to living area, construction of a new basement -level deck, .construction of a new sundeck on the bluff face that does not extend any further than the '.83-fool contour line, a new stairway connection to an approved stairway leading down to .the toe of the bluff located on the downcoast adjacent property (i.e. Tabak), removal and .,replacement of existing side yard and rear yard fences, and after -the -fact approval of two 2id floor decks on the seaward side of the existing single - family residence. The primary 'issues before the Commission were the appropriateness of approving the project given the importance of preserving scenic resources, minimizing landform alteration and avoiding development in hazard prone locations. The Commission found that the proposed development, as conditioned, was consistent with the pattern of development in the immediate vicinity an the project wou ld not have a cumulative adverse : moact on E. ;'1,3415 Ocean Boulevard {Located 4 tots down -coast from subject site): CDP No. 5-01-112 - Ensi n At the February 2002 Commission Hearing, the Commission approved Coastal Development Permit No. 5 -02- 112 - [Ensign] for the after- the -fact authorization of a new switchback bluff face.stainvay with keystone -type earth retention blocks, landscaping and in- ground irrigation. The primary issues before the Commission were the appropriateness of approving the project given landform alteration, the importance of preserving scenic resources, community character-'and impacts to public access. As submitted, the proposed project raised issues with Sections 30240, 30251 and 30253 of the Coastal Act and the City of Newport Beach Land Use Plan (LUP) regarding development on coastal bluffs. The Commission found that the proposed stairway that may have followed a pre - Coastal Act pathway,.as conditioned, does not present an adverse visual impact because it follows the natural topography of the bluff, was effectively screened with vegetation and was consistent with the character of the surrounding area. F 3415 Ocean Boulevard (Located 4 lots down -coast from the subject site)' CDP NO 5 -05- 095- [Circlel At the October 2005 Commission Hearing, the Commission approved Coastal Development Permit Application No. 5 -05- 095- [Circle] for the demolition of an existing . approximately 2,100 square foot, two (2).slory single family residence with an attached garage and construction of a new 4,488 square foot two (2) story single - family residence with a basement and an attached 388 square foot four (4) car garage. Associated construction consisted of: a 141 square foot basement deck, a 392 square foot 15, floor deck and a 383 square foot 2 "0 floor deck. The foundation for the residence consisted of a caisson and deepened conventional footings system. The primary concern before the J 0 . 3d-o C E 5 -05- 328- [Palermo] Regular Calendar Page 20 of 21 Commission on this matter were to assure that the project conformed to the predominant line of development such that scenic resources were preserved, landform alteration was minimized and development in hazard prone locations was avoided. The Commission found that the proposed development, as conditioned, conformed to the oredaminnnt line or oevetoomenr ano wouio not arrect puouc views ana wouia oe consistent with the hazard policies of the Coastal Act. Tfie projects proposed livable area aligned approximately with the 56 -foot elevation contour line; while the basement level deck did not extend seaward from approximately 46 -foot contour to the east and the approximatelv 59 -foot G. 3401 Ocean Boulevard (Located 3 lots down -coast from the subject site). CDP NO. 5 -01- 199- [Butterfield] At the December 2001 Commission Hearing, the Commission approved in part and denied in part Coastal Development Permit Application No. 5 -01- 199- tButterfield] for the after- the -fact approval of a new "sand pit" cut -out at the toe of the bluff, consisting of three (3).32" high, 15' long retaining walls enclosed by a rope attached to four wooden posts in the sand, and replacement of a decorative gate and lattice panels on the existing pre- Coastal Act bluff,face stairway. The Commission denied the toe of slope'cut -out and approved the portion of the lattice work and gate located on a.previously approved landing area. The Commission found:that•the gate replacement and lattice enclosures on the previously permitted landing areas to.be consistent with the scenic and visual resources ,policies of the Coastal Act, as they will not obstruct views to or along the shoreline and are in keeping with the pattern of development in the area and therefore is consistent with Section 30251 of the Coastal Act. However,'the Commission found that tha proposed sand pit cut -out would not minimize alteration natural landfor ms, was not visually compatible with the character of surrounding development and would affect the scenic and visual qualities of the subject area. As such, the portion of the proposed project involving the establishment of a sand pit cut -out area was inconsistent with Section 30251 of the Coastal Act. H. 3335 Ocean Boulevard (Located 2 lots down -coast from the subiect site)' CDP No 5-04 - 214- [Battraml In October 2005, the Commission opened a public hearing on Coastal Development Permit Application No. 5 -04- 214 - [Battraml; however, the applicant withdrew the application before the Commission took their action. The application was for the after - the -fact approval for a stairway down the bluff face, retaining walls located on the bluff face and sandy beach and grading. The applicant also proposed the following: adding landscaping along the stairway; painting the upper portion of the stairway a color that helps blend into the background; removing the existing iceplant at the bottom of the lot; and the granting of a non - exclusive easement for public use and enjoyment of the sandy portion of the lot adjacent to the public beach. Staff recommended denial of the proposal. Since the October 2005 hearing, the'Battram's sold the property to a new owner who has stated to staff that they intend to take over and process an after -the -fact permit application. 19.30 / F.4224MOVICA Letter from C®astkeeper regarding water quality management plain E 0 C 0, 3 0'2 C February 9, 2007 Mr. David Lepo, Planning, Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 COASrTKEEPER EDUCATION /ADVOCACY/ RESTORATION / ENFORCEMENT 3151 Airway Ave., Suite F -110 Costa Mesa, CA 92626 714.850.1965 Voice 714.850.1592 Fax w coastkeeper.org RE: "AERIE" Tent. Tract 16882 in Newport Beach .. Dear Mr. Lepo: Orange County Coastkeeper is a non -profit corporation focused on water quality and healthy marine habitats. Our mission is to protect and preserve our marine habitats and watersheds through education, advocacy, restoration and enforcement. One of our programs is to constructively work with the development community to review and make recommendations on proposed water quality management plans of specific development projects. This effort is to ensure that new development projects embrace state -of -the -art ® technologies, design, and management to eliminate polluted runoff from discharging off the project property. O Coastkeeper has reviewed the water quality management plan for the AERIE project (Tent. Tract map 16682) and have met with the applicants on several occasions. The project proposes to install media filters to remove trash, grease, oils, and metals. We have made a recommendation to add a technology to the water quality plan. Though we realize current regulations do not require it, we recommend technology, such as AbTech's "Smart Sponge ", that will remove approximately 90% of the bacteria from the discharge. Coastkeeper believes this to be important since the project discharges directly into the harbor. The applicant has agreed with our recommendation to install this type of technology. Coastkeeper endorses the proposed water quality management plan for the AERIE project. When completed, the water quality management plan will be state -of- the -art and exceed regulatory standards. It is our opinion that the water quality of the runoff discharge into the harbor will be significantly improved over the current runoff condition from this property. D -3c3 Exhibit No 4 Correspondence 0, 3aq �J February 14, 2007 Lloyd `Bud' and Linda Rasner 2500 Ocean Blvd. Corona del Mar, CA 92625 Mr. David Lepo Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: — Aerie Development Dear Mr. Lepo, We live at the comer or Ocean and Carnation. Arguably our home is potentially the most affected of all residences by this development. ® Mr. Julian as owner of the project has been very forthright with and responsive to our concerns. His outreach to the neighborhood has been admirable and congenial. We unconditionally suuooet the project and have seen the plans on a continuing basis since the project was conceived years ago. The recent model confirms our approval decision. The existing building has been an eyesore for the 35 years that we have lived in Corona del Mar. Of course we expect some impact from construction but that would happen under any development. I am certain that this project will be considerate to the neighborhood and to the greatest extent possible mitigated to cause the least impact. We earnestly endorse the project and encourage you to support it as well. The view from the comer and water will see a first class endeavor. Thank you in advance for your consideration in this matter. Sincerely, r �, �I Dr. . & Linda Rasner 11 L?, 30 5 Fab 15 07 09:17a Bud 19496735972 p,1 IKEP4T S. M001RE 410 C►R\ATYON AVENUE CORONA DEL MAR. C,&=rORWI(A 99626 TELS (949) 678 -7698 FAX: 4949) 678 -7699 genlnoora ®worlOnct.atl.net February 14, 2007 Newport Beach Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Aerie Project, 201, 205 & 207 Carnation Ave., CDM Dear Members of &e Planning Commission: I am writing in support of Mr. Rick Julian and his proposed project at the site of the old Corona Cove Apartments located at the comer of Ocean Blvd. and Canton Ave. in Corona del Mar. I have owned property across the street from this location since 1975 and have seen several building projects undertaken in our neighborhood over the years, some good and some had. In reviewing Mr. JuliWs plans it is obvious that he is attempting to create a world class residential development at this beautiful and scenic location above the harbor entrance. He has also gone out of his way to get to know the local property owners and outline his project plans for them. I have spoken with many of my neighbors who favor the current plan which is now before you for approval. I hope that, upon careful review, the Commission wrll also come to realize that the adoption of the Aerie Condominiums plan will be a win -win situation for this neighborhood and will enhance life for both residents and visitors in this very unique corner of Newport Beach. Sincerely, C ® Ron and Marsha Beard 3208 Ocean Blvd Corona Del Mar, CA Feb 93, 2007 RE former Corona Cove Apartments to be replaced w/ 9 single family attached homes To the City of Newport Beach Planning Commissioners and / or City Council, I have met w/ Rick Julian several times regarding the subject development as there was a time when I was a potentially interested purchaser of a unit. I must tell you that I absolutely love the plan! Clearly, there has been so much time, effort, and thought put into it. I think it's a great addition to our neighborhood, and I think its in character for the neighborhood. I believe that the team of architects and designers on this project as well as the developer has really placed a tremendous amount of architectural features and beauty into the project. I believe that the development will be very attractive from the street, and it will be even more beautiful from the water. We live in a world class area, and we are getting a world class development on this site. ® 1 strongly endorse the project, and I hope that you do as well. Rectfully, !11t ae tr Ronald P. Beard February 14, 2007 Grant Sadler 207 Carnation Avenue Corona del Mar, CA 92625 Mr. David Lepo Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Former Corona Cove Apartments/planned 9 Single Family Attached Homes Tract 16882 — Aerie Development Dear Mr. Lepo, I am very familiar with Rick Julean's development since I live on the property now and have seen and reviewed the plans. The careful and thorough planning is very impressive. In addition, Rick has used first class architects and designers. The project will be fantastic and enhance the neighbor hood from the street, the homes themselves and also from the water. I enthusiastically endorse the project and encourage you to support it as well Thank you for your consideration in this matter. E E L_J 2/15/07 Sent via e-mail. Re: AERIE Proposed Development February 22, 2007 hearing Dear Members of the Planning Commission: Jeffrey H. Hopkins 2725 Bungalow Place Corona Del Mar, CA 92673 I send this letter in strong support for the AERIE Development ("Project "). My wife and I live in Corona Del Mar and I was bom and raised in Corona Del Mar and in fact grew up going to the beach, just a few hundred feet from the Project. As it stands, if the Project is approved, due to the complexity of this project, is still several years out of being completed. Denying the Project, by contrast, will force the developer to go back to the drawing board which will, at best, delay the Project for another 4 -5 years or more and, at worst, prevent its construction altogether. Either of these latter scenarios would do a great disservice to the citizens of Corona Del Mar generally, and the homeowners located near the project specifically. . I have been tracking the history of the re- development of the Project for well over four years. This not about land use or zoning. This project is about a re- development of a blighted and dilapidated apartments and single family dwelling units that are being re- developed into one of the most premier developments along the cost and harbor. In addition to the foregoing research, I attended a meeting in with the Project's developers and architects as well as with some of the local homeowners within the area. All involved were very open about the details of the Project and candidly answered all questions posed to them. After reviewing the plans for the Project and participating in the question and answer session, I fully support the Project and strongly urge the Planning Commission to approve it without delay. In closing, I had high expectations for the Project before I saw the detailed design drawings. The Project, as proposed, exceeds those expectations. The developer and City staff have done an outstanding job. I ask that you please approve the Project; it will be a welcome addition to our community. Thgnk you for your time. a C 0.50 q Exhibit N ®o 5 Predominant line of existing development exhibits prepared by staff LJ C o, 310 0. 31/ rO W l _ ��YIEW PROM HAYSIDE DRIWO PARK - EXISTIN6 uzs. Planning Commission Minutes 02/22/2007 Page 4 of 18 Ayes: I Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Abstain: None ITEM NO. 3 OBJECT: Advanced Real Estate Services PA2005 -196 201 & 207 Carnation. Avenue and 101 Bayside Place application would allow the demolition of an existing 14 -unit apartment buildir 9 a single- family home and the construction of a 7- level, 9 -unit multiple -faro idential condominium complex with subterranean parking on a 1.4 acre si ated bayward of the intersection of Ocean Boulevard and Carnation Avenu existing General Plan, Coastal Land Use Plan and Zoning Designations of all portion of the site (584 square feet) would be changed to be consistent wi larger portion �of the site (from two- family residential to multi- family residentia application includes a tentative tract map for the creation of 9 "airspac idominium units for individual sale and. The Modification Permit applicatic uests the encroachment of subterranean portions of the building within the fro I side yard setbacks. Lastly, the Coastal Residential Development Pern Acation relates to replacing lost units occupied by low or moderate -incon iseholds. No units meeting this criteria are known to exist and therefore, r ilacement of affordable housing is required. Planner, Jim Campbell, gave an overview of the staff report, noting: • This is a bluff top property. • Noted the planning activities of the project. • A new 9 unit condominium complex will replace an existing 14 -un apartment building and single - family residence. • Parking to be provided will mainly be subterranean. The number of space exceeds the current Code requirement. ® Access to the parking will be through two freight elevators designed t accommodate vehicles. • Units range in size from 3,400 square feet up to 6,200 square feet in th seven -level building. • Views of the project from various vantage points. • Staff is seeking guidance on application of Coastal Land Use Plan policie related to protecting, and where feasible, enhancing the scenic and vises qualities of the coastal zone; establishing the predominant line of existin development; establishment of this predominant line can be accomplishe through a variety of means; staff is asking which method the Plannin Commission wants to be used. • The architect has attempted to measure the predominant line (gave a example). • Staff used a method proposed in conjunction with the draft Implementatio Plan which talks about the median distances that these buildings exten from. Additionally, they did the string line method which is a tradition method that the Coastal Commission has used for many years. • There is no set method of establishing this line and all of the methods the staff has looked at do not work well due to the unique topography; the blu does not line up with the streets and the buildings actually wrap around th bluff so all the traditional methods are not helpful in establishing where th building should be. http: / /www.city.newport- beach. ca .us /PlnAgendas /mn02- 22- 07.htm nued to 5, 2007 L J C 0.3ly 08/07/2007 Planning Commission Minutes 02/22/2007 • The purpose of the discussion is to determine if this project is consistent with ® the Coastal Land Use Plan as policies note minimizing the alteration of the natural terrain, preserving and enhancing the scenic and visual qualities of the coastal zone, prohibiting development on bluff faces except in this particular geographic area; new development has to comply with this predominant line of development. • Views from public spaces to the west looking back to the bluff, that is the scenic and visual quality. • The proposed building appears to come further down the bluff than policies seem to allow and we are looking for guidance as to what the predominant line of development is. • Visual simulations representing various lines of existing development are included in the staff report to aid in the decision making process. • The buildings on Carnation Avenue to the north come down the bluff furthei than the existing development on subject sites. (He then discussed the various exhibits in the staff report.) • The Planning Commission needs to determine the predominant line of development, and if the building conforms to it, then the application can be approved; if the building does not conform to it, then the Commission needs to provide direction to the applicant to re- design it to the line as agreed upon. Chairperson Cole asked what discretionary approval request requires the Commission to determine the predominant line of development? Mr. Campbell answered that the Subdivision Map requires it as does the finding consistency required for amendments to the Local Coastal Land Use Plan. ® Chairperson Cole noted the discussion of the 584 square -foot portion of the F site seems to be the basis for the actions required for approval. If they didn't hZ that 584 -foot portion, would they need to come in front of us for the discretion, approval? What is the past City practice regarding determination of I predominant line of development- Ir. Campbell noted that the Subdivision Map finding needs to be made. There ne prior example in an application for a variance on Pacific Drive where we we coking at these same policies. On Ocean Boulevard, we haven't had tt iscussion in the past as there were no variances or modifications tl' ecessitated a finding of consistency with these policies. We have not had tt wel of analysis or review. ner Hawkins asked about the Circle residence where the the predominant line. Campbell noted that this was discussed in light of the string line method a ked about other prior projects that were allowed to come down the bluffs by t rastal Commission. We looked at the main issue of how far out the buildi me because it could block the neighbor's view. We did not discuss t dominant line of development in the context of these policies. Richard Julian, applicant, noted this proposed project will become the gateway ®he harbor and the City of Newport. He noted the following consultants for t project: Phil Dowdy and Ted Fetone of Hunsaker and Associates; Myron Sukut Sukut Construction Co.; Sid Nedwit, soils engineer; Tom Castle, structu engineer; and Brion Jeannette, architect and designer. He added that he h http://www.city.newport-beach.ca.us/PlnAgendas/rrm02-22-07.htm Page 5of18 0.315 08/07/2007 Planning Commission Minutes 02/22/2007 arched many issues related to the site and has worked closely with hbors. He has worked with members of the City staff and is committed to pct. He referenced an exhibit that includes letters of support from munity. Jeannette, architect, noted that the major issue is, what is the predomina of development? He stated that they have reviewed the Mitigated Negati aration and agree with the measures identified. He then proceeded with presentation of the project: ® Discussed various views of the project site. • Materials to be used are limestone, photovoltaic panels for electricity anc green architecture. • The existing building consumes approximately 21% of the site and the nem building is about 25% of the site. • He referenced the categorical exclusion zone on the exhibit noting the treatment of the vegetation and bluff is handled by the City. • There are 9 units replacing 15 units and range from 3,300 square feet tc 6,300 square feet of livable area with 3 parking spaces for each. • The allowable project square footage is 90,759 and this proposal is for 74 314 square feet. • Parking - 7 units with parking at the same level directly accessible to eact unit; 2 units have access to parking via their own private elevators; gues parking is 3 spaces at street level and 4 spaces at lower levels; additionally there are 2 golf cart spaces at lower levels. 7 of the 32 parking spaces arc created through the use of auto lifts. These individual lifts are separate an( apart from the 2 auto elevators proposed. A total of 32 parking spaces wil be provided. • Reviewed garage configurations tumaround space and vehicular elevators. There will be an emergency back up system. • Grading will require 32,400 cubic yards of export that is scheduled after the summer months. He discussed the schedule, amount of loads per day drilling, and timing to construct shoring walls. • Possible haul routes are from East Coast Highway on Marguerite Ave. wes on Ocean Blvd to the site, north on Carnation Avenue, east on Seaview tc Marguerite, north to East Coast Highway; flagmen and delineators will dire( traffic; primary staging of maximum 2 trucks on Ocean Blvd., secondan staging south of Cameo Highlands Drive on Coast Hwy. • Shuttle workers to and from site until parking on -site is available withic parking garage. • Public access is not required as there are accessibility problems; Californi( Coastal Commission has not required access on adjacent parcels; an( public access is nearby at China Cove and Corona del Mar main beach. • Public views - public view point identified in the LCP is at the corner c Carnation Avenue and Ocean Boulevard. Referencing the exhibit, he note( that corner view will be increased to a 32 degrees wide cone from a 25 degree cone and public seating will be provided. He agreed to an easemen being recorded on their property. • Monitoring of ground motion will be on -going to assure that it is kept at safe level and will be incorporated in the Construction Management Plan. • Current landscaping can be trimmed and maintained. • He then discussed the building heights and need for a Modification. • Bluff face development - development is allowed on categorical exclusioi http: / /www.city.newport- beach. ca.usiPInAgendas /mnO2- 22- 07.htm Page 6 of 18 U 11 LJ 0. 3i!(P 08/07/2007 Planning Commission Minutes 02/22/2007 Page 7 of 18 zone parcels to the north; the CLUP allows development on bluff face i ® Ocean Blvd., Carnation Ave., Pacific Dr., extensive development befo Coastal Zone Act and new development is allowed to continue the 'pattern existing development.' Predominant line of existing development is the me common or representative distance from a specified group of structures to specified point or line. (topo line or geographic feature) (CLUP 5 Glossary). He then discussed his approach. . He then noted CLUP Policy 4.3.3 -12 and discussed his methods used meet this criteria- . Referencing the exhibits, he then explained the predominant line of existi development and how it was reached at Pelican Point, Cameo Shore Shore Cliffs, Corona del Mar on Ocean Boulevard, Breakers Drive, Chi Cove, AERIE and Pacific Drive and the issue of fairness and equity mandated by Coastal Commission. • He gave a history of past Ocean Boulevard projects and examples determining the predominant line of existing development using string -line structures and decks. • He discussed an aerial view of AERIE with cove and rock outcroppings a buildings on either side and depiction of median distance from street curb furthest line of development towards the Bay. • Referencing another exhibit he discussed median distance from mean Ie tide to closest line of development towards the Bay, analysis of propos line of development with elevations of 34 feet on easterly side to 52 feet the westerly side, 29 feet to 44 feet and 25 feet to 25 feet respectively. • View simulation of superimposed model viewed from Channel Road put beach. ® • Existing view from Channel Road public beach with categorical exclusi zone and with the proposed structure on project site. • He then noted several letters of support and asked for ultimate approval the 9 -unit project. • At Commission inquiry, he noted he has not discussed this project with t Coastal Commission. Planning Commission focused on the following: • The requirement of a Construction Management Plan with details on routes truck sizes, street cleaning, timing, fugitive dust, etc. • Impacts on air quality • Need for the Mitigated Negative Declaration to address issues of hau routes, size, access routes and air quality. • View corridor - staff proposes an easement to be recorded. • Ocean Boulevard is a public view street and the view corridor is dynamic. Asked for an expansion of this presentation further up Ocean Boulevard t( depict the view corridor impacts from Ocean Blvd at Fernleaf and Dahlia Streets. • Protection of neighboring properties during the drilling and coring process. • Pattern of development on Ocean Boulevard and Carnation Street. • Floor plan for the lower level. • The Implementation Program discussion of line of development in Coro del Mar- . Reviewed the definition of "predominate line of development" in the gloss: of the CLUP, specifically the use of a specified group of structures determine the predominate line of development and the appropriateness D, g f7 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn02- 22- 07,htm 08/07/2007 Planning Commission Minutes 02/22/2007 using homes on Bayside Place to set the predominate line of development. blic comment was opened. ud Razner, Ocean Boulevard, noted his support of this project for the following: o The project applicant has done an outreach in the neighborhood for in and has made several concessions on height and density to addr concerns. ® Applicant could build up to 28 units. o Property rights of neighbors as well as the applicant are being addressed. Tax base for the City. . Removal of telephone poles and run -off from the site will be contained treated. I McAfree, Ocean Boulevard resident, and speaking as President of the !ef Association, noted their support of the project. • Impressed with the project sponsors and their plans and communication with their neighbors. • Project will be an upgrade to the neighborhood including visual appeal, property values, etc. • Like the low- density of only 9 living units versus 48 living units at Cho Reef. • We are aware there will be noise, dust, parking issues and inconveniences during construction but the long term benefits of the pr outweigh any temporary inconveniences. • They urge approval of this project. a Vallejo, Ocean Boulevard resident, noted she is not in support of this the following: • Many people are concerned with the destruction of this coastal bluff and tY extremely large scale of the proposed complex. • There are many issues, among them the loss of public enjoyment from th development. • This bluff and cove are viewed and enjoyed by people on the Peninsula wF look directly across from the wedge and various other locations. • This cove is a landmark. • People do not want to lose the view of the last remaining bluff that is visib from the harbor. • Newport Beach is special and this area is governed by the CLUP. She the read some of the provisions. • Is this project visually compatible with the surrounding area and how is th minimizing the impact on the bluff? • There is nothing on Ocean Boulevard that looks like this other than Chann Reef, but that was built in 1960. • Ocean Boulevard is basically single- family homes but this project creates 'hotel' and is too much for that particular site. • There is no Environmental Impact Report and I don't understand that as the are taking 32,400 cubic yards of bluff away and cannot figure out what th will do to the integrity and support of the surrounding properties and tl impact of the construction and excavation. Page 8 of 18 LJ 0-31Y http: / /www.city.newport- beach. ca .us /PinAgendas /mn02- 22- 07.htm 08/07/2007 Planning Commission Minutes 02/22/2007 ® Before this is changed forever, you need to give this good thought. i® Doug Snyder, Balboa Peninsula Point resident, noted his support of development as it will be a great improvement over what is there currently. u E leen McIntosh, Ocean Boulevard resident, noted the majority of the neighbor the demolition of the existing structure and the re- development of the site. noted: • Concern over the intensity of development around lower Newport Bay led the adoption of a series of ordinances in the early 1970's that establishe more restrictive height and bulk standards around the Bay. • The intent is to regulate the visual and physical mass of structures consiste with unique character and visual scale of Newport Beach. • As a result, new development within the shoreline height zone is limited to height of 28 feet. • Development on the bluff face is generally prohibited with the exception certain public improvements or private improvements determined to t consistent with the predominant line of development. • It is policy to regulate the development envelope to preserve public viev through the height, setbacks, floor area, lot coverage and building bulk th limits the building profile and maximizes the public view. • In this case, the buildable site would grow from under 20,000 square feet over 70,000 square feet. • It seems the lateral projection of the structure would greatly impact the publ view from the water across the Bay, and the view corridor established by tt City of Newport Beach at the Ocean Boulevard /Carnation Avenue junction. • To shift the bulk of the lateral development up to the allowable vertical heig would keep the view corridor open but would eliminate the water viev enjoyed by the residents on Carnation Avenue across from the proposE development. • It is our hope that the bulk and scale of the proposed development will t reduced both laterally and vertically and in square footage to be in line ar scale with the surrounding residences. Dawson, Corona del Mar resident, noted: • The current complex is an eyesore and is in a dilapidated state. • This development is 1st class and there is hardly any opposition to the compromises that have been made. • This is a focal point and he supports the project. • The developer has the property rights for this project. Moore, Carnation Avenue resident, noted: • The applicant has taken the time to get to know the neighbors and explaii his project. • All have had the opportunity to review the plans. • The applicant has addressed all concerns and has made several desigr changes. • Directly next door to this project, the City allowed major excavation an( building to take place on the rocky bluff and area below next to the water. There was a lot of equipment and disruption but ultimately it turned ou http: / /www.city.newport- beach. ca.us /PlnAgendas /mn02- 22- 07.htm Page 9 of 18 0.319 08/07/2007 Planning Commission Minutes 02/22/2007 beautifully. This is a superbly planned project that has been worked on for several y prior to this meeting and urged that the Planning Commission approve project. ,nmissioner McDaniel noted that this issue is not being voted on tonight. This opportunity for public input and will be continued. is comment was closed. missioner Eaton noted: • Project is extensive and there has been good outreach to the neighbors. • Referencing an email he sent to staff, noted not all his questions had be answered and would like those at the next hearing. • Predominant line of development - referencing Exhibit F -noted the hea black line symbolizes where the estimated top of bluff is. The predomina line of development refers to the relationship of the bluff. This appears angle off the corner of the street intersection and turns the corner. The me appropriate sense of how to look at this predominant line of development that the buildings ought to turn the corner in a consistent relationship to t bluff. • The upper level roofs do follow that rough line but that changes as you c further down. • What happens on the lower level of the westerly building as it extends at angle further out than the fairly uniform progression of the terraces of t easterly building? • The two lower units of the easterly building have a view of a blank w; which is the side wall of the westerly building. That part of the proji extends beyond the curve of the bluff line and is inappropriate to t predominant line of development. • The westerly building should taper at a more consistent rate as the easte building so that the levels are pulled back a bit. That would affect the loun on the first level and the lower level of Unit 700 on the second level. If tt area was pulled back, the building as a whole would have a shape and t line fairly conforming to the bluff line, which would make a more sensible Ii of development. Otherwise, this sticks out a good 20 feet beyond t foundation line that is shown in the plan footprints of the buildings. • He concluded that with that adjustment, this building would fit a predomin', line of development that would turn the corner in a manner similar to the w the bluff turns the corner. missioner Hillgren asked what the bottom vertical line of this project was? Campbell answered the lower extent of the easterly building is 29 feet and go around the corner it steps up to 44 feet. Commission inquiry, Mr. Jeannette noted that the elevation of the street iyside Drive is at elevation 13 then it starts ascending from there to an elevat 18 or 19 feet. missioner Hillgren noted he has heard a commitment from the developer act the cove which is the most important part of this project. I look at the 28- line to the property to the west as an appropriate datum line. The question http: / /www. city. newport- beach. ca .us /PlnAgendas /mn02- 22- 07.htm Page 10 of 18 J u 11 0, 320 08/07/2007 Planning Commission Minutes 02/22/2007 how to connect to the property to the east. ®Commissioner Hawkins noted the property lines to the east go down that far because they are in the exclusion zone where they are not regulated. E r. Jeannette agreed, noting adherence to the Zoning Guidelines which require ar yard setback. oner Hillgren asked if they were regulated, how far down could they go? Jeannette noted the bottom portion could be used for a casitas with the mai ling on top of the bluff, they could go to that rear yard setback and then cary it with a retaining wall behind; it would be difficult and expensive, but it nmissioner Peotter, referencing the topo exhibit, noted the regulated areas an( non - regulated areas where someone could go down to the 20 foot elevation. leans more to the priority of maintaining the look and favors either the 29 or 3, at the highest point as far as determining the setback line that will determin( it will be seen from the bayside and how that cove will be protected. rperson Cole noted the western portion of the site seems easier to unders makes sense due to the adjacency of the buildings. He asked how Aal Commission would determine a fair and equitable concept for Mr. Jeannette noted the point at which you contact earth establishes that lowes plane. Referencing an exhibit, he noted one elevation of a home at 48.6 elevation other elevation points were at 44, 50 and 52. He then discussed the public beacl relationship and drawing the horizontal line at that point to establish somf termination of development. Hillgren asked if it was the footing or the house itself that is level at 44? Jeannette answered the elevation of the house was at 50. onerToerge noted: • The charge of the Planning Commission is to ensure that the technic aspects of the project are in tact. • We are to comply with the existing Codes of the City for the benefit of the residents who are not here and don't know about the project and can't expected to come down and spend the kind of time that many of t residents here have and we have. • He noted he is a property rights supporter, but in a civilized society prope rights are conditional. There are title reports, title restrictions, special la use restrictions, zoning, building heights, etc. and in this particular propert case there is a Coastal Land Use Plan that has to be adhered to. • This is not about the integrity or the character of the applicant or I representatives; it is about the technical components and how they can applied to this project fairly and on balance with the property rights and w the community. • The predominant line of development doesn't contemplate what could http: / /www.city.newport- beach. ca .us /PlaAgendas /nm02- 22- 07.htm Page 11 of 18 0.32-1 08/07/2007 Planning Commission Minutes 02/22/2007 developed on adjacent bluff top properties, it deals with what is in pla today, so this whole discussion on what might happen to adjacent bluff t properties along Carnation is irrelevant to me. • Also irrelevant to me is what Coastal Commission might do. TI Commission and this City has to get quickly up to speed on what the L( says. It will require an amount of time and effort to do this. • He noted his concern of how this project in this area meets the predominE line of development on this bluff. • He does not support the idea of using bayfront properties as simi structures or similar group of homes, as the glossary of our CLUP sugges by which to determine the predominant line of development as we are talki about a property that is on the bluff. These homes take access off a differE street that is almost at sea level. This property is a bluff- oriented prope that takes access from the bluff. • Referencing an exhibit, he noted the area that seems to encroach below t predominant line of development and the area on the easterly side seems be relatively consistent with the predominant line of development. • Some transition is warranted in order to meet this finding of what considers to be the predominant line of development. iairperson Cole noted that there is consistency in that the easterly side at 29 agreed upon but as it goes around the westerly side, he would like to see r Jicating the line of where those homes come down to right now. missioner Toerge answered that is how he reads the Code. Thei ominant line of development is higher than their proposal based upon how hE s the Code. We need to understand what our predecessors decided an( authority our Coastal Land Use Plan has. A couple of years were invested it dishing this Local Coastal Plan and we took great care in developing this. oral Planning Commissioners, including himself, served on this Committee. plan was reviewed and approved by both the Planning Commission and City icil. It is speculative to guess what the Coastal Commission will do. Hawkins noted: • Agrees that the Commission has an important job with this unique parcel a project. The cove is a natural resource, the bluff outcroppings, etc. and t project, in general, takes good care of that resource. • He noted the concern of the easterly edge at elevations 44/48 and staff a the applicant need to work on that level. • He agrees about tracking the bluff around, and the two units noted Commissioner Eaton did seem to project out distinctly. He would Ii discussion on pulling those projections in. • We are trying to understand what the predominant line of development is. is a flexible metric and the string -line was a tough approach and could problematic. • The current structures on the site are poor; however, the site itself fantastic. person Cole noted there seems to be some consensus on the 29 foot I on the east and the west at 44 feet. nmissioner Hawkins noted there is some agreement on the 29 feet; however questions the 44 -foot measurement. Another metric has been offered and hE http: / /www.city.newport- beach. ca.us /PlnAgendas /mn02- 22- 07.htrn Page 12 of 18 E 11 n. 32Z 08/07/2007 Planning Commission Minutes 02/22/2007 Page 13 of 18 would like to see If that could work. ® Commissioner McDaniel, noted: • He was a member of the Local Coastal Committee and they spent a lot time addressing heights and string -lines and doesn't want to ignore those. • There are basic guidelines to go by and if you have to work around ther then we need to document them so we can understand it now and in tt future. • He wants to save as much of the bluff as possible. • He noted his concern of what happens to the parking if part of the building taken away as previously suggested, what does that do to the quality of It for the residents in that area, what does that do to the view corridor, and ar other aspects. • He would much rather give a little extra off that edge so that the parkir does not become problematic in the project; that it looks right, works rig and all those other aspects that we pickup. • Recognizes that folks who look easterly look at a wall, but the panoram view to the left may require that you may have to look at a wall to the right: • This is a good project. Commissioner Peotter asked about comparing this to properties in the exclusic one, yet looking at the Land Use Plan, it follows the hotel and other homes that c down to the water level again. Why are we going outside of that coastal area get the predominant line? ® Commissioner Toerge answered by reading from the Glossary of the CLUP. "TI most common or representative distance from a specified group of structures to specified point or line." The example that was cited, "the predominant line development for a block of homes on a coastal bluff (a specified group structures) could be determined by calculating the median distance representative distance) these structures are from the bluff edge (a specifiE mtinuing, he stated that since the predominant line of development has alread, !en determined to come into play here, and since the Local Coastal Plan doe: ive jurisdiction over the site, this definition is something that needs to be overlaic ito the project. It gives the example about the predominant line of developmen a block of homes on a coastal bluff which is the specified group of structures. iat is the reason why the homes that are not on the bluff should not be utilized ti Iculate the predominant line of development as they are not on the bluff and tha specifically the language that the Committee went through. That is the language at has been approved and the City has adopted. ommissioner Peotter asked if it make any difference whether it is in the Exclusic one or not as far as when it refers to the coastal bluff. Do you stop looking at it is in the Exclusion Zone? Commissioner Toerge answered in his opinion the answer is "no ". This happens be a bluff top development that happens to be at the end of the street, and simp ®because adjacent bluff top properties are within the Categorical Exclusion Are oes not preclude them from the definition of predominate line of development. on continued referencing exhibits showing Breakers Drive, V. 323 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn02- 22- 07.htm 08/07/2007 Planning Commission Minutes 02/22/2007 and the Cove. Campbell noted the exclusionary area was established in 1977 and the Coasta nmission allowed projects that are consistent with the zoning at that time Ile- family and duplexes, without need to go back and get a Coasta ,elopment Permit. Under today's rules, you could build out to the setback at 1 C and bring that building down to whatever elevation it might be. Does the tominant line of development affect these properties: the answer is "yes ". We e two policies in the Coastal Land Use Plan 4.4.3 -8 and -9 that talk abou dings on the bluff face on Carnation Avenue, Pacific and Ocean Boulevard. are referring to that particular bluff right there and they are allowed to built iin the predominant line of development. That is what the policy says meaninc : bluff does establish a predominant line. Would we use a predominant line tc ulate that now given the exclusion order: the answer is "no ". Staff believe: se homes on Carnation Avenue on that bluff do establish a predominant line o >ting development and you would use that in relation to whether this projec e is consistent with that. Cole clarified that regardless if it is in the Category Exclusion Zone. Campbell noted the predominant line of development would not affect but those lots do establish the predominant line of development that lot. imissioner Toerge noted that properties are still subject to Coastal Commissi :w under appeal. They are in the Coastal Zone so even though they a ;gorically Exempt, that doesn't mean that the Coastal Commission we e. It means that the City can approve them, but approval can be appealed Coastal Commission. The Coastal Commission has just given the City i : to approve or condition those particular developments but it doesn't exen i from Coastal and doesn't exempt them from review. mmissioner Peotter asked that since part of this lot is in the Exclusion Zone as that mean the project could go down to 10 feet on the side for a portion of hi: and now establish a new line of development that we could use? You have twc s of rules. Jeannette noted the differences of access on Breakers Drive, we and resulting development. Commission inquiry, he noted that suggestions made about turning the corner mething that he will look at and he will determine what impacts could or woL wit. Additionally, he will look at elevation down to 10 feet. He noted tr )testing the cove is most critical. on was made by Commissioner Peotter to set the line at 29 feet as the I for staff to review with the caveat that the applicant look at reducing t1west wing to see if they could round that off to match the bluff face better. Cole clarified that the 29 feet goes up to 44 feet going to Mr. Jeannette answered that is correct. missioner Hawkins suggested straw votes. http: / /www.city.newport- beach. ca.usfPlnAgendas /mn02- 22- 07.htm Page 14 of 18 E E o, 32q 08/07/2007 E Planning Commission Minutes 02/22/2007 Chairperson Cole noted the motion was not seconded, took straw vote on he 29 feet on the east side of the property going to 44 feet, which is in the report with the suggestion by Commission to have the applicant consider mat he contour of the bluff specifically on levels one and two. wing discussion by the Commission, consensus was reached consistent discussion as to the predominant line of development. Straw nissioner Toerge, yes; all other Commissioners, no. Lepo noted the parking configuration as well as the impact the use of ators might have on parking on the street. Are those concerns of emission, or are you okay with the configuration of the working garage? nmissioner McDaniel noted that after meeting with the applicant, tl cerns have been addressed. nmissioner Toerge noted his concern on the Mitigated Negative Declan ing that the comment period is still open. He has reviewed it and asked following be addressed at the next meeting: When does the City determine when an EIR is necessary versus a Mitigate( Negative Declaration? Should the City's Environmental Quality Affairs Citizens Advisory Committe( review the MND? Referencing the Mitigated Negative Declaration: • -Aesthetics - describe how the 'Less Than Significant Impacl determination was made for Aesthetics 1.c, and under wha circumstances would a determination of "significant impact" be made? He noted page 10 and specific issues. • Land Use and Planning - on Page 16 of the MND, explain how th( "Potentially Significant Impact Unless Mitigation is incorporated ", hov was this determination made, and under what circumstances would i be significant? • Noise - on Page 17, describe how the "Less Than Significant Impact determination was made when there is no representation of how th( excavation operation will be conducted. This report does not reflec some of the description that was on the screen on how the grading wil take place with the borings, etc. The MND was silent on that; why? • Aesthetics - on Page 22 The MND addresses this public view site a the point of Carnation Avenue and Ocean Boulevard, but it does no address the public view street that Ocean Boulevard is and th( dynamic view. Until view sims are done, I cannot agree with thi? report on this topic. • Air Quality - on Page 28, the MND talks about haul trucks, etc. and th( deliveries, etc. With 32,000 yards of dirt potentially being moved b) 2,500 to 3,000 trucks, this is a lot of activity. The residents in the are', need to be protected while the property rights are being exercised. We need to see maps of truck routes, staging, traffic patterns, flagmer operations, public right -of -way use, etc. Washing streets is not ar acceptable mitigation measure, another means needs to be identified. Diesel- powered trucks and generator use, audible signaling, restriction of delivery construction equipment need to be addressed. • Adequacy of the public view - on Page 40, until those simulations ar( provided, the widening of this angle may improve the view angle iron http://www.city.newport-beach.ca.us/PlnAgendas/ninO2-22-07.htm Page 15 of 18 0,325 08/07/2007 Planning Commission Minutes 02/22/2007 one spot, but I want to be sure that it improves or at least maintain the view angle from all along that view corridor along Ocear Boulevard. o Stringline - on page 41 the MND seems to be inaccurate anc misleading as it says, "stringlines were drawn from the existinc residential structure located to the south on Ocean Boulevard and the existing structure to the north on Carnation Avenue. The result is tha all portions of the proposed building are landward of the stringline." That is not true as shown in the exhibit. There are three calculation: that discuss the median distance from the curb and from the bluff bu there are no reference points specifically as to where those are measured; that needs to be expanded for it to be accurate. • Noise - on Page 42, this project may go on for at least 2 years and while that is temporary, it is not short termed. This document says it is short term and I do not agree with that. In "B" of that noise section, i is claimed there is no impact as there is no pile driving; however, there is going to be drilling and excavation. How can it conclude there wil be no impact? The MIND does not address any mechanism on how it'E going to be graded, yet it concludes an insignificant impact. This is inaccurate. • I believe these are shortcomings of the MND and I hope that they are addressed at the next meeting. missioner Hawkins noted: • The environmental document is virtually silent on the construction impacts the project and that analysis needs to occur. There will be a final respon document that can address these issues. The points that were just ma require something that corrects these errors or inadequacies, etc. • There is an easy fix to the construction impacts and that is the Constructi Management Plan. He proposes this as a mitigation measure and this pl to be approved by Public Works as the appropriate body at the City, but tl it come back to the Commission for hearing and approval as well. • He stated he supports the MND concerns and they need to be addressed- . He would also like to hear from EQAC. rperson Cole asked about the procedures for comments to the Mitiga 3tive Declaration. Can we get a response document similar to an EIR for meeting? answered it can be done. Cole then noted the issue of the view corridor and addition view simulations. :)mmissioner Hawkins supports the proposal for more extensive views. However e position of the applicant is that there is no access required and that may be the ise, but the applicant proposes a public amenity of a bench at the view site. Tha important but insufficient, and he would like to see a more significant mitigatior easure. He supports an offer of dedication for the bottom of this property, bu ere is the access issue. oner Toerge noted: http://www.city.newport-beach.ca.us/PinAgendas/mnO2-22-07.htm Page 16 of 18 D.32� 08/07/2007 E E, E Planning Commission Minutes 02 /22/2007 Performance Bond - The project includes a retaining wall that regi ® substantial grading. If this is not completed there is a possibility that homes and public right -of -way above could be damaged. If, for any rea . there is a cease or stop work order issued, the area needs to be made to the public. This would be similar to the one required of the Mariners Gateway project. Commissioner McDaniel agreed. issioner Hawkins suggested that this be a completion bond so there is facing the bay. Jeannette noted: • The MND is lacking and he agrees with the comments. • He agreed 'to re- analyze the architecture based on Commission comm and allow time for staff to fix the MND and recirculated for public review comment, after which time we can seek final guidance from the Commis Lepo agreed. Hawkins asked if they would consider turning the MND into an EIR. Jeannette said they would not consider it. Chairperson Cole thanked the applicant and commended them for the detail of proposed project. Motion was made by Commissioner Hawkins and seconded by Commissic Peotter to continue this item to April 5th to allow time for the MND issues to addressed and revisions to the building design be completed. Page 17 of 18 Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Abstain : None x + x SUBJECT: Mile Gateway, LLC ITEM NO. 4 100 -600 West Coast Highway PA2006 -279 for Comprehensive Sign Program CS2006 -012 for the previou d Be[ Mare Shopping Center. In addition, the Planning Commission will g the project's 'landscape plan and evaluating proposed refinements elevations to determine their substantial conformance with the aooro% �pyes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None bstain: None BUSINESS: City Council Follow -up - Mr. Lepo reported that the Council adopted resolution initiating additional or new regulations for residential tinued to uncertain BUSINESS 0.347 http: / /www.city.newport- beach. ca.us /PlnARendas /mn02- 22- 07.htm 08/07/2007