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HomeMy WebLinkAboutPA2023-0034_20230206_CDP Justification Letter 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599 February 3, 2023 Mr. Jim Campbell Deputy Community Development Director 100 Civic Center Drive Newport Beach, CA 92660 Subject: Coastal Development Permit Application – Park Newport Dear Mr. Campbell: On behalf of Gerson Bakar & Associates and Park Newport Land Ltd., CAA Planning, Inc. (CAA) is pleased to submit a Coastal Development Permit (CDP) application for emergency work conducted under PA2021-008/CD2021-001 issued January 22, 2021 and PA2022-0233 issued October 14, 2022. In addition to the emergency bluff repair, the CDP application includes an evaluation of additional measures required to provide protection to the existing residential structures. The application includes all materials referenced in this letter, a Letter of Authorization, and the required application fee of $2,407. The letter also serves as the withdrawal of the previous CDP application for CD2021-001/PA2021-099. This new CDP application modifies the project previously proposed in CD2021-001 relative to the seasonal tarping proposed during the rainy season. The color of the tarping was previously unspecified, and black tarping had been used in a prior emergency authorization. This new CDP application specifies that a neutral or clear visqueen will be used for the bluff face tarping. Natural jute or burlap will be overlaid the visqueen in order to reduce the aesthetic impact associated with the black tarp. The project further specifies that the tarping will be secured via neutral-colored sandbags. Finally, the CDP application is modified to request a 10-year approval of the annual tarping activities. Additional detail is provided below. Permit History As discussed above, the proposed project has been issued two emergency permits for emergency bluff repair and seasonal tarping. The project also applied for a CDP with the City of Newport Beach in April 2021, which was approved by the Planning Commission and appealed to the California Coastal Commission. Dates listed below provide a timeline for the project. January 22, 2021 ECDP PA2021-008/CD2021-001 issued for installation of protective mesh and seasonal tarping. April 22, 2021 An application for Coastal Development Permit PA2021-099 was submitted to the City of Newport Beach for the emergency work and future measures to protect the existing residential structures. Mr. Jim Campbell February 3, 2023 Page 2 of 8 April 21, 2022 CDP CD2021-001/PA2021-099 was approved with conditions by Newport Beach Planning Commission. May 11, 2022 Todd and Juliette Worthe filed an appeal with the California Coastal Commission. The appeal contended 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). July 13, 2022 California Coastal Commission found Substantial Issue A-5-NPB-22-022 and a De Novo hearing would be scheduled with the Coastal Commission at a future date. October 14, 2022 ECDP PA2022-0233 was issued by the City of Newport Beach for seasonal tarping. Project History 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 Park Newport development is comprised of approximately 1,300 apartments and several ancillary support structures, which sit atop coastal bluffs. The Upper Newport Bay and the Newport Bay estuary are located downslope of the property, westerly of Back Bay Drive. A Location Map depicting the property is attached. There is a long history of slope failures at the property due to the location of the development atop coastal bluffs. The most recent landslide occurred in June 2020, which resulted in an approximately 10-foot-high scarp exposing approximately 100 square feet of highly fractured blocky siltstone. Back Bay Drive was closed to vehicular traffic as a result of the potential rock fall hazard created by the landslide. The roadway remained closed until the installation of steel mesh was completed in April 2021. The Slope Stabilization Plans prepared by Kane Geotech identify the area of mesh as 40 to 60 feet wide by 58 feet high with an overall coverage of 2,900 square feet. The mesh is held in place by 8 boundary anchors, 5 spot anchors, and 41 pattern anchors. The final plans, dated January 20, 2021, and the final approval letter, dated March 29, 2021, are attached. A Landslide Mitigation Summary Letter prepared by Hetherington Engineering, Inc. dated March 29, 2021 and updated by Rock Solid Engineering on January 31, 2023 (summary report) summarized existing geologic conditions, past landslides, and proposed future mitigation efforts at the project site and is attached for reference. The bluff is characterized as sloping down at a 0.5:1 to 1.5:1 horizontal to vertical ratio to locally vertical with a maximum height of Mr. Jim Campbell February 3, 2023 Page 3 of 8 approximately 90 feet. The geological structure composed of sedimentary bedding within siltstone bedrock is subject to ongoing erosion, surficial instability, rockfalls, and landslides. The summary 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. Past repair activities date back to 1979 and include the installation of soldier piles, a wood retaining wall, and reinforced concrete caissons at different locations along the bluff. The following is a summary of past bluff repair measures: 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. Emergency Work Effort On January 22, 2021, the City of Newport Beach (City) issued an emergency CDP (ECDP) to install steel mesh on a portion of the bluff located along Back Bay Drive near San Joaquin Hills Road. The emergency efforts included the installation of steel mesh with wire rope and epoxy anchoring and the placement of concrete k-rail at the toe of the slope to keep landslide debris off the roadway. The purpose of the emergency effort was to minimize the potential for future rockfall to impact the public street and bike path. Mobilization of the emergency work was initiated on February 10, 2021 and was completed on March 26, 2021. The plans used for the rockfall minimization work were prepared by Kane Geotech, Inc., and the physical installation was performed by Access Limited Construction. Heatherington Engineering provided geotechnical observation throughout the duration of work. Hetherington Engineering prepared an observation report detailing its ongoing on-site observation while the rockfall minimization work was being performed. Based on observation of steel mesh, anchor installation, and verification anchor testing, Hetherington Engineering concluded that the steel mesh and the anchors were installed in substantial compliance with the plans and specifications. The Observation Report, dated April 7, 2021, is attached. On October 14, 2022, the City issued an emergency CDP (PA2022-0233) for the installation of protective tarping in three locations on the slope fronting Back Bay Drive. The City determined that the emergency action was necessary to mitigate and reduce the immediate risks associated with rock, soil, or other debris from falling onto Back Bay Drive during a potential rain event. The Community Development Director Action Letter is attached. Mr. Jim Campbell February 3, 2023 Page 4 of 8 Proposed Future Slope Effort As discussed above, the emergency work that was authorized by the ECDP allowed for the installation of a steel mesh on the bluff and seasonal tarping. Rock Solid Engineering prepared an evaluation of the overall slope stability for the property related to the existing residential structures located near bluff failure areas. The Rock Solid report details the historic stabilization actions, summarized above, and identifies future slope stabilization measures that should be evaluated for the property. The Rock Solid report recommends the following measures necessary to protect the existing primary residential structures on the property. An exhibit prepared by Kane GeoTech, Inc. depicting the Slope Stabilization measures detailed below is attached hereto. 1. Install 18-inch diameter micropiles and tieback anchors in two locations. Please see below and the map attached to the report. a. Location 1: Extend the existing clubhouse soldier piles to the south past Unit 4830 approximately 150 feet total using 18-inch diameter micropiles to a depth of 85- feet. Tieback anchors, 20 feet in length, will be used to secure the micopiles. b. Location 2: Install 18-inch diameter micropiles to a depth of 50 feet on the southeast side of Building 4, totaling approximately 200 feet, where landslide materials were mapped by Law-Crandall and Associates extending under the structure. Tieback anchors, 40 feet in length, will be used to secure the micropiles. 2. One-inch diameter tiebacks will be installed at a 45 degree angel from the top of the micropile, in a landward direction) for a distance of 20 to 40 feet. There is no disturbance to the bluff face associated with installation of the tiebacks. Additional analysis and design work will be necessary to identify the precise location, number and depth of the proposed improvements. In addition to the measures recommended in the Rock Solid report, future efforts will also include seasonal placement of tarps along select areas of the bluff. Seasonal tarp placement is an effective stabilization method 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. The tarps would generally be utilized in the months between October and April, and completely removed once outside of the rainy season. Annual tarping efforts will include the placement of a light color or clear water-resistant visquine (or similar) with burlap or jute placed over the plastic which will be secured by a neutral color sandbag. The initial layer of plastic will serve to protect the slope during heavy rain events while the burlap material will help aesthetically by blending into the natural buff color of the slope. The attached Tarp Placement Diagram depicts the areas where the tarps are likely to be placed on an annual basis. Annual tarping is proposed for an initial period of 10-years. The future stabilization work is proposed to ensure security of the structures at the top of the bluff and increase safety along Back Bay Drive, as well as to substantially decrease the frequency of Mr. Jim Campbell February 3, 2023 Page 5 of 8 future roadway closure due to rock fall obstruction. Due to the presence of CSS on the bluff and the project site location within the Orange County Central/Coastal NCCP/HCP, future work will also be required to comply with NCCP construction measures including a pre-construction gnatcatcher and CSS habitat survey. A letter from the project biologist including the NCCP Construction Measures is attached. The project also includes three sections of temporary k-rail that encroach up to twelve (12)-feet eight (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 up to the slope to the property line. The applicant requests to retain non-compliant improvements within the Back Bay Drive public right-of-way that requires waiver of City Council Policy L-6 (“Policy”) prohibiting structures unless they are limited to a one 1-foot projection into the right-of-way and less than 36-inches in height. The k- rail is located behind the edge of pavement in order to retain rockfall debris. The k-rail does not impede any pedestrian, bicycle, or vehicular traffic. A k-rail exhibit prepared by Kane Engineering is attached. Coastal Act and Local Coastal Program Emergency Work Effort The work completed under ECDP PA2021-008/CD2021-001 was done consistent with Local Coastal Program (LCP) Implementation Plan (IP) Section 21.52.025 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.” Emergency work is permitted by Coastal Ace Section 30611 Emergencies; Waiver of Permit where “[w]hen immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit under this division may be waived…” The emergency work for installation of steel mesh on the bluff-face was approved for the purpose of protecting public safety from falling rock debris. Proposed Future Work Effort The future protection of the existing development is allowable under Coastal Act Section 30235 Construction Altering Natural Shoreline where “[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...” As discussed above, the Park Newport Mr. Jim Campbell February 3, 2023 Page 6 of 8 Apartments were constructed in 1969 which predates the Coastal Act of 1976 and are considered as existing structures. Future work activities such as the ones proposed are permitted by LCP IP Section 21.30.030 Natural Landform and Shoreline Protection. “Protective structures are permitted to protect existing primary structures 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 tidelands...” Due to the nature of the work on the bluff-face, the issuance of a CDP under City jurisdiction is required by LCP IP Section 21.52.035. CDP Analysis The emergency work was for the purpose of surficial stabilization to prevent and minimize future impacts from landslides and rockfall while the future proposed work will protect the existing structures and minimize rockfall and landslides. The emergency work and future proposed work are proposed as mitigation for public safety and to prevent future closure of Back Bay Drive due to fallen debris, which will ensure continuity of public access to the public parking lot located on Back Bay Drive and promote both vehicular and pedestrian circulation along the Back Bay and estuary. A CDP is requested for the emergency work completed under ECDP PA2021-008/CD2021-001, PA2022-0233 and proposed future work recommended by Rock Solid Engineering. The completed emergency work and proposed future work comply with the provisions of Chapter 3 of the Coastal Act and the City of Newport Beach Local Coastal Program (LCP). The required Findings provided in the LCP IP Section 21.52.15 (F) (Findings and Decision) can be satisfied by the proposed project. A draft of the Facts in support of the required Findings will be provided under sperate cover. Findings must be made that the project will satisfy the following. 1. Conforms to all applicable sections of the certified Local Coastal Program (e.g., development standards, no impacts to public views, natural resources); and 2. 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. In addition, to the consistency of the proposed development with the certified Local Coastal Program to the maximum extent feasible, there are no feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Mr. Jim Campbell February 3, 2023 Page 7 of 8 Biological Survey for Emergency Work Effort On February 16, 2021, a biologist from Glenn Lukos Associates conducted a 1-day survey for gnatcatchers within 100 feet of the work area. Glenn Lukos Associates also prepared a hydroseed palate with coastal bluff native vegetation appropriate for erosion control landscape at the project site. Mobilization of construction equipment began on February 10, 2021, however the biological site survey was conducted prior to commencement of the steel mesh installation work effort. Although surveying gnatcatchers was not a condition of the ECDP, the project site is within the Orange County Central/Coastal Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), which requires specific construction minimization measures that include a pre- construction survey to identify California gnatcatchers within 100 feet of work in areas where Coastal Sage Scrub (CSS) is present. No gnatcatchers were observed within 100 feet of the work area or at all on that day. A summary biological finding letter, dated February 17, 2021 is attached. CEQA The project is determined to be exempt from the California Environmental Quality Act (CEQA) based on Class 1 exemption. Class 1 exemptions include 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 emergency work is exempt pursuant to California Code of Regulations §15269(c), because the activity is necessary to prevent rockfall and protect the existing structures. There are no known exceptions listed in CEQA Guidelines §15300.2 that would apply to the emergency work and future proposed measures to invalidate the use of these exemptions. Conclusion We appreciate the City’s consideration of this application. We look forward to working with you for the issuance of a CDP for the work completed under ECDP PA2021-008/CD2021-001, PA2022-0233 and for proposed future rockfall minimization work. Please do not hesitate to contact our office with any questions. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Mr. Jim Campbell February 3, 2023 Page 8 of 8 Attachments: Project Location Map Hetherington Geotechnical Mitigation Summary dated March 29, 2021 and updated by Rock Solid engineering dated January 25, 2023 Kane GeoTech, Inc Park Newport Slope Stabilization CIDH Pile Slope Stabilization 11-21-2022 GLA Biological Pre-Construction Finding Letter dated February 17, 2021 Kane Geotech Final Plans dated January 20, 2021 Kane Geotech Final Approval Letter dated March 29, 2021 Hetherington Engineering Observation Report dated April 7, 2021 GLA Future Construction/NCCP Construction Measures dated April 19, 2021 Planning Commission approval of CDP CD2021-001/PA2021-099 California Coastal Commission Substantial Issue A-5-NPB-22-022 ECDP PA PA2022-0233 with attachments dated October 14, 2022 Site Photographs dated January 31, 2023 Seasonal Tarp Placement Diagram K-Rail Exhibit c: Ken Dressel, Gerson Bakar