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Home My WebLink About2.0_Park Newport Landslide and Rockfall Mitigation Project_PA2023-0034CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 4, 2023 Agenda Item No. 2 SUBJECT: Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) ▪Coastal Development Permit ▪Encroachment Permit ▪Waiver of Council Policy L-6 SITE LOCATION: Bluff areas and Back Bay Drive near 5000 Park Newport Drive APPLICANT: CAA Planning Inc. OWNER: Park Newport Land LTD, a California limited partnership PLANNER: Liz Westmoreland, Senior Planner 949-644-3234, lwestmoreland@newportbeachca.gov PROJECT SUMMARY A request for a coastal development permit to allow the installation of anchored mesh, temporary tarps, and k-rails to help mitigate the potential for rockfall from the sloped area adjacent to the Park Newport community onto Back Bay Drive. The project also includes the installation of soldier piles within the Park Newport site near two existing residential buildings to further mitigate against landslide risk. As the k-rails are located in the public right-of-way, the applicant is requesting a waiver of Council Policy L-6 and an encroachment permit to retain the existing non-compliant improvements, consisting of three sections of temporary k-rail that encroach up to 12 feet, 8 inches into the 40-foot- wide public right-of-way at the property. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; 3)Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing non-compliant private improvements within the Back Bay Drive public right- of-way consisting of three sections of temporary k-rail that encroach in excess of 1- foot into the 40-foot wide Back Bay Drive public right-of-way or taller than 36-inches in height; and 1 INTENTIONALLY BLANK PAGE2 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 2 4) Adopt Resolution No. PC2023-021 approving the Coastal Development Permit filed as PA2023-0034 (Attachment No. PC 1). VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Multiple Residential (RM) PC 7-Park Newport Open Space/Residential NORTH RM PC-7 Open Space/Residential SOUTH RM PC-7 Open Space/Residential EAST RM PC-7 Residential WEST Open Space Open Space Open Space/ Back Bay Preserve 3 INTENTIONALLY BLANK PAGE4 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 3 INTRODUCTION Project Setting The Park Newport Apartments were constructed in 1969 and are located on the blufftop area bound by Jamboree Road to the east, San Joaquin Hills Road to the south, Back Bay Drive to the west, and Big Canyon Park to the north. The development is comprised of approximately 1,300 apartments and several ancillary support structures atop a bluff face that runs parallel along Back Bay Drive. The Upper Newport Bay and the Newport Bay estuary are located downslope of the property, westerly of Back Bay Drive. Background There is a long history of slope failures at the property due to the location of the development atop bluffs along Back Bay Drive. The most recent failure was a landslide that occurred at the property on June 26, 2020, and resulted in an approximately 10-foot- high scarp exposing approximately 100 square feet of highly fractured blocky siltstone. In response, the property owners retained Hetherington Engineering, Inc. a professionally licensed Engineering and Geology firm (Hetherington), to assess the risk of further slope failure and assist with remediating the landslide area. Due to potential life safety and property risk, the City temporarily closed Back Bay Drive to vehicular traffic. Once the landslide debris was removed from Back Bay Drive and k-rail barriers were installed, Back Bay Drive was reopened to the public. On January 6, 2021, Hetherington issued a geotechnical opinion letter that concluded there was an imminent risk of future rockfalls at the subject site due to a steeply inclined scarp along the upper portion of subject landslide area. The letter further opined that the installation of anchored rockfall mesh at the head of the scarp of the landslide area and installing a k-rail barrier along the toe of the slope should be installed as soon as possible. On January 20, 2021, the owner submitted an emergency coastal development permit (CDP) request to implement the recommendations from Hetherington. Emergency CDP No. CD2021-001 was approved by the Community Development Director on January 22, 2021. The purpose of the emergency effort was to minimize the potential for future rockfall to impact the public street and bike path. The recommended anchored rockfall mesh was installed with an overall coverage of 2,900 square feet and Back Bay Drive was reopened to vehicular traffic. On April 22, 2021, the owner submitted a CDP application (PA2021-099), requesting permanent authorization of the work completed under the emergency CDP, as well as future installation of soldier piles to protect two existing principal structures. On October 21, 2021, the owner submitted a second emergency CDP request to allow the installation of temporary tarps along selected portions of the property during the 2021- 5 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 4 2022 rainy season. The Emergency CDP application included a second letter prepared by Hetherington Engineering, Inc. that identified seasonal tarps as an effective stabilization method to be used during the rainy season where tarps are placed in areas along the bluff that are susceptible to rockfall or landslides triggered by heavy or prolonged rain events. Emergency CDP No. CD2021-066 was approved by the Community Development Director on October 26, 2021. The previously submitted PA2021-099 was updated to include a request for seasonal tarping every year during the rainy season. On April 21, 2022, the Planning Commission held a public hearing regarding PA2021-099 (Attachment No. PC 2). At the conclusion, the Planning Commission unanimously approved the project (7-0) in its entirety (Attachment No. PC 3). No appeals were filed locally with the City. California Coastal Commission Appeal On May 11, 2022, Juliette and Todd Worthe, filed an appeal of the project with the California Coastal Commission (CCC). The appellants previously submitted comments to the Planning commission regarding their concerns about the aesthetic impacts of the seasonal tarping. On July 13, 2022, the CCC found substantial issue with the City’s approval (Attachment No. PC 4). The CCC determined that the City’s conclusion that the development is consistent with the provisions of the Local Coastal Program (LCP) was not adequately supported by documents in the record file or the City’s findings. The appellants’ concerns related only to aesthetic impacts to the bluff from the placement of tarps during the rainy season (October to April). Ongoing Concerns On October 11, 2022, Rock Solid Geotechnical issued a temporary tarp placement letter that concluded there is an imminent risk of impacts to Back Bay Drive and the public if the tarps are not installed prior to significant rainfall. On October 14, 2022, the owner requested a third emergency CDP for seasonal tarping. The CCC supported the owner’s request and on October 14, 2022, the Community Development Department Director approved the Emergency CDP filed as PA2022-0233. The tarps were installed on the bluff shortly thereafter to be removed at the end of the rainy season. Current Request On February 7, 2023, the owner consulted with the CCC to withdraw their application with the CCC and applied for a new CDP with the City. As part of this new application submittal, the owner modified the request to reduce the visual impact of the seasonal tarps through use of clear tarps with burlap (Attachment No. PC 5 and Figure 1). Other modifications to 6 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 5 the prior CDP request include installation of smaller piles (i.e., “micropiles”1) and tieback anchors recommended by Rock Solid Geotechnical in their report dated January 25, 2023 (Attachment 6). The request remains largely the same as the original project approved by the Planning Commission on April 21, 2022. A site plan is provided in Figure 2 and included as Attachment No. PC 8. Figure 1 – Distant View of the Bluff with Clear Tarps and Burlap Cover 1 Micropiles are small soldier piles. 7 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 6 Figure 2 – Site Plan K-Rail Encroachments The project as conditioned will require the owner to obtain an encroachment permit and to enter into an encroachment agreement with the City to retain existing non-compliant improvements consisting of three sections of temporary k-rail within the Back Bay Drive public right-of-way that encroach up to 12-feet 8-inches into the 40-foot-wide public right- of-way at the Property. As noted, the Back Bay Drive parkway within the public right-of-way varies in width from approximately 8-feet to 15-feet from edge of pavement to the property line. In all locations, k-rail is located behind the edge of pavement to retain rockfall debris. The k-rail does not impede any pedestrian, bicycle, or vehicular traffic. City Council Policy L-6 (“Policy”) prohibits the proposed structures unless they are limited to a 1-foot projection into the right-of-way or less than 36-inches in height (See Figure 2). The requested improvements are not specifically provided for within City Council Policy L-6 (Encroachment in Public Rights-of-Way) (City Council Policy L-6). Thus, the project is prohibited under Section A (Private encroachments that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy L-6 by the Planning Commission. 8 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 7 DISCUSSION In addition to authorizing the development that occurred under the emergency CDPs, the applicant is requesting approval of additional landslide mitigation in the form of soldier pile installation to protect two existing principal structures and authorization to allow temporary tarping along selected portions of the property (on an annual basis) during the rainy season (approximately October to April). A Landslide Mitigation Summary Letter prepared by Hetherington Engineering, Inc. dated March 29, 2021, summarized existing geologic conditions, past landslides, and proposed future mitigation efforts at the project site and is attached for reference. The geological structure composed of sedimentary bedding within siltstone bedrock is subject to ongoing erosion, surficial instability, rockfalls, and landslides. The Hetherington report describes six landslides dating back to 1978 and five rock falls dating back to 1998 that generally coincide with years that had long duration and/or high intensity rainfall events. Bluff instability not only impacts the project site, but also impacts Back Bay Drive due to debris accumulation and blockage on the roadway and bike path. For protection of the existing primary residential structures on the property, the existing soldier piles and tie-back system would be extended to the south past Unit 4830/Clubhouse approximately 150 feet. Soldier piles in this location are expected to consist of 18-inch diameter drilled holes to depths of 85 feet. In addition, the project will include installation of approximately 200 feet of soldier piles on the southeast side of Building 4 where landslide materials extend under the structure. Soldier piles in this location are expected to consist of 18-inch diameter drilled holes to depths of 50 feet. City staff including the City’s Geotechnical Engineer, concur that two existing residential structures (Unit 4830/Clubhouse and Building 4) are threatened by natural hazards (landslide) and are eligible for this type of protection. In addition, soldier piles have been utilized previously at the project site and proven to be effective mitigation against landslide and significant slope failure. A timber pile/wood retaining wall was installed along the westside of units 4570-4640 in 1979. A soldier pile wall was installed along the west side of the clubhouse and unit 4570 in 1998. Consistency with the Local Coastal Plan and California Coastal Act Section 21.52.025 of the NBMC allows for the issuance of emergency coastal development permits where “[I]n the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed.” Based upon the January 6, 2021, and October 21, 2021, geotechnical opinion letters issued by Hetherington which concluded there is an imminent risk of future landslides without immediate mitigation, the Community Development Director verified that an emergency existed and authorized immediate action via Emergency CDP Nos. CD2021- 9 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 8 001 and CD2021-066 to prevent/mitigate loss or damage to life, health, property and essential public services. Based upon the October 11, 2022 temporary tarp placement letter prepared by Rock Solid Geotechnical, which concluded that there is an imminent risk of impacts to Back Bay Drive and the public if the tarps are not installed prior to significant rainfall, the Community Development Director verified that an emergency existed and authorized immediate action via emergency coastal development permit PA2022-0233 to prevent/mitigate loss or damage to life, health, property and essential services. The emergency work was conducted to stabilize the surface as mitigation for the purposes of maintaining public safety and to prevent future closure of Back Bay Drive due to fallen debris. This will support continuity of public access to the public parking lot located on Back Bay Drive. Protective Structures Section 21.30.030(3)(ii) (Protective Structures) of the NBMC, allows construction of protective structures when designed to mitigate adverse impacts on local shoreline sand supply and existing structures that are: “Threatened by natural hazards, provided that the protective structures are limited to the minimum required to protect the existing structure and located on private land, not State lands.” • The Park Newport Apartments were constructed in 1969 which predates the Coastal Act of 1976 and are considered existing structures located on private land. The protective devices which consist of anchored mesh, k-rails, temporary tarping and soldier piles represent a phased implementation approach to ensure minimum protective devices are utilized/incorporated into the project. The anchored mesh and k-rails were installed during the initial phase of mitigation. • Upon further investigation, temporary tarping was incorporated into the project based on the consulting engineers’ assessments that rain events pose an ongoing threat of further erosion. • Based upon a history of six recorded landslides on the property dating back to 1978 and existing slope conditions that are described by the consulting engineers as “grossly and surficially unstable from an engineering geologic and geotechnical engineering perspective,” two existing multi-unit residential structures (Building 4 & Unit 4830/Clubhouse) are threatened by landslide and require further mitigation in the form of soldier pile installation. The additional recommended soldier piles have not been installed. Section 21.30.030(C)(3)(d) (Protective Structures) of the NBMC requires that protective devices, such as the proposed micropiles, be designed and sited to: (1) be as far landward as possible and within private property; (2) eliminate or mitigate adverse impacts to coastal resources; (3) minimize alteration of natural processes; (4) provide for public 10 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 9 access to State tidelands and recreational areas; and (5) minimize visual impacts and maximize the enjoyment of the natural shoreline environment. • The proposed micropiles are located as far landward as possible within the Property. The landslide and rockfall mitigation measures would prevent future adverse impacts to coastal access through landslides and rockfalls onto the Back Bay trail. Lastly, as conditioned, the seasonal tarping would minimize visual impacts and retain the aesthetic qualities of the bluff by using tarps that blend into the landscape. • Several alternatives to address the geologic conditions and future mitigation efforts were evaluated by Hetherington in a report dated April 21, 2022 (Attachment No. PC 7). The report analyzes alternatives to the soldier piles such as re-grading the slopes to a stable slope ratio and a mechanical solution of installing tiebacks and grade beams. However, the report concludes that the soldier pile solution is the least environmentally damaging alternative because it would result in the least amount of disturbance to the coastal bluff and biological resources. It would further not be visible on the bluff face and would still achieve the minimum factor of safety for the residential structures. The report indicates that the soldier piles would not be visible for approximately 50 to 150 years, and only if the slope has eroded, retreated, or failed to the locations of the piles. • An additional alternative was evaluated in a memorandum prepared by Kane Geotech Inc. dated April 5, 2023 (Attachment No. PC 7). The memorandum evaluated retrofitting piles underneath the existing structures (i.e., underpinning) and low impact solutions such as soil nails with high strength steel mesh and erosion control matting. However, the report concluded that the retrofitting of piles was deemed to be overly complex, incur a high risk of damaging the existing structures, risked public safety, and would be cost inefficient compared with other stabilization measures. The soil nails and steel mesh and erosion control matting were unviable due to property limits and construction restrictions on the slope. Therefore, both Hetherington and Kane Geotech Inc. have indicated that the proposed soldier or micropiles are the least damaging environmental alternative that would provide protection to the existing residential structures. The emergency work was necessary to ensure a continuity of access along Back Bay Drive and the future proposed work is necessary to protect the existing structures. The emergency work and future proposed work meets the purpose of the City of Newport Beach Certified LCP by protecting and maintaining the overall quality of the coastal zone environment and its natural resources; assure orderly, balanced use and conservation of resources within the coastal zone; maximize public access to and along the coast; and maximize public recreational opportunities in the coastal zone consistent with sound 11 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 10 resource conservation principles and constitutionally protected rights of private property owners. Public Views and Visual Impacts Pursuant to NBMC Section 21.30.100 (C) (Visual Impact Analysis), a visual impact analysis is provided in the form of photographs in Attachment No. PC 4. Because the visual aspect of the work has already been implemented under past emergency CDPs, the Attachment No. PC 5 includes photographs of the temporary tarping, k-rails, and metal mesh to demonstrate that any visual impacts will be negligible. The following Coastal Land Use Plan (CLUP) policies apply to the project and pertain to the protection of visual or scenic resources and natural landforms: LUP 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. LUP Policy 4.4.1-2: Design and site new development, including landscaping, so as to minimize impacts to public coastal views. LUP Policy 4.4.1-3: Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. Additionally, Section 21.30.100(E)(8) (Landform Alteration) of the NBMC requires that development be sited and designed to minimize removal of vegetation and the alteration of rock outcroppings and other natural landforms. • The technical memoranda prepared by Glen Lukos Associates indicate that there is limited vegetation within the Project area due to the steep slope and erosion on the bluff face. The proposed seasonal tarping is required to install cut outs in the material to allow any small areas of remaining vegetation to grow. Additionally, the project includes revegetating areas of the slope with a native seed mix to encourage new vegetation growth. • The Project includes the minimum mitigation necessary to stabilize the bluff. The bluff face would be altered temporarily during the seasonal tarping, which would not permanently impact the landform. The tarps have been conditioned to blend into the existing bluff face landform. The micropiles are proposed in two locations that are directly adjacent to Building 4 and the Building 37 (Clubhouse)/Unit 4830. The micropiles are located as far landward as possible and according to Heatherington, would not be visible for at least 50 to 150 years should the bluff continue to erode. Lastly, the existing metal mesh system is necessary to protect 12 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 11 the public on the Back Bay trail below from falling rocks and boulders. The metal mesh consists of approximately 3,000 square feet, which is a very small portion of the approximately 311,300-square-foot bluff face within the Property. The metal mesh allows the bluff face below to be visible through the holes in the mesh, offsetting the visual impact of the mesh. The project site is located adjacent to and immediately east of Back Bay Drive, which is a designated public view road in the Coastal Land Use Plan and offers public views of Upper Newport Bay. Site evaluation revealed that the proposed landslide/rockfall mitigation improvements will not affect the existing views afforded from Back Bay Drive as the Project improvements are located landward of Upper Newport Bay. • Local Coastal Program Policy 4.4.1-1 requires new development to protect coastal views along the ocean, bay, harbor, coastal bluffs and other coastal resources. The proposed tarps and sandbags are the least visually and physically intrusive alternative that would provide protection to the bluff while also not permanently altering the bluff. • The tarps are conditioned to be a clear visqueen (or similar plastic) material with burlap or jute covering to blend with the natural color of the bluff. Based on the provided visual impact analysis, the existing bluff scarps are evident from close and distant vantage points and the proposed tarping would cover the existing scarp footprints. The Project is also conditioned to restrict the anchoring sandbags to natural brown or tan colors as well (Condition of Approval 5). • Proposed tarping would be limited to the areas shown in the approved plans, which includes three areas along the approximately 1,300-linear foot bluff face (133,300 square feet) within the subject property. The proposed square footage of the tarps would be limited to approximately 28,500 square feet. • The seasonal tarping component of this coastal development permit is valid for 10 years maximum from the effective date of this approval, so that new alternatives can be evaluated in the future based on current conditions and technologies that may be available. • The emergency work and the proposed future work are consistent with Article 6 of the Coastal Act. Public Access and Recreation 13 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 12 The project site is not located between the nearest public road and the sea or shoreline. Section 21.30A.040 of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project mitigates future landslide risk and protects Back Bay Drive that serves as a popular public recreation amenity through its use as a vehicular, cycling, walking and jogging route. There is public parking with connection to a hiking trail located northerly of the project site on Back Bay Drive. The emergency work and proposed future work would increase public safety from fallen rock debris and help to ensure that Back Bay Drive remains open for public recreation to the maximum extent possible. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited so as not to block or impede existing public access opportunities. Rather, the project will help to protect existing recreational facilities from lengthy closure, as was the case following the last rockslide. The k-rail has limited visibility and is located against the toe of the high bluff. The emergency work and future proposed work would not impact public views and is consistent with Section 21.30A (Public Access and Recreation) of the NBMC. Natural Resources The Back Bay and Newport Bay estuary are located across Back Bay Drive west of the project site. The property is located on a coastal bluff that is identified as an Environmentally Sensitive Habitat Area (ESHA). Section 21.30B.060(A) (Mitigation and Monitoring) of the NBMC requires mitigation and monitoring programs including restoration and management programs in conjunction with coastal development permits in ESHA areas. • The Property is located within the Orange County Central Coastal Natural Communities Conservation Plan (“NCCP”). Therefore, in accordance with the NCCP Construction Measures requirements, surveys were conducted on-site prior to installation of the metal mesh. A technical memorandum was prepared by Glen Lukos Associates (“Glen Lukos”) dated February 17, 2021 to document the findings of a pre-construction survey for the federally-listed coastal California gnatcatcher and coastal cactus wren. The survey concluded that the project area subject to repairs contained no coastal sage scrub or cactus wren habitat and no coastal California gnatcatchers or cactus wren were detected. Nonetheless, a pre- construction survey was recommended for future construction on the site and is included as a condition of approval. • A second technical memorandum was prepared by Glen Lukos, dated April 19, 2021, to evaluate potential impacts related to the proposed soldier pile construction. Based on Glen Lukos’ review, the project would not impact native habitats. Nonetheless, to comply with the NCCP Construction Minimization Measures, pre-construction surveys were recommended to 14 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 13 ensure protection of the California Gnatcatcher and coastal cactus wren. Condition of Approval 10 is included to require the recommended pre- construction surveys. • Impacts from the proposed seasonal tarping were evaluated by Glen Lukos in a technical memorandum dated August 26, 2022. The report concluded that the areas of tarping are steep, lack topsoil, and are highly erosive. The tarping locations are unvegetated with small exceptions that, as conditioned, would be cut out from the tarps during installation. The tarps would be installed and removed each rainy season in a manner that does not encroach into adjacent native vegetation. The report also concludes that the slope areas receiving seasonal protection from installation of the tarps are not expected to support vegetation in the absence of the tarps and the slope protection does not appear to pose an adverse effect on vegetation on the steep barren slopes. Condition of Approval 9 is included to require that the tarps be installed and removed in compliance with the recommendations of the August 26, 2022 report. The emergency work and the proposed future work are consistent with Section 21.30B Habitat Protection of the NBMC and Article 5 of the Coastal Act. Marine Environment The work area is located across the street from the Back Bay and Newport Beach estuary. The emergency work and proposed future work will not change water runoff from the bluffs or potentially impact marine species. Section 30235 Construction Altering Natural Shoreline allows “[r]evetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply.” The Park Newport Apartments were constructed in 1969 which predates the Coastal Act of 1976 and are considered as existing structures and are therefore eligible for protection. There will be no impact to the local sand supply because the property is not located on or near a sandy beach. The emergency work and the proposed future work are consistent with Article 4 of the Coastal Act. Encroachments in Public Rights-of-Way The property owner is requesting a waiver to retain existing non-compliant private improvements within the Back Bay Drive public right-of-way consisting of: • K-rail Section 1: 174-feet long and encroaching up to 12-feet 8-inches into the Back Bay Drive public right-of-way; 15 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 14 • K-rail Section 2: 100-feet long and encroaching up to 6-feet ten 10-inches into the Back Bay Drive public right-of-way; and • K-rail section 3: 108-feet long and encroaching up to 8-feet 3-inches into the Back Bay Drive public right-of-way. The temporary k-rail along Section 2 was installed in 2021 as part of Coastal Development Permit CDP2021-001 for emergency slope repair and future slope stabilization measures. It is unclear when Section 1 and Section 3 were installed, but they were not installed by the City. The three sections of k-rail encroach up to 12-feet 8-inches into the 40-foot wide Back Bay Drive public right-of-way but in all instances are located behind the edge of the pavement. The Back Bay Drive parkway varies in width from approximately 8 feet to 15 feet from the edge of pavement to the property line. City Council Policy L-6 (“Policy”) prohibits encroachments in excess of 1-foot into the public right-of-way or taller than 36- inches in height. The encroachment is necessary for two reasons, (1) the property line is located up the slope, and it is physically impossible to install k-rail up the slope because it could not be safely secured; and (2), the k-rail is necessary to keep rocks and soil off of the roadway. Without the k-rail, Back Bay Drive would be subject to consistent falling rocks and soil slipping onto the roadway. The k-rail is located as far away from the edge of pavement as possible in order to minimize the encroachment. The Owner is requesting a waiver of the Policy to retain the existing improvements. City Council Policy L-6, Encroachments in Public Rights-of-Way, explains and describes how the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights-of-way. The Policy specifies allowable and prohibited encroachments and describes the required permits and/or encroachment agreements. Private encroachments are prohibited without a waiver of Policy L-6, which outlines private encroachment prohibitions including “…structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1- foot into the public right-of-way or exceeds 3-feet in height…” The Owner is requesting a waiver of this policy to retain the existing k-rail barrier that encroach in excess of 1-foot into the Back Bay Drive public right-of-way. Back Bay Drive in the vicinity of the proposed project is located at the base of a large slope. The top of slope is approximately 86-feet above the road surface of Back Bay Drive. The temporary k-rail is necessary to minimize slope debris from falling onto the roadway to maintain public access along Back Bay Drive. The Back Bay Drive right-of- way is approximately 40-feet wide. The parkway width of the right-of-way between the edge of pavement and the property line varies in width from approximately 8 feet to 15 feet wide. The existing private improvements do not diminish the rights of the public along the Back Bay Drive right-of-way and are generally located at the toe of slope. There are no city sidewalks in this portion of Back Bay Drive. Pedestrian, bicycles and vehicles 16 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 15 share the roadway in designated lanes. There are no existing City utilities within the encroachment area and the City has no plans to widen Back Bay Drive or install sidewalks. The recommended actions would not diminish public rights for future use and would provide a measure of protection from future debris fall. Staff supports the policy waiver for the existing private improvements. In staff’s review of the site conditions, the existing improvements do not hinder the use of the public right-of- way. The existing private improvements will not be detrimental to the health, safety, and welfare of the public. The existing private improvements do not diminish the rights of the public, present and future at this location, provided an encroachment agreement between the City and the Owner will be executed. Should the Planning Commission approve the waiver of the existing private improvements and appurtenances, staff recommends an encroachment agreement be entered into with the property owner consistent with Policy L-6. The encroachment agreement specifies the rights of the City and any liability associated with the existing private improvements would be transferred to the Owner. Additionally, if the need for public improvements should arise in the future, the Owner shall agree to remove all encroachments at no cost to the City. The encroachment agreement will be recorded onto the property’s title, provides important notice for the current and future property owner, and protects the City. Summary and Alternatives The proposed project represents the least damaging environmental alternative to protect the existing pre-Coastal Act residential structures on the property. The applicant has provided substantial support from geotechnical, engineering, and biological professionals to demonstrate that the protective structures are necessary and will not cause significant impacts to coastal resources. The revised design of the temporary tarps blends into the existing bluff landscape and have alleviated the original concerns of the appellants. Previous comments from the California Coastal Commission have been addressed in this staff report. The proposed protective measures will reduce the risk of future closures along Back Bay Drive and help ensure the availability of this important public access route. The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 17 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 16 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in a resolution. Environmental Review This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Project is necessary to mitigate and reduce the immediate risks associated with rock, soil, or other debris from falling on to Back Bay Drive during a potential rain event. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes the construction of new small facilities or structures such as utility improvements and residential accessory structures. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions because the project is not located near a scenic highway, hazardous waste site, or historic resource and there are no other unusual circumstances or cumulative impacts related to the project. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: ______________________________ Liz Westmoreland, Senior Planner BMZ\law 18 Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission May 4, 2023 Page 17 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 April 21, 2022 Staff Report (Link) PC 3 Planning Commission Resolution No. PC2022-007 PC 4 CCC Staff Report for Appeal – Substantial Issue PC 5 Visual Impact Assessment (Photographs) PC 6 Latest Geotechnical Report (Rock Solid Geotechnical, 2023) PC 7 Alternatives Analyses PC 8 Site Plan 19 INTENTIONALLY BLANK PAGE20 Attachment No. PC 1 Draft Resolution with Findings and Conditions 21 INTENTIONALLY BLANK PAGE22 RESOLUTION NO. PC2023-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW LANDSLIDE AND ROCK FALL MITIGATION AND A WAIVER OF CITY COUNCIL POLICY L-6 FOR A MULTI-UNIT APARTMENT COMPLEX LOCATED AT 5000 PARK NEWPORT DRIVE (PA2023-0034) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Park Newport Land LTD, a California limited partnership (“Owner”), with respect to property located at 5000 Park Newport Drive, and legally described as Parcel 1 of Lot Line Adjustment No 94-01 recorded as Document # 94- 0092253 in the office of the County Recorder of Orange County (“Property”), requesting approval of an encroachment permit and coastal development permit (“CDP”). 2. A landslide occurred at the Property on June 26, 2020, which resulted in the temporary closure of Back Bay Drive to vehicular traffic. 3. The Owner retained Hetherington Engineering, Inc. a professionally licensed engineering and geology firm (“Hetherington”), to assess the risk of further slope failure and assist with remediating the landslide area. On January 6, 2021, Hetherington issued a geotechnical opinion letter that concluded there is an imminent risk of future rockfalls at the Property due to a steeply inclined scarp along the upper portion of the landslide area. The letter recommended installation of an anchored rockfall mesh at the head of the scarp of the landslide area and k-rail barrier along the toe of the slope as soon as possible. 4. On January 20, 2021, the Owner submitted a request for an emergency CDP to install the measures identified in the Hetherington recommendation. Emergency CDP No. CD2021- 001 was subsequently approved by the Community Development Director on January 22, 2021. 5. Consistent with the Conditions of Approval for CD2021-001 and CD2021-066, the Owner submitted a request for a CDP on April 22, 2021, to permanently authorize the work completed under the two emergency CDPs. The CDP request included additional landslide mitigation consisting of the installation of soldier piles to protect two existing multi-unit residential structures based on the recommendation from Hetherington dated March 29, 2021. 6. On October 21, 2021, Hetherington issued a third geotechnical opinion letter that concluded there was an imminent risk of future landslides during significant rain events and recommended the immediate installation of temporary tarps along selected portions of the Property for the duration of the rainy season. 23 Planning Commission Resolution No. PC2023-021 Page 2 of 16 01-17-23 7. Also on October 21, 2021, the Owner submitted a second emergency CDP request to install temporary tarps consistent with Hetherington’s recommendation. Emergency CDP No. CD2021-066 was approved by the Community Development Director on October 26, 2021. The previously submitted application for a CDP was updated to include a request for seasonal tarping every year during the rainy season. 8. The Property is bordered by public property along the Newport Beach Back Bay, including the Back Bay Drive public trail. The Owner requested approval to retain the existing non- compliant improvements within the public right-of-way, consisting of three sections of temporary k-rail that encroach up to 12 feet, 8 inches into the 40-foot-wide public right-of- way at the Property. The Back Bay Drive parkway within the public right-of-way varies in width from approximately eight feet to fifteen feet from edge of pavement to the subject property line. City Council Policy L-6 (“Policy L-6”) limits encroachments to a one foot projection into the right-of-way or less than 36 inches in height. 9. The requested encroachments were not specifically provided for within Policy L-6. Thus, the encroachment is prohibited under Section A (Private encroachments that are prohibited without a waiver and approval) of said Policy. Due to this prohibition, the requested encroachment could only be approved upon the waiver of Policy L-6 and approval of an encroachment permit by the Planning Commission. 10. A duly noticed public hearing was held on April 21, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 11. At the conclusion of the public hearing, the Planning Commission unanimously approved the Project (7-0) in its entirety. No appeals were filed locally with the City of Newport Beach. 12. On May 11, 2022, Juliette and Todd Worthe (“Appellants”) filed a timely appeal of the Project with the California Coastal Commission (“CCC”). 13. On July 13, 2022, the CCC found substantial issue with the City’s approval. The CCC determined that the City’s conclusion that the development is consistent with the provisions of the LCP was not adequately supported by documents in the record file or the City’s findings. The Appellants’ concerns related only to aesthetic impacts to the bluff from the placement of tarps during the rainy season (October to April). 14. On October 11, 2022, Rock Solid Geotechnical issued a temporary tarp placement letter that concluded there is an imminent risk of impacts to Back Bay Drive and the public if the tarps are not installed prior to significant rainfall. 15. On October 14, 2022, the Owner requested an emergency CDP for seasonal tarping recommended by Rock Solid Geotechnical. The CCC supported the Owner’s request and on October 14, 2022, the Community Development Department Director approved the 24 Planning Commission Resolution No. PC2023-021 Page 3 of 16 01-17-23 Emergency CDP filed as PA2022-0233. The tarps were installed on the bluff shortly thereafter to be removed at the end of the rainy season. 16. On February 7, 2023, the Owner consulted with the CCC to withdraw their application with the CCC and applied for a new CDP with the City. As part of this new application submittal, the Owner modified the request to reduce the visual impact of the seasonal tarps through use of clear tarps with burlap. Other modifications to the prior CDP request include installation of smaller piles (i.e., “micropiles”) and tieback anchors recommended by Rock Solid Geotechnical in their report dated January 25, 2023 (“Project”). The Project remains largely the same as the original project approved by the Planning Commission on April 21, 2022. 17. The Property is designated by the General Plan Land Use Element as RM (Multiple Residential) and is in the Planned Community 7-Park Newport Zoning District. 18. The Property is in the Coastal Zone. The Coastal Land Use Plan designation is RM-D (Multiple Unit Residential) - (20.0 -29.9 DU/AC) and it is located within the Planned Community 7 -Park Newport (PC-7) Coastal Zoning District. 19. A public hearing was held on May 4, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC, and Council Policy L-6 (Encroachments in Public Rights-of- Way). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Project is necessary to mitigate and reduce the immediate risks associated with rock, soil, or other debris from falling on to Back Bay Drive during a potential rain event. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes the construction of new small facilities or structures such as utility improvements and residential accessory structures. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions because the project is not located near a scenic highway, hazardous waste site, or historic resource and there are no other unusual circumstances or cumulative impacts related to the project. SECTION 3. REQUIRED FINDINGS. 25 Planning Commission Resolution No. PC2023-021 Page 4 of 16 01-17-23 In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. The Project includes retaining the existing steel mesh on the bluff face, the use of seasonal tarping, and the installation of micropiles (i.e., small soldier piles), which are underground structures. Minor grading and drainage are proposed along the top of the bluff to ensure that water drains away from the bluff face. None of the Project features would impact parking, height, setbacks, or floor area of the existing residential structures on site. 2. Section 21.52.025 (Emergency Coastal Development Permits) of the NBMC, allows for the issuance of emergency coastal development permits where, “[I]n the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed.” a. Based upon the January 6, 2021, and October 21, 2021, geotechnical opinion letters issued by Hetherington which concluded there is an imminent risk of future landslides without immediate mitigation, the Community Development Director verified that an emergency existed and authorized immediate action via emergency CDP Nos. CD2021-001 and CD2021-066 to prevent/mitigate loss or damage to life, health, property and essential public services. b. Based upon the October 11, 2022 temporary tarp placement letter prepared by Rock Solid Geotechnical, which concluded that there is an imminent risk of impacts to Back Bay Drive and the public if the tarps are not installed prior to significant rainfall, the Community Development Director verified that an emergency existed and authorized immediate action via emergency coastal development permit PA2022-0233 to prevent/mitigate loss or damage to life, health, property and essential services. 3. The emergency work was conducted to stabilize the surface as mitigation for the purposes of maintaining public safety and to prevent future closure of Back Bay Drive due to fallen debris. This will ensure continuity of public access to the public parking lot located on Back Bay Drive. 4. Section 21.30.030(C)(3)(ii) (Protective Structures) of the NBMC allows construction of protective structures when designed to mitigate adverse impacts on local shoreline sand supply and existing structures that are “Threatened by natural hazards, provided 26 Planning Commission Resolution No. PC2023-021 Page 5 of 16 01-17-23 that the protective structures are limited to the minimum required to protect the existing structure and located on private land, not State lands.” a. The Park Newport Apartments on the Property were constructed in 1969, which predates the Coastal Act of 1976 and are considered existing structures located on private land. b. Based upon a history of six recorded landslides on the Property dating back to 1978 and existing slope conditions that are described by Hetherington as “grossly and surficially unstable from an engineering geologic and geotechnical engineering perspective,” two existing multi-unit residential structures (Building 4 & Unit 4830/Clubhouse) are threatened by landslide and require further mitigation in the form of soldier pile installation, in combination with the use of temporary tarping at select locations along the slope during the rainy season. c. A Geotechnical Summary of Proposed Landslide Mitigation was prepared by Rock Solid Geotechnical, dated January 25, 2023, to reevaluate Hetherington’s proposed solutions to protect the existing residential structures at the subject property. The report states that, due to the height, steep slope ratio, existing landslides, locally adverse geologic structure, and poor-quality bedrock exposed on the coastal bluff, the slope is considered grossly and surficially unstable from an engineering geologic and geotechnical engineering perspective. The report recommends mitigation in the form of extending the clubhouse soldier piles to the south and installing micropiles (small soldier piles) and tiebacks southeast of Building 4, which is substantially consistent with the Hetherington reports. 5. Section 21.30.030(C)(3)(d) (Protective Structures) of the NBMC requires that protective devices, such as the proposed micropiles, be designed and sited to: (1) be as far landward as possible and within private property; (2) eliminate or mitigate adverse impacts to coastal resources; (3) minimize alteration of natural processes; (4) provide for public access to State tidelands and recreational areas; and (5) minimize visual impacts and maximize the enjoyment of the natural shoreline environment. a. The proposed micropiles are located as far landward as possible within the Property. The landslide and rockfall mitigation measures would prevent future adverse impacts to coastal access through landslides and rockfalls onto the Back Bay trail. Lastly, as conditioned, the seasonal tarping would minimize visual impacts and retain the aesthetic qualities of the bluff by using tarps that blend into the landscape. b. Several alternatives to address the geologic conditions and future mitigation efforts were evaluated by Hetherington in a report dated April 21, 2022. The report analyzes alternatives to the soldier piles such as re-grading the slopes to a stable slope ratio and a mechanical solution of installing tiebacks and grade beams. However, the report concludes that the soldier pile solution is 27 Planning Commission Resolution No. PC2023-021 Page 6 of 16 01-17-23 the least environmentally damaging alternative because it would result in the least amount of disturbance to the coastal bluff and biological resources. It would further not be visible on the bluff face and would still achieve the minimum factor of safety for the residential structures. The report indicates that the soldier piles would not be visible for approximately 50 to 150 years, and only if the slope has eroded, retreated, or failed to the locations of the piles. c. An additional alternative was evaluated in a memorandum prepared by Kane Geotech Inc., dated April 5, 2023. The memorandum evaluated retrofitting piles underneath the existing structures (i.e., underpinning) and low impact solutions such as soil nails with high strength steel mesh and erosion control matting. However, the report concluded that the retrofitting of piles was deemed to be overly complex, incur a high risk of damaging the existing structures, risked public safety, and would be cost inefficient compared with other stabilization measures. The soil nails and steel mesh and erosion control matting were unviable due to property limits and construction restrictions on the slope. Therefore, both Hetherington and Kane Geotech Inc. have indicated that the proposed soldier or micropiles are the least damaging environmental alternative that would provide protection to the existing residential structures. 6. The location on the Property is a coastal bluff that is identified as an Environmentally Sensitive Habitat Area (“ESHA”). Section 21.30B.060(A) (Mitigation and Monitoring) of the NBMC requires mitigation and monitoring programs including restoration and management programs in conjunction with coastal development permits in ESHA areas. a. The Property is located within the Orange County Central Coastal Natural Communities Conservation Plan (“NCCP”). Therefore, in accordance with the NCCP Construction Measures requirements, surveys were conducted on-site prior to installation of the metal mesh. A technical memorandum was prepared by Glen Lukos Associates (“Glen Lukos”) dated February 17, 2021, to document the findings of a pre-construction survey for the federally-listed coastal California gnatcatcher and coastal cactus wren. The survey concluded that the project area subject to repairs contained no coastal sage scrub or cactus wren habitat and no coastal California gnatcatchers or cactus wren were detected. Nonetheless, a pre-construction survey was recommended for future construction on the site. b. A second technical memorandum was prepared by Glen Lukos, dated April 19, 2021, to evaluate potential impacts related to the proposed soldier pile construction. Based on Glen Lukos’ review, the project would not impact native habitats. Nonetheless, to comply with the NCCP Construction Minimization Measures, pre-construction surveys were recommended to ensure protection of the California Gnatcatcher and coastal cactus wren. Condition of Approval 10 is included to require the recommended pre-construction surveys. 28 Planning Commission Resolution No. PC2023-021 Page 7 of 16 01-17-23 c. Impacts from the proposed seasonal tarping were evaluated by Glen Lukos in a technical memorandum dated August 26, 2022. The report concluded that the areas of tarping are steep, lack topsoil, and are highly erosive. The tarping locations are unvegetated with small exceptions that, as conditioned, would be cut out from the tarps during installation. The tarps would be installed and removed each rainy season in a manner that does not encroach into adjacent native vegetation. The report also concludes that the slope areas receiving seasonal protection from installation of the tarps are not expected to support vegetation in the absence of the tarps and the slope protection does not appear to pose an adverse effect on vegetation on the steep barren slopes. Condition of Approval 9 is included to require that the tarps be installed and removed in compliance with the recommendations of the August 26, 2022 report. 7. Section 21.30.100(E)(8) (Landform Alteration) of the NBMC requires that development be sited and design to minimize removal of vegetation and the alteration of rock outcroppings and other natural landforms. a. The technical memoranda prepared by Glen Lukos Associates indicate that there is limited vegetation within the Project area due to the steep slope and erosion on the bluff face. The proposed seasonal tarping is required to install cut outs in the material to allow any small areas of remaining vegetation to grow. Additionally, the project includes revegetating areas of the slope with a native seed mix to encourage new vegetation growth. b. The Project includes the minimum mitigation necessary to stabilize the bluff. The bluff face would be altered temporarily during the seasonal tarping, which would not permanently impact the landform. The tarps have been conditioned to blend into the existing bluff face landform. The proposed micropiles are proposed in two locations that are directly adjacent to Building 4 and the Building 37 (Clubhouse)/Unit 4830. The micropiles are located as far landward as possible and according to Heatherington, would not be visible for at least 50 to 150 years should the bluff continue to erode. Lastly, the existing metal mesh system is necessary to protect the public on the Back Bay trail below from falling rocks and boulders. The metal mesh consists of approximately 3,000 square feet, which is a very small portion of the approximately 311,300-square-foot bluff face within the Property. The metal mesh allows the bluff face below to be visible through the holes in the mesh, offsetting the visual impact of the mesh. 8. The Property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (“CBC”) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 29 Planning Commission Resolution No. PC2023-021 Page 8 of 16 01-17-23 9. The Project site is located adjacent to and immediately east of Back Bay Drive, which is a designated public view road in the Coastal Land Use Plan and offers public views of Upper Newport Bay. Site evaluation revealed that the proposed landslide/rockfall mitigation improvements will not affect the existing views afforded from Back Bay Drive as the Project improvements are located landward of Upper Newport Bay. In addition, tarping of the slope has been limited through conditions of approval to only allow minimum times of the year when heavy rains are likely to occur and pose the greatest risk of landslide/slope failure. Therefore, the Project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. 10. Local Coastal Program Policy 4.4.1-1 requires new development to protect coastal views along the ocean, bay, harbor, coastal bluffs and other coastal resources. The proposed tarps and sandbags are the least visually and physically intrusive alternative that would provide protection to the bluff while also not permanently altering the bluff. a. The tarps are conditioned to be a clear visqueen (or similar plastic) material with burlap or jute covering to blend with the natural color of the bluff. Based on the provided visual impact analysis, the existing bluff scarps are evident from close and distant vantage points and the proposed tarping would cover the existing scarp footprints. The Project is also conditioned to restrict the anchoring sandbags to natural brown or tan colors as well (Condition of Approval 5). b. Proposed tarping would be limited to the areas shown in the approved plans, which includes three areas along the approximately 1,300-linear foot bluff face (133,300 square feet) within subject property. The proposed square footage of the tarps would be limited to approximately 28,500 square feet. c. The seasonal tarping component of this coastal development permit is valid for 10 years maximum from the effective date of this approval, so that new alternatives can be evaluated in the future based on current conditions and technologies that may be available. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The Project site is not located between the nearest public road and the sea or shoreline. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project mitigates future landslide risk and protects Back Bay Drive, which serves as a popular public recreation amenity through its use as a cycling, walking and jogging route. Therefore, the Project does not involve a change in land use, density or intensity that will 30 Planning Commission Resolution No. PC2023-021 Page 9 of 16 01-17-23 result in increased demand on public access and recreation opportunities. The existing k- rails to be maintained are located on public property but would not impact use of the existing Back Bay trail because the k-rails are located along the edge of the trail. Furthermore, the Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. In accordance with City Council Policy L-6 (Encroachments in the Public Rights-of-Way), the following findings and facts in support of such findings are set forth: Finding: C. The existing private improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. The Project does not hinder the present or future use of the public right-of-way, including sidewalks, and there are no existing City utilities located within the encroachment area. 2. The Back Bay Drive parkway within the public right-of-way varies in width from approximately 8 feet to 15 feet wide of the overall 40-foot right-of-way width. The requested encroachments project up to 12-feet 8-inches into the parkway. 3. The Project does not diminish the rights of the public along the Back Bay Drive right-of- way. There are no sidewalks along Back Bay Drive adjacent to the Project and the City does not currently have plans to install sidewalks. 4. The Back Bay Drive parkway generally slopes upward toward private property. The top of slope is approximately 86 feet above the road surface of Back Bay Drive. 5. Approval would require the Owner to enter into an Encroachment Agreement to allow the existing improvements as requested, and any liability associated with the existing private improvements would be transferred to the Owner. Additionally, if the need for public improvements should arise in the future, Owner shall agree to remove all encroachments at no cost to the City. Finding: D. The individual circumstances applicable to this application and the existing encroachment are consistent with the public interest. Facts in Support of Finding: 1. The k-rail is necessary to minimize slope debris onto the roadway to maintain access along Back Bay Drive. The k-rail along Section 2 was installed in 2021 as part of Coastal Development Permit No. CD2021-001 for emergency slope repair and future slope stabilization measures. It is unclear when Section 1 and Section 3 were installed. 31 Planning Commission Resolution No. PC2023-021 Page 10 of 16 01-17-23 2. The maximum height of proposed structures in the right-of-way will not exceed 36 inches in height above the adjacent pavement surface. Public views along the Back Bay Drive will remain unobstructed. 3. There are no existing City utilities within the encroachment area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 and Section 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions because the project is not located near a scenic highway, hazardous waste site, or historic resource and there are no other unusual circumstances or cumulative impacts related to the project. 2. The Planning Commission of the City of Newport Beach hereby approves the CDP filed as PA2023-0034, subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF MAY, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Curtis Ellmore, Chair 32 Planning Commission Resolution No. PC2023-021 Page 11 of 16 01-17-23 BY:_________________________ Sarah Klaustermeier, Secretary 33 Planning Commission Resolution No. PC2023-021 Page 12 of 16 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Owner, or future owner, shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this CDP. 4. Protective devices authorized under this Coastal Development Permit shall be removed to the maximum extent feasible, when the existing structures requiring protection are no longer present or if there is a major remodel negating the protection, whichever comes first. 5. Tarps shall be clear in color with burlap or jute materials on top of the entire extent of the tarp to blend in with the bluff face. Similar colored material (tan or buff) shall be used for the sandbags that secure the tarps. The use of bright contrasting colors such as orange, yellow, or black shall be prohibited. After installation of temporary tarping during the rainy season, the Planning Division shall conduct a site investigation of the tarps to confirm compliance with the allowed color and design of the tarps. 6. Temporary tarping shall be limited to the months of October to the end of April to coincide with Southern California’s rainy season, unless it is determined that the rainy season has shifted to a different timeframe. 7. All temporary tarping authorized by this permit shall be limited to a 10-year period that shall commence upon the effective date of this approval once all appeal periods have expired. 8. All temporary tarping shall be limited to the approximate locations on the approved plans. 9. All temporary tarping shall be installed and removed in a manner that avoids native vegetation. The tarps shall be installed to the edge of any vegetation or allow for “cut outs” where local patches of vegetation are avoided and protected in place. 10. Prior to the commencement of grading operations or other activities involving disturbances to coastal sage scrub (including installation of seasonal tarping), a survey shall be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer 34 Planning Commission Resolution No. PC2023-021 Page 13 of 16 01-17-23 extent of projected soil disturbance activities, and the locations of any such species shall be clearly marked and identified on the construction/grading plans. 11. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Commission Permit Jurisdiction, State tidelands, or public beaches. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a CDP approved by the CCC. 12. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 13. The Owner is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 14. This CDP may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 15. Any substantial change or other modification to the approved plans, shall require subsequent review by the Planning Division and, depending on the scope of the change, may require an amendment to this CDP or the processing of a new CDP. 16. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 35 Planning Commission Resolution No. PC2023-021 Page 14 of 16 01-17-23 17. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 18. Prior to issuance of a building permit, a construction erosion control plan shall be provided. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the construction erosion control plan. 19. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7 AM and 10 PM Between the hours of 10 PM and 7 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 21. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 22. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. 23. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Park Newport Landslide and Rock Fall Mitigation Project including, but not limited to PA2023-0034. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and 36 Planning Commission Resolution No. PC2023-021 Page 15 of 16 01-17-23 other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 24. The Owner is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements as applicable. 25. Prior to the issuance of a building permit, the applicant shall submit a Soils and Geology Report to the Building Division for review. The contents of soils and geology report shall include but are not limited to static slope stability analysis, seismic slope stability analysis, lateral earth pressure analysis, minimum field exploration, laboratory testing, and design recommendations. The report shall comply with City Policy “Geotechnical Investigation” document. 26. Prior to the issuance of a building permit for the soldier piles, the project plans or reports shall indicate that the soldier piles and tieback anchors account for seismic and creep loads. 27. Prior to the issuance of a building permit, grading and drainage plans shall be provided to demonstrate that surface sheet flow will not go over the top of the bluff. The plans shall indicate any drainage control measures that are required to divert stormwater from draining over the slope. Public Works Department 28. The Owner shall obtain an “After the Fact” Encroachment Permit to allow three sections of k-rail that encroach up to 12 feet 8-inches into the Back Bay Drive public right-of-way with a waiver of City Council Policy L-6, Section A (Private Encroachments that are Prohibited Without a Waiver and Approval). 29. The Owner shall enter an encroachment agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 30. This Encroachment Permit allows three sections of K-rail that encroach up to 12 feet 8- inches into the Back Bay Drive public right-of-way with a waiver of City Council Policy L-6, Section A. 37 Planning Commission Resolution No. PC2023-021 Page 16 of 16 01-17-23 31. Crash cushions shall be installed at the beginning of each k-rail section. The design shall be reviewed and approved by the Public Works Department prior to fabrication and installation. 32. The Owner shall immediately remove any slope debris from the roadway surface. 33. At least monthly, the Owner shall inspect the Project site and shall promptly remove debris behind and around the k-rail. 34. If the need for public improvements arises in the future, the Owner shall remove all encroachments at no cost to the City. 38 INTENTIONALLY BLANK PAGE39 Attachment No. PC 2 April 21, 2022 Staff Report https://ecms.newportbeachca.gov/WEB/D ocView.aspx?id=2817313&dbid=0&repo= CNB 40 INTENTIONALLY BLANK PAGE41 Attachment No. PC 3 Planning Commission Resolution No. PC2022-007 42 INTENTIONALLY BLANK PAGE43 RESOLUTION NO. PC2022-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-001 TO ALLOW FOR LANDSLIDE/ROCK FALL MITIGATION AND TO WAIVE CITY COUNCIL POLICY L-6 TO RETAIN EXISTING IMPROVEMENTS WITHIN THE BACK BAY DRIVE PUBLIC RIGHT-OF-WAY LOCATED AT 5000 PARK NEWPORT DRIVE (PA2021-099) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Park Newport Land LTD, a California limited partnership (“Owner”), with respect to property located at 5000 Park Newport Drive, Newport Beach, California, and legally described as Parcel 1 of Lot Line Adjustment No 94-01 recorded as Document # 94-0092253 in the office of the County Recorder of Orange County (“Property”), requesting approval of an encroachment permit. 2. A landslide occurred at the subject Property on June 26, 2020, that has resulted in the temporary closure of Back Bay Drive to vehicular traffic. 3. The Property owners retained Hetherington Engineering, Inc. a professionally licensed Engineering and Geology firm (“Hetherington”) to assess the risk of further slope failure and assist with remediating the landslide area. On January 6, 2021, Hetherington issued a geotechnical opinion letter that concluded there is an imminent risk of future rockfalls at the subject site due to a steeply inclined scarp along the upper portion of subject landslide area. The letter further opined that the installation of anchored rockfall mesh at the head of the scarp of the landslide area and installing a K-rail barrier along the toe of the slope should be installed as soon as possible. 4. On January 20, 2021, the Owner submitted an emergency coastal development permit request to install anchored rockfall mesh at the head of the scarp of the landslide area and to install a K-rail barrier along the toe of the slope consistent with the recommendation of Hetherington. Emergency coastal development permit CD2021-001 was subsequently approved by the Community Development Director on January 22, 2021. 5. On October 21, 2021, Hetherington issued a geotechnical opinion letter that concluded there was an imminent risk of future landslides during significant rain events and recommended the immediate installation of temporary tarps along selected portions of the property during the 2021-2022 rainy season. 6. On October 21, 2021, the Owner submitted an emergency coastal development permit request to install temporary tarps along selected portions of the property during the 2021- 2022 rainy season consistent with the recommendation of Hetherington. Emergency 44 Planning Commission Resolution No. PC2022-007 Page 2 of 11 coastal development permit CD2021-066 was subsequently approved by the Community Development Director on October 26 ,2021. 7. Consistent with the conditions of approval of emergency coastal development permit CD2021-001 and CD2021-066, the Owner submitted a coastal development permit request on April 22, 2021, to authorize the work completed under the two emergency coastal development permits as well as future landslide mitigation consisting of the installation of solider piles to protect two existing principle structures. 8. The Owner requests a waiver to retain existing non-compliant improvements consisting of three (3) sections of temporary k-rail within the Back Bay Drive public right-of-way that encroach up to twelve (12)-feet 8-inches into the 40-foot wide public right-of-way at the Property (“Project”). The Back Bay Drive parkway within the public right-of-way varies in width from approximately eight (8)-feet to fifteen (15)-feet from edge of pavement to the property line. City Council Policy L-6 (“Policy”) prohibits the proposed structures are limited to a one 1-foot projection into the right-of-way or less than 36-inches in height. 9. The requested approvals are not specifically provided for within City Council Policy L-6 (Encroachment in Public Rights-of-Way) (“City Council Policy L-6”). Thus, the Project is prohibited under Section A (Private encroachments that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy L-6 and approval of the encroachment permit by the Planning Commission. 10. The property is designated by the General Plan Land Use Element as RM (Multiple Residential) and is located in the Planned Community 7-Park Newport Zoning District. 11. The Property is located in the coastal zone. The Coastal Land Use Plan designation is RM- D (Multiple Unit Residential) - (20.0 -29.9 DU/AC) and it is located within the Planned Community 7-Park Newport Coastal Zone District. 12. A public meeting was held on April 21, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and City Council Policy L-6. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 45 Planning Commission Resolution No. PC2022-007 Page 3 of 11 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency) and Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Project is necessary to mitigate and reduce the immediate risks associated with rock, soil, or other debris from falling on to Back Bay Drive during a potential rain event. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (“NBMC”), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. Local Coastal Program Implementation Plan Section 21.52.025 (Emergency Coastal Development Permits) of the NBMC, allows for the issuance of emergency coastal development permits where, “[I]n the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed.” b. Based upon the January 6, 2021, and October 21, 2021, geotechnical opinion letters issued by Hetherington which both concluded there is an imminent risk of future landslides without immediate mitigation, the Community Development Director verified that an emergency existed and authorized immediate action via emergency coastal development permit CD2021-001 and CD2021-066 to prevent/mitigate loss or damage to life, health, property and essential public services. c. Local Coastal Program Implementation Plan Section 21.30.030(C)(3)(ii) – (Protective Structures) allows construction of protective structures when designed to mitigate adverse impacts on local shoreline sand supply and existing structures that are: “Threatened by natural hazards, provided that the protective structures 46 Planning Commission Resolution No. PC2022-007 Page 4 of 11 are limited to the minimum required to protect the existing structure and located on private land, not State lands.” d. The Park Newport Apartments on the Property were constructed in 1969 which predates the Coastal Act of 1976 and are considered existing structures located on private land. e. Based upon a history of six(6) recorded landslides on the Project site dating back to 1978 and existing slope conditions which are described by, Hetherington as “grossly and surficially unstable from an engineering geologic and geotechnical engineering perspective” two (2)existing residential structures (Building 4 & Unit 4830) are threatened by natural hazards (landslide) and require further mitigation in the form of solider pile installation and the use of temporary tarping of select locations along the slope during rainy season. 2. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (“CBC”) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 3. The Project site is located adjacent to and immediately east of Back Bay Drive, which is a designated public view road in the Coastal Land Use Plan and offers public views of Upper Newport Bay. Site evaluation revealed that the proposed landslide/rockfall mitigation improvements will not affect the existing views afforded from Back Bay Drive as the Project improvements are located landward of Upper Newport Bay. In addition, tarping of the slope has been limited through conditions of approval to only allow minimum times of the year when heavy rains are likely to occur and pose the greatest risk of landslide/slope failure. Therefore, the Project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The Project site is not located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30.040 requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project mitigates future landslide risk and protects Back Bay Drive which serves as a popular public recreation amenity through its 47 Planning Commission Resolution No. PC2022-007 Page 5 of 11 use as a cycling, walking and jogging route. Therefore, the Project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. In accordance with City Council Policy L-6 (Encroachments in the Public Rights-of-Way), the following findings and facts in support of such findings are set forth: Finding: C. The existing private improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 4. The Project does not hinder the present or future use of the public right-of-way, including sidewalks, and there are no existing City utilities located within the encroachment area. 5. The Back Bay Drive parkway within the public right-of-way varies in width from approximately eight (8) feet to 15 feet wide of the overall 40 foot right-of-way width. The requested encroachments project up to twelve (12)-feet 8-inches into the parkway. 6. The Project does not diminish the rights of the public along the Back Bay Drive right-of- way. There are no sidewalks along Back Bay Drive adjacent to the Project and the City does not currently have plans to install sidewalks. 7. The Back Bay Drive parkway generally slopes upward toward private property. The top of slope is approximately 86 feet above the road surface of Back Bay Drive. 8. Approval would require the Owner to enter into an Encroachment Agreement to allow the existing improvements as requested, and any liability associated with the existing private improvements would be transferred to the Owner. Additionally, if the need for public improvements should arise in the future, Owner shall agree to remove all encroachments at no cost to the City. Finding: D. The individual circumstances applicable to this application and the existing encroachment are consistent with the public interest. Facts in Support of Finding: 1. The temporary K-rail is necessary to minimize slope debris onto the roadway to maintain access along Back Bay Drive. The temporary K-rail along Section 2 was installed in 2021 as part of Coastal Development Permit CD2021-001 for emergency slope repair and future slope stabilization measures. It is unclear when Section 1 and Section 3 were installed. 48 Planning Commission Resolution No. PC2022-007 Page 6 of 11 2. The maximum height of proposed structures in the right-of-way will not exceed 36 inches in height above the adjacent pavement surface. Public views along the Back Bay Drive will remain unobstructed. 3. There are no existing City utilities within the encroachment area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby determines this Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 and Section 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2021-001, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 4. This action shall become final and effective fourteen (14) days following the date this Resolution is adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with City Council Policy L-6 and Title 21 Local Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF APRIL, 2022 AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES: None ABSTAIN: None ABSENT: None 49 Planning Commission Resolution No. PC2022-007 Page 7 of 11 BY:_________________________ Lee Lowrey, Chairman BY:_________________________ Curtis Ellmore, Secretary 50 Planning Commission Resolution No. PC2022-007 Page 8 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING DEPARTMENT 1. The Project shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. 2. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Prior to the issuance of building permits, the Owner shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 3. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 4. The Owner is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 51 Planning Commission Resolution No. PC2022-007 Page 9 of 11 5. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 6. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 7. Debris from demolition shall be removed from work areas each day and removed from the Project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 8. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 9. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 10. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 11. The Owner shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 12. This Coastal Development Permit may be modified or revoked by the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 13. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code (“NBMC”), which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the 52 Planning Commission Resolution No. PC2022-007 Page 10 of 11 NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. Prior to the issuance of building permit, the owner shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 17. Tarps shall be black in color with similar colored material used for the sandbags that secure the tarps. The use of bright contrasting colors such as orange or yellow shall be prohibited. 18. Temporary tarping shall be limited to the months of October to the end of April to coincide with Southern California’s rainy season 19. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 20. This Coastal Development Permit No. CD2021-001 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC unless an extension is otherwise granted. 21. Protective devices authorized under Coastal Development Permit No. CD2021-001 shall be removed when the existing structures requiring protection are redeveloped, or no longer present, whichever comes first. 22. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 23. The Owner shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Encroachment Permit and any associated Encroachment Agreements. PUBLIC WORKS DEPARTMENT 24. The owner shall obtain an “After the Fact” Encroachment Permit to allow three (3) sections of k-rail that encroach up to twelve (12) feet 8-inches into the Back Bay Drive 53 Planning Commission Resolution No. PC2022-007 Page 11 of 11 public right-of-way with a waiver of City Council Policy L-6, Section A “Private Encroachments that are Prohibited Without a Waiver and Approval”. 25. The Owner shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 26. This Encroachment Permit allows three (3) sections of K-rail that encroach up to twelve (12) feet 8-inches into the Back Bay Drive public right-of-way with a waiver of City Council Policy L-6, Section A of “Private Encroachments that are Prohibited Without a Waiver and Approval”. 27. Crash cushions shall be installed at the beginning of each K-rail section. Design shall be reviewed and approved by Public Works prior to installation. 28. The Owner shall immediately remove any slope debris from the roadway surface. 29. A minimum of monthly removal of debris behind and around the K-rail. 30. If the need for public improvements arises in the future, Owners shall remove all encroachments at no cost to the City. 31. To the fullest extent permitted by law, Owner 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 costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of, but not limited to, and Coastal Development Permit CD2021-001 and associated Encroachments into the Public Right of Way. 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 Owner, City, and/or the parties initiating or bringing such proceeding. The Owner 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 Owner shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 54 INTENTIONALLY BLANK PAGE55 Attachment No. PC 4 CCC Staff Report for Appeal – Substantial Issue 56 INTENTIONALLY BLANK PAGE57 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD, SUITE 300 LONG BEACH, CA 90802-4325 VOICE (562) 590-5071 FAX (562) 590-5084 W15a Filed: 05/11/2022 49th Day: 07/21/2022 Staff: L. Roman -LB Staff Report: 06/15/2022 Hearing Date: 07/13/2022 STAFF REPORT: APPEAL – SUBSTANTIAL ISSUE Appeal No.: A-5-NPB-22-0022 Applicant: Park Newport Land LTD Agents: CAA Planning, Shawna Shaffner and Gerson Bakar & Associates Local Government: City of Newport Beach Local Decision: Approval with Conditions Appellants: Juliette and Todd Worthe Project Location: 5000 Park Newport Drive, Newport Beach, Orange County (APN: 440-132-52 and 440-132-23) Project Description: Appeal of City of Newport Beach follow-up Coastal Development Permit (CDP) for two Emergency CDPs: CD2021-001 and CD2021-066 for the retention of previously installed rock fall/landslide mitigation consisting of an anchored mesh, K-rail barriers, and temporary plastic tarps on coastal bluffs along Back Bay Drive below the Park Newport community. New development authorized by this CDP consisting of construction of bluff protection for two existing residential structures of approximately 20 soldier piles at a 60-foot depth along a 150-feet long section of the bluff south past Unit 4830 and approximately 28 soldier piles along a 200-foot section on the southeast side of Building 4 of Park Newport community; and on-going annual installation of plastic tarps from October through April on select bluff face locations. 58 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 2 Staff Recommendation: Determine that a substantial issue exists. IMPORTANT HEARING PROCEDURE NOTE: The Commission will not take public testimony during the “substantial issue” phase of the appeal hearing unless at least three Commissioners request it. The Commission may ask questions of the applicants, appellants, any aggrieved person, the Attorney General, or the Executive Director prior to determining whether or not to take testimony regarding whether the appeal raises a substantial issue. If the Commission takes testimony regarding whether the appeal raises a substantial issue, testimony is generally, and at the discretion of the Chair, limited to three minutes total per side. Only the applicants, appellants, persons who opposed the application before the local government (or their representatives), and the local government shall be qualified to testify during this phase of the hearing. Others may submit comments in writing. If the Commission finds that the appeal raises a substantial issue, the “de novo” phase of the hearing will follow, during which the Commission will take public testimony. SUMMARY OF STAFF RECOMMENDATION On January 22, 2021, the City of Newport Beach Community Development Director approved Emergency Coastal Development Permit (CDP) No. CD2021-001 authorizing the installation of anchored rockfall mesh at the head of the scarp of a June 2020 landslide on an Upper Newport Bay coastal bluff. On October 26, 2021, the City of Newport Beach Community Development Director approved Emergency CDP No. CD2021-066 authorizing the installation of tarps at three locations along the coastal bluff secured with sandbags for the 2020-2021 rainy season. On April 21, 2022, the City of Newport Beach Planning Commission approved CDP No. CD2021-001 as the follow-up CDP to make permanent development from both Emergency CDPs and proposed new development consisting of the installation of soldier piles supporting two existing residential structures (Building 4 and Unit 4830) within the Park Newport development; and on-going annual installation of plastic tarps from October through April on select bluff face locations. On May 11, 2022, Juliette and Todd Worthe filed a timely appeal of local CDP No. CD2021-001. The appeal contends adverse visual impacts caused by the large sections of coastal bluff covered by plastic tarps during the months of October to the end of April (time period identified by the City as the rainy season). The subject property is located within the appealable jurisdiction of the Coastal Commission. The City of Newport Beach LCP was certified on January 30, 2017. Therefore, the standard of review for this appeal is the certified LCP and the Chapter 3 public access policies of the Coastal Act. Staff recommends that the Commission determine that a substantial issue exists with respect to the grounds on which appeal number A-5-NPB-22-0022 has been filed for the following reasons: the City’s conclusion that the development is consistent with the provisions of the LCP was not adequately supported by documents in the record file or 59 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 3 the City’s findings as stated in Local CDP No. CD2020-001. The motion and resolution to carry out the staff recommendation is on Page 6 of this report. 60 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 4 TABLE OF CONTENTS I. MOTION AND RESOLUTION – SUBSTANTIAL ISSUE .......................... 5 II. APPELLANTS’ CONTENTIONS .............................................................. 5 III. LOCAL GOVERNMENT ACTION ............................................................ 5 IV. APPEAL PROCEDURES ........................................................................ 6 V. FINDINGS AND DECLARATIONS – SUBSTANTIAL ISSUE ................... 7 A. PROJECT LOCATION AND DESCRIPTION ........................................................................ 7 B. LOCAL COASTAL PROGRAM CERTIFICATION ................................................................ 10 C. FACTORS TO BE CONSIDERED IN SUBSTANTIAL ISSUE ANALYSIS ................................ 10 D. SUBSTANTIAL ISSUE ANALYSIS .................................................................................... 10 SUBSTANTIAL ISSUE FACTORS: ............................................................................... 14 APPENDIX A – SUBSTANTIVE FILE DOCUMENTS .................................. 15 EXHIBITS Exhibit 1 – Vicinity Map and Project Site Exhibit 2 – Site of June 2020 Land Slide and Photos Exhibit 3 – Project Plans Approved by Emergency CDP CD2021-001 and Emergency CDP CD2021-066 Exhibit 4 – Tarp locations during the 2020-2021 rainy season Exhibit 5 – City Resolution for local CDP CD2021-001 Exhibit 6 – Appeal of Local CDP CD2021-001 (Follow-Up CDP to Emergency CDPs) 61 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 5 I. MOTION AND RESOLUTION – SUBSTANTIAL ISSUE Motion: I move that the Commission determine that Appeal No. A-5-NPB-22-0022 raises NO Substantial Issue with respect to the grounds on which the appeal has been filed under § 30603 of the Coastal Act. Staff recommends a NO vote. Following the staff recommendation on this motion will result in the Commission proceeding to conduct a de novo review of the application, and adoption of the following resolution and findings. Conversely, passage of this motion will result in a finding of No Substantial Issue and the local action will become final and effective. The motion passes only by an affirmative vote of the majority of the Commissioners present. Resolution: The Commission hereby finds that Appeal No. A-5-NPB-22-0022 presents a SUBSTANTIAL ISSUE with respect to the grounds on which the appeal has been filed under Section 30603 of the Coastal Act regarding consistency with the certified Local Coastal Program. II. APPELLANTS’ CONTENTIONS The Commission received a Notice of Final Local Action (NOFA) for City of Newport Beach Local CDP No. CD2021-001 on May 6, 2022. The project approved by Local CDP No. CD2021-001 was for the installation of rock fall mitigation consisting of anchored mesh, K-rail barriers, and temporary tarps in select locations to prevent rock fall and landslide debris from impacting Back Bay Drive below the Park Newport community. The project also includes the installation of soldier piles supporting two existing residential structures (Building 4 & Unit 4830) within Park Newport to mitigate against landslide risk. On May 11, 2022, an appeal was filed by Juliette and Todd Worthe (Exhibit 2). The appellants raise the following concerns with the City-approved development: 1) The project results in adverse visual impacts during the time of year that the tarps are installed. III. LOCAL GOVERNMENT ACTION A landslide occurred along a section of bluff at the subject property site on June 26, 2020 resulting in the temporary closure of Back Bay Drive (Exhibit #2). On January 22, 2021, the City of Newport Beach Community Development Director approved Emergency Coastal Development Permit (CDP) No. CD2021-001 authorizing the installation of anchored rockfall mesh at the head of the scarp of the June 2020 landslide on an Upper Newport Bay coastal bluff and installation of a section of K-rail barrier along the toe of the slope of the landslide (Exhibit #3). On October 26, 2021, the City of Newport Beach Community Development Director approved Emergency CDP No. CD2021-066 authorizing the installation of tarps at three locations along the coastal bluff secured with sandbags for the 2020-2021 rainy season (Exhibit #3). On April 21, 2022 at a publicly noticed hearing, the City of Newport Beach Planning Commission approved CDP No. 62 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 6 CD2021-001 as the follow-up CDP requesting to make permanent development approved under both Emergency CDPs and proposing new development consisting of the installation of soldier piles supporting two existing residential structures (Building 4 and Unit 4830) within the Park Newport development. The City determined the project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15269(c) (the activity was deemed necessary to prevent or mitigate an emergency) and Section 15301, Class 1 (Existing Facilities). On May 6, 2022, the Coastal Commission’s South Coast District Office received a Notice of Final Action (NOFA) for Local CDP No. CD2020-001. The Commission issued a Notification of Appeal Period from May 10 through May 20, 2022. On May 11, 2022, Juliette and Todd Worthe filed an appeal contending adverse visual impacts caused by the continued approval of large sections of coastal bluff to be covered by plastic tarps during the months of October to the end of April (Exhibit #6). No other appeals were received. The City and applicant were notified of the appeal on May 27, 2022. IV. APPEAL PROCEDURES After certification of LCPs, the Coastal Act provides for limited appeals to the Coastal Commission of certain local government actions on CDPs. Development approved by cities or counties may be appealed if it is located within certain geographic appealable areas, such as those located between the sea and the first public road paralleling the sea or within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of a coastal bluff. Furthermore, developments approved by counties may be appealed if they are not a designated "principal permitted use" under the certified LCP. Finally, any local government action on a proposed development that would constitute a major public work or a major energy facility may be appealed, whether approved or denied by the city or county [Coastal Act Section 30603(a)]. Section 30603 of the Coastal Act states in relevant part: (a) After certification of its Local Coastal Program, an action taken by a local government on a Coastal Development Permit application may be appealed to the Commission for only the following types of developments: (1) Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. (2) Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. Section 30603(a)(1) of the Coastal Act establishes the project site as being in an appealable area because it is located within 300 feet of the inland extent of any beach or 63 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 7 of the mean high tide line of the sea where there is no beach. Grounds for Appeal The grounds for appeal of an approved local CDP in the appealable area are stated in Section 30603(b)(1): The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified Local Coastal Program or the public access policies set forth in this division. Section 30625(b)(2) of the Coastal Act requires the Commission to conduct a de novo review of the appealed project unless the Commission determines that no substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603(a). If Commission staff recommends a finding of substantial issue, as it has done here, and there is no motion from the Commission to find no substantial issue, the substantial issue question will be considered presumed, and the Commission will proceed to the de novo portion of the public hearing on the merits of the project. A de novo review of the merits of the project uses the certified LCP as the standard of review. (Section 30604(b).) Sections 13110-13120 of Title 14 of the California Code of Regulations further explain the appeal hearing process. Qualifications to Testify before the Commission If the Commission, by a vote of 3 or more Commissioners, decides to hear arguments and vote on the substantial issue question, proponents and opponents will have an opportunity to address whether the appeal raises a substantial issue. The time limit for public testimony will be set by the chair at the time of the hearing. As noted in Section 13117 of Title 14 of the California Code of Regulations, the only persons qualified to testify before the Commission at the substantial issue portion of the appeal process are the applicant, persons who opposed the application before the local government (or their representatives), and the local government. In this case, the City’s record reflects that Juliette and Todd Worthe submitted written comments during the local hearing objecting to aspects of the project. Testimony from other persons who did not submit testimony before the local government may be submitted in writing. Upon the close of the public hearing, the Commission will vote on the substantial issue matter. It takes a majority of Commissioners present to find that no substantial issue is raised by the local approval of the subject project. If the Commission finds that the appeal raises a substantial issue, the de novo phase of the hearing will take place at a future Commission hearing, during which time the Commission will take public testimony. V. FINDINGS AND DECLARATIONS – SUBSTANTIAL ISSUE A. PROJECT LOCATION AND DESCRIPTION The project site is along the coastal bluffs of Upper Newport Bay at 5000 Park Newport Drive in Newport Beach. It is in an area where development approved by the City of Newport Beach pursuant to its certified LCP is appealable to the Coastal 64 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 8 Commission. The site is developed with the Park Newport Apartment Complex comprised of approximately 1,300 apartments, numerous pools, numerous sports courts, clubhouse, parking garage, and shopping plaza buildings on the bluff top. The Park Newport Apartment complex was constructed in 1969, prior to the passage of the Coastal Act. The site is bounded by Jamboree Road to the east, San Joaquin Hills Road to the south and Upper Newport Bay and Back Bay Drive to the south, downslope of the coastal bluff, and Big Canyon Park to the north (Exhibit #1). The site contains an approximately 1,300 foot linear section (a quarter mile) of 90-foot tall bluffs. The site is highly visible to the public along Back Bay Drive. Back Bay Drive is a popular public recreation amenity through its use as a vehicular, cycling, walking, and jogging route in Upper Newport Bay. There is public parking with connection to a hiking trail located north of the project site on Back Bay Drive. The site is adjacent to the Upper Newport Bay Ecological Reserve. Upper Newport Bay is one of the largest coastal wetlands remaining in southern California and is an ecological resource of national significance. Sensitive natural habitats within Upper Newport Bay include estuarine marine open water, freshwater marshes/wetlands, coastal salt marsh, intertidal mudflats, and coastal sage scrub along the coastal bluffs. The coastal bluffs at the subject site are subject to on-going erosion, surficial instability, rockfalls, and landslides. The bluff slope descends at slope ratios of 0.5:1 to 1.5:1 (horizontal to vertical) to locally vertical with a maximum height of approximately 90 feet. Numerous older landslides have been identified along these bluff slopes.1 The most recent bluff failure/landslide occurred on June 26, 2020 which resulted in an approximately 10-foot high scarp exposing approximately 100 sq. ft. of highly fractured siltstone (Exhibit #2). The landslide material fell onto Back Bay Drive located at the toe of the coastal bluff, causing the temporary road closure from late June 2020 through April 2021. The property owners retained Hetherington Engineering, Inc. to assess the risk of further slope failure and assist with the remediation of the landslide area. On January 6, 2021 the geotechnical consultant concluded that there continued to be imminent risk of rockfalls from the subject site onto Back Bay Drive at the toe of the slope due to the steeply inclined scarp along the upper portion of the landslide area. On January 22, 2021 the City’s Community Development Director approved Emergency CDP CD2021-001 for the installation of steel mesh with wire rope and epoxy anchoring at the landslide site and the placement of concrete k-rail at the toe of the slope to keep landslide debris off the roadway. Then on October 26, 2021, the City’s Community Development Director approved a second Emergency CDP CD2021-066 for the installation of temporary tarps along three selected portions of the bluff for the entire 2021-2022 rainy season due to “imminent risk of future rockfalls at the subject site due to the bluff height, 1 Geotechnical Recommendations for Proposed Landslide Mitigation, Park Newport Apartments, One Park Newport Drive, Newport Beach, CA, Hetherington Engineering, Inc. August 2, 2021. 65 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 9 steep slope ratios, poor quality bedrock and history of landslide activity.”2 The three areas approved to be tarped under Emergency CDP CD2021-066 shown in Exhibit #4 are not areas associated with the June 26, 2020 landslide. Instead, emergency tarping of these three areas for the 2021-2022 rainy season was in response to risks due to the natural geological structure of the coastal bluffs at this location composed of sedimentary bedding within siltstone bedrock subject to ongoing natural erosion, surficial instability, rockfalls, and landslides. The applicants’ geotechnical engineer reported six landslides dating back to 1978 and five rock falls dating back to 1998 that generally coincide with years that had long duration and/or high intensity rainfall events. Consistent with the conditions of approval of both Emergency CDP CD2021-001 and Emergency CDP CD2021-066, the property owners submitted a follow-up CDP application on April 22, 2021 requesting: • permanent authorization of the work completed under the Emergency CDP CD2021-001 and Emergency CDP CD2021-066 including installation of anchored rockfall mesh at the head of the scarp of the landslide area (40 to 60 feet wide by 58 feet high, with a coverage of 2,900 sq. ft.) held in place by eight boundary anchors, 5 spot anchors, and 41 pattern anchors; and the installation of a k-rail barrier along the toe of the slope; • new development consisting of installation of soldier pile walls to protect Building 4 and Unit 4830. Approximately 20 soldier piles installed at a 60-foot depth are proposed along a 150-feet long section of the bluff south past Unit 4830 and along an approximately 28 soldier piles along a 200-feet section on the southeast side of Building 4 where landslide materials extend under the existing structure; and • the continued on-going installation of tarps along to-be-determined sections of the coastal bluffs every year during the rainy season identified as a seven-month period from October through April to address continued bluff instability at the subject site. Project plans for the work undertaken pursuant to the Emergency CDPs are included in Exhibit #3. Page 7 of Exhibit 3 depicts the locations for the proposed new development consisting of installation of soldier pile walls to protect Building 4 and Unit 4830; however, no plans for these new structures were included in the City’s Local CDP approval. The City did not issue a new CDP number to the follow-up CDP for these two emergency CDP; instead, CDP No. CD2020-001 approved the development completed under both emergency permits and proposed new development. The project description in the NOFA for CD2020-001 received by the Coastal Commission’s South Coast District Office on May 6, 2022 (subject to this appeal) described the City approved project as: “A coastal development permit to allow for the installation of rock fall mitigation consisting of anchored mesh, K-rail barriers, and temporary tarps in select 2 Emergency Coastal Development Permit CD2021-066 – Community Development Director Action Letter 66 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 10 locations to prevent rock fall and landslide debris from impacting Back Bay Drive below the Park Newport community. The project also includes the installation of soldier piles supporting two existing residential structures (Building 4 & Unit 4830) within Park Newport to mitigate against landslide risk.” Thus, this CDP approval not only provides permanent authorization for the development approved by Emergency CDPs in response to the June 26, 2020 land slide/rock fall but approves new development in an attempt to address on-going bluff instability at the project site. B. LOCAL COASTAL PROGRAM CERTIFICATION The City of Newport Beach Local Coastal Program (LCP) was certified on January 30, 2017. The City’s LCP is comprised of a Land Use Plan (LUP) and an Implementation Plan (IP). Newport Beach has a certified Local Coastal Program (LCP), with one area of deferred certification in the City (Banning Ranch). The project site is located within the City of Newport Beach’s certified jurisdiction and is subject to the policies of the certified LCP. C. FACTORS TO BE CONSIDERED IN SUBSTANTIAL ISSUE ANALYSIS Section 13115(c) of the Commission regulations provides that the Commission may consider the following five factors when determining if a local action raises a substantial issue: 1. The degree of factual and legal support for the local government’s decision that the development is consistent or inconsistent with the relevant provisions of the certified LCP; 2. The extent and scope of the development as approved or denied by the local government; 3. The significance of the coastal resources affected by the decision; 4. The precedential value of the local government’s decision for future interpretations of its LCP; and, 5. Whether the appeal raises local issues, or those of regional or statewide significance. The Commission may, but need not, assign a particular weight to a factor. Staff is recommending that the Commission find that a substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603(a) of the Coastal Act. D. SUBSTANTIAL ISSUE ANALYSIS As stated in Section IV of this report, the grounds for an appeal of a CDP issued by the local government are the project’s conformity with the policies of the LCP. The appellants make a general contention that the project results in an adverse visual impact with no actual reference to specific LCP policies. Staff is recommending that the Commission find 67 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 11 that a substantial issue exists with respect to the single contention of adverse visual impacts on which this appeal has been filed. The appellants contend that the portion of the project consisting of “large and imposing” tarps on the coastal bluffs result in adverse visual impacts “ruining one of the most beautiful cliff sides in Newport Beach” (Exhibit #6). The following LUP policies in the LCP pertain to the protection of scenic/visual resources and natural landforms: LUP 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. LUP Policy 4.4.1-2: Design and site new development, including landscaping, so as to minimize impacts to public coastal views. LUP Policy 4.4.1-3: Design and site new development to minimize alterations to significant natural landforms, including bluffs, cliffs and canyons. The following IP regulations in the LCP pertain to the protection of scenic/visual resources and natural landforms: Section 21.30.030 – Natural Landform and Shoreline Protection Section 21.30.030(A) Purpose. This section provides regulations for the protection of natural landforms and shoreline features. The intent is to ensure that development is sited and designed to minimize hazards to life and property; to ensure the structural integrity of bluff and canyons; to neither create nor contribute to erosion or adverse impacts on shoreline sand supply and the shoreline; to maintain a system of harbor bulkheads that are essential to the continued operation of Newport Harbor and to protect public access, public views, and scenic qualities of the Coastal Zone; and to implement policies of the Coastal Land Use Plan. IP Section 21.30.030(C)(3)(d) Protective Structures. Protective devices shall be designed and sited to: (1) Be as far landward as possible and within private property, where feasible; (2) Eliminate or mitigate adverse impacts to coastal resources; (3) Minimize alteration of natural processes; (4) Provide for public access to State tidelands and recreational areas and facilities; (5) Minimize visual impacts and maximize the enjoyment of the natural shoreline environment; Section 21.30.100 – Scenic and Visual Quality Protection Section 21.30.100(A) – Purpose. The purpose of this section is to insure that development shall be sited and designed to protect and, where feasible, enhance the 68 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 12 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. Section 21.30.100(C) Visual Impact Analysis. Where the initial evaluation indicates that a proposed development has the potential to significantly impact a public view or viewshed or the scenic and visual qualities of the Coastal Zone, a view impact analysis shall be prepared at the project proponent’s expense. The analysis shall include recommendations to avoid or minimize impacts to public views from the identified public view points and corridors identified in Policy 4.4.1-6 and Map 4-3 of the Coastal Land Use Plan. Section 21.30100(E)(8) – Landform Alteration. Development shall be sited and designed to minimize the alteration of gullies, ravines, rock outcroppings, and other natural landforms and the removal of native vegetation. Site design and construction techniques include, but not limited to the following: (8) Requiring any altered slopes to blend into the natural contours of the site. Section 21.30B.060 – Mitigation and Monitoring Section 21.30B.060(A) When Required. Mitigation and monitoring programs, including restoration plans and management programs, shall be submitted with the coastal development permit application. 1. ESHA. Mitigation shall be required for allowable impacts to ESHA and other sensitive resources that cannot be avoided through the implementation of siting and design alternatives. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA. Section 21.30B.060© Habitat Creation/Restoration. 1. ESHA. Mitigation for impacts to ESHA and other sensitive resources shall be in the form of habitat creation or substantial restoration. The mitigation shall occur on-site wherever possible. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site. Visual Resources The City of Newport Beach Planning Commission approved CDP No. 2021-001, based on the findings and subject to the Conditions of Approval in Zoning Administrator Resolution No. PC2022-007. The City made the finding that the project conforms to all applicable sections of the certified LCP. The City’s findings specific to visual impacts state: The Project site is located adjacent to and immediately east of Back Bay Drive, which is a designated public view road in the Coastal LUP and offers public views of Upper Newport Bay. Site evaluation revealed that the proposed landslide/rockfall mitigation improvements will not affect the existing view afforded from Back Bay Drive as the Project improvements are located landward of Upper 69 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 13 Newport Bay. In addition, tarping of the slope has been limited through conditions of approval to only allow minimum times of the year when heavy rains are likely to occur and pose the greatest risk of landslide/slope failure. Therefore, the Project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. The City’s Planning Commission staff report stated that the proposed seasonal temporary tarps are anchored by sandbags and that Condition of Approval #17 requires the sandbags be of natural colors to avoid becoming an eye sore as had happened in the past when a bright color was used, concluding that the emergency work and future proposed work would not impact public views and is consistent with IP Section 21.30 – Development Standards. Condition of Approval #18 limits the “temporary” tarping to seven (7) months of the year, specifically from October to the end of April to coincide with Southern California’s rainy season. However, the City also identifies these coastal bluffs to be Environmentally Sensitive Habitat Areas (ESHA) and the City’s Conditions of Approval do not specify or limit what areas of the bluffs may be tarped, thus, no protections are given to ESHA or other sensitive resources that enhance the visual quality of the bluffs. Furthermore, the local CDP does not specify the time frame that use of the tarps would be permitted, as approved, any area of the 1,300 foot linear length of coastal bluffs associated with the project site may be tarped seven (7) months out of the year forever into the future. And the local CDP does not contain a term of authorization (e.g., 10 years), which would provide an opportunity for the development’s impacts to be evaluated and additional mitigation applied if necessary. As stated above, LUP Policy 4.4.1-1 requires new development to protect coastal views along the ocean, the bay, the harbor, costal bluffs, and other coastal resources. The proposed tarps and sandbags have the potential to adversely impact the visual qualities of the coastal bluffs. The City approval does not adequately analyze the visual impacts of the use of the tarps. The City staff report and Resolution do not provide findings indicating that use of the tarps is the least visually intrusive alternative. The Conditions of Approval or approved plans do not identify the tarp material or color, only that of the sandbags. The City approval of the use of tarps on the bluff face along this property lacks specificity, the approval is broad and ambiguous, with no limits to the size of the areas that may be tarped; thus there is no quantification of the total possible visual impact. Additionally, the coastal bluffs in the area are known to contain ESHA. The LCP requires mitigation for allowable impacts to ESHA and other sensitive resources that cannot be avoided through the implementation of siting and design alternatives. Mitigation for impacts to ESHA and other sensitive resources shall be in the form of habitat creation or substantial restoration and shall occur on-site wherever possible. The City approval lacks analysis on the possible impact that the on-going yearly tarping of unidentified bluff face areas would have on existing sensitive vegetation and possible ESHA on the bluff face; any loss of existing vegetation caused by yearly bluff disturbance could adversely impact the visual qualities of the coastal bluffs. Even if this aspect of the project is considered an allowable impact to ESHA and other sensitive resources, mitigation for those impacts is required. There is no such analysis and no such requirement. The project includes the re-vegetation of a 2,900 sq. ft. portion of the bluff proposed to be covered with anchored rockfall mesh at the head of the scarp 70 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 14 of the June 2020 landslide, but no discussion or analysis of re-vegetation alternatives to other bluff face areas subject to erosion where the tarping would most likely be proposed in the future. The proposed on-going yearly tarping of unspecified bluff areas is characterized as “temporary” and a finding made that their use would be limited through conditions of approval to only allow minimum times of the year when heavy rains are likely to occur and pose the greatest risk of landslide/slope failure; however, the tarps would be allowed to remain in place seven (7) months out of the year. There is insufficient data or analysis provided to support the finding that tarping is necessary during the entirety of the “Southern California rainy season.” Data is not provided to support the assertion that heavy rains would occur during the entire rainy season, nor that the rainy season lasts a full seven months, and that the risk of landslide and rockfall at the subject site is the same year after year. The approval does not appear to include any type of monitoring of the condition of the tarps or maintenance requirements during the yearly 7-month usage period. California’s coastal bluffs are significant coastal resources, and great care should be taken with the approval of bluff protective devices to ensure protection of the visual qualities of these natural landforms. The City-approved project does not appear to be consistent with the above cited policies and regulations of the certified LCP in that the project does not include appropriate measures to adequately protect the visual qualities of the coastal bluff. If such measures are included, they are not well reflected in the findings and conditions to approve the project. SUBSTANTIAL ISSUE FACTORS: The Commission typically applies five factors in making a determination whether an appeal raises a substantial issue pursuant to Section 30625(b)(2). 1. The degree of factual and legal support for the local government’s decision that the development is consistent or inconsistent with the certified LCP. The City did not substantially support its approval of the project as being consistent with all of the applicable policies of the certified LCP (specifically the visual resource policies, landform alteration policies, and the ESHA protection policies). Therefore, there is a low degree of factual support for the local government’s decision that the project, as conditioned, is consistent with the LCP. This factor supports a substantial issue finding. 2. The extent and scope of the development as approved or denied by the local government. The City did not specify the material or color of the tarps or limit the size of the area, or restrict the areas where the tarps would be allowed on the coastal bluffs. ESHA is known to exist along these coastal bluffs. As approved, the extent and scope of the development approved by the Local CDP is broad and ambiguous and does not properly analyze possible impacts to ESHA or other sensitive vegetation resources to ensure protections to adjacent ESHA or enhancement of the scenic and visual qualities that vegetation on the bluff provides. The development could result in the tarping of ESHA or highly sensitive biological resources existing on the bluffs for a 7-month period of the year, every year, resulting in the degradation of the ESHA and adverse visual impacts that would result by the degradation of the habitat. Therefore, the extent of development approved may not be appropriate, and this factor supports a finding of substantial issue. 71 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 15 3. The significance of the coastal resources affected by the decision. The proposed development is on coastal bluffs visible from Newport Bay and a popular recreation area on Back Bay Drive below. California’s coastal bluffs are significant resources and represent rare and visually pleasing landforms which California citizens and governments have historically sought to preserve. Coastal bluffs are dynamic geologic formations. Development on coastal bluffs can have significant impacts on scenic resources. The LCP and the Coastal Act provide coastal bluffs/cliffs with special protections. This factor supports a finding of substantial issue. 4. The precedential value of the local government’s decision for future interpretations of its LCP. The project site is located along a highly scenic road and itself a popular recreational amenity through its use as a vehicular, cycling, walking and jogging route. The decision of the local government for this project might influence future permit decisions made in the City’s Coastal Zone, particularly within other coastal bluff areas located within the City’s coastal zone. Allowing the local government’s decision to approve a CDP for improvements that significantly alter the bluff face without properly addressing/minimizing visual impact concerns would set a negative precedent for future interpretations of its LCP. If the subject local CDP is found to be consistent with the LCP based on the current record, there is a potential that future applicants, especially within the vicinity, will reference this permit if they wish to apply for similar use of tarps on the bluff face to address ongoing geological instability. This factor supports a finding of substantial issue. 5. Whether the appeal raises local issues, or those of regional or statewide significance. Development adjacent to coastal bluffs are issues of statewide significance, given that coastal bluffs are an important coastal resource throughout the state, not just in Newport Beach. Requiring consistency with the certified LCP policies relating to the protection of visual resources is significant to all the people of California who wish to enjoy the Coastal Zone. Unsubstantiated application of these policies could have regional or statewide ramifications regarding other similar LCPs and their policies regarding coastal bluffs. This factor supports a finding of substantial issue. Conclusion The Commission finds that a substantial issue exists with respect to whether the local government action conforms with the policies of the City’s certified LCP. APPENDIX A – SUBSTANTIVE FILE DOCUMENTS 1. Emergency CDP CD2021-001 and Emergency CDP CD2021-066 2. Proposed Emergency Rockfall Mitigation, Park Newport Apartments, One Park Newport Drive, Newport Beach, CA, Hetherington Engineering Inc., January 6, 2021 3. Geotechnical Summary of Proposed Landslide Mitigation, Park Newport Apartments, One Park Newport Drive, Newport Beach, CA, Hetherington Engineering Inc., March 29, 2021 72 A-5-NPB-22-0022 (Park Newport Land LTD) Appeal – Substantial Issue 16 4. Geotechnical Recommendations for Proposed Landslide Mitigation, Park Newport Apartments, One Park Newport Drive, Newport Beach, CA, Hetherington Engineering Inc., August 2, 2021 5. Temporary Tarp Placement, Coastal Bluff - Park Newport Apartments, One Park Newport Drive, Newport Beach, CA, Hetherington Engineering Inc., October 22, 2021 6. Park Newport Alternative Analysis – Soldier Pile Walls Letter Addressed to Shawna Schaffner, CAA Planning Inc., Hetherington Engineering Inc., April 21, 2022 7. Pre-Construction Avian Surveys for Park Newport Rockfall Mitigation Project (PA2021- 008), Emergency Coastal Development Permit No. CD2021-001, Glenn Lukos Associates, February 17, 2021 8. Additional Pre-Construction Avian Surveys for Park Newport Rockfall Mitigation Project (PA2021-008), Emergency Coastal Development Permit No. CD2021-001, Glenn Lukos Associates, April 19, 2021 9. City of Newport Beach Local Coastal Program, certified January 30, 2017. 73 Attachment No. PC 5 Visual Impact Assessment (Photographs) 74 INTENTIONALLY BLANK PAGE75 76 77 78 79 80 INTENTIONALLY BLANK PAGE81 Attachment No. PC 6 Latest Geotechnical Report (Rock Solid Geotechnical, 2023) 82 INTENTIONALLY BLANK PAGE83 GEOTECHNICAL SUMMARY OF PROPOSED LANDSLIDE MITIGATION Park Newport Apartments One Park Newport Drive Newport Beach, California 84 INTENTIONALLY BLANK PAGE85 Gerson Bakar and Associates c/o Park Newport Apartments One Park Newport Drive Newport Beach, California 92660 January 25, 2023 Project No. 121.1 Attention: Mr. Ken Dressel Subject: GEOTECHNICAL SUMMARY OF PROPOSED LANDSLIDE MITIGATION Park Newport Apartments One Park Newport Drive Newport Beach, California References: Attached Dear Mr. Dressel: In accordance with your request, Rock Solid Geotechnical, Inc. has prepared this geotechnical summary related to geologic conditions, past landslides, and proposed future mitigation efforts on the west facing coastal bluff at the subject site. In order to keep this summary relatively brief, attached is a list of references related to the Park Newport Apartments site that includes most (if not all) of the known geotechnical/geologic documents. These documents have addressed various aspects of the coastal bluff slope geology, landslides, stability, and mitigation efforts. SITE HISTORY/SLOPE CONDITIONS The subject natural slope is a coastal bluff that descends from the west side of Park Newport Apartments to Backbay Drive along the eastern edge of Upper Newport Bay in Newport Beach, California (see Location Map, Figure 1). The slope descends at slope ratios of 0.5:1 to 1.5:1 (horizontal to vertical) to locally vertical with a maximum height of approximately 90-feet. This coastal bluff was left in a natural condition at the time of grading/construction of Park Newport Apartments in 1969. The slope exposes 10 to 15-feet of silty sand Quaternary Paralic Deposits (terrace deposits) over diatomaceous shale and siltstone Miocene Monterey Formation bedrock. Geologic structure of sedimentary bedding within the siltstone bedrock reportedly consists of a series of east to west trending, west plunging anticlines and synclines creating locally unfavorable orientations relative to the west facing slope. Numerous older landslides that exist on this slope were identified by LeRoy Crandall and Associates. The slope is subject to on-going erosion, surficial instability, rockfalls, and landslides. 86 GEOTECHNICAL SUMMARY OF PROPOSED LANDSLIDE MITIGATION Park Newport Apartments One Park Newport Drive, Newport Beach, California Project No. 121.1 January 25, 2023 The attached Geologic Map, Plate 1, depicts the geologic conditions on and near the slope. The Park Newport buildings were graded in 1969 and documented fill exists on the level building pads, but has not been shown on the Geologic Map for simplicity. The following summary of documented slope instability on the coastal bluff is not intended to be all inclusive, but is intended to demonstrate the performance of the slope. Small to large landslides have taken place in 1978, 1993, 1994, 2000, 2005, and 2020. Rock falls have occurred in 1998, 2005, 2006, 2009, and 2016. Small to large surficial slope failures take place in years with long duration and/or high intensity rainfall events. Erosion takes place during most rainfall events. The asphalt concrete paved Backbay Drive right-of-way exists along the toe of the coastal bluff and has been impacted by debris accumulation/blockage on the roadway due to coastal bluff instability. Due to the height, steep slope ratio, existing landslides, locally adverse geologic structure, and poor quality bedrock exposed on the coastal bluff, factors-of-safety for gross and surficial slope stability are less than 1.5. The coastal bluff slope is considered grossly and surficially unstable from an engineering geologic and geotechnical engineering perspective. In the past, mitigation of impacts to Park Newport improvements has been performed. The following is a summary of the measures implemented: 1979 - Timber Pile/Wood Lagging Retaining Wall, west side of Units 4570 through 4640. Eighteen piles 10-feet bedrock embedment. 1998 - Soldier Pile Wall, west side of clubhouse. Twenty-three, 36-inch diameter, 7-feet on-center, 60-feet deep reinforced concrete caissons. 1998 - Soldier Pile Wall, southwest side of Unit 4570. Six, 48-inch diameter, 8- feet on-center, 60-feet deep, reinforced concrete caissons. The approximate location of these structures are noted on the attached Geologic Map, Plate 1. The June 2020 landslide event resulted in a vertical main scarp (10±feet high) exposing highly fractured blocky siltstone. Park Newport Apartments installed a Geobrugg Tecco anchored mesh system to mitigate the rockfall potential (References 107 - 114). Park Newport Apartments monitors conditions on and near the top of the slope on an annual basis. Storm drainage systems have been enhanced and storm water flow is directed away from the slope in a controlled manner. In addition, portions of the active landslides are covered using plastic membranes and sand bags to reduce erosion during the rainy season. 87 GEOTECHNICAL SUMMARY OF PROPOSED LANDSLIDE MITIGATION Park Newport Apartments One Park Newport Drive, Newport Beach, California Project No. 121.1 January 25, 2023 PROPOSED IMPROVEMENTS As a result of ongoing slope instability, the following areas are being evaluated for proposed mitigation measures consisting of micropiles and tiebacks.  Extending the clubhouse soldier piles to the south, approximately 150-feet, with a micropile and tieback system.  Installing micropiles and tiebacks southeast of Building 4, for a total length of approximately 200-feet, where the landslide materials were mapped by Law- Crandall and Associates extending under the structure. Micropiles are expected to consist of 18-inch diameter drilled holes 4-feet on center, to depths of 85-feet south of the clubhouse and 50-feet near Building 4. The tieback anchors near the clubhouse will be on the order of 20-feet long and the anchors near Building 4 will be approximately 40-feet long. These improvements are needed to protect and extend the useful life of the existing residential structures. The approximate locations of these areas are indicated on the attached Geologic Map, Plate 1. This office is currently preparing a geotechnical report for design of the micropiles and tiebacks. 88 GEOTECHNICAL SUMMARY OF PROPOSED LANDSLIDE MITIGATION Park Newport Apartments One Park Newport Drive, Newport Beach, California Project No. 121.1 January 25, 2023 This opportunity to be of service is appreciated. If you have any questions, please contact our office at your convenience. Sincerely, ROCK SOLID GEOTECHNICAL ____________________________ ____________________________ Jamie K. Fink Sean P. Prenovost President/Owner Professional Engineer 94193 Professional Geologist 7729 (expires 12/31/24) Certified Engineering Geologist 2636 (expires 10/31/23) ____________________________ Daniel Eisele Engineer-In-Training Attachments Location Map – Figure 1 Geologic Map – Plate 1 Distribution: 1-via e-mail Ken Dressel (Kdressel@gb-a.com) 1-via e-mail Shawna Schaffner (sschaffner@caaplanning.com) 89 REFERENCES Project No. 121.1 1. “Report of Supplemental Geologic Investigation, Proposed Apartment Development, Newport Beach, CA”, by Glenn Brown and Associates, dated November 21, 1968. 2. “Reports of Soil and Foundation Investigation Phase 1 Proposed Headlands Apartments Promontory Point Area”, by LeRoy Crandall and Associates for Gerson Bakar & Associates, dated December 26, 1968. 3. “Preliminary Foundation Recommendations, Proposed Headlands Apartments, Newport Beach, California”, by LeRoy Crandall and Associates, dated January 16, 1969. 4. “Report of Soil and Foundation Investigation Phase II Proposed Park Newport Apartments Promontory Point Area”, by LeRoy Crandall and Associates for Gerson Bakar and Associates, dated April 4, 1969. 5. “Supplementary Information, Park Newport Apartments, Newport Beach, CA”, by LeRoy Crandall and Associates, dated August 21, 1969. 6. “Requirements for Drilled Pile Foundations, Townhouses Adjacent to Buildings 4, 5 and 6, Proposed Park Newport Apartments, Jamboree Road and San Joaquin Hills Road, Newport Beach, CA”, by LeRoy Crandall and Associates, dated July 8, 1970. 7. “Estimated Tip Elevations - Drilled Piles, Building No. 4, Park Newport, Jamboree Road near San Joaquin Hills Road, Newport Beach, California”, by LeRoy Crandall Associates, dated January 21, 1971. 8. “Report of Soil Investigation Proposed Extension of San Joaquin Hills Road - San Joaquin Hills Road to Backbay Drive Newport Beach, California”, by LeRoy Crandall and Associates, for Park Newport, Ltd., dated July 16, 1971. 9. “Preliminary Observations, Bluff Erosion and Sloughing, Park Newport Apartments, Newport Beach, California”, by LeRoy Crandall and Associates, dated March 10, 1978. 10. “Suggestions for Slope Repairs Existing Slope West of Buildings 32, 35, 36 and 37, Park Newport Apartments, Newport Beach, CA”, by LeRoy Crandall and Associates, dated July 19, 1978. 11. “Soil and Foundation Inspection, Building 41 (Apartment 3170) Park Newport Apartments, Jamboree and San Joaquin Hills Road, Newport Beach, CA”, by LeRoy Crandall and Associates, dated August 10, 1978. 12. “Conference Summary, Erosion Control Retaining Wall Adjacent to Building 35 Park Newport Apartments”, by LeRoy Crandall and Associates, for Gerson Bakar & Associates, dated November 2, 1978. 90 REFERENCES Project No. 121.1 13. “Report of Slope Stability Study West Facing Slope Adjacent to Building 4 Park Newport Apartments”, by LeRoy Crandall and Associates for Gerson-Bakar & Associates, dated June 28, 1979. 14. “Review of Foundation Underpinning, Design NWC Building 41 (Apartment 3170), Park Newport Apartments, Newport Beach, CA”, by LeRoy Crandall and Associates, dated October 18, 1979. 15. “Verification of Drilled Pile Inspection, and Inspection and Testing of Compacted Fill, Proposed Underpinning of Building No. 41, Park Newport Apartments, One Park Newport Drive”, by LeRoy Crandall and Associates for City of Newport Beach, dated July 31, 1980. 16. “Inspection of Site Conditions, Existing Park Newport Apartments, San Joaquin Hills Road, Newport Beach, CA”, by LeRoy Crandall and Associates, for Gerson Bakar & Associates, dated December 3, 1984. 17. “Summary of Observations Site Visit - March 22, 1988 Park Newport Apartments”, by LeRoy Crandall and Associates, for Gerson Bakar & Associates, dated May 26, 1988. 18. “Report of Geologic Evaluation of Slope Below Building 4 Newport Beach, California for Park Newport Apartments”, by LeRoy Crandall and Associates, for Park Newport Apartments, dated April 30, 1991. 19. “Consultation Regarding Existing Slope Failure on the Promontory Point Area Park Newport Apartments”, by Law Crandall, Inc. for Mr. Ken Adelson, dated June 22, 1993. 20. “Maintenance Program Slope Facing Backbay Drive Park Newport Apartments”, by Law Crandall, Inc. for Gerson, Bakar & Associates, dated August 29, 1994. 21. “Monitoring Program Slope Facing Backbay Drive Park Newport Apartments”, by Law Crandall, Inc. for Gerson Bakar & Associates, dated September 1, 1994. 22. “Geotechnical Consultation, Slope Distress Near Units 3160 and 3170, Park Newport Apartments, One Park Place, Newport Beach, CA”, by Law/Crandall, dated December 15, 1994. 23. “Addendum to Geotechnical Consultation Observation of Erosion Control Measures Park Newport Apartments”, by Law Crandall, Inc., for Park Newport Apartments, dated February 16, 1995. 24. “Park Newport Monitoring Survey”, by RBF, dated October 10, 1995, December 6, 1995, February 12, 1996. 91 REFERENCES Project No. 121.1 25. “Park Newport Monitoring Survey”, by Robert Bein, William Frost, & Associates, for Law Crandall, dated February 21, 1996. 26. “Park Newport Monitoring Survey”, by Robert Bein, William Frost & Associates, for Law Crandall, dated April 8, 1996. 27. “Bi-Monthly Monitoring Program Slope Facing Backbay Drive Park Newport Apartments”, by Law Crandall for Gerson Bakar & Associates, dated May 14, 1996. 28. “Report of Geotechnical Investigation Existing Landslide”, by Law/Crandall for Gerson, Bakar & Associates, dated May 31, 1996. 29. “1995-1996 Annual Slope Monitoring Program Slope Facing Backbay Drive”, by Law Crandall for Gerson, Bakar & Associates, dated June 24, 1996. 30. “Memo-3160 Landslide Area”, by Linda Gunther of Park Newport Apartments for Andy Dodge, Maintenance Supervisor, dated October 31, 1996. 31. “Supplemental Geotechnical Investigation for a Slope Wall”, by Bagahi Engineering for Gerson, Bakar & Associates, dated November 14, 1996. 32. “Email Summaries - Park Newport Slide Area”, from Gerson, Bakar and Associates, dated June 29, 1995 through October 21, 1996. 33. “Geotechnical Consultation Observation of Asphaltic Distress Near Building 4”, by Law Crandall for Gerson, Bakar & Associates, dated March 18, 1997. 34. “Park Newport Monitoring Survey, Newport Beach”, by Robert Bein, William Frost & Associates for Gerson, Bakar & Associates, dated April 2, 1997. 35. “1996-97 Annual Monitoring Program Slope Facing Backbay Drive”, by Law Crandall for Gerson, Bakar and Associates, dated May 13, 1997. 36. “Landslide Mitigation Action - Park Newport Apartments”, by Bagahi Engineering for California Civil Inc., dated July 25, 1997. 37. “Response to Coastal Commission - Park Newport Slope Repair”, by Bagahi Engineering for Gerson, Bakar & Associates, dated August 4, 1997. 38. “Park Newport Apartments’ Slope Rehab Project”, by Gerson, Bakar & Associates for Eric Buress of P F & G, dated September 9, 1997. 39. “Retaining Wall Calculations - Park Newport Apartments”, by Stample Engineering for Park Newport Apartments, dated October 9, 1997. 92 REFERENCES Project No. 121.1 40. “Special Inspection Report - Park Newport Retaining Wall”, by Gary Rutherford for City of Newport Beach, dated October 14, 1997. 41. “Site Reconnaissance Slope Facing Backbay Drive”, by Law Crandall for Gerson, Bakar & Associates, dated October 22, 1997. 42. “Progress Report - Park Newport Slope Wall”, by Bagahi Engineering for Gerson, Bakar & Associates, dated October 23, 1997. 43. “Progress Report - Park Newport Slope Wall”, by Bagahi Engineering for Gerson, Bakar & Associates, dated December 5, 1997. 44. “Fine Grade Compaction Report - Park Newport Apartments Slope Wall”, by Bagahi Engineering for Gerson, Bakar and Associates, dated December 8, 1997. 45. “Park Newport Apartment Drain Revegetation”, by LSA Associates, Inc. for Park Newport Apartments, dated February 25, 1998. 46. “Review of Slope Mitigation Options, Park Newport Apartments, One Park Newport, Newport Beach, CA”, by Law Crandall for Gerson Bakar & Associates, dated April 13, 1998. 47. “Final Slope Improvement Options Report”, by Law Crandall for Gerson, Bakar, and Associates, dated April 14, 1998. 48. “Report of Slope Stability Evaluation”, by Law Crandall for Gerson, Bakar & Associates, dated May 1, 1998. 49. “Shoring Plan, Park Newport Apartments, Slope Stabilization - Clubhouse Area and Rockfall Area, One Park Newport, Newport Beach, CA”, by Gerald Lehmer Associates, dated May 5, 1998 and August 11, 1998 (Sheets SH-1 through SH-4). 50. “Grading Plan Review-Temporary Erosion Repair, Portions of the West Facing Slope, Park Newport Apartments, Newport Beach, CA”, by Hetherington Engineering, Inc., dated August 25, 1998. 51. “Alternatives to Temporary Erosion Repair, Portions of the West Facing Slope, Park Newport Apartments, Newport Beach, CA”, by Hetherington Engineering, Inc., dated September 10, 1998. 52. “Additional Geotechnical Comments, Proposed Repairs to Portions of the West Facing Slope, Areas 2 and 3, Park Newport Apartments, Newport Beach, CA”, by Hetherington Engineering, Inc., dated September 21, 1998. 93 REFERENCES Project No. 121.1 53. “Review of Project Special Provisions, Park Newport Sites A and B, Park Newport Apartments, Newport Beach, Ca”, by Hetherington Engineering, dated September 24, 1998. 54. “1997 - 1998 Annual Monitoring Program, Slope Facing Backbay Drive”, by Law Crandall, dated October 14, 1998. 55. “Review of Site Conditions, Portions of the West Facing Slope Adjacent to the Clubhouse, Park Newport Apartments, Newport Beach, CA”, by Hetherington Engineering, Inc. dated December 15, 1998. 56. “Temporary Erosion Repair, Portions of the West Facing Slope, Park Newport Apartments, Newport Beach, CA”, by Hetherington Engineering, Inc., dated December 22, 1998. 57. “Response to Draft Submittal Letter for CDP Application to the Coastal Commission, Park Newport Apartments, Slope Stability Repairing Work (Sites 2 and 3), Newport Beach, CA”, by Hetherington Engineering, Inc., dated January 19, 1999. 58. “Geotechnical Review - Temporary Erosion Repairs, West Facing Slope, Areas 2 and 3, Park Newport Apartments, Newport Beach, California”, by Hetherington Engineering, Inc., dated February 18, 1999. 59. “1998 - 1999 Annual Monitoring, Backbay Drive Slope, Park Newport Apartments, One Park Place, Newport Beach, CA…”, by Hetherington Engineering, Inc., dated October 22, 1999. 60. “Monitoring Report for Slope and Parking Garage…”, prepared by RBF Consulting, dated December 27, 2000. 61. “1999 - 2000 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated January 5, 2001. 62. “Park Newport Apartments, Slope Monitoring Project…”, prepared by RBF Consulting, dated January 28, 2002. 63. “2000 - 2001 Annual Monitoring Program, Backbay Drive Slope and Adjacent Area, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated February 20, 2002. 64. “Park Newport Apartments, Slope Monitoring…”, prepared by RBF Consulting, dated December 26, 2002. 94 REFERENCES Project No. 121.1 65. “2001 - 2002 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated January 27, 2003. 66. “Park Newport Apartments, Slope and Parking Structure Monitoring Project”, prepared by RBF Consulting, dated February 18, 2004. 67. “2002 - 2003 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California…”, by Hetherington Engineering, Inc., dated March 12, 2004. 68. “Annual Monitoring/Slope Area Drainage System, Update on Condition of Surface Drainage Devices, Park Newport Apartments…”, by Hetherington Engineering, Inc., dated October 29, 2004. 69. “Inspection of Slope Area Damages, Park Newport Apartments, Newport Beach…”, by Hetherington Engineering, Inc., dated January 31, 2005. 70. “Inspection of February 2005 Storm Damages, Park Newport Apartments, Newport Beach…”, by Hetherington Engineering, Inc., dated February 24, 2005. 71. “Park Newport Monitoring Garage Structure and Slope Monitoring Project”, prepared by RBF Consulting, dated March 23, 2005. 72. “2003 - 2004 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California…”, by Hetherington Engineering, Inc., dated May 20, 2005. 73. “Notice of Code Violation for Slope Failure at 1 Park Newport Drive…”, by City of Newport Beach, dated June 24, 2005. 74. “Report of Findings, Geotechnical Evaluation of Three Areas Along the Coastal Bluff, Park Newport Apartments, Newport Beach, California”, by Hetherington Engineering, Inc., dated November 11, 2005. 75. “Response to City Letter, Park Newport Apartments, Newport Beach, California”, by Hetherington Engineering, Inc., dated December 19, 2005. 76. “Park Newport Apartments, Garage Structure and Slope Monitoring Project…”, by RBF Consulting, dated December 29, 2005, revised January 11, 2006. 77. “Slope Inclinometer Data, Park Newport Apartments…”, by Hetherington Engineering, Inc., dated January 23, 2006. 95 REFERENCES Project No. 121.1 78. “2006 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California 92660”, by Hetherington Engineering, Inc., dated February 27, 2006. 79. “Slope Rockfall Mitigation, Park Newport Apartments, West of Unit 4570, Newport Beach, California”, by Hetherington Engineering, Inc., dated May 12, 2006. 80. “…Settlement and Deformation Monitoring Surveying Services at the Park Newport Apartments…”, by RBF Consulting, dated February 23, 2007. 81. “2007 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California 92660”, by Hetherington Engineering, Inc., dated June 29, 2007. 82. “Inspection of Top of Coastal Bluff Drainage Conditions, Park Newport Apartments, Newport Beach, California”, by Hetherington Engineering, Inc., dated December 5, 2007. 83. “…Settlement and Deformation Monitoring Surveying Services at the Park Newport Apartments…”, by RBF Consulting, dated June 19, 2008. 84. “2008 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California, 92660”, by Hetherington Engineering, Inc., dated September 3, 2008. 85. “… Settlement and Deformation Monitoring Survey Services at the Park Newport Apartments…”, by RBF Consulting, dated June 5, 2009. 86. “2009 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated August 18, 2009. 87. “Surficial Slope Failure, Coastal Bluffs Below Building 4, Park Newport Apartments, Newport Beach, California”, by Hetherington Engineering, Inc., dated January 28, 2010. 88. “… Settlement and Deformation Monitoring Survey Services…”, by RBF Consulting, dated July 7, 2010. 89. “2010 Annual Monitoring Report, Backbay Drive Slopes and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated September 29, 2010. 90. “Geotechnical Investigation, Proposed Rockfall Netting Slope Protection System, Coastal Bluff Below Unit 4570, Building No. 35, Park Newport Apartments, One Park 96 REFERENCES Project No. 121.1 Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated January 5, 2011. 91. “…Settlement and Deformation Monitoring Survey Services…”, by RBF Consulting, dated June 14, 2011. 92. “2011 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated August 26, 2011. 93. “2012 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated October 12, 2012. 94. “2013 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated September 25, 2013. 95. “2014 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated October 15, 2014. 96. “2015 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated October 5, 2015. 97. “2016 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated December 14, 2016. 98. “Geotechnical Investigation, Damaged Retaining Wall, Park Newport Apartments, Building 1a, Newport Beach, California”, by Hetherington Engineering, Inc., dated April 19, 2017. 99. “Addendum to Geotechnical Investigation, Damaged Retaining Wall, Park Newport Apartments, Building 1a, Newport Beach, California”, by Hetherington Engineering, Inc., dated October 19, 2017. 100. “2017 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated December 29, 2017. 101. “2018 Annual Monitoring Report, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated November 5, 2018. 97 REFERENCES Project No. 121.1 102. “Emergency Storm Drain Repair, North of Building 41 (Units 3150 through 3220), Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated March 5, 2019. 103. “Park Newport Apartments, 1 Park Newport Drive, 24-inch Storm Drain Rehabilitation Plan”, by BFK Engineers, dated October 23, 2019 (2 Sheets). 104. “Geotechnical Report Review Checklist, Repair Rear Drainage Pipe, 1 Park Newport Drive…”, by City of Newport Beach, dated November 12, 2019. 105. “2019 Annual Monitoring Program, Backbay Drive Slope and Adjacent Areas, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated December 18, 2019. 106. “Geotechnical Summary of Proposed Storm Drain Rehabilitation, North of Building 41 (Units 3160 and 3170), Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated December 20, 2019. 107. “Geotechnical Summary of Landslide Mitigation, West of Unit 4830, Park Newport Apartments, One Park Newport Drive, Newport Beach, California”, by Hetherington Engineering, Inc., dated July 21, 2020. 108. “Park Newport Apartments, Back Bay Drive, Rockfall Assessment Letter, Newport Beach, California”, by Kane Geotech, Inc., dated August 20, 2020. 109. “Park Newport Apartments, Surficial Slope Stabilization and Rockfall Mitigation, Engineering Design Calculation Report, Newport Beach, California”, by Kane Geotech, Inc., dated August 20, 2020 (Sheets 1 through 5). 110. “Park Newport Apartments, Surficial Slope Stabilization and Rockfall Mitigation (Project Specifications), Newport Beach, California”, by Kane Geotech, Inc., dated August 20, 2020. 111. “Proposed Rockfall Mitigation, West of Unit 4830, Park Newport Apartments, One Park Newport, Newport Beach, California”, by Hetherington Engineering, Inc., dated September 4, 2020. 112. “Response to Geotechnical Report Review Checklist, Proposed Rockfall Mitigation, West of Unit 4830, One Park Newport Drive, Newport Beach, California, Plan Check No. 1636-2020”, by Hetherington Engineering, Inc., dated December 18, 2020. 113. “Response to Plan Check Correction List, Proposed Rockfall Mitigation, West of Unit 4830, One Park Newport Drive, Newport Beach, California, Plan Check No. 1636- 2020”, by Hetherington Engineering, Inc., dated December 18, 2020. 98 N PROJECT NO.FIGURE NO. SCALE: 1" - 2000' (1 Grid Equals: 0.5 x 0.5 miles) LOCATION MAP 1 Park Newport ApartmentsNewport Beach, CA 121.1 ADAPTED FROM: The Thomas Guide, Orange County, 51st Edition, Page 889 GEOTECHNICAL CONSULTANTS ROCK SOLID GEOTECHNICAL, INC. 99 3/$7(12352-(&712352-(&712 *(2/2*,&0$3 16&$/( (;3/$1$7,21 %25,1*%</(52<&5$1'$// $662&,$7(6 *(2/2*,&&217$&7 $3352;,0$7(/2&$7,212)(;,67,1*3,/(67,0%(5:22'/$**,1*5(7$,1,1*:$//3,/(6)((7,172%('52&. $3352;,0$7(/2&$7,212)(;,67,1*3,/(6&/8%+286(62/',(53,/(:$//3,/(6,1&+',$0(7(5)((721&(17(5)((7'((3 $3352;,0$7(/2&$7,212)(;,67,1*3,/(662/',(53,/(:$//3,/(6,1&+',$0(7(5)((721&(17(5)((7'((3 % $3352;,0$7(/2&$7,212)352326('0,&523,/(7,(%$&.6<67(0(;7(1'&/8%+286(3,/(66287+$%29(-81(/$1'6/,'( %8,/',1*$3352;,0$7(/2&$7,212)352326('0,&523,/(7,(%$&.6<67(0 %25,1*%</(52<&5$1'$// $662&,$7(6% % % % % /$1'6/,'( )250$7,210217(5(< '(326,767(55$&( '(326,767(55$&( )250$7,210217(5(<)250$7,210217(5(< )250$7,210217(5(< '(326,767(55$&( )250$7,210217(5(< )250$7,210217(5(< /$1'6/,'( 0$5&+$&7,9( -81($&7,9( $&7,9(-$18$5<$&7,9( -$18$5<$&7,9( '(&(0%(5$&7,9( $&7,9(129(0%(5 '(326,767(55$&( % 3DUN1HZSRUW$SDUWPHQWV1HZSRUW%HDFK&DOLIRUQLD 685),&,$/)$,/85(6(526,21 52&.)$//3(5,2',&$&7,9,7< % % % % % %% *(27(&+1,&$/&2168/7$176 52&.62/,'*(27(&+1,&$/,1&100 INTENTIONALLY BLANK PAGE101 Attachment No. PC 7 Alternatives Analyses 102 INTENTIONALLY BLANK PAGE103 104 105 7400 Shoreline Drive Suite 6 Stockton, California 95219 Tel: 209-472-1822 www.kanegeotech.com 1441 Kapiolani Boulevard Suite 1115 Honolulu, Hawai’i 96814 Tel: 808-468-9993 www.kanegeotech.com 6080 Center Drive Suite 600 Los Angeles, CA 90045 Tel: (323) 331-9222 www.kanegeotech.com 200 Prosperity Drive Knoxville, Tennessee 37923 Tel: (865) 248-3051 www.kanegeotech.com M e m o r a n d u m To: Shawna Schaffner From:Bill Kane cc:Brian Forsthoff, Ken Dressel, Pua Whitford, Joe McElhany, Date:April 5, 2023 RE:Park Newport Slope Stabilization - Alternative System Considerations This is to inform you that alternative systems to the stabilization piles/caissons were considered for this project. Solutions such as retrofitting piles underneath existing structures (i.e., underpinning) were discussed and evaluated. However, they were deemed to be overly complex, incur a high risk of damaging the existing structures, risked public safety, and cost-inefficient compared with other stabilization measures. Underpinning requires the design of temporary excavations and supports under the existing foundation. Since retrofitting underneath the existing structures would require the piles to be connected to the existing foundation, the consequential settlement of the new micropiles require analyses to prevent differential settlement and structural damage over time. Safety concerns would restrict building access during construction due to the open excavation under the existing foundation. A temporary support system would have to be designed and constructed to support the structures during construction of the underpinning. An expensive instrumentation and monitoring system on the structures during and after construction also would be required. Lastly, due to the high lateral design loads, required foundation depths, and confined space restrictions, typical underpinning systems with micropiles or helical piles would be inadequate to protect the existing building and require unique design and construction considerations, further increasing cost and construction time. Underpinning would also not fully protect the property. Public access areas such as Building Four’s adjacent courtyard would be unprotected and vulnerable during an event. Additional measures would have to be implemented to protect public safety, also further increasing cost and construction time. KANE GeoTech Inc. also considered other low environmental impact solutions, such as soil nails with high-strength steel mesh and erosion control matting but was determined to be unviable due to property limits and construction restrictions on the slope. 106 Attachment No. PC 8 Site Plan 107 BACK BAY DRIVE BUILDING 37 BUILDING 4 BUILDING 4 CAST-IN-DRILL-HOLE (CIDH) PILE DIAMETER = 18" (MIN.) SPACING = 48" O.C. (MAX.) DEPTH = 50'-0" (MIN.) QUANTITY = 51 (APPROX.) START: 33°37'45.00"N, 117°53'2.21"W END: 33°37'43.69"N, 117°53'0.52"W BUILDING 37 CAST-IN-DRILL-HOLE (CIDH) PILE DIAMETER = 18" (MIN.) SPACING = 48" O.C. (MAX.) DEPTH = 85'-0" (MIN.) QUANTITY = 39 (APPROX.) START: 33°37'38.25"N,117°53'0.19"W END: 33°37'36.87"N, 117°53'0.35"W EROSION CONTROL TARP EST. AREA = 12,000-SF EROSION CONTROL TARP EST. AREA = 28,500-SF TEMPORARY K-RAIL SECTION 1 QUANTITY = 9 LENGTH = 180'-0" START: 33°37'40.06"N 117°53'1.66"W END: 33°37'38.32"N 117°53'1.51"W TEMPORARY K-RAIL SECTION 2 QUANTITY = 5 LENGTH = 100'-0" START: 33°37'37.94"N 117°53'1.52"W END: 33°37'36.96"N 117°53'1.58"W TEMPORARY K-RAIL SECTION 3 QUANTITY = 6 LENGTH = 108'-0" START: 33°37'33.86"N 117°53'2.55"W END: 33°37'32.88"N 117°53'3.07"W EROSION CONTROL TARP EST. AREA = 5,500-SF TENSIONED GEOBRUGG TECCO MESH SYSTEM APPROX. AREA = 3,000-SF EROSION CONTROL STRAW WATTLES NUMBER OF ROWS = 8 LENGTHS VARY = 65'-0" TO 85'-0" (EST.) PARK NEWPORT APARTMENTS SITE EXHIBITN DATE:DRAWN BY:KANE PROJECT NO:DESIGNED BY:SCALE:OFSHEETPREPARED AT THE REQUEST OFREVISIONS © 2023 KANE GeoTech, Inc.CHECKED BY:Southern California Office6080 Center DriveSuite 600Los Angeles, CA 90045(323) 331-9222Hawai'i Office1441 Kapiolani BoulevardSuite 1115Honolulu, HI 96814(808) 468-9993GeoTech, Inc.Geoengineering ConsultantsNorthern California Office7400 Shoreline DriveSuite 6Stockton, CA 95219(209) 472-1822Tennessee Office200 Prosperity DriveKnoxville, TN 37923(865) 248-3501BJFN.T.S.2023 04-06KGT23-17Park Newport ApartmentsSite ExhibitNewport Beach, CaliforniaGerson Bakar & Associates201 Filbert Street, Sute 700San Francisco, California, 94133-324211DRAFT 108 Park Newport Landslide and Rockfall Mitigation Planning Commission, Public Hearing May 4, 2023 Liz Westmoreland, Senior Planner Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Project Location 2Community Development Department Park Newport Apartments Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Bluff - 2019 3Community Development Department Back Bay Drive Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Bluff – 2020 4Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) •Long history of landslides at the Park Newport Bluff •June of 2020 -most recent failure •Property owners retained a professional engineering and geology firm •Over the last 3 years the geotechnical professionals have recommended various features to protect the bluff and the public from further rockfall and erosion •Several Emergency CDPs Background Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) •April 2021-the applicant submitted a CDP •April 21, 2022 –Planning Commission unanimously approved the CDP •May 11, 2022 –Appeal was filed to the CCC •Aesthetic concerns •July 13, 2022 –CCC found substantial issue •Applicant resolved concerns of appellant and CCC and submitted a new CDP application in early 2023 to City CDP History Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) CDP to Permanently Authorize: •Anchored mesh •K-Rail barriers •Waiver of City Council Policy L-6 •Seasonal tarping in select locations •Installation of soldier piles Project Description Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Anchored Mesh 8Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) K-Rail Barriers 9Community Development Department Approx. ROW Line Example Image Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Seasonal Tarping 10Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Soldier Piles (Micropiles) Building 4 Unit 4830 Existing piles/wood retaining wall Proposed piles Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Response to Prior Comments Appellant’s Concerns Addressed •Satisfied with new tarping colors •No further concerns CCC Substantial Issue Comments Addressed •Additional analysis in the resolution and staff report •Evaluated another alternative to retrofit buildings •Limited seasonal tarping authorization to a 10-year period 12Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) 13Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Key Findings and Discussion •Required to protect existing residential structures that predate Coastal Act •Protects an important public access route •Least invasive option •Biological resources protected •Technical reports demonstrating no impacts to sensitive species including birds •Pre-construction surveys 14Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Recommended Action •Conduct a public hearing; •Find this project Categorically Exempt from CEQA; •Waive City Council Policy L-6, Encroachments in the Public Rights-of-Way •Adopt Resolution PC2023-0034 approving the CDP 15Community Development Department Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) 16 Questions and Discussion Liz Westmoreland, Senior Planner 949-644-3234 or lwestmoreland@newportbeachca.gov Planning Commission, Public Hearing May 4, 2023 Planning Commission - May 4, 2023 Item No. 2a - Additional Materials Presented at Meeting by Staff Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Park Newport Planning Commission May 4, 2023 Item No. 2 Residential Protection and Rockfall Mitigation Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Location Park Newport Blufftop Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Project Site •Built in 1969 (Pre-Coastal Act) •Developed with 1,300 apartments •Buildings built on blufftop •Continuous blufftop monitoring for 40+ years •Building 4 and Units 4820 and 4830 require protection Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Bluff Stability •The bluff considered grossly and su rficiallyunstable from an engineering geologic and geotechnical engineering perspective •Goals of project: •Protect public safety on Back Bay Drive •Protect primary residential structures atop bluff Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission Approval April 21, 2022 •Prior to hearing, letter of opposition from resident concerned about aesthetics •Commissioners encouraged further research of alt ernative tarp colors –and applicant agreed •CDP approved unanimously •Concerned resident declined meetings to review tarps •Appealed CDP to Coastal Commission Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Coastal Commission Appeal Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Process Following Appeal •Coastal Commission found substantial issue •Worked with CCC Staff on alternatives analysis •Alerted appellant of change to tarps •Withdrew original CDP application and concurrently su bmitted new CDP application •Updated project to include:•Clear tarps with jute/burlap overlay and neutral-colored sandbags•10-year authorization for tarps•Change from soldier piles to micro-piles Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) June 2020 Landslide •Exposed 10-foot-high scarp of the bluff •Rockfall created on -going hazard to pedestrians and vehicles below •Emergency closure of Back Bay Drive Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Proposed Project •Effectuate Prior Emergency CDPs •Steel mesh to reduce on -going rockfall onto Back Bay Drive •K-rail placement to limit debris on Back Bay Drive •Seasonal tarping to limit bluff erosion •Micro -pile walls to protect primary residential structures atop bluff •10-year season tarping with neutral-colored tarps and sandbags Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Proposed Improvements Micro Pile Wall Tarp 1 Tarp 2 K Rail Section 1 K Rail Section 2 K Rail Section 3 Micro Pile Wall Steel Mesh Straw Wattle Tarp 3 Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Steel Mesh and Straw Wattle •On-going rockfall was hazard to public safety – r oadway closed June 2020 •Anchored mesh system installed in March 2021 •Straw wattle installed to reduce erosion •Slope hydroseeded with native plant mix •Roadway reopened April 2021 when work completed Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) K-Rail Placement •Three sections of K-Rail installed to keep debris off Back Bay Drive •Sections range from 100’-180’ in length •Setback from roadway but encroach into City right-of-way based on topography •Request Council Policy L-6 be waived to allow encroachment Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Residential Structure Protection •18” diameter micro -piles with tie-back anchors to be installed adjacent to two residential buildings •Unit 4830 -Extend existing soldier pile wall to the south using micro -piles, approximately 150’ in length •Building 4 -In stall micro -piles on the southeast side of building, approximately 200’ in length Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Existing Soldier Pile Walls (1998) Proposed Micro-Pile Walls Existing Wood Retaining Wall (1979) Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Seasonal Tarping •Tarps in place during rainy season •Installed over areas with active landslides •Vegetated areas not tarped •Reduce erosion of bluff •Clear visqueen with jute/burlap overlay and neutral-colored sandbags •Proposed for 10-year time period Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Clear visqueen with jute and neutral-colored sandbags Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Distant view of tarps Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Distant view of tarps Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Conclusion •New CDP application addresses issue of appeal and provides more thorough alternatives analysis •Rockfall mitigation and residential structure protection consistent with Section 21.30 of the City’s LCP and Chapter 3 of the Costal Act •Findings can be made for the issuance of a CDP and encroachment waiver pursuant to Policy L-6 Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034) Requested Action •Approve PA2023-0034 for rockfall mitigation, residential structure protection and 10 years of seasonal tarping •Waive City Council Policy L-6 fo r k-rail sections that encroach into the right of way Planning Commission - May 4, 2023 Item No. 2b - Additional Materials Presented at the Meeting Park Newport Landslide and Rockfall Mitigation Project (PA2023-0034)