HomeMy WebLinkAboutPA2023-0161_20230911_Staff Approval Justification Letter
30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599
September 11, 2023 Mr. Jim Campbell
Deputy Community Development Director
100 Civic Center Drive Newport Beach, CA 92660 Subject: Park Newport Apartments CDP No. PA2023-0034
Application for Minor Change to Coastal Development Permit
Dear Mr. Campbell: On behalf of Gerson Bakar & Associates and Park Newport Land Ltd., CAA Planning, Inc. (CAA)
submits this request for a minor change to Coastal Development Permit (CDP) PA2023-0034.
On May 4, 2023, the City of Newport Beach Planning Commission approved CDP application No. PA2023-0034 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, and the installation of soldier pile walls within the Park Newport site near
existing residential buildings to improve the factor of safety for the residential buildings. All components of the approved project would remain the same with a minor change in the design of the approved soldier pile walls, as further detailed below.
Requested Change to CDP PA2023-0034
The attached geotechnical memorandum dated August 17, 2023 summarizes the findings of the geotechnical investigation. The memorandum recommends a minor change in the design and length of the soldier pile walls to ensure that the original intent of the CDP will be achieved. Consistent with the approved CDP, the proposed changes will occur below-ground within the subject property. The geotechnical memo Figures 1 and 2 illustrates the proposed changes in blue
with the approved length and location shown in orange. A complete geotechnical report will be submitted to the Building Department during permit plan check as required by the conditions of approval.
Findings
Pursuant to Section 21.54.070 (Changes to an Approved Project) of the NBMC, the Community
Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first find as follows: Finding:
A. The changes are consistent with all applicable provisions of this Implementation Plan.
Mr. Jim Campbell September 11, 2023
Page 2 of 4
Facts in Support of Finding: 1. 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 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 and has a history of landslides dating back to 1978.
2. The proposed minor plan revisions comport with the findings of approval for the previously approved CDP and the conditions of approval set forth by Resolution PC2023-021. Finding:
B. The changes do not involve a feature of the project that was a basis for or subject of finding or
exemptions in a negative declaration or Environmental Impact Report for the project. Fact in Support of Finding:
1. The approved project was found to be categorically exempt from the requirements of
CEQA under Section 15301, Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures). 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. The proposed minor changes do not involve a feature of the project that was a basis for the referenced exemptions.
Finding:
C. The changes do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval.
Facts in Support of Finding: 1. The proposed project was reviewed by relevant City departments including the Building Division, Public Works Department, and Fire/Life Safety Services.
2. The soldier pile wall is a component of the project that was approved by Planning
Commission and was not the subject of a condition(s) of approval for the project or that was a specific consideration. 3. The proposed change to the soldier pile wall is a result of the geotechnical investigation prepared consistent with the approval of PA2023-0034.
Mr. Jim Campbell September 11, 2023
Page 3 of 4
4. A geotechnical investigation was conducted by Langan and a subsequent memo dated August 17, 2023 was prepared.
Finding: D. The changes do not result in an expansion or change in operational characteristics of the use.
Facts in Support of Finding:
1. The project site is located within the RM (Multiple Residential) Zoning District. The proposed project revisions comply with all applicable residential development standards and the minor change would not result in an expansion or change in operational characteristics of the residential use of the site. The increased length of the proposed soldier
pile walls will protect the existing residential use but would not change the operational
characteristics or expand the use. Finding:
E. Do not alter the facts in support of the findings required by Section 21.52.015(F) and any other
application section of this Implementation Plan.
Facts in Support of Finding: 1. The project does not alter the facts in support of the findings for PA2023-0034 or the application of the Implementation Plan.
2. The proposed change to the soldier pile wall conforms to all applicable sections of the
certified Local Coastal Program, including Section 21.30.030(C)(3)(ii) (Protective Structures) and Section 21.30.030(C)(3)(d) (Protective Structures). 3. The project is not located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.
Conclusion
We appreciate the City’s consideration of this application. Please do not hesitate to contact our office with any questions.
Sincerely,
CAA PLANNING, INC.
Shawna L. Schaffner Chief Executive Officer
Mr. Jim Campbell September 11, 2023
Page 4 of 4
Attachments: Langan Geotechnical Memorandum dated August 17, 2023
c: Ken Dressel, Gerson Bakar