HomeMy WebLinkAboutAerie_ 201-205, 207 Carnation, 101 Bay (PA2005-196)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
May 17, 2007
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
(949) 644 -3210, icamabellecitv.newoort- beach.ca.us
SUBJECT: AERIE (PA2005 -196)
201 -205 & 207 Carnation Avenue
101 Bayside Place
APPLICANT: Advanced Real Estate Services, Inc.
Richard Julian, President
PROJECT SUMMARY
The AERIE project consists of the demolition of an existing 14 -unit apartment building
and single - family residence and the construction of a new 9 -unit residential
condominium building. The following discretionary approvals are requested or required
in order to implement the project as designed:
1. General Plan Amendment No. 2005 -006 would change the land use designation of a
584 square foot portion of 101 Bayside Place from RT (Two -Unit Residential) to RM
(Multiple -Unit Residential, 20 dwelling units per acre).
2. Coastal Land Use Plan Amendment No. 2005 -002 would change the Coastal Land
Use Plan designation of the same 584 square foot portion of 101 Bayside Place from
RH -D (High Density Residential - 50.1 to 60 dwelling units per acre) to RM -A
(Medium Density Residential - 6.1 to 10 dwelling units per acre).
3_ Zone Change No. 2005 -009 would change the zoning designation of the 584 square
foot portion of 101 Bayside Place from R -2 (Two - Family Residential) to MFR
(Multifamily Residential, 2178 square feet per unit).
4. Tract Map No. 2005 -004 (TT16882) combines the 584 square foot portion of 101
Bayside Place with 201 -205 Carnation Avenue and 207 Carnation Avenue and
subdivides the air space for 9 residential condominium units.
5. Modification Permit No. 2005 -087 would permit a 5 -foot subterranean encroachment
within the 10 -foot front setback along Carnation Avenue, and a 3' -1" to 5' -7" above-
AERIE (PA2005 -196)
May 17, 2007, Page 2
grade and subterranean encroachment into a 10' -7" side yard setback between the
Project and 215 Carnation.
6. Coastal Residential Development Permit No. 2005 -002 is an application required by
Chapter 20.86 of the Municipal Code to review the potential loss of affordable
housing within the Coastal Zone. No low or moderate income households occupy
the site and no replacement housing is required.
Each discretionary approval request, analysis and their respective findings are
discussed in the February 22, 2007, staff report attached as Exhibit #1. Facts to support
the findings are contained in the attached draft resolutions recommending project
approval to the City Council
RECOMMENDATION
1) Consider the revised draft MND; and,
2) Adopt one of the two attached draft resolutions recommending that the City Council
adopt the draft MND and approve the project consistent with the predominant line of
existing development as determined by the Planning Commission and approve
General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No.
2005 -002, Cade Amendment No. 2005 -009, Newport Tract Map No. 2005 -004 (Tract
16882), Modification Permit No. 2005 -087 and Coastal Residential Development
Permit No. 2005 -002 (Exhibit #2 and #3).
DISCUSSION
Project Revisions
In response to Planning Commission direction at the February 22, 2007 meeting, the
applicant modified the project by reducing the bayward extent of the northwestern
portion of the proposed building to be consistent with the bayward extent of the
southeastern portion of the building. The northwestern portion of the building extended
further away from the bluff edge than the southeastern portion of the building. The
applicant revised the plans by moving the deck and building wall closer to the
approximate location of the bluff edge on Level 2 (lower floor of Unit #7) by
approximately 6.5 and 6 feet respectively. Additionally, the deck and building wall on the
level above (Level 3) were also modified, but were not moved closer to the estimated
bluff edge. Overall the project changes reduced the overall floor area by 527 square
feet.
Since the Planning Commission meeting of April 5, 2007, the applicant has further
revised the project again. The lowest extent of the project as seen from the west will be
30.5 feet above mean sea level (previously 29 feet MSL). The finished floor of Level 1 is
now 18 inches higher on the bluff face. The lowest visible extent of the north elevation
will vary between 59 feet and 30.5 feet MSL. The revised plans (Exhibit #4) include the
changes directed by the Planning Commission at the February 22, 2007, meeting.
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AERIE (PA2005 -196)
May 17, 2007, Page 3
Specific Coastal Land Use (CLUP) Policies vs. General CLUP Policies
Project approval requires the Planning Commission to find that the proposed
condominium building is consistent with applicable General Plan, CLUP policies, and
the Zoning Code. Because the project site is a coastal bluff, project review has focused
on CLUP policies relating to protection of coastal bluffs and views of the bluff as part of
the scenic and visual quality of the coastal zone. These policies are set forth below.
This report will outline the range of possible outcomes based upon the application of
these policies.
CLUP policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3 are general policy statements that apply to
all development.
4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the
coastal zone, including public views to and along the ocean, bay, and harbor and
to coastal bluffs and other scenic coastal areas.
4.4.1 -2. Design and site new development, including landscaping, so as to minimize
impacts to public coastal views.
4.4.1 -3 Design and site new development to minimize alterations to significant natural
landforms, including bluffs, cliffs and canyons.
CLUP policies 4.4.3 -8 and 4.4.3 -9 apply to the project site and provide specific policy
direction.
4.4.3 -8. Prohibit development on bluff faces, except private development on coastal
bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in
Corona del Mar determined to be consistent with the predominant line of
existing development or public improvements providing public access,
protecting coastal resources, or providing for public safety. Permit such
improvements only when no feasible alternative exists and when designed
and constructed to minimize alteration of the bluff face, to not contribute to
further erosion of the bluff face, and to be visually compatible with the
surrounding area to the maximum extent feasible.
4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean Boulevard,
Carnation Avenue and Pacific Drive in Corona del Mar, require all new
development to be sited in accordance with the predominant line of existing
development in order to protect public coastal views. Establish a predominant
tine of development for both principle structures and accessory improvements.
The setback shall be increased where necessary to ensure safety and stability
of the development.
At the April 5, 2007, staff report, staff indicated that development up to the predominant
line of existing development should not be allowed if the Planning Commission
determined that this effort alone did not sufficiently minimize alteration of the bluff. Staff
reached this conclusion by attempting to balance Policy 4.4.1 -3 with the two more
3
AERIE (PA2005 -196)
May 17, 2007, Page 4
specific policies (Policies 4.4.3 -8 and 4.4.3 -9) that allow development to be sited on the
Camation Avenue bluff face consistent with the predominant line of existing
development. Staff has met with the applicant and also been advised by the City
Attorney that a specific policy takes precedence over a more general policy when there
appears to be a potential conflict in their application. This does not mean, however, that
the general policies are not applicable in the implementation of the more specific
policies. Accordingly, the location of the predominant line of existing development
pursuant to Policies 4.4.3 -8 and 4.4.3 -9 must first be identified as the means of
minimizing alteration of the bluff.
Policies 4.4.3 -8 and 4.4.3 -9 allow development to the predominant line of existing
development and Policies 4.4.1 -1 and 4.4.1 -2 require development be designed to
minimize impacts to public coastal views and to protect and, where feasible, enhance
the scenic and visual qualities of the coastal zone, including public views. Determining
the predominant line of existing development in a manner that is also consistent with
Policies 4.4.1 -1 and 4.4.1 -2 will ensure that development up to the predominant line of
existing development will minimize alteration of the bluff and protect public coastal
views and the scenic and visual quality of the coastal zone. If the development up to
the predominant line of existing development is perceived to be inconsistent with the
intent of the more general policies, the method to identify the predominant line of
existing development may be flawed.
Predominant Line of Existing Development
The Planning Commission must determine the location of the predominant line of
existing development. As noted in prior staff reports and the revised MND, establishing
the predominant line of existing development is subjective. Although staff has identified
a predominant line of existing development in the revised MND, the Commission may
determine that the predominant line of existing development should be set at a location
different than the one identified by staff in the revised MND based upon an alternative
interpretation of CLUP policies.
The most conservative application of the polices might suggest that no portion of the
project could extend further bayward or lower on the bluff face than the existing
development located on the project site. Staff does not believe this application of policy
is consistent with the definition of predominant line of existing development contained
within the CLUP as it would not take into account existing abutting development on the
bluff face that is developed further down the bluff face. Additionally, it would also
suggest that minimizing the alteration of the bluff might mean no alteration is allowed.
The first step to identify the predominant line of existing development consistent with
CLUP policies is to locate a block of homes on the bluff face that are representative of
the existing development pattern. The next step is to measure the distance between the
structures within the block of homes selected and a representative point or line. The
definition of predominant line of development within the CLUP contains an example
suggesting that the predominant line of existing development may be the median
distance of the block of homes. The median distance is then compared to the entire
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AERIE (PA2005 -196)
May 17, 2007, Page 5
block of homes to ensure that it is represents the existing development pattern. If it does
not represent the development pattern, it would not be consistent with the general
resource protection policies discussed above and a different method to identify the
predominant line of existing development should be examined. In staffs opinion, the
calculation of the median distance (used by staff to arrive at a predominant line of
existing development in the draft MND) should be considered the starting point and
should not be the sole basis for determining the predominant line of existing
development.
In developing the predominant line of existing development as set forth in the revised
MND, the definition of the predominant line of development was used. Staff identified a
block of homes consisting of 7 principal structures constructed on the bluff face as
shown in Exhibit #5. These structures were identified for the purpose of analysis as they
are all located on Carnation Avenue /Ocean Boulevard bluff face and share similar
topographical features. The elevation of each structure above mean sea level was
measured based upon available topographic and elevation information. The median
elevation was calculated. Fifty -two (52) feet above mean sea level was identified as the
median value within the draft MND and that led staff to identify it as the vertical
predominant line of existing development as it appears to be consistent with the existing
development pattern. Since this analysis was prepared, the applicant has provided
additional information on the vertical extent of development down the bluff face (Exhibit
#6). The following table indicates the 7 lots within the block of homes evaluated with
elevation information and median values identified.
Based upon this more accurate elevation information, staff concludes that the
predominant line of existing development could be 50.7 feet above MSL. The structures
located on Bayside Place, Channel Reef condominium development and the Kerchoff
Marine Laboratory were not included as they are not located on the bluff face but rather
in front of the bluff. If Channel Reef is included in the calculation, with an approximate
elevation of 14.15 feet, the median elevation is 49.4 feet above MSL. If the Kerchoff
Marine Laboratory is included, the median elevation is 48.1 feet above MSL.!
Staff has also evaluated the predominant line of existing development in the horizontal
or plan view using the same block of homes identified above. The furthest extent of
development from the curb was estimated from aerial photography and project plans.
The median distance from the curb is approximately 96.7 feet. When Channel Reef is
included, the median distance from the curb is 103.3 feet. The project extends further
i;
MND vertical elevation
Lowest vertical elevation
1.
2495 Ocean Blvd.
30.5
24.10
2.
201 -205 Carnation Ave.
52 median value
42.3
3.
207 Carnation Ave.
70
65 estimated
4.
215 Carnation Ave.
57
57.8
5,
221 -223 Carnation Ave.
48
48.1
6.
227 -231 Carnation Ave.
59
58.2
7.
233 Carnation Ave.
50
50.7 median value
Based upon this more accurate elevation information, staff concludes that the
predominant line of existing development could be 50.7 feet above MSL. The structures
located on Bayside Place, Channel Reef condominium development and the Kerchoff
Marine Laboratory were not included as they are not located on the bluff face but rather
in front of the bluff. If Channel Reef is included in the calculation, with an approximate
elevation of 14.15 feet, the median elevation is 49.4 feet above MSL. If the Kerchoff
Marine Laboratory is included, the median elevation is 48.1 feet above MSL.!
Staff has also evaluated the predominant line of existing development in the horizontal
or plan view using the same block of homes identified above. The furthest extent of
development from the curb was estimated from aerial photography and project plans.
The median distance from the curb is approximately 96.7 feet. When Channel Reef is
included, the median distance from the curb is 103.3 feet. The project extends further
i;
AERIE (PA2005 -196)
May 17, 2007, Page 6
away from the bluff than this distance. The applicant's identification of the horizontal
predominant line of existing development as measured from the curb and bluff edge
have also been plotted by staff. These lines do not appear to be representative of the
existing development pattern of structures on the bluff face. The inclusion of the
Channel Reef condominium development and the Kerchoff Marine Laboratory in the
calculations creates the difference between staffs analysis and the applicant's. It does
appear that the existing development pattern follows the approximate bluff edge with the
exception of development of the two abutting single - family homes to the south and
Channel Reef.
The applicant has prepared several exhibits showing the bluff face with the project
superimposed as viewed from the bay. The exhibits contain various lines and elevations
above mean sea level. The applicant has not provided a calculation or identified a
methodology to determine the predominant line of existing development that supports
the revised project using elevations above mean sea level. Staff has prepared an
alternative method of calculating the median elevation of existing development as a
means to locating a predominant line of existing development consistent with the
vertical extent of development pf the proposed project.
The applicant identified a block of homes within the AERIE Project Overview (previously
transmitted to the Commission) for the purpose of identifying the predominant line of
existing development. This block of structures extends roughly 250 feet northerly and
250 feet easterly from the intersection of Carnation Avenue and Ocean Boulevard. The
lowest extent of development on the Carnation Avenue portion of the block is
approximately 42.3 feet (project site) and the lowest extent of development on the
Ocean Boulevard portion of the block is approximately 14.15 feet (Channel Reef). The
median elevation of these two values is also the average and it is 28.3 feet above MSL.
If this method is used to identify the predominant line of existing development, the
project may be consistent with CLUP Policies 4.4.3 -8 and 4.4.3 -9 if the entire structure
is up -slope from this line. Additionally, the project may be viewed as further minimizing
alteration of the bluff and protecting the view of and scenic quality of the coastal bluff as
required by CLUP policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3 as the entire building does not
extend to the predominant line of existing development.
The line of development exhibits prepared by the applicant (within Exhibit #3) show the
revised project and its relationship to surrounding development. From a purely
subjective standpoint, the revised project line steps down in elevation from left to right
on the drawings making a reasonable transition between abutting development on the
bluff face. If this line is representative of the existing development pattern on the bluff,
the Commission may use it for the basis of project approval.
Parking Configuration
In the last staff report, staff suggested that the project may be inconsistent with CLUP
Policy 2.9.3 -1 and Circulation Element Policy CE7.1.1 regarding the parking
configuration. These policies require new development to avoid the use of parking
configurations or parking management programs that are difficult to maintain and
I
AERIE (PA2005 -196)
May 17, 2007, Page 7
enforce while providing adequate, convenient parking for residents, guests, business
patrons and visitors. The below grade parking accessed by vehicle elevators is not the
most convenient and may lead to vehicle queuing within the public right -of -way.
Residents, guests and service providers might be more inclined to park on the street
when it is more convenient to do so.
One potential option is to relocate the vehicle elevators in such a way that they are not
accessed directly from the street but from within Level 4. In that way, vehicles would pull
off the street and wart for the elevators on -site rather than potentially blocking the street
or sidewalk. The Commission will need to determine whether or not the proposed
parking configuration is consistent with the subject policies. Eliminating the use of
vehicle lifts altogether does not appeal feasible given the density of the proposed
project, parking requirements and space needs if vehicle ramps are incorporated within
the parking garage design.
Draft Mitigated Negative Declaration
As noted previously, the draft MND has been revised and recirculated for public review
(Exhibit #7). The comment period is between April lee and May 15, 2007. The draft
MND was reviewed by the Environmental Quality Affairs Committee and their
comments, along with any other comments received, will be forwarded to the
Commission for consideration at or before the meeting depending upon when they are
received.
The decision to recirculate the document was made due to the amount and nature of
revisions previously recommended and the need to address a new public view issue.
Revisions to address prior comments made by the Planning Commission have been
incorporated. Additionally, the project's potential impact upon public views from Begonia
Park were included (page 23 of the revised draft MND). The project will marginally
reduce the view of the harbor entrance, Balboa Peninsula and a portion of the coastal
bluff from this vantage point, the impact was determined not to be significant.
Although staff identified the predominant line of existing development at 52 feet above
MSL, a different predominant line of existing development can be identified without
necessitating recirculation of the draft MND. Staff has further revised the basis for the
identification of the predominant line of existing development based upon more detailed
elevation information such that the predominant line of existing development is 50.7
feet, rather than 52 feet, above MSL and the proposed mitigation measure would need
to be revised accordingly. If the Planning Commission identifies an alternative
predominant line of existing development that accommodates the proposed project, it
will not identify a new environmental impact and the Mitigation Measure IX -5 is not
necessary. If an alternative predominant line of existing development is set by the
Planning Commission, Mitigation Measure IX -5 will need to be modified accordingly.
17
AERIE (PA2005 -196)
May 17, 2007, Page 8
SUMMARY
Identification of the predominant line of existing development is necessary to act on the
project. The line must be consistent with Policies 4.4.1 -1, 4.4.1 -2 and 4.4.1 -3 requiring
new development to minimize alteration of the coastal bluff, to protect public views of
the bluff and to protect the scenic and visual qualities of the coastal zone.
If the Commission determines the predominant line of existing development to be 50.7
feet above MSL as identified in the draft MND, then the applicant should be directed to
redesign the project consistent with this determination or the project can be
recommended for approval with a condition requiring such a change (Exhibit #2). If the
Commission determines the predominant line of existing development to be at or
beyond the revised project, the revised project can be recommended for approval
(Exhibit #3). If an alternative predominant line of existing development is identified,
revisions to either resolution will be necessary to reflect and implement the Planning
Commission's action.
As noted previously, a discussion and analysis of each discretionary approval request
including their respective findings are contained in the February 22, 2007, staff report
attached as Exhibit #1. Facts to support the findings are contained in both of the
attached draft resolutions recommending project approval to the City Council.
Prepared by:
ames Campbell, Senior Planner
EXHIBITS
Submitted by:
D vid Lepo, PI 914 n Director
1. February 22, 2007, staff report (without exhibits)
2. Draft resolution recommending project approval (predominant
development at 50.7 feet MSL)
3. Draft resolution recommending project approval (predominant
development at 28.3 feet MSL)
4. Revised project plans (Separate roll of plans)
5. Predominant line of existing development exhibits prepared by staff
6. Additional elevation /grade material submitted by the applicant
7. Draft MND (separate cover)
8. Comment letter from EQAC.
line of existing
line of existing
Exhibit #1
February 22, 2007, staff report (without exhibits)
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
February 22, 2007
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
(949) 644 -3210, icamnbell(a..citv.newnort- beach.ca.us
SUBJECT: AERIE (PA2005 -196)
201 -205 & 207 Carnation Avenue
101 Bayside Place
APPLICANT: Advanced Real Estate Services, Inc.
Richard Julian, President
ISSUE
Should the Planning Commission recommend approval of the AERIE project to the City
Council?
RECOMMENDATION
Staff recommends that the Planning Commission, after holding a public hearing, continue
the hearing to a future date to be determined at the meeting and direct the applicant to
modify the project to be consistent with Coastal Land Use Plan policies.
The AERIE project consists of the demolition of an existing 14 -unit apartment building and
single - family residence and the construction of a new 9 -unit residential condominium
building. The following discretionary approvals are requested or required in order to
implement the project as designed:
General Plan Amendment No. 2005 -006 would change the land use designation of a
584 square foot portion of 101 Bayside Place from RT (Two -Unit Residential) to RM
(Multiple -Unit Residential, 20 dwelling units per acre).
Coastal Land Use Plan Amendment No. 2005 -002 would change the Coastal Land Use
Plan designation of the same 584 square foot portion of 101 Bayside Place from RH -D
High Density Residential - 50.1 to 60 dwelling units per acre to RM -A (Medium Density
Residential - 6.1 to 10 dwelling units per acre).
/I
AERIE (PA2005 -196)
February 22, 2007, Page 2
3. Zone Change No. 2005 -009 would change the zoning designation of the 584 square
foot portion of 101 Bayside Place from R -2 (Two - Family Residential) to MFR
(Multifamily Residential, 2178 square feet per unit).
4. Tract Map No. 2005 -004 (TT16882) combines the 584 square foot portion of 101
Bayside Place with 201 -205 Carnation Avenue and 207 Carnation Avenue and
subdivides the air space for 9 residential condominium units.
5. Modification Permit No. 2005 -087 would permit a 5 -foot subterranean encroachment
within the 10 -foot front setback along Carnation Avenue, and a 3' -1" to 5' -7" above -
grade and subterranean encroachment into a 10' -7" side yard setback between the
project and 215 Carnation.
6. Coastal Residential Development Permit No. 2005 -002 is an application required by
Chapter 20.86 of the Municipal Code to review the potential loss of affordable housing
within the Coastal Zone. No low or moderate income households occupy the site and
no replacement housing is required.
The existing 14 -unit apartment building (approximately 13,688 square feet of gross floor
area) and single - family residence (approximately 2,810 square feet of gross floor area) will
be demolished to construct a new 9 -unit condominium complex. The existing apartment
building has a total of four levels, three levels visible above existing grade from the street,
with all four levels visible from Newport Bay. The existing single - family home north of the
apartment building is single -story.
The new building will have a total of seven levels, three of which will be visible above the
existing grade adjacent to the intersection of Carnation Avenue and Ocean Boulevard. A
total of 6 levels will be visible when viewed from the south and west from Newport Bay.
The lowest level will be fully subterranean and will not be visible. The structure includes
outdoor patios, decks and may include spas at each level. The project includes
encroachments into the front and side setbacks, much of which are which are to be
subterranean. Approximately 32,400 cubic yards of earth will be excavated and removed
from the site. The site currently consists of two parcels and a small portion of a third parcel
(584 square feet) with a total project area of 1.4 acres.
Each unit will have a private storage room located in the lowest basement level. Additional
amenities include a private spa, lounge, patio, locker room, exercise room, and a pool
located on Level 1. Residences are located on Levels 1 through 6. Two parking spaces per
unit and 7 guest parking spaces are provided on Levels 1 through 4. Parking on Level 4 is
accessed via a typical driveway and is approximately 3 feet below the grade of Carnation.
It accommodates two, 2 -car garages and 3 guest parking spaces. All other parking is
below Level 4 and is accessed from Carnation Avenue utilizing two freight elevators
designed to accommodate vehicles.
A staircase is currently located on the bluff face extending from the existing apartment
building to the existing floating docks. The upper portion of the stairs will be removed
AERIE (PA2005 -196)
February 22, 2007, Page 3
where the new building is proposed and a new staircase will be constructed in the side
yard to connect Level 1 to the existing stairs. Construction of a ramp from the lowest
basement level connecting it to the existing stairs is also proposed. Lastly, the project will
also include improvements to the existing private boat dock increasing the berthing
capacity from 4 to 9 boats. A comprehensive set of architectural plans, conceptual grading
plans and a tract map is attached for reference.
The proposed condominium building will consist of the following areas:
Unit No.
Location
Living
Garage
Storage
Total
Area
(sq. fL)
(sq. ft)
(sq• ft.)
(sq.fL)
1
Levels 5 & 6
4,833
369
1,393
6,595
2
Level
3,348
369
1,638
5,355
3
Level
4,459
361
962
5,782
4
Level2
4,671
361
897
5,929
5
Levell
5,094
361
794
6,249
6
Levels 4 & 5
4,091
368
824
5,283
7
Levels 2 & 3
5,211
369
863
6,443
8
Levels 2, 3 & 4
4,962
442
734
6,138
9
Levels 5 & 6
6,239
369
1,264
7,872
Total
42,908
3,369
9,369
55,646
Common
All levels
nla
n/a
We
20,687
Areas
Note: Common areas include the gross floor area not devoted to individu
residences and common recreational spaces and all parking areas
Project Setting
The site is currently developed with a 14 -unit apartment building (201 -205 Camation) and a
single - family residence (207 Carnation). The site is a steeply sloping coastal bluff and cliff
and is subject to marine erosion. The westerly portion of the site is partially submerged, rocky
and includes a small, sandy cove at the base of the landform occasionally referred to as
Carnation Cove. The buildings are located at the top of the bluff and the westerly extent of
the foundations of the existing buildings are located on the most elevated portions of the
landform. A staircase presently exists on the bluff face that connects the apartment building
with an existing, irregularly- shaped, concrete pad (approximately 720 square feet) and a
private floating dock bayward of the rocks. Introduced, non - native vegetation covers the
upper portions of the bluff below the existing buildings and the lower portion of the bluff has
exposed rocks.
West of the project site is the main entrance to Newport Bay from the Pacific Ocean and the
eastern end of Balboa Peninsula. North of the site are single - family and multi - family
residences on Carnation Avenue and Bayside Place. The western side of Carnation
Avenue is a developed coastal bluff with Bayside Place located directly below. Bayside
Place provides access to single - family residences constructed on previously filled
submerged lands. South and east of the site are multi - family residential buildings
developed on the coastal bluff face between Ocean Boulevard and Newport Bay.
%3
Tidelands:
Site area above 2:1 slope:
Site area below 2:1 slope:
Building coverage existing:
Building coverage proposed:
Project area:
Maximum building height:
Building height proposed:
Area Basement:
Area Level 1:
Area Level 2:
Area Level 3:
Area Level 4:
Area Level 5:
Area Level 6:
Total Area:
Maximum floor area:
AERIE (PA2005 -196)
February 22, 2007, Page 4
Project Statistics
11,293 square feet
15,164 square feet
21,362
13,483 square feet
15,198 square feet
61,282 square feet (1.4 acres)
28 to the midpoint of sloping roof, 33 to the
peak
Varies depending upon level, none exceed 28
feet
14,604 square feet
12,984 square feet
13,388 square feet
12,158 square feet
9,744 square feet
7,989 square feet
5,557 square feet
76, 333 square feet
90,759 square feet (50,833 s. f. buildable area
X 1.75 + 200 s. f. per enclosed garage)
Required parking: 18 resident spaces and 5 guest spaces
Parking provided: 18 resident spaces and 7 guest spaces
Setbacks required
Front: 10 feet
Side: 10 feet, 7 inches
Rear: 10 feet
Setbacks provided
Front: 10 feet above grade, 5 feet below grade
Side: 10 feet, 7 inches on south and northwest,
between 5 and 7.5 feet at Carnation Ave. grade
and below grade on the north and between 28
to 30 feet on Levels 5 & 6 on the north.
Rear: Over 210 feet
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AERIE (PA2005-196)
February 22, 2007, Page 8
Proposed
Lot Line Adjustment
584 sq. R. area subject to land
use & zoning amendments
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Legend
MFR - W&FwWy Residential
R-z - Two-Famly Residential
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AERIE (PA2005 -196)
February 22, 2007, Page 9
ANALYSIS
General Plan
Presently, the site has two separate land use designations assigned by the Land Use
Element of the General Plan. First, a small portion of the site, approximately 584 square
feet is designated RT (Two -Unit Residential) and the remaining portion of the site
(60,700 square feet) is designated RM (Multi -Unit Residential, 20 dwelling units per
acre), The designation of the 584 square foot portion of the site will be changed to RM
(Multiple -Unit Residential) to match the remainder of the site. Although the additional
land area would otherwise numerically allow 1 additional unit, the density limitation as
dictated by the Zoning Ordinance is more restrictive as it excludes submerged lands
and slopes in excess of 50% from the calculation. The maximum density as calculated
by the Zoning Ordinance is 9 units and is not increased with the increased project area.
The density of the proposed project is well below the maximum density permitted by the
General Plan (28 dwellings) and it is consistent with the maximum density allowed by
the existing MFR zone.
The Land Use Element contains general goals and policies for residential development
encouraging compatible and diverse development. Property maintenance is stressed
and multi - family development must be designed to convey a high - quality architectural
character.
Policy LU5.1.9 indicates that building elevations that face public streets need to be
treated to achieve the highest level of urban design and neighborhood quality.
Architectural treatment of building elevations and the modulation of mass is important to
convey the character of separate living units or clusters of living units, avoiding the
appearance of a singular building volume. Street elevations need to be provided with
high - quality materials and finishes to convey quality. Roof profiles should be modulated
to reduce the apparent scale of large structures and to provide visual interest and
variety. Parking areas should be designed to be integral with the architecture of the
development. Usable and functional private open space for each unit should be
incorporated. Common open space that creates a pleasant living environment with
opportunities for recreation should also be provided.
The project reflects building articulation, roof modulation and a diverse architectural
style consistent with Land Use policies. Although specific exterior finishes or building
materials are not identified at this time, the applicant and architect are committed to
providing the highest quality project commensurate with the expense of the project and
appropriate to their target buyer. Parking areas are integrated within the overall design
and each unit has an outdoor deck or patio that may include a fire pit and spa. Common
recreational amenities and storage areas for each unit are provided. In conclusion, staff
believes that the project is consistent with Policy LU5.1.9.
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AERIE (PA2005 -196)
February 22, 2007, Page 10
The Land Use and Natural Resources Elements of the General Plan contain general
policies regarding the protection of public views, visual resources, coastal bluffs and
other natural resources. The Coastal Land Use Plan (CLUP) contains more specific
policies regarding these topics and a discussion of the relevant CLUP policies follows. If
the project is found consistent with Coastal Land Use Policies, the project is also
consistent with the Land Use and Natural Resources Elements.
Coastal Land Use Plan
The Coastal Land Use Plan (CLUP) presently designates the 584 square foot portion of
the site RH -D High Density Residential - 50.1 to 60 dwelling units per acre and approval
of this application would change the designation to RM -A (Medium Density Residential -
6.1 to 10 dwelling units per acre) to match the remainder of the site. The additional
area, as previously indicated, numerically increases the maximum density by 1 unit from
13 to 14, but the density limitation as required by the Zoning Ordinance is more
restrictive as it excludes submerged lands and slopes in excess of 50% from the density
calculation and results in a maximum permissible density of 9 units. The proposed
project is below the maximum density of the RM -A designation and equal to the
maximum density permitted by the Zoning Code.
Land Use and Development - Chapter 2 of the CLUP regulates land use and
development. The site is designated for residential use and, as discussed above, the
CLUP designation would be changed to RM -A. The following additional policies within
Chapter 2 of the CLUP apply and several discussions of policies are grouped by issue.
Policy 2.7 -1. Continue to maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources.
The project conforms to the height limit of the MFR zone and no deviation is proposed.
The project proposes 76,333 gross square feet, well below the maximum 90,759
allowed by the existing MFR zone standard. The proposed density is below the
maximum established by the General Plan and Coastal Land Use Plan as noted above
and by Zoning regulations as discussed below.
Setback encroachments are primarily subterranean and would not impact the character
of the area. The only above ground encroachments are on the north side of the building.
The project provides between 5 and 7.5 feet of separation at the street level and
approximately 28 to 30 feet of separation on the levels above. No public view exists in
this area where the above ground encroachments are requested. The provided setback
proposed should provide an adequate separation from the building to the north and the
encroachments would not impact fragile resources as they are located on the opposite
side of the building away from the bluff and bay. Additional discussion of setbacks
follows in the discussion of the Modification Permit request.
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AERIE (PA2005 -196)
February 22, 2007, Page 11
Policy 2.7 -2. Continue the administration of provisions of State law relative to the
demolition, conversion and construction of tow and moderate - income dwelling units
within the coastal zone.
Government Code Section 65590 (Mello Act) regulates the demolition or conversion of
low and moderate income units within the Coastal Zone. All units were vacated in
December of 2001 and only a caretaker resides in the apartment. No low or moderate
income residents currently reside within the project and, therefore, Government Code
Section 65590 is not applicable.
Policy 2.8.1 -1. Review all applications for new development to determine potential
threats from coastal and other hazards.
A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006.
Given the location, topography and development proposed, potential hazards are
seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis.
Seismic issues are mitigated with the implementation of the Building Code and coastal
bluff retreat is not expected to impact the project during the 75 year economic life of the
building. Inundation by wave action or tsunami is considered very remote and the
proposed improvements are well above wave action.
Policy 2.&1 -2. Design and site new development to avoid hazardous areas and
minimize risks to life and property from coastal and other hazards.
Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid hazardous
areas and minimize risks to life and property from coastal and other hazards.
A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006.
Given the location, topography and development proposed, potential hazards are
seismic ground shaking, coastal bluff retreat due to erosional forces and tsunamis.
Seismic issues are mitigated with the implementation of the Building Code and coastal
bluff retreat is not expected to impact the project during the 75 year economic life of the
building. Inundation by wave action or tsunami is considered very remote and the
proposed improvements are well above wave action. The proposed building is located
above potential wave action and, as such, is sited to avoid the most hazardous portion
of the project site.
Policy 2.8.1 -4. Require new development to assure stability and structural integrity, and
neither create nor contribute significantly to erosion, geologic instability, or destruction
of the site or surrounding area or in any way require the construction of protective
devices that would substantially alter natural landforms along bluffs and cliffs.
Policy 2.8.3 -1. Require all coastal development permit applications for new
development on a beach or on a coastal bluff property subject to wave action to assess
the potential for flooding or damage from waves, storm surge, or seiches, through a
Z�
AERIE (PA2005 -196)
February 22, 2007, Page 12
wave uprush and impact reports prepared by a licensed civil engineer with expertise in
coastal processes. The conditions that shall be considered in a wave uprush study are:
a seasonally eroded beach combined with long -term (75 years) erosion; high tide
conditions, combined with long -term (75 year) projections for sea level rise; storm
waves from a 100 -year event or a storm that compares to the 1982183 El Nifio event.
Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and bluff
protective devices during the economic life of the structure (75 years).
Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in
areas of known or potential geologic or seismic hazards], to include a
geologialsoils/geotechnical study that identifies any geologic hazards affecting the
proposed project site, any necessary mitigation measures, and contains a statement
that the project site is suitable for the proposed development and that the development
will be safe from geologic hazard. Require such reports to be signed by a licensed
Certified Engineering Geologist or Geotechnical Engineer and subject to review and
approval by the City.
Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated June 2005
collectively indicate that the project will not be subject to nor contribute to erosion,
geologic instability, geologic hazard nor require shoreline protective devices during the
economic life of the structure (75 years).
Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the structure (75 years) as a
condition of approval of a coastal development permit for new development on a beach,
shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or other
hazards associated with development on a beach or bluff. Shoreline protection may be
permitted to protect existing structures that were legally constructed prior to the
certification of the LCP, unless a waiver of future shoreline protection was required by a
previous coastal development permit.
A waiver of future shoreline protective devices will be required as a condition of
approval.
Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street
parking spaces and close curb cuts to create new public parking wherever feasible.
The project will reduce the width of existing curb cuts creating 3 additional street
spaces.
Public Access - Chapter 3 establishes policies regarding public access. The following
policies within Chapter 3 apply and a discussion of project consistency follows the
policies, and again, several discussions of policies are grouped by issue.:
'eZ
AERIE (PA2005 -196)
February 22, 2007, Page 13
Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and
along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails.
Policy 3.1.2 -1. Protect, and where feasible, expand and enhance public access to and
along coastal bluffs.
Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to
avoid or minimize impacts to coastal bluffs.
Policy 3.1.1 -11. Require new development to minimize impacts to public access to and
along the shoreline.
Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• Includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
• Provides connections with trail systems of adjacent jurisdictions;
• Provides access to coastal view corridors,
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforrns;
• Protects environmentally sensitive habitat areas;
• Does not violate private property rights.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for lateral public access for all new shorefront development causing or contributing to
adverse public access impacts. Such dedication or easement shall extend from the
limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of
the primary extent of development (e.g. intersection of sand with toe or top of
revetment, vertical face of seawall, dripline of deck, or toe of bluff).
Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for vertical access in all new development projects causing or contributing to adverse
public access impacts, unless adequate access is available nearby. Vertical
accessways shall be a sufficient size to accommodate two -way pedestrian passage and
landscape buffer and should be sited along the border or side property line of the
project site or away from existing or proposed development to the maximum feasible
extent.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public accessibility.
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AERIE (PA2005 -196)
February 22, 2007, Page 14
Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access
from the nearest public roadway to the shoreline and along the shoreline with new
development except where (1) it is inconsistent with public safety, military security
needs, or the protection of fragile coastal resources or (2) adequate access exists
nearby.
Policy 3.1.1 -27. Implement public access policies in a manner that takes into account
the need to regulate the time, place, and manner of public access depending on the
facts and circumstances in each case including, but not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including packing and restrooms;
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property owners and
the public's constitutional rights of access.
The project site has no dedicated public access easements or physical access to the
coastal bluff or bay. The proposed project does not make any accommodations through
the site for access to the water nor is the applicant dedicating or offering to dedicate
public access. No abutting vertical or lateral public access presently exists that would
connect to any access that might be considered within the development. The steep
topography of the site makes vertical access a safety concern and access for the
disable could not be accommodated. Support facilities presently do not exist and
parking in the area is constrained. Lastly access through the site would be in close
proximity to residential uses.
The lower portion of the bluff, submerged lands and tidelands will remain in their
existing condition. Public access to the tidelands from the water will not be affected as
the development will be well above the tidelands. Access to the designated view point at
the end of Carnation Avenue will also remain unaffected and the public view from that
point and Ocean Boulevard will be enhanced with project approval (see discussion
below). The applicant plans to install a bench or other public amenity at the corner to
improve the experience. As noted above, the project will create 3 new parking spaces
along Camation Avenue with the reduction in the width of the existing driveway
approaches. These new public parking spaces will enhance access to the area. With
the reduction in residential density and the fact that no existing or proscriptive access
rights exist, the project will not impact or impede public access, but rather it will improve
it.
Public access to the bay is currently provided in the vicinity at China Cove, Lookout
Point and at a street end located in the 2300 block of Bayside Drive. These access
points are located approximately 450 feet to the east, 1,125 feet to the east and
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AERIE (PA2005 -196)
February 22, 2007, Page 15
approximately 480 feet to the northwest respectively. Based upon the forgoing, requiring
public access easements or outright dedication of land for public access is not
necessary and the project can be found consistent with the CLUP policies above and
the Coastal Act. Staff believes that the project is consistent with the CLUP given the
variety of factors considered above.
Public views and the scenic & visual quality of the Coastal Zone - Chapter 4
establishes policy regarding the protection of coastal resources. The following policies
are applicable, and as with the two previous sections, several discussions of policies
are grouped by issue.
Policy 4.1.3 -1 identifies 17 mitigation measures to reduce the potential for adverse
impacts to natural habitats. Applicable measures require the control or limitation of
encroachments into natural habitats and wetlands, regulate landscaping or revegetation
of blufftop areas to control erosion and invasive plant species and provide a transition
area between developed areas and natural habitats, require irrigation practices on
blufftops to minimize erosion of bluffs and to prohibit invasive species and require their
removal in new development. The project does not encroach within habitat areas or
wetlands and the landscaping plan indicates the bluff to be hydroseeded with a drought -
tolerant mix native to coastal California natives with temporary irrigation to be used only
to establish the vegetation.
Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils
to implement structural best management practices (BMPs) to prevent or minimize
erosion consistent with any load allocation of the TMDLs adopted for Newport Bay.
Policy 4.3.1 -6. Require grading /erosion control plans to include soil stabilization on
graded or disturbed areas.
Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance
activities such as clearing and grading, limiting cut -and rill to reduce erosion and
sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require
construction to minimize disturbance of natural vegetation, including significant trees,
native vegetation, root structures, and other physical or biological features important for
preventing erosion or sedimentation.
Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs
designed to prevent or minimize polluted runoff to beach and coastal waters.
Policy 4.3.2 -23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum
extent practicable dry weather runoff, runoff from small storms (less than 314" of rain
falling over a 24 -hour period) and the concentration of pollutants in such runoff during
construction and post - construction from the property.
AERIE (PA2005 -196)
February 22, 2007, Page 16
The project requires the issuance of a grading permit and the stabilization of soils during
construction is a standard requirement. A final WQMP and SWPPP are another
mandatory requirement with the issuance of building and grading permits. These plans
are prepared by qualified professionals and include best management practices, both
structural and non - structural, to insure that erosion and stormwater discharge will not
impact Newport Bay.
4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the
coastal zone, including public views to and along the ocean, bay, and harbor
and to coastal bluffs and other scenic coastal areas.
4.4.1 -2. Design and site new development, including landscaping, so as to minimize
impacts to public coastal views.
4.4.1 -3. Design and site new development to minimize alterations to significant natural
landforms, including bluffs, cliffs and canyons.
4.4.1 -4. Mere appropriate, require new development to provide view easements or
corridors designed to protect public coastal views or to restore public coastal views in
developed areas.
Policy 4.4.1 -6. Protect public coastal views from the following roadway
segments... Ocean Boulevard. (Figure 4 -3 of the CLUP identifies the intersection of
Carnation Avenue and Ocean Boulevard as a "view point. ")
4.4.1 -7. Design and site new development, including landscaping, on the edges of
public coastal view corridors, including those down public streets, to frame and accent
public coastal views.
4.4.2 -2. Continue to regulate the visual and physical mass of structures consistent with
the unique character and visual scale of Newport Beach,
Policy 4.4.2 -3. Implement the regulation of the building envelope to preserve public
views through the height, setback, floor area, lot coverage, and building bulk regulation
of the Zoning Code in effect as of October 13, 2005 that limit the building profile and
maximize public view opportunities. (This date is the date when the Coastal
Commission approved the Coastal Land Use Plan.)
Policy 4.4.3 -4. On bluffs subject to marine erosion, require new accessory structures
such as decks, patios and walkways that do not require structural foundations to be
sited in accordance with the predominant line of existing development in the subject
area, but not less than 10 feet from the bluff edge. Require accessory structures to be
removed or relocated landward when threatened by erosion, instability or other hazards.
1�l
AERIE (PA2005 -196)
February 22, 2007, Page 17
No new accessory structures are proposed. The policy also requires that accessory
structures be removed or relocated landward when threatened by erosion, instability or
other hazards. A condition of approval is required such that the existing accessory
structures (concrete pad, staircase and walkway be removed if threatened by erosional
processes in the future.
Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on
coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in
Corona del Mar determined to be consistent with the predominant line of existing
development or public improvements providing public access, protecting coastal
resources, or providing for public safety. Permit such improvements only when no
feasible alternative exists and when designed and constructed to minimize alteration of
the bluff face, to not contribute to further erosion of the bluff face, and to be visually
compatible with the surrounding area to the maximum extent feasible.
Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean
Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new
development to be sited in accordance with the predominant line of existing
development in order to protect public coastal views. Establish a predominant line of
development for both principle structures and accessory improvements. The setback
shall be increased where necessary to ensure safety and stability of the development.
Policy 4.4.3 -11. Require applications for new development to include slope stability
analyses and erosion rate estimates provided by a licensed Certified Engineering
Geologist or Geotechnical Engineer.
Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration
of coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an
alternative location is more protective of coastal resources.
B. Utilizing existing driveways and building pads to the maximum extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
E. Designing buildings to conform to the natural contours of the site, and
arranging driveways and patio areas to be compatible with the slopes and
building design.
F. Utilizing special foundations, such as stepped, split level, or cantilever
designs.
G. Detaching parts of the development, such as a garage from a dwelling unit.
H. Requiring any altered slopes to blend into the natural contours of the site.
-�)
AERIE (PA2005 -196)
February 22, 2007, Page 18
Public Views
A public view presently exists over the southeastern portion of the site from Ocean
Boulevard and Carnation Avenue to south and west. The Pacific Ocean, harbor
entrance, Newport Bay and the Balboa Peninsula are features in the view depending
upon the vantage point. Presently, the view measures 25 degrees between the existing
apartment building and the neighbor's garage and fence to the south when standing at
the designated view point closest to the project site. With the project, the view will
increase to 32 degrees due to the proposed building being located approximately 8 feet
further to the west than the existing building.
Levels 5 and 6 are taller than the existing building and are in the same position as two
upper levels of the existing split -level apartment building. No view presently exists
above the existing building other than sky views as shown in the following photographs
taken from Carnation Avenue looking south and Ocean Boulevard looking west. The
project architect has prepared a visual exhibit that shows that the view to the west will
not be impacted (see Sheet A -20).
The project is consistent with the 28 -foot building height limits as demonstrated on
Sheet A -16 and verified by staff and with other building envelope restrictions with the
exception of setback encroachments noted above and discussed below. The above -
grade encroachment of the building to the north is single -story and does not impact a
public view as one presently does not exist in that location. No other public view exists
from the street through the site due to the position of the current buildings. Therefore,
the proposed project will not have an impact upon existing public views through the site
to the south and west. Pursuant to Policy 4.4.1 -4, staff proposes a condition of approval
requiring the recordation of a public view easement to protect the public view over the
site from Ocean Boulevard and Carnation Avenue. The easement can specifically
identify the 3 dimensional space where structures and landscaping will be prohibited to
ensure view preservation.
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AERIE (PA2005 -196)
February 22, 2007, Page 21
View west with project
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AERIE (PA2005 -196)
February 22, 2007, Page 22
Scenic and visual quality — Predominant line of existing development
The visual quality of the area encompasses the natural and built environment. The
visual quality of the street is dominated by the built environment and the aesthetic of the
existing buildings. The existing buildings are dated and are not aesthetically pleasing
especially given the open carports. The new elevations with high quality materials and
unique design will improve the streetscape aesthetic. The visual quality of the site as
seen from the public vantage points from the west and northwest include both built and
natural character. What is visible includes a rocky intertidal area, coastal bluff, exposed
rocks, vegetation and the western elevations of the existing buildings. Sheet A -18 and
Sheet A -19 of the project plans have photographs of what the site looks like today and
what it will look like with implementation of the project. The vantage points are from the
northwest from a public beach located on Bayside Drive and the west from a public
beach and public dock located on Balboa Peninsula.
The predominant line of existing development is one tool in determining if a project
protects or possibly enhances the scenic and visual quality of the area. The Planning
Commission is responsible for determining the location of the predominant line of
existing development more fully described below. Alternative methodologies for
locating the predominant line of existing development are included in the discussion that
follows and include that used by the project architect. If the Planning Commission
determines that the project architect's methodology is most appropriate for the subject
site, the Commission should conclude that the project is consistent with the Local
Coastal Program policies set forth in this section and may approve the project as
proposed. Alternatively, a different methodology may be deemed appropriate and the
Planning Commission may require modification of the proposed project to so as to be
located on the landward side of the predominant line of existing development so
determined. Staff recommends that the Planning Commission use the photographic
simulations on Sheets A -18 and Sheet A -19 of the project plans representing the
proposed project when viewed from a vantage point to the west of the site to determine
the appropriate location of the predominant line of development.
Polices 4.4.3 -8 and Policies 4.4.3 -9 establish the concept of the predominant line of
existing development. The concept of predominant line of existing development is
central to the Planning Commission's determination as to the project's consistency with
policies of the CLUP. The CLUP defines the predominant line of existing development
as °the most common or representative distance from a specified group of structures to
a specified point or line (i.e. topographic line or geographic feature). For example, the
predominant line of development for a block of homes on a coastal bluff (a specified
group of structures) could be determined by calculating the median distance (a
representative distance) these structures are from the bluff edge (a specified line)." The
"median" was used in the definition rather than the "average" as it takes out extreme
values while using the "average" can skew the predominant line of existing development
when distances vary significantly.
3Z
AERIE (PA2005 -196)
February 22, 2007, Page 23
The concept of the "predominant line of development' was originally intended to set
limits on the extent of development on top of coastal bluffs. However, the definition was
intentionally broad so that this concept could be used in other situations, such as along
canyons or the shoreline. The example included in the CLUP suggests one of several
possible ways to locate the predominant line of development for any given site and a
more narrowly - defined methodology for locating the predominant line of development
will likely be included in the Implementation Plan for the CLUP when finalized and
submitted for Coastal Commission certification. The definition itself was crafted to allow
flexibility in locating the predominant line of development for a variety of site
configurations, topography, and patterns of existing development. Location of the
predominant line of development may evolve based on determinations of the Planning
Commission, including that for the subject development proposal which may set a
precedent for future determinations. This effort requires thoughtful, case -by -case
evaluation especially in instances such as the present proposal wherein the site's
topography does not lend itself to traditional techniques such as the "stringline" method
often employed by the Coastal Commission.
Policy 4.4.1 -3 is a general policy requiring new development to minimize alterations to
significant natural landforms, including bluffs, cliffs. This policy is should be viewed in
the context of Policies 4.4.3 -8 and 4.4.3 -9 that provide more specific direction allowing
new development to be sited in accordance with the predominant line of existing
development. Public improvements and not private development are subject to the
policy directions to minimize alteration of the bluff face, to not contribute to further
erosion of the bluff face, and to be visually compatible with the surrounding area to the
maximum extent feasible in accordance with Policy 4.4.3.8. A setback from the
predominant line of existing development must be increased where necessary to ensure
safety and stability. An increased setback is not necessary based on the geologic report
and coastal hazards report.
The traditional stringline method was employed by the project architect to illustrate one
way to identify the predominant line of development. A stringline was drawn by the
project architect in plan view (looking down from above) from the existing residential
structure at 2495 Ocean Boulevard to the existing structure located at 101 Bayside
Place. Staff is of the opinion that this approach does not conform to the definition
provided in the CLUP as 101 Bayside Place is actually located bayward of the landform
on previously filled land. The landform is situated above the lots on Bayside Place and
the predominant line of existing development would be more appropriately located
utilizing the lots on Carnation Avenue and Ocean Boulevard. If the Carnation and
Ocean lots are utilized, the stringline method of extending a straight line in two
dimensions in the horizontal plan between a point on each of two abutting structures
may not be appropriate to the curving land form of the properties' landforms. Moreover,
this method does not recognize the extension of the proposed development, in a vertical
plane, down the face of the bluff and the consequent impact to the visual quality of this
natural landform.
AERIE (PA2005 -196)
February 22, 2007, Page 24
Stringlines
- Stringline of principal structures between
101 Bayside PI. & 2495 Ocean Blvd.
Stringline of principal structures between 215 & 2495 Ocean Blvd.
Given that the CLUP definition provides an example that uses the median distance to a
specified point or line, the project architect included a scenario based upon the
calculation of the median distance of structures from three representative lines: the
street curb, the approximate bluff edge and from mean low tide line (see the project
overview prepared by the architect). The median was incorporated into the CLUP
definition as averages can create undesirable results when distances between the
structures and each of the three representative lines vary significantly. The calculations
the architect represents as medians, however, are actually averages of distances
measured on several abutting properties without including the project site in the
calculation. Including the project site reduces the averages, but the building remains
within the average distances calculated.
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AERIE (PA2005 -196)
February 22, 2007, Page 25
In calculating distances from the curb and approximate bluff edge, two properties
bayward of the bluff landform are employed; Staff believes that their inclusion in the
calculation is not appropriate. The predominant line of existing development establishes
a setback on the bluff to balance property rights and protection of the visual quality of
the coastal zone. Using structures that are bayward of the landform could lead to the
establishment of a predominant line of existing development beyond existing
development on the bluff itself. Additionally, average distances and maximum distances
are used, which may distort the results in a manner not intended by the CLUP definition.
Using the approximate bluff edge is difficult as there is no way to determine where the
bluff edge was with certainty due to past development altering or otherwise obscuring
the bluff edge. Lastly, the calculation of the distance from the mean low water line
includes several lots on Bayside Place that are bayward of the landform and staff does
not believe this is an this an effective method in this case as it does not account for the
predominant line of existing development established by the structures on Carnation
Avenue.
Staff developed a method for determining the predominant line of existing development
in conjunction with preparation of the implementation plan for the CLUP. The
methodology uses the median distances in the vertical and horizontal planes of a
representative block of structures uses the median distance in the vertical and
horizontal plane of a representative block of structures. The median distance would be
calculated for accessory structures and principal structures at the midpoint of each lot
measuring perpendicular to the front property line. Only those abutting and nearby
buildings on the bluff face itself within the same block would be used. In this case, staff
would include the lots on Carnation Avenue and Ocean Boulevard and exclude lots
bayward of the landform. This technique was reviewed by the Local Coastal Program
Committee who guided the preparation of the CLUP. The Committee provided feedback
but took no action on the draft regulation and guidelines that staff had prepared.
Although staff has not prepared an analysis using the draft regulations and guidelines,
this discussion is included to demonstrate that a variety of methods may be employed in
identifying and locating the predominant line of development. Because the ultimate
purpose for identifying and locating the predominant line of existing development is the
protection and enhancement, where feasible, of public views and the scenic and visual
qualities of the coastal zone, the range of possible outcomes would result in significantly
different impacts to the visual character of the face of the bluff. As discussed previously
in this report, the visual character of the face of the bluff on the project site is most
evident when viewed from vantage points west of the site. These include locations on
Balboa Peninsula and on the water way leading into Newport Bay.
The predominant line of existing development can best be seen on Sheet A -18 and
Sheet A -19 of the project plans since this is what the public will see. The buildings on
Carnation Avenue to the north (left of the proposed project in the visual simulation) and
the project site establish a line of existing development. The abutting residence at 2495
35
AERIE (PA2005 -196)
February 22, 2007, Page 26
Ocean Boulevard (white house to the right of the proposed project) also establishes a
line of development on the bluff face.
The abutting lot to the north of the project, 215 Carnation Avenue, is comes down the
bluff face to approximately 57 feet above mean sea level. The downward extent of the
other buildings to the north of the site on Carnation Avenue vary and are lower. The
existing single - family residence is higher at approximately 70 feet and the downward
extent of the existing apartment building also varies with its lowest extent being
approximately 52 feet. Fifty -two feet appears to be consistent with the variations in
downward extent of development. The elevation of the closest foundation of the
principal structure to the south, 2495 Ocean Boulevard, is 34 feet and the structure
extends even lower on the bluff face. Extending this elevation to the north across the
project site would suggest a lower predominant line of existing development for the
southern portion of the project site. Creating a transition between these two elevations
is the remaining challenge.
For discussion purposes, staff believes that the predominant line of existing
development as described by elevations should be approximately 52 feet above mean
sea level parallel to Carnation Avenue. This line would extend across the site to where
the bluff turns east to roughly follow Ocean Boulevard. The line would then step down to
elevation 34 feet to match the elevation of the closest the foundation of the principal
structure at 2495 Ocean Boulevard. Staff has prepared two exhibits to show what this
line would look like based upon the photographs on Sheets A -18 and A -19 of the project
plans (Exhibit 5 separate from the report).
One must also account for the predominant line of existing development in the plan view
looking down from directly above. Staff suggest that this line be identified based upon
the 52 -foot contour and the 34 -foot contour. Staff has prepared an exhibit showing this
approximate line in plan view (Exhibit 5 separate from the report).
In conclusion, the Commission must determine whether or not the project is within the
predominant line of existing development and if the project protects, and if feasible,
enhances the scenic and visual qualities of the coastal zone. If one concludes that the
methods used by the architect are reasonable methods for determining the predominant
line of existing development, one can conclude that the project is consistent with the
CLOP. Staff suggests to simply use the visual simulations to identify the line or lines that
protect or enhance the visual quality of the coastal zone. Once that line is established,
the project can be modified to conform.
Title 20 — Zoning Compliance
The zoning designation of the 584 square foot portion of the site is R -2 (Two - Family
Residential) and the remainder of the site is MFR (Multifamily Residential, 2178 square
feet per unit). As noted, the zoning of the 584 square foot portion of the site would be
changed to match the larger portion of the site. The donor parcel will be reduced from
34.
AERIE (PA2005 -196)
February 22, 2007, Page 27
15335.1 square feet to 14751.1 square feet, which well exceeds the 5,000 square foot
minimum parcel size of Section 20.10.030 of the Municipal Code. The new lot line will
not render any of the existing structures located at 101 Bayside Place nonconforming as
to setbacks and Bayside Place itself, a private roadway, will remain within the donor
parcel. The additional area in this case does not increase the maximum density as the
area is mostly excluded from the calculation as the slope of the area exceeds 50 %. The
maximum density calculation permitted before and after the minor adjustment is 9 units
and the project conforms.
The project architect has designed the structure to conform to the 28 -foot building
height limit as measured in accordance with Municipal Code. Sheet A -16 of the plans
includes a table that demonstrates conformance and staff has confirmed the grade and
height measurements.
The 9 -unit building requires 2 parking spaces for each unit (total of 18) with at least one
space per unit being covered. Additionally, 0.5 space is required for guest parking.
Therefore, the project requires 18 spaces for residents and 5 spaces for guests. The
project exceeds this standard by providing 3 spaces for 7 units and 2 spaces for the 2
remaining units (25 spaces). Seven 7 guest parking spaces and 2 golf cart spaces are
provided for a total of 34 covered, vehicle spaces. Parking is located on Levels 1, 2, 3
and 4. Level 4 parking accommodates parking for units 2 & 6 and 3 guest parking
spaces and is directly accessed from Carnation Avenue. Parking on Levels 1, 2, & 3 are
below Level 4 and below the street level. These levels are accessed separately than the
access to Level 4 directly from Carnation Avenue by two freight elevators. The traffic
engineer has reviewed the layout and finds that it will meet minimum standards. The
minimum clearance for the spaces under the lifted vehicle must be 7 feet pursuant to
Section 20.66.040.3. The overall vertical clearance planned for spaces with lifts will vary
between 10 feet and 13 feet depending on the level and location. The golf cart spaces
and the 'lifted" spaces do not technically comply with standards, but they are extra
spaces and are not held to the same standard.
The irregular shaped of the site necessitated a project specific determination of
minimum setbacks as it was not readily discernable what the depth of the side yard
setback would be, where it would be located and where the rear yard would be. The
minimum required front setback along Carnation Avenue is 10 feet and is established by
the Districting Map. By definition, the rear yard should be opposite the front, but the lot
line directly opposite the front faces Bayside Place and could be treated as a side yard.
The minimum rear yard setback is 10 feet pursuant to the Section 20.10.030 of the
Municipal Code. The rear setback was determined by staff to be measured from the
curved bayward lot line only. The minimum side yard is 8% of the lot width. The lot width
was determined to be 132.25 feet based upon a site specific method as the use of the
definition contained within the Zoning Code could not be used given the irregular shape
of the lot. Staff averaged the width of the lot as measured in three places selected by
Parking calculations are rounded up pursuant to Section 20.66.030.E.1 of the Municipal Code
3)
AERIE (PA2005 -196)
February 22, 2007, Page 28
staff. Eight percent of 132.25 feet is 10' -7 ". The side yard were determined to extend to
the southwest to the bay between the project and 2495 Ocean Boulevard and along the
north and western property lines between the site at 215 Carnation Avenue and the lots
on Bayside Place. The following map depicts the lot determination made by staff with
the approval of the Planning Director.
Setbacks
703 Side yard,
a� depth 10' -7 "i, /
?00 A4
Side yard, `•b.
death 10. -7 „Yi i
tot 'Tra./
Projectsite
r -... ^�.
..............
Setback tine � • /
.•Z:•' f M1� '�
Front yard,
depth 10 feet
Rear yard, �4F
p
depth 10 feet �a'•' <
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Side yard, = 6
depth 10' -7” Ui�JOR
The project adheres to these setbacks with the following exceptions that are shown on
the project drawings:
a) A 5 -foot by 43 -foot subterranean encroachment within the front yard setback for
basement areas. Additionally, the applicant proposes to construct a 55 -foot long
retaining wall at the property line south of the this encroachment that will extend into
the side yard between the project and the abutting property to the south (2495
Ocean Boulevard), The wall will be approximately a maximum of 40 feet high and
will allow light and air to reach the living areas on Levels 1 -3 on the south side of the
building (street side). Both of these features require the approval of the proposed
Modification Permit.
3�
AERIE (PA2005 -196)
February 22, 2007, Page 29
b) The proposed structure will encroach 3' -1" to 5' -7" into the 10' -7" side yard setback
between the project and abutting property to the north (215 Carnation Avenue). This
encroachment occurs on the basement level and on Levels 1-4. The encroachment
on Level 4 will be the only portion above grade. Additionally, a retaining wall and
staircase at the north property on Level 3 requires consideration of the Modification
Permit.
It must be noted that the distances to the property lines in all cases are measured from
the exterior surface of both above and below grade walls. This means that the final
plans for the foundation system must comply with the dimensions shown on the plans
and will not be permitted as additional encroachments within the minimum required
setbacks without a Modification Permit.
The Planning Commission may approve the request for a Modification Permit to allow
the encroachments subject to the following findings contained within Section 20.93.030
of the Municipal Code:
1. The granting of the application is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
The site is irregular in shape, has steep topography and has submerged lands which
make it difficult to design a project at the density proposed while providing required
parking. Approximately 65% of the site is submerged or has slopes in excess of 50 %.
The need to provide on -site parking also occupies a significant portion of the building
reducing available area for residential units, The side yard setback is also larger than
the front yard setback and the application of this standard is also a practical difficulty
given the relatively small area to work with as compared to the entire site.
The requested modification will be compatible with the existing development in the
neighborhood.
The requested encroachments within the front yard will be entirely subterranean and will
not be visible. The encroachments within the side yard on levels below the street will
also not be visible. The side yard setback encroachment on Level 4 (above the street)
provides a 7' -6" setback for approximately 57.5% of the length of the building and 5' for
approximately 42.5% of the length of the building. The larger setback is closer to the
street. On Levels 5 and 6 above the encroachment on Level 4, the project provides a 28
to 30 -foot setback in excess of the minimum 10' -7" setback. This increased setback
provides an enhanced separation of building mass between the project and the single -
family home to the north. This increased setback provides private views over the
building from upper levels of residences across Carnation Avenue and enhanced
building articulation as suggested by General Plan policy.
3. The granting of such an application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
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AERIE (PA2005 -196)
February 22, 2007, Page 30
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
Given the fact that the setback encroachments are predominantly subterranean and the
above - ground encroachments are off -set with increased setbacks above them and they
do not block a protected public view, the requested encroachments should not prove
detrimental or injurious to the community.
Title 19 — Subdivision Code — Tract Map
Pursuant to Section 19.12.070 of the City Subdivision Code, the following findings must be
made to approve the tentative tract map. If the Planning Commission determines that one
or more of the findings listed cannot be made, the tentative map must be denied.
1. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
As noted above, the project is consistent with the current land use designation including
the proposed amendment. Additionally, as noted previously, the project is consistent
with Land Use Element Policy LU5.1.9 regarding the character and quality of multi-
family residential development. A finding that the project is consistent Land Use and
Natural Resources Element policies related to the protection of public views, visual
resources, coastal bluffs and other natural resources is contingent upon a finding that
the project is consistent with the Coastal Land Use Plan. This determination has yet to
be made and when it is made, this finding of consistency with resource protection
policies of the General Plan can also be supported. The site is not subject to a specific
plan. Minimum lot sizes established by the Zoning Ordinance are also maintained as
required by the Subdivision Code. The Public Works Department has reviewed the
proposed tentative map and believes that it is consistent with the Newport Beach
Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act.
Conditions of approval have been included to ensure compliance with Title 19.
2. That the site is physically suitable for the type and density of development.
The usable area of the site is relatively small compared to the entire 1.4 acre site. The
site is not likely to be subject to coastal erosional processes or hazards during the 75
year economic life of the project. Additionally, no earthquake faults were found on -site
and there is not likely to be and incidence of landslide, lateral spreading, subsidence,
liquefaction, or collapse on -site or near the site given on -site soils conditions. These
factors would suggest that the site is suitable for development. However, the density
coupled with the size of the units and the need to provide on -site parking call into
question whether or not the site is suitable given the amount of alteration of the site
proposed. Smaller unit sizes, a reduction in amenities such as the basement level or
common amenities or even a reduction in density, with its parking needs, would reduce
the amount of excavation necessary to implement the project. Additionally, the project
�b
AERIE (PA2005 -196)
February 22, 2007, Page 31
must be found consistent with CLUP policy regarding the predominant line of existing
development to protect, and if feasible enhance the visual quality of the coastal zone. If
it is determined that the project is beyond the predominant line of existing development
or that the project does not protect or enhance, if feasible, the scenic and visual
qualities of the coastal zone, the site is not suitable for the proposal.
3. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish
or wildlife or their habitat. However, notwithstanding the foregoing, the decision -
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to
Section 21081 of the California Environmental Quality Act that specific economic,
social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the environmental impact report.
A Mitigated Negative Declaration has been prepared and it concludes that no significant
environmental impacts will result with proposed development of the site in accordance
with the proposed plans and tentative tract map; therefore, staff believes this finding can
be made.
4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The tract map would subdivide airspace for residential condominium purposes and is
not expected to cause serious public health problems given the use of typical
construction materials and practices. No evidence is known to exist that would indicate
that the proposed subdivision will generate any serious public health problems. All
mitigation measures as outlined in the Mitigated Negative Declaration and the Building,
Grading and Fire codes will be implemented to ensure the protection of public health.
5. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision- making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones
previously acquired by the public. This finding shall apply only to easements of
record or to easements established by judgment of a court of competent jurisdiction
and no authority is hereby granted to the City Council to determine that the public at
large has acquired easements for access through or use of property within a
subdivision.
A utility and sewer easement affects the site and is located roughly in the middle of the
site running perpendicular to Carnation Avenue. No utility or sewer lines run through
the easement and the easement should be abandoned. A storm drain easement and
storm drain are located in the side yard between the proposed building and the abutting
property to the south (2495 Ocean Boulevard). The proposed improvements will not
1//
AERIE (PA2005 -196)
February 22, 2007, Page 32
affect the easement or storm drain. The Public Works Department is requiring the
replacement of the storm drain given that the proposed retaining wall will be located
very near the storm drain itself and the age of the line. No other public easements for
access through or use of the property have been retained for the use by the public at
large. Public utility easements for utility connections that serve the project site are
present and will be modified, if necessary, to serve the proposed project.
6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map
Act, if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land.
The site is not subject to a Williamson Act contract; therefore, this finding does not
apply.
7. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to
be included within the land project; and (b) the decision - making body finds that the
proposed land project is consistent with the specific plan for the area.
The subject property is not located within the boundaries of a specific plan; therefore,
this finding does not apply.
8. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act.
Title 24 of the Uniform Building Code requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Building Department enforces Title 24 compliance through the plan
check and field inspection processes. The site has a western exposure and
incorporates curved roof elements that will provide shading and a measure of passive
solar cooling.
9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act
and Section 65584 of the California Government Code regarding the City's share of
the regional housing need and that it balances the housing needs of the region
against the public service needs of the City's residents and available fiscal and
environmental resources.
The proposed subdivision will have the effect of reducing the density from 15 units to 9
units. A reduction of this small scale given the City's current housing supply is
considered insignificant. This reduction does not assist the City in reaching its
AERIE (PA2005 -196)
February 22, 2007, Page 33
production goals as it is not increasing housing supply; however, the reduction in
density is consistent with existing density limitations of the Municipal Code.
10. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the
Regional Water Quality Control Board.
Waste discharge into the existing sewer system will be consistent with existing
residential use of the property, which does not violate Regional Water Quality Control
Board (RWQCB) requirements.
11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
As discussed above, the project conforms to the Newport Beach Coastal Land Use Plan
multi - family designation of the site taking into account the proposed amendment and it
complies with density standards. The project site is constrained by topography and
public access exists nearby making on -site vertical and lateral access unnecessary.
Public access is not impacted by the project and due to the position of the proposed
building, public views from Ocean Boulevard and Carnation Avenue will be improved. A
determination as to whether or not the project is consistent with visual resource
protection policies (predominant line of existing development and protection and
enhancement, if feasible, of the scenic and visual qualities of the coastal zone) needs to
be made. Depending upon the determination, this finding may or may not be possible.
Environmental Review
A draft mitigated negative declaration was prepared by the City for this project in
accordance with the California Environmental Quality Act. A notice of intent to adopt the
MND was posted and mailed to property owners within 300 feet of the project site on
February 13, 2007 indicating that a 30 -day comment period on the MND will conclude
on March 15, 2007.
The analysis indicates that mitigation measures related to air quality, biological
resources, cultural resources and land use /planning are necessary to reduce or avoid
potentially significant impacts to less than significant levels. The analysis shows that the
potential impact of the project will be either less than significant or no impact related to
all other issue areas.
PUBLIC NOTICE
Public notice of the draft mitigated negative declaration and this public hearing was
provided in accordance with applicable law.
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AERIE (PA2005 -196)
February 22, 2007, Page 34
ISSUES TO BE RESOLVED
The Commission must determine if the proposal is consistent with the Coastal Land Use
Plan as it relates to the predominant line of existing development and whether or not the
project protects and enhances, if feasible, the scenic and visual qualities of the coastal
zone. If the proposal is deemed consistent with the CLUP, the Commission can
recommend approval of the project. If the proposal does not meet these policies, the
project must be modified to a point that it can be found consistent with CLUP policy or it
should be denied.
Prepared by:
CyY�h PIK %vsa CenPA�
James4gPebw�°wS W:PYm4p
Campbell mY,•N %.
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James Campbell, Senior Planner
EXHIBITS
Submitted by:
1. Mitigated Negative Declaration (separate bound document)
2. AERIE project overview prepared by Brian Jeannette (separate bound document)
3. Project Plans (separate roll of plans)
4. Correspondence
5. Predominant line of existing development exhibits prepared by staff
L141
Exhibit #2
Draft resolution recommending project approval
(predominant line of existing development at 50.7 feet MSL)
ys
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT
MITIGATED NEGATIVE DECLARATION (SCH NO. 2007021054) AND
APPROVE GENERAL PLAN AMENDMENT NO. 2005 -006, COASTAL
LAND USE PLAN AMENDMENT NO. 2005 -002, CODE AMENDMENT NO.
2005 -009, TENTATIVE TRACT MAP NO. 2005 -004 (TRACT 16882),
MODIFICATION PERMIT NO. 2005 -087 AND COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO. 2005 -002 FOR PROPERTY LOCATED AT
201-205,207 CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005 -196).
WHEREAS, applications were filed by Advanced Real Estate Services, Inc. with
respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place to
construct a 9 -unit residential condominium development on a 1.4 acre site. The applications
filed are:
1. General Plan Amendment No. 2005 -006 to change the land use designation of a 584
square -foot portion of a parcel identified as 101 Bayside Place from RT (Two -Unit
Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre).
Coastal Land Use Plan Amendment No. 2005 -002 to change the Coastal Land Use
Plan designation of the same 584 square foot portion of a parcel identified as 101
Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per
acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre).
3. Zone Change No. 2005 -009 to change the zoning designation of the 584 square -foot
portion of a parcel identified as 101 Bayside Place from R -2 (Two - Family Residential)
to MFR (Multifamily Residential, 2178 square feet per unit).
4. Tract Map No. 2005 -004 (TT16882) combines the 584 square -foot portion of a parcel
identified as 101 Bayside Place with parcels identified as 201 -205 Carnation Avenue
and 207 Carnation Avenue, and subdivides the air space for 9 residential condominium
units.
Modification Permit No. 2005 -087 permits a 5 -foot subterranean encroachment into the
required 10 -foot front setback along Carnation Avenue, an above -grade and
subterranean encroachment of 3' -1" into a required 10' -7" side yard setback between
the project and 215 Carnation, and a 5' -7" above -grade and subterranean
encroachment into a required 10' -7" side yard setback between the project and 215
Carnation.
6. Coastal Residential Development Permit No. 2005 -002 to review the potential loss of
affordable housing within the Coastal Zone pursuant to Chapter 20.86 of the Municipal
Code.
WHEREAS, on February 22, 2007 and April 5, 2007, the Planning Commission held
a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard,
V?
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 32
Newport Beach, California, at which time the applications, project and a draft Mitigated
Negative Declaration was considered. Notice of time, place and purpose of the public
hearing was given in accordance with law and testimony was presented to and considered
by the Planning Commission at the hearing.
WHEREAS, the project site has two separate land use designations assigned by
the Land Use Element of the General Plan (584 square -feet is designated RT (Two -Unit
Residential) and the remaining portion of the site, 60,700 square -feet, is designated RM
(Multi -Unit Residential, 20 dwelling units per acre). The proposed amendment changing
the land use designation of the 584 square -foot portion of the site to match the remainder
of the site will numerically allow 1 additional unit; however, the density limitation as
dictated by the Zoning Ordinance is more restrictive as it excludes submerged lands and
slopes in excess of 50% from the calculation. The density of the proposed project is well
below the resulting maximum density permitted by the General Plan (28 dwellings) and it is
consistent with the maximum density allowed by the existing MFR zone (9 units). The
residential condominium project is consistent with the proposed Multi - Family Residential
land use designation and is consistent with the residential developments within the area.
WHEREAS, Charter Section 423 requires that all proposed General Plan
Amendments be reviewed to determine if the square footage (for non - residential projects),
peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to
determine whether a vote by the electorate would be required to approve the General Plan
Amendment. Pursuant to Council Policy A -18, voter approval is not required as the
proposed General Plan Amendment represents an increase of 1 dwelling unit and an
increase of 1 A.M. and 1 P.M. peak hour trip. Additionally, no prior amendments have been
approved within Statistical Area F3 and, therefore, the project and prior amendments do
not cumulatively exceed Charter Section 423 thresholds as to require a vote of the
electorate.
WHEREAS, the proposed project subject to conditions of approval is consistent with
General Plan Policy LU5.1.9 inasmuch as building elevations that face public streets need
to be treated to achieve the highest level of urban design and neighborhood quality.
Architectural treatment of building elevations and the modulation of mass are important to
convey the character of separate living units or clusters of living units, avoiding the
appearance of a singular building volume. Street elevations need to be provided with high -
quality materials and finishes to convey quality. Roof profiles should be modulated to
reduce the apparent scale of large structures and to provide visual interest and variety.
Parking areas should be designed to be integral with the architecture of the development.
Usable and functional private open space for each unit should be incorporated. Common
open space that creates a pleasant living environment with opportunities for recreation
should also be provided. The project design incorporates building articulation, roof
modulation and a diverse architectural style. Although specific exterior finishes or building
materials are not identified at this time, the applicant and architect are committed to
providing the highest quality project commensurate with the expense of the project and
appropriate to their target buyer. Parking areas are integrated within the overall design and
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City of Newport Beach
Planning Commission Resolution No.
Page 3 of 32
each unit has an outdoor deck or patio that may include a fire pit and spa. Common
recreational amenities and storage areas for each unit are provided.
WHEREAS, the proposed project subject to conditions of approval is consistent with
General Plan Policy LU 5.1.8 that requires adequate enclosed parking considering the
number of bedrooms. Seven of the units have three bedrooms and 2 of the units have four
bedrooms; however, all of the units have other rooms that could be used as bedrooms and
the unit sizes range from 4,000 to 6,300 square feet. The project provides 3 spaces for
each of 7 units and 2 spaces for each of the 2 remaining units (25 spaces). Seven (7)
guest parking spaces and 2 golf cart spaces are provided for a total of 34 covered, vehicle
spaces. Provided parking is in excess of the minimum required pursuant to the Zoning
Code (2.5 parking spaces per unit for total of 23 spaces).
WHEREAS, the proposed project is consistent with General Plan Policy CE7.1.8
and Policy CE7.1.1 as well as Coastal Land Use Policy 2.9.3 -1 that requires new
development to avoid the use of parking configurations or parking management programs
that are difficult to maintain and enforce and that require new development to provide
adequate, convenient parking for residents, guests, business patrons and visitors for the
following reasons:
The below grade parking configuration accessed by elevators is sufficiently convenient in
that two vehicle elevators are proposed, which will reduce vehicle wait times to avoid
significant conflicts. Emergency power generators are required so that vehicle access is
maintained if electrical power is lost. The vehicle maneuvering areas within the parking
areas meet applicable standards required by the City Traffic Engineer.
WHEREAS, the Land Use and Natural Resources Elements of the General Plan
contain general policies regarding the protection of public views, visual resources, coastal
bluffs and other natural resources and the Coastal Land Use Plan (CLOP) reflects these
same policies and includes additional policies that expand upon the topics addressed in
the Land Use and Natural Resources Elements of the General Plan and are applicable
only within the Coastal Zone such that a finding of consistency with the CLUP is an implicit
finding of consistency with the Land Use Element of the General Plan. Accordingly, based
upon facts in support of findings that the project's consistency with the relevant CLUP
policies as indicated below, the project is determined to be consistent with all resource
protection policies within the Land Use and Natural Resources Elements.
WHEREAS, the Coastal Land Use Plan (CLUP) designates the majority of the site
RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) and a 584 square -
foot portion of the site is designated RH -D High Density Residential - 50.1 to 60 dwelling
units per acre. The proposed amendment of the land use designation for the 584 square -
foot portion of the site will result in a land use designation the same as the larger portion of
the site and will numerically increase the maximum permissible project density by 1 unit,
from 13 to 14, but the maximum permissible density pursuant to the RM -A Zoning for the
site.
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City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 32
WHEREAS, the proposed project is consistent with applicable policies within Chapter 2
(Land Use and Development) of the Coastal Land Use Plan based upon the following:
Policy 2.7 -1. Continue to maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources.
The project conforms to the height limit of the MFR zone and no deviation is proposed.
The project proposes 76,333 gross square feet, well below the maximum 90,759
allowed by the existing MFR zone standard. The proposed 9 -unit project is below the
maximum permissible density established by the RM -A (Medium Density Residential -
6.1 to 10 dwelling units per acre). Setback encroachments are primarily subterranean
and would not impact the character of the area. The only above - ground encroachments
are on the north side of the building. The project provides between 5 and 7.5 feet of
separation at the street level and approximately 28 to 30 feet of separation on the
levels above. No public view exists in this area where the above - ground
encroachments are requested. The setback proposed will provide adequate separation
from the building to the north and the encroachments will not impact fragile resources
as they are located on the opposite side of the building away from the bluff and bay.
2. Policy 2.7 -2. Continue the administration of provisions of State law relative to the
demolition, conversion and construction of low and moderate - income dwelling units
within the coastal zone.
Government Code Section 65590 (Mello Act) regulates the demolition or conversion of
low and moderate income units within the Coastal Zone. All units were vacated in
December of 2001 and only a caretaker resides in the apartment. No low or moderate
income residents currently reside within the project and, therefore, Government Code
Section 65590 is not applicable.
3. Policy 2.8.1 -1. Review all applications for new development to determine potential
threats from coastal and other hazards.
Policy 2.8.1 -2. Design and site new development to avoid hazardous areas and
minimize risks to life and property from coastal and other hazards.
Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid hazardous
areas and minimize risks to life and property from coastal and other hazards.
A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006.
Given the location, topography and development proposed, potential hazards are seismic
ground shaking, coastal bluff retreat due to erosional forces and tsunamis. Seismic issues
are mitigated with the implementation of the Building Code and coastal bluff retreat is not
expected to impact the project during the 75 year economic life of the building. Inundation
by wave action or tsunami is considered very remote and the proposed improvements are
well above wave action.
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City of Newport Beach
Planning Commission Resolution No.
Page 5 of 32
4. Policy 2.8.1 -4. Require new development to assure stability and structural integrity,
and neither create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the construction of
protective devices that would substantially alter natural landforms along bluffs and
cliffs.
Policy 2.8.3 -1. Require all coastal development permit applications for new
development on a beach or on a coastal bluff property subject to wave action to assess
the potential for flooding or damage from waves, storm surge, or seiches, through a
wave uprush and impact reports prepared by a licensed civil engineer with expertise in
coastal processes. The conditions that shall be considered in a wave uprush study are:
a seasonally eroded beach combined with long -term (75 years) erosion; high tide
conditions, combined with long -term (75 year) projections for sea level rise, storm
waves from a 100 -year event or a storm that compares to the 1982183 E! Nino event.
Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and
bluff protective devices during the economic life of the structure (75 years).
Policy 2.8.74. Require applications for new development, where applicable [i.e., in
areas of known or potential geologic or seismic hazards], to include a
geologialsoWgeotechnical study that identifies any geologic hazards affecting the
proposed project site, any necessary mitigation measures, and contains a statement
that the project site is suitable for the proposed development and that the development
will be safe from geologic hazard. Require such reports to be signed by a licensed
Certified Engineering Geologist or Geotechnical Engineer and subject to review and
approval by the City.
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005
collectively indicate that the project will not be subject to nor contribute to erosion, geologic
instability, geologic hazard nor require shoreline protective devices during the economic
life of the structure (75 years).
5. Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the structure (75 years) as a
condition of approval of a coastal development permit for new development on a
beach, shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or
other hazards associated with development on a beach or bluff. Shoreline protection
may be permitted to protect existing structures that were legally constructed prior to the
certification of the LCP, unless a waiver of future shoreline protection was required by a
previous coastal development permit.
A waiver of future shoreline protective devices is included as a condition of approval.
City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 32
6. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street
parking spaces and close curb cuts to create new public parking wherever feasible.
The project will reduce the width of existing curb cuts creating 3 additional street spaces.
WHEREAS, the proposed project is consistent with Chapter 3 (Public Access) of
the Coastal Land Use Plan based upon the following:
Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and
along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails.
Policy 3.1.2 -1. Protect, and where feasible, expand and enhance public access to and
along coastal bluffs.
Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to
avoid or minimize impacts to coastal bluffs.
Policy 3.1.1 -11. Require new development to minimize impacts to public access to and
along the shoreline.
Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
• Provides connections with trail systems of adjacent jurisdictions;
• Provides access to coastal view corridors;
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat areas;
• Does not violate private property rights.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible,
including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for lateral public access for all new shorefront development causing or contributing to
adverse public access impacts. Such dedication or easement shall extend from the limits
of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the
primary extent of development (e.g. intersection of sand with toe or top of revetment,
vertical face of seawall, dripline of deck, or toe of bluff).
Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for vertical access in all new development projects causing or contributing to adverse
public access impacts, unless adequate access is available nearby. Vertical accessways
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City of Newport Beach
Planning Commission Resolution No. _
Page 7 of 32
shall be a sufficient size to accommodate two -way pedestrian passage and landscape
buffer and should be sited along the border or side property line of the project site or away
from existing or proposed development to the maximum feasible extent.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible,
including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -2& Consistent with the policies above, provide maximum public access from
the nearest public roadway to the shoreline and along the shoreline with new development
except where (1) it is inconsistent with public safety, military seculity needs, or the
protection of fragile coastal resources or (2) adequate access exists nearby.
Policy 3.1.1 -27. implement public access policies in a manner that takes into account the
need to regulate the time, place, and manner of public access depending on the facts and
circumstances in each case including, but not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including parking and restrooms,
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property owners and the
public's constitutional rights of access.
The project site has no dedicated public access easements or physical access to the
coastal bluff or bay. No abutting vertical or lateral public access presently exists that would
connect to any access that might be considered within the development. The steep
topography of the site makes vertical access a safety concern and access for the disabled
could not be accommodated. Support facilities presently do not exist nor are they planned,
and parking in the area is constrained. Lastly, access through the site would be in close
proximity to residential uses.
The lower portion of the bluff, submerged lands and tidelands will remain in their existing
condition. Public access to the tidelands from the water will not be affected as the
development will be well above the tidelands. Access to the designated view point at the
end of Carnation Avenue will also remain unaffected and the public view from that point
and Ocean Boulevard will be enhanced with project approval with the installation of a
bench and/or other public amenity at the comer to improve the experience. The project will
create 3 new parking spaces along Carnation Avenue with the reduction in the width of the
existing driveway approaches. These new public parking spaces will enhance access to
the area. With the reduction in residential density and the fact that no access rights or
proscriptive access rights exist, the project will not impact or impede public access.
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City of Newport Beach
Planning Commission Resolution No. _
Page 8 of 32
Public access to the bay is currently provided in the vicinity at China Cove, Lookout Point
and at a street -end located in the 2300 block of Bayside Drive. These access points are
located approximately 450 feet to the east, 1,125 feet to the east and approximately 480
feet to the northwest, respectively. Based upon the forgoing, requiring public access
easements or outright dedication of land for public access is not necessary.
WHEREAS, the proposed project is consistent with Policy 4.1.3 -1 of the Coastal
Land Use Plan that states "Utilize the following mitigation measures to reduce the potential
for adverse impacts to ESA natural habitats from sources including, but not limited to,
those identified in Table 4.1.1." Only Subsections E, F, G, and N are applicable to the
proposed project as the other subsections are clearly inapplicable as they relate to
different physical and operational aspects of Newport Bay.
E. Limit encroachments into wetlands to development that is consistent with Section 30233 of
the Coastal Act and Policy 4.2.3 -1 of the Coastal Land Use Plan.
No encroachment into wetlands is proposed with the project.
* Regulate landscaping or revegetation of blufftop areas to control erosion and invasive
plant species and provide a transition area between developed areas and natural
habitats.
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to only allow native and non - invasive plantings
indigenous to the California coastal bluff environment.
G. Require irrigation practices on blufRops that minimize erosion of bluffs.
An irrigation plan is required pursuant to conditions of approval for the project and temporary
irrigation on the bluff face may only be to be used to establish vegetation.
N. Prohibit invasive species and require removal in new development
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to allow only native and non - invasive plantings
indigenous to the California coastal bluff environment.
WHEREAS, the proposed project is consistent with the following policies of Chapter
4 (Coastal Resource Protection) based upon the following:
Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils to
implement structural best management practices (BMPs) to prevent or minimize erosion
consistent with any load allocation of the TMDLs adopted for Newport Bay.
Policy 4.3.1 -6. Require grading /erosion control plans to include soil stabilization on graded
or disturbed areas.
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City of Newport Beach
Planning Commission Resolution No. _
Page 9 of 32
Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance
activities such as clearing and grading, limiting cut -and fill to reduce erosion and sediment
loss, and avoiding steep slopes, unstable areas, and erosive soils. Require construction to
minimize disturbance of natural vegetation, including significant trees, native vegetation,
root structures, and other physical or biological features important for preventing erosion or
sedimentation.
Policy 4.3.2 -22. Require beachfrant and waterfront development to incorporate BMPs
designed to prevent or minimize polluted runoff to beach and coastal waters.
Policy 4.3.2 -23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum extent
practicable dry weather runoff, runoff from small storms (less than 314" of rain falling over a
24 -hour period) and the concentration of pollutants in such runoff during construction and
post - construction from the property.
An Erosion and Sediment Control Plan, Stormwater Pollution Prevention plan and a Water
Quality Management Plan are required and include best management practices to ensure
that erosion is controlled to the maximum extent feasible.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -4. of the Coastal
Land Use Plan that states "On bluffs subject to marine erosion, require new accessory
structures such as decks, patios and walkways that do not require structural foundations to
be sited in accordance with the predominant line of existing development in the subject
area, but not less than 10 feet from the bluff edge. Require accessory structures to be
removed or relocated landward when threatened by erosion, instability or other hazards."
No new accessory structures are proposed. The policy also requires that accessory
structures be removed or relocated landward when threatened by erosion, instability or
other hazards. A condition of approval is included such that the existing accessory
structures (concrete pad, staircase and walkway) will be removed if threatened by
erosional processes in the future.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -11 of the Coastal
Land Use Plan that states "Require applications for new development to include slope
stability analyses and erosion rate estimates provided by a licensed Certified Engineering
Geologist or Geotechnical Engineer."
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005
collectively indicate that the project will not be subject to nor contribute to erosion, geologic
instability, geologic hazard nor require shoreline protective devices during the economic
life of the structure (75 years).
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City of Newport Beach
Planning Commission Resolution No. _
Page 10 of 32
WHEREAS, the proposed project is consistent with the following policies of Chapter
4 (Coastal Resource Protection) that regulate the protection of public views based upon
the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the
coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -4. Where appropriate, require new development to provide view easements
or corridors designed to protect public coastal views or to restore public coastal views in
developed areas.
Policy 4.4.1 -6. Protect public coastal views from the following roadway segments... Ocean
Boulevard. (Figure 4 -3 of the CLUP identifies the intersection of Carnation Avenue and
Ocean Boulevard as a "view point. ")
Policy 4.4.1 -7. Design and site new development, including landscaping, on the edges of
public coastal view corridors, including those down public streets, to frame and accent
public coastal views.
Policy 4.4.2 -2. Continue to regulate the visual and physical mass of structures consistent
with the unique character and visual scale of Newport Beach.
Policy 4.4.2 -3. Implement the regulation of the building envelope to preserve public views
through the height, setback, floor area, lot coverage, and building bulk regulation of the
Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize
public view opportunities.
A public view presently exists over the southeastern portion of the site from Ocean
Boulevard and Carnation Avenue to the south and southwest between the existing 14 -unit
apartment building and improvements on the adjoining property to the southeast. The
siting of the proposed building would provide a greater separation between these
properties than exists today. Presently, the horizontal view window measures 25 degrees
and with the project, the view window will increase to 32 degrees. Based upon the visual
simulation prepared by the project architect, the public view from Ocean Boulevard to the
west will also be improved due to the position of the proposed building. Although the
proposed building is taller than the existing building, there is no public view over the
buildings; therefore, the taller building proposed will not impact a public view. The project
is consistent with the 28 -foot building height limit as demonstrated on Sheet A -16 and
verified by staff, and with other building envelope restrictions with the exception of setback
encroachments as proposed. The above -grade encroachment of the building on the
northerly portion of the project site is one -story and does not impact a public view as one
presently does not exist in that location. Other setback encroachments are below the
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City of Newport Beach
Planning Commission Resolution No. _
Page 11 of 32
grade of the street and would not impact a public view. No other public views exist from
the street through the site due to the position of the current buildings. Therefore, the
proposed project will not have an impact upon existing public views through the site to the
south and west. The recordation of a public view easement to protect the public view over
the site from Ocean Boulevard and Carnation Avenue is required as a condition of
approval.
WHEREAS, the proposed project is consistent with the following policies of Chapter
4 (Coastal Resource Protection) as they related to the scenic and visual qualities of the
coastal zone and to minimizing the alteration of the coastal bluff based upon the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the
coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -3 Design and site new development to minimize alterations to significant
natural landforms, including bluffs, cliffs and canyons.
Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal
bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar
determined to be consistent with the predominant line of existing development or public
improvements providing public access, protecting coastal resources, or providing for public
safety. Permit such improvements only when no feasible alternative exists and when
designed and constructed to minimize alteration of the bluff face, to not contribute to
further erosion of the bluff face, and to be visually compatible with the surrounding area to
the maximum extent feasible.
Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean
Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new
development to be sited in accordance with the predominant line of existing development
in order to protect public coastal views. Establish a predominant line of development for
both principle structures and accessory improvements. The setback shall be increased
where necessary to ensure safety and stability of the development.
Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration of
coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an
alternative location is more protective of coastal resources.
B. Utilizing existing driveways and building pads to the maximum extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
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City of Newport Beach
Planning Commission Resolution No.
Page 12 of 32
E. Designing buildings to conform to the natural contours of the site, and arranging
driveways and patio areas to be compatible with the slopes and building design.
F. Utilizing special foundations, such as stepped, split level, or cantilever designs.
G. Detaching parts of the development, such as a garage from a dwelling unit.
H. Requiring any altered slopes to blend into the natural contours of the site.
In accordance with the definition of predominant line of development, the predominant line
of existing development for the project site is 50.7 feet above mean sea level (MSL) based
upon the existing development pattern located on the bluff face. The predominant line of
existing development and the development thereto minimizes alteration of the coastal bluff
and protects public coastal views of the coastal bluff and it also protects the scenic and
visual qualities of the coastal zone as required pursuant to Policies 4.4.1 -1, 4.4.1 -2 and
4.4.1 -3. Development within the predominant line of existing development utilizes the
flattest portion of the lot and although it would occupy areas outside the existing building
pads, it would be more protective of the coastal bluff by avoiding developing below 50.7
feet MSL.
WHEREAS, the granting of the Modification Permit application is necessary
due to practical difficulties associated with the property and that the strict application of the
Zoning Code results in physical hardships that are inconsistent with the purpose and intent
of the Zoning Code for the following reasons:
The site is irregular in shape, has steep topography and has submerged lands which make
it difficult to design a project at the density proposed while providing required parking.
Approximately 65% of the site is submerged or has slopes in excess of 50 %. The need to
provide on -site parking requires that a significant portion of the building area be allocated
for the parking garage, thereby reducing available area for residential units. The required
side yard setback is also larger than the required front yard setback and the application of
this standard represents a practical difficulty given the relatively small buildable area
available on the entire site.
WHEREAS, the granting of the Modification Permit will be compatible with the
existing development in the neighborhood for the following reasons:
The requested encroachments within the front yard will be entirely subterranean and will
not be visible. The encroachments within the side yard on levels below the street will also
not be visible. The side yard setback encroachment on Level 4 (above the street) provides
a 7' -6" setback for approximately 57.5% of the length of the building and 5' for
approximately 42.5% of the length of the building. The larger setback is closer to the
street. On Levels 5 and 6 above the encroachment on Level 4, the project provides a 28 to
30 -foot setback in excess of the minimum 10' -7" setback. This increased setback provides
an enhanced separation of building masses of the project building and the single - family
home to the north. This increased setback provides private views over the building from
upper levels of residences across Carnation Avenue and enhanced building articulation as
suggested by General Plan policy.
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City of Newport Beach
Planning Commission Resolution No. _
Page 13 of 32
WHEREAS, the granting of the Modification Permit application will not adversely
affect the health or safety of persons residing or working in the neighborhood of the
property and will not be detrimental to the general welfare or injurious to property or
improvements in the neighborhood for the following reasons:
The setback encroachments are predominantly subterranean and the above - ground
encroachments are off -set with increased setbacks above grade and they do not block
public views.
WHEREAS, Tract Map No. 2005 -004 (TT16882) can be approved based upon the
following findings:
1. The modified project is consistent with the current land use designation including the
proposed amendment. The project is consistent with Land Use Element Policy LU5.1.9
regarding the character and quality of multi - family residential development. The project
is consistent with Land Use Element and Natural Resources Element policies related to
the protection of public views, visual resources, coastal bluffs and other natural
resources based upon the project's consistency with the Coastal Land Use Plan. The
site is not subject to a specific plan. Minimum lot sizes established by the Zoning
Ordinance are also maintained as required by the City Subdivision Code. The tentative
tract map, pursuant to the conditions of approval, is consistent with the Newport Beach
Subdivision Code (Title 19) and applicable requirements of the Subdivision Map.
2. The buildable area of the site is relatively small compared to the entire 1.4 acre site.
The site is not likely to be subject to coastal erosional processes or hazards during the
75 year economic life of the project. No earthquake faults were found on -site and there
is not likely to be and incidence of landslide, lateral spreading, subsidence, liquefaction,
or collapse on -site or near the site given on -site soils conditions. These factors indicate
that the site is suitable for development.
3. The design of the subdivision and proposed improvements subject to conditions of
approval will not cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat based upon the Mitigated Negative
Declaration (SCH #2007021054) and the adoption of mitigation measures as conditions
of project approval.
4. The tract map would subdivide airspace for residential condominium purposes and is
not expected to cause serious public health problems given the use of typical
construction materials and practices. No evidence is known to exist that would indicate
that the proposed subdivision will generate any serious public health problems. All
mitigation measures as outlined in the Mitigated Negative Declaration and the Building,
Grading and Fire codes will be implemented to ensure the protection of public health.
5. The proposed subdivision will not conflict with easements, acquired by the public at
large, because a utility and sewer easement that affects the site is presently not in use
and can be abandoned. The design of the proposed subdivision will not impact an
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City of Newport Beach
Planning Commission Resolution No. _
Page 14 of 32
existing storm drain easement and storm drain as proposed improvements will not
encroach upon the existing easement. The storm drain easement will appear on the
final map. Public utility easements for utility connections that serve the project site are
present and will be modified, if necessary, to serve the proposed project.
6. The site is not subject to a Williamson Act contract
7. The property is not located within the boundaries of a specific plan;
8. The subdivision is subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards depending on
location and climate. The Newport Beach Building Department enforces Title 24
compliance through the plan check and field inspection processes. The site has a
western exposure and incorporates curved roof elements that will provide some
shading of windows and passive solar cooling. Significant exterior wall segments are
below grade which will benefit from passive cooling.
9. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing needs although the proposed subdivision will have the effect of
reducing the residential density on the site from 15 units to 9 units. The reduction is
insignificant given the City's current housing supply. Although the reduction in units
does not assist the City in reaching its production goals, no affordable housing units are
being eliminated based upon the fact that the project was not occupied by low or
moderate income households. The reduction in density is consistent with existing
density limitations of the Municipal Code.
10. Wastewater discharge into the existing sewer system will be consistent with existing
residential use of the property, which does not violate Regional Water Quality Control
Board (RWQCB) requirements.
11-The proposed subdivision is entirely within the coastal zone and the site is not
presently developed with coastal- related uses, coastal- dependent uses or water -
oriented recreational uses that would be displaced by a non - priority use. The project
site is constrained by topography and public access exists nearby making on -site
vertical and lateral access unnecessary. Public access to the area is enhanced as a
result of increasing public parking opportunities on Carnation Avenue afforded by 3 on-
street parking spaces to be added with closure of existing driveway curb cuts. The
position of the proposed building enhances public views from Ocean Boulevard and
Carnation Avenue by increasing the view angle between the development on the
project site and adjacent development. The modified project developed in accordance
with the conditions of approval will minimize alteration of the coastal bluff and preserve
the scenic and visual quality of the coast by preserving the bluff below the 52 -foot MSL
elevation. Lastly, the project will not impact sensitive marine resources with the
implementation of the conditions of approval.
City of Newport Beach
Planning Commission Resolution No.
Page 15 of 32
WHEREAS, the project would demolish 15 dwelling units within the Coastal Zone
within 2 buildings and pursuant to Chapter 20.86 of the Zoning Code, demolished units
occupied by low or moderate income households must be replaced if such replacement is
determined to be feasible. The 15 units are not occupied by low or moderate income
households, and therefore, no replacement units are required. Households potentially
meeting the low or moderate income limits were not evicted for the purpose of avoiding a
replacement requirement within the previous 12 months.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) (SCH No.
2007021054) have been prepared in compliance with the Environmental Quality Act
(CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was
circulated for public comment between January 10, 2007 and March 15, 2007. During the
February 22, 2007, public hearing comments on the adequacy of the environmental
document were received by the Planning Commission. Those comments led to revisions to
the draft MND. The revisions provide additional project information and clarification and no
new environmental impacts were identified. Revised mitigation measures were identified
that provide equivalent or superior environmental protection and, therefore, recirculation is
not required. The contents of the revised environmental document have been considered
in prior to rendering of the various decisions on this project. It has been determined that
the revised MND adequately describes the potential impacts of the project.
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no
known substantial adverse affects on human beings that would be caused. Additionally,
there are no long -term environmental goals that would be compromised by the project, nor
cumulative impacts anticipated in connection with the project. The mitigation measures
identified are feasible and reduce potential environmental impacts to a less than significant
level. The mitigation measures are applied to the project and are incorporated as
conditions of approval.
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time consuming.
In addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger; and
NOW, THEREFORE, 13E IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach does hereby
find, on the basis of the whole record, that there is no substantial evidence that the project will
have a significant effect on the environment and that the Mitigated Negative Declaration
reflects the Planning Commission's independent judgment and analysis. The Planning
Commission hereby recommends that the City Council adopt Mitigated Negative
6/
City of Newport Beach
Planning Commission Resolution No. _
Page 16 of 32
Declaration SCH No. 2007021054 included therewith. The document and all material
which constitute the record upon which this decision was based are on file with the
Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California.
Section 2. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2005 -006
per Exhibit "A ", Coastal Land Use Plan Amendment No. 2005 -002 per Exhibit "B ", Code
Amendment No. 2005 -009 per Exhibit "C; and approve Tentative Tract Map No. 2005 -004
(Tract 16882), Modification Permit No. 2005 -087 and Coastal Residential Development
Permit No. 2005 -002 (PA 2005 -196) subject to conditions of approval attached as Exhibit
,.D„
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF APRIL 2007.
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Jeffery Cole, Chairman
Robert Hawkins, Secretary
AYES:
NOES:
ABSENT:
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City of Newport Beach
Planning Commission Resolution No.
Page 17 of 32
Exhibit "A"
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City of Newport Beach
Planning Commission Resolution No.
Page 18 of 32
Exhibit "B"
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City of Newport Beach
Planning Commission Resolution No.
Page 18 of 32
Exhibit "B"
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City of Newport Beach
Planning Commission Resolution No.
Page 19 of 32
Exhibit "C"
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City of Newport Beach
Planning Commission Resolution No. _
Page 20 of 32
Exhibit "D"
CONDITIONS Or APPROVAL
Tentative Tract Map No. 2005 -004 (Tract 16882), Modification Permit No. 2005 -087
(Project - specific conditions are in italics)
Planning Department
The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this
permit_ The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
2. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
3. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
4. The development shall be in substantial conformance with the approved plans stamped
and dated May 4, 2007, except as modified by the conditions of approval.
5. Project approvals except the Tentative Tract Map shall expire unless exercised within
24 months from the effective date of approval as specified in Section 20.91.050A of
the Newport Beach Municipal Code. Reasonable extensions may be granted by the
Planning Director in accordance with applicable regulations. The Tentative Tract Map
shall expire within 36 months from the date of approval unless extensions are granted
prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map
Act.
6. The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
The project shall be revised such that the principal building shall not be visible below
50.7 feet above mean sea level.
Prior to the issuance of a -grading or building permit, the applicant shall provide the City
with a performance bond or its equivalent to ensure timely completion of all shoring and
retaining wall improvements represented on plans and drawings submitted for permit
approval, or for restoration of excavated and otherwise disturbed portions of the site in
the event construction of improvements consistent with project approval is abandoned
The performance bond or its equivalent shall be in 100% of the cost of such
improvements, shall be issued with the City as beneficiary by an insurance company
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City of Newport Beach
Planning Commission Resolution No. _
Page 21 of 32
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California and shall have an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class VIl (or larger) in accordance with the latest
edition of Bests Key Rating Guide unless otherwise approved by the City Risk Manager.
The bond or equivalent shall be released upon completion of construction of the shoring
and retaining wall impro vements.
9. Prior to the issuance of a grading or building permit for new construction, the
applicant shall execute a waiver of all claims against the City for future liability or
damage resulting from the approval to build the project. The form and content of the
waiver shall be in a form acceptable to the office of the City Attorney and the waiver
shall be recorded against the property in question.
10. Prior to the issuance of a building permit, the applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Director.
The site shall not be excessively illuminated as excessive illumination may be
determined consistent with the luminance recommendations of the Illuminating
Engineering Society of North America or by the Planning Director in the event the
illumination creates an unacceptable negative impact on surrounding land uses or
environmental resources.
11. Prior to the issuance of a building permit, a landscape and irrigation plan prepared by
a licensed landscape architect shall be submitted for Planning Commission review
and shall be subject to Planning Commission approval. The plans shall incorporate
drought tolerant plantings and water efficient irrigation practices. All planting areas
shall be provided with a permanent underground automatic sprinkler irrigation system
of a design suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or an
on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier. Landscaping
shall be located so as not to impede vehicular sight distance to the satisfaction of the
Traffic Engineer. The proposed landscaping adjacent to the back of sidewalk shall be
designed with provisions that will prevent irrigation and/or other runoff from spilling
onto the sidewalk.
12. Prior to the issuance of a building permit, the developer shall pay a park dedication in-
lieu fee of $6,894.37 per unit.
13. Prior to the issuance of a building or rcraadina permit, a waiver of future shoreline
protection during the economic life of the structure (75 years) shall be recorded
against the property. The waiver shall be binding upon all future owners and
assignees. The waiver shall be reviewed and approved by the City Attorney prior to
recordation.
14. Prior to issuance of the certificate of occupancy or final of building_ permits, the
applicant shall schedule an evening inspection by the Code Enforcement Division to
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City of Newport Beach
Planning Commission Resolution No.
Page 22 of 32
confirm control of light and glare. The Planning Director may order the dimming of
light sources or other remediation upon finding that the site is excessively illuminated.
15. Prior to issuance of a certificate occupancy for the project the applicant shall install a
public bench within the public right -of -way as depicted on the site plan. The specific
design and location of the bench shall be approved by the Public Works, Planning
and General Serviced Departments prior to installation.
16. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an
inspection by the Code and Water Quality Enforcement Division to confirm that all
landscaping materials and irrigation systems have been installed in accordance with
the approved plans.
17. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds
and debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on -site lighting shall be shielded and confined within site boundaries. No direct rays
or glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance.
19. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
20. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water
Quality Enforcement Division of the City Manager's Office shall visit the location,
investigate, inform resident if possible, leave a note and in some cases shut -off the
water.
21. Watering should be done during the early morning or evening hours to minimize
evaporation (between 4:00 p.m. and 9:00 a.m., the following morning).
22. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office and the applicant or future owners
shall complete all required repairs.
23. The applicant shall be responsible for the payment of all administrative costs identified
by the Planning Department within 30 days of receiving a final notification of costs or
prior to the issuance of a Building Permit.
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City of Newport Beach
Planning Commission Resolution No.
Page 23 of 32
24. All altered slopes that are outside of the building envelope shall be contoured to
resemble the existing natural terrain.
25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the AERIE
Project including, but not limited to, the approval of General Plan Amendment No.
2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Code Amendment No.
2005 -009, Tentative Tract Map No. 2005 -004 (Tract 16882), Modification Permit No.
2005 -087 and Coastal Residential Development Permit No. 2005 -002 collectively
referred to as PA 2005 -196; and /or the City's related California Environmental Quality
Act determinations, the adoption of a Mitigated Negative Declaration and a Mitigation
Monitoring Program for the AERIE Project. This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and /or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicant shall pay to the City upon demand
any amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
26. The project shall incorporate and implement an emergency power backup system so
the vehicle lifts will operate during a power outage.
27. Remote control operators for the vehicle elevators, in quantities equal to the number of
parking spaces assigned to each dwelling unit, shall be provided to occupants of the
respective units. The project shall incorporate an external indicating system to alert
drivers which vehicle elevator will be available for immediate use. The vehicle elevator
system shall be designed and maintained to return the elevator cars to the street level
when not in use. The vehicle elevator system shall be maintained for efficient use
throughout the life of the project.
28. Vehicle parking and maneuvering areas shall be restricted to the parking of operable
vehicles and shall not be used for storage of any kind including the long -term storage of
vehicles not in regular use.
29. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on
weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m.
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City of Newport Beach
Planning Commission Resolution No.
Page 24 of 32
30. Idling of construction vehicles and equipment shall be limited to the extent feasible.
Construction vehicles and equipment shall be properly operated and maintained and
shall be turned off when not in use for more than five (5) minutes.
31. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
Fire Department
32. One gurney- accommodating elevator shall be provided in accordance with Chapter 30
of the California Building Code within the project that must access each level.
33. A Class ill standpipe system shall be provided at the private dock in accordance with
Newport Beach Fire Department guidelines.
34. A public fire hydrant shall be provided at the comer of Carnation Avenue and Ocean
Boulevard. The hydrant shall be installed and tested prior to occupancy of the project,
unless required earfier by the Fire Department.
35. A fire alarm system with ire control room shall be provided within the project.
Monitored Automatic ire sprinklers shall be required for the entire structure to meet
NFA13, 199 Edition and in accordance with Newport Beach Fire Department
requirements. Shut-off valves and a waterflow device shall be provided for each unit. A
Class 1 standpipe shall be provided at every level at all stairs. Standpipe and sprinklers
may be a combination system.
36. The project shall provide pressurized exit enclosures and vestibules in accordance
with the Building Code. Enclosures shall be a minimum two -hour fire rated
construction.
37. Approved numbers or addresses shall be placed on all new and existing buildings in
such a position that is plainly visible and legible from the street or road fronting the
property. Said numbers shall be of made of non - combustible materials, shall contrast
with their background, and shall be either internally or externally illuminated to be
visible at night. Number shall be no less than six inches in height with a one -inch
stroke.
Public Works
38. All parking stall dimensions shall comply with City's Standard Drawings STD - 805 -L -A.
39. Driveway /drive aisle slopes shall comply with City Standard STD- 160 -L -C, which
accommodate a 15 percent maximum slope and a maximum change in grade of 11
percent. The building plans shall show detailed profile of each of the proposed
driveways.
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City of Newport Beach
Planning Commission Resolution No. _
Page 25 of 32
40. Project driveways must conform to the City's sight distance standard 110 -L. The
design shall be reviewed and approved by the City Traffic Engineer.
41. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
42. Construction surety in a form acceptable to the City, guaranteeing the completion of
the various required public improvements and repairs, shall be submitted to the
Public Works Department for City Council approval prior to the issuance of Public
Works Department encroachment permit.
43. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
44. A water demand, a storm drain system capacity, and a sanitary sewer system
capacity study shall be submitted to the Public Works Department along with the first
building plan check submittal. The recommendations of these studies shall be
incorporated as a part of the submitted plans.
45. Street, drainage and utility improvements within the public right -of -way shall be
submitted on City standard improvement plan formats. All of the plan sheets shall be
wet sealed, dated, and signed by the California registered professionals responsible
for the designs shown on said plans.
46. All new landscaping within the public right -of -way shall be approved by the General
Services Department and the Public Works Department.
47. The applicant shall submit detail plans for the on -site drainage system(s) to
demonstrate that it will prevent the underground garage from being flooded during
storm events.
48. The Developer shall file one (1) Final Tract Map (Map).
49. The roadway cross section shown on the Map with a 110 -foot right -of -way width
should be labeled as "Ocean Boulevard':
50. The Map shall be prepared on the California coordinate system (NAD88). Prior to
Map recordation, the surveyor /engineer preparing the Map shall submit to the County
Surveyor and the City of Newport Beach a digital- graphic file of said map in a manner
described in the Orange County Subdivision Code and Orange County Subdivision
Manual. The Map to be submitted to the City of Newport Beach shall comply with the
City's CADD Standards. Scanned images will not be accepted.
51. Prior to recordation, the Map boundary shall be tied onto the Horizontal Control
System established by the County Surveyor in a manner described in Sections 7 -9-
330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be
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City of Newport Beach
Planning Commission Resolution No.
Page 26 of 32
set On Each Lot Corner unless otherwise approved by the City Engineer.
Monuments shall be protected in place if installed prior to completion of construction
project.
52. The applicant's request to vacate the existing sewer /utilities easement shall be
approved by the City Utilities Department prior to the issuance of a building permit or
the recordation of the final tract map. The existing private ingresslegress easement
with the same width, length, and alignment as the existing sewerlutilities easement
shall be vacated or permission from the beneficiaries of the private easement shall be
documented prior to the issuance of a building permit o the recordation of the final
tract map.
53. A 5 -foot wide public sewer and utilities easement as measured from the centerline of
the existing sewer main fronting the development site shall be recorded against the
property. The applicant shall prepare and submit the legal description for said
easement for City review and approval.
54. All easements of record shall be recorded as a part of the Final Map.
55. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
56. The sidewalk portion of the proposed new driveway approach shall be constructed
with 2% cross -fall per City Standards.
57. Temporary construction sheet piles shall be installed to protect all existing stone drain
and sanitary sewer mains within and adjacent to the development site.
58. No structures or construction tie -backs shall be constructed within the limits of any
easements or public right -of -way without the approval of an Encroachment
Agreement and Permit.
59. Full -width concrete sidewalk and curb and gutter shall be constructed along the
length of the Carnation Avenue and Ocean Boulevard frontages. The new sidewalk
shall join the existing sidewalk in front of 2501 Ocean Boulevard.
60. New concrete curbs shall be dowelled into sound concrete roadway pavement.
61. Trees shall not be installed at locations where mature tree roots could damage the
existing City sewer main.
62. The plans suggested there will be a 40 -foot (40) drop from the top of proposed
perimeter/retaining walls along the Carnation Avenue property line to the garden
below. The proposed top of wall is shown on the Plans as 15" above the sidewalk
finish surface. Adequate safety provisions for pedestrians and W/B Ocean Boulevard
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City of Newport Beach
Planning Commission Resolution No. _
Page 27 of 32
vehicle traffic shall be shown on building plans along the length of said walls and shall
be implemented throughout the life of the project.
63. Each dwelling unit shall be served by its individual water service and sewer lateral
connection and cleanout.
64. All utility connections shall be placed underground in accordance with the Subdivision
Code.
65. The garage space for Unit 8 on the basement level shall be relocated across the
parking aisle from Guest Parking 4 as the removal of the garage wall from this side of
Parking Level 2 will provide enhanced maneuvering area for vehicles.
66. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review and approval by the Traffic Engineer and any
corrections /modifications shall be made to the satisfaction of the Traffic Engineer.
67. All non - standard improvements within the public right -of -way would require an
Encroachment Agreement and Encroachment Permit.
68. Curb cuts within the public right -of -way leading to the pedestrian walkways shall not
be permitted. Standard curb, gutter and sidewalk shall be installed.
69. Gates shall not be designed to open out into the public light-of-way.
70. Raised planters shall not be permitted within the Public right -of -way. Planting
adjacent to the curb shall accommodate a vehicle car door opening. Project
landscape plans shall provide details of the planters and shall be reviewed and
approved by the Public Works Department prior to the issuance of a building permit.
71. The driveway approaches within the public right -of -way shall be shall be narrowed to
the width of garage openings they serve. Six -inch curbs shall have a 3 foot flare.
Drive approaches shall be modified to comply with ADA requirements.
72. Planters adjacent to the freight elevators shall be pulled back from the Carnation
Avenue property line two feet to improve vehicle maneuvering. Planters in the front
yard shall not encroach into the projection of the garage door edge.
73. No structural support column shall be located in the middle of the driveway leading to
the parking area located on Level 4.
74. The loading area adjacent to the ADA accessible stall shall be 8 -foot wide.
75. Prior to the issuance of a building permit, the applicant shall prepare a study of the
existing drainage area and catch basin in Carnation Avenue to determine the
appropriate size of catch basin. The developer shall enlarge the existing catch basin
accordingly.
City of Newport Beach
Planning Commission Resolution No. _
Page 28 of 32
76. Prior to the issuance of the building permit, Public Works Department plan check and
inspection fee shall be paid.
77. Prior to the issuance of a grading or building permit, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of large
vehicles. The plan shall include a haul route plan for review and approval of the
Public Works Department. Said plan shall specify the routes to be traveled, times of
travel, total number of trucks, number of tracks per hour, time of operation, and
safety/congestion precautions (e.g., signage, flagmen). Large construction vehicles
shall not be permitted to travel narrow streets and alleys as determined by the Public
Works Department. Traffic control and transportation of equipment and materials
shall be conducted in accordance with state and local requirements. The plans shall
include a provision that maintains the public right -of -way open to vehicular and
pedestrian traffic after working hours daily.
78. Where vehicles leave the construction site and enter adjacent public streets, any
visible track -out extending for more than fifty (50) feet from the access point shall be
swept within thirty (30) minutes of deposition.
79. Prior to commencement of demolition and rq ading, the applicant shall submit to the
City calculations showing the proposed travel route for haul trucks, the distance
traveled, and how many daily truck trips that can be accommodated to ensure that
the daily cumulative miles traveled is below the assumed total vehicle miles traveled
in the quantitative air quality assessment of the Mitigated negative declaration.
Building Department
80. The applicant is required to obtain all applicable permits from the City of Newport
Beach. The construction plans must comply with the most recent, City- adopted version
of the California Building Code. The facility shall be designed to meet fire protection
requirements and shall be subject to review and approval by the Newport Beach
Building and Fire Departments.
81. The proposed project shall conform to the requirements of the Uniform Building Code,
any local amendments to the UBC, and State Disabled Access requirements, unless
otherwise approved by the Building Department.
82. County Sanitation District fees shall be paid prior to issuance of any building permits.
83. Prior to the issuance of the grading permit, a Stormwater Pollution Prevention Plan
(SWPPP) shall be prepared and approved by the City of Newport Beach as the local
permitting agency in accordance with the requirements of the Regional Water Quality
Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or
minimize stormwater pollution prior to, and during construction. The SWPPP shall
require construction to occur in stages and stabilized prior to disturbing other areas and
City of Newport Beach
Planning Commission Resolution No.
Page 29 of 32
require the use of temporary diversion dikes and basins to trap sediment from run-off
and allow clarification prior to discharge.
84. Prior to the issuance of the grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff. The
plan shall identify the types of structural and non - structural measures to be used. The
plan shall comply with the Orange County Drainage Area Management Plan (DAMP).
Particular attention should be addressed to the appendix section "Best Management
Practices for New Development." The WQMP shall clearly show the locations of
structural BMP's, and assignment of long term maintenance responsibilities (which
shall also be included in the Maintenance Agreement). The plan shall be prepared to
the format of the DAMP title "Water Quality Management Plan Outline" and be
subject to the approval of the City.
85. Prior to the issuance of the grading or building permit, the applicant shall obtain a
NPDES permit. The applicant shall incorporate storm water pollutant control into
erosion control plans using BMPs to the maximum extent possible. Evidence that
proper clearances have been obtained through the State Water Resources Control
Board shall be given to the Building Department prior to issuance of grading permits.
86. Prior to the issuance of the grading permit, the applicant shall submit evidence to the
City Building Official that the applicant has obtained coverage under the NPDES
statewide General Construction Activity Stormwater Permit from the State Water
Resources Control Board.
87. Prior to the issuance of a rq ading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Building Official, to demonstrate compliance with local and state water quality
regulations for grading and construction activities. The ESCP shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be properly covered, stored, and secured to
prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal
erosion, or dispersion. The ESCP shall also describe how the applicant will ensure
that all Best Management Practices (BMPs) will be maintained during construction of
any future public right -of -ways. A copy of the current ESCP shall be kept at the
project site and be available for City of Newport Beach review on request. The ESCP
shall include and require the use of soil stabilization measures for all disturbed areas.
88. Prior to issuance of the grading permit, the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City-
adopted version of the Uniform Building Code.
89. Prior to issuance of the grading permit, a geotechnical report shall be submitted with
construction drawings for plan check. The Building Department shall ensure that the
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City of Newport Beach
Planning Commission Resolution No. _
Page 30 of 32
project complies with the geotechnical recommendations included in the preliminary
geologic investigation as well as additional requirements, if any, imposed by the
Newport Beach Building Department.
90. Prior to issuance of the building permit, school impacts fees will be paid to the
Building Department to assist in funding school facility expansion and educational
services to area residents.
Mitigation Measures from the Mitigated Negative Declaration
91. Mitigation Measure 111 -1 — During grading activities, any exposed soil areas shall be
watered at least four times per day. Stockpiles of crushed cement, debris, dirt or
other dusty materials shall be covered or watered twice daily. On windy days or
when fugitive dust can be observed leaving the proposed project site, additional
applications of water shall be applied to maintain a minimum 12 percent moisture
content as defined by SCAQMD Rule 403. Soil disturbance shall be terminated
whenever windy conditions exceed 25 miles per hour.
92. Mitigation Measure 111 -2 — Truck loads carrying soil and debris material shall be
wetted or covered prior to leaving the site. Where vehicles leave the construction site
and enter adjacent public streets, the streets shall be swept daily.
93. Mitigation Measure 111 -3 — All diesel - powered machinery exceeding 100 horsepower
shall be equipped with soot traps, unless the Contractor demonstrates to the
satisfaction of the City Building Official that it is infeasible.
94. Mitigation Measure 111 -4 — The construction contractor shall time the construction
activities, including the transportation of construction equipment vehicles and
equipment to the site, and delivery of materials, so as not to interfere with peak hour
traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag
person shall be retained to maintain safety adjacent to existing roadways, if deemed
necessary by the City.
95. Mitigation Measure 111 -5 — The construction contractor shall encourage ridesharing
and transit incentives for the construction workers.
96. Mitigation Measure 111 -6 — To the extent feasible, pre - coated /natural colored building
materials shall be used. Water -based or low VOC coatings shall be used that comply
with SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or
manual coatings application such as paint brush, hand roller, trowel, etc. shall be
used to reduce VOC emissions, where practical. Paint application shall use lower
volatility paint not exceeding 100 grams of ROG per liter.
97. Mitigation Measure V -1 — During excavation and grading of the site, paleontological
monitoring shall be conducted by an experienced monitor under the direction of the
project paleontologist If fossil remains are found by the monitor, earthmoving shall
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City of Newport Beach
Planning Commission Resolution No. _
Page 31 of 32
be diverted temporarily around the fossils until the remains have been recovered and
the monitor agrees to allow earthmoving to proceed.
98. Mitigation Measure VIN -1: The developer shag be responsible for
replacemenbupsizing of the Carnation Avenue storm drain, to provide sufficient
capacity for the added runoff generated by this project, as well as existing runoff from
the rest of the tributary area to this drain. It shall satisfy the appropriate storm -year
design criteria established by the City Engineer. This storm drain reconstruction shall
include appropriate urban runoff filtration elements, to reduce potential water pollution
impacts into !Newport Harbor. Reconstruction of this storm drain shall occur outside
of the rainy season.
99. Mitigation Measure 1X - -1— The property owner(s) shall execute and record a waiver of
future shoreline protection for the project prior to the issuance of a building permit.
Said waiver shalt be subject to the review and approval of the City Attomey.
100. Mitigation Measure 1X - -2 — The applicant shall dedicate a view easement as depicted
on Exhibit J within the AERIE project overview prepared by the project architect,
however, it would only affect the project site. Structures and landscaping within the
easement area shall not be permitted to block public views. The easement shall be
recorded prior to the issuance of a building permit for new construction and shall be
reflected on the final tract map.
101. Mitigation Measure IX -3 — Accessory structures shall be relocated or removed if
threatened by coastal erosion. Accessory structures shall not be expanded and
routine maintenance of accessory structures is permitted.
102. Mitigation Measure 1X - -4 — Bluff landscaping shall consist of native, drought tolerant
plant species determined to be consistent with the California coastal buff
environment. invasive and non - native species shall be removed. Irrigation of bluff
faces to establish re- vegetated areas shall be temporary and used only to establish
the plants. Upon establishment of the plantings, the temporary irrigation system shall
be removed.
103. Mitigation Measure 1X - -5 — The project shall be revised such that principal building is
within the predominant tine of existing development (i.e. the principal building shall not
be visible below 52 feet above mean sea level.
104. Mitigation Measure XV -1: Prior to commencement of each major phase of
construction, the Contractor shall submit a construction staging, parking and traffic
control plan for approval by the City Engineer. This plan shall identify the proposed
construction staging area(s), construction crew parking area(s), estimated number
and types of vehicles that will occur during that phase, the proposed arrival/departure
routes and operational safeguards (e.g. flagmen, barricades, shuttle services, etc.)
and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic
periods, displacement of on -street parking and to ensure safety. Construction traffic
Exhibit #3
Draft resolution recommending project approval
(predominant line of existing development at 28.3 feet MSL)
emu\
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT
MITIGATED NEGATIVE DECLARATION (SCH NO. 2007021054) AND
APPROVE GENERAL PLAN AMENDMENT NO. 2005 -006, COASTAL
LAND USE PLAN AMENDMENT NO. 2005 -002, CODE AMENDMENT NO.
2005 -009, TENTATIVE TRACT MAP NO. 2005-004 (TRACT 16882),
MODIFICATION PERMIT NO. 2005 -087 AND COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO. 2005 -002 FOR PROPERTY LOCATED AT
201-205,207 CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005 -196).
WHEREAS, applications were filed by Advanced Real Estate Services, Inc. with
respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place to
construct a 9 -unit residential condominium development on a 1.4 acre site. The applications
filed are:
1. General Plan Amendment No. 2005 -006 to change the land use designation of a 584
square -foot portion of a parcel identified as 101 Bayside Place from RT (Two -Unit
Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre).
2. Coastal Land Use Plan Amendment No. 2005 -002 to change the Coastal Land Use
Plan designation of the same 584 square foot portion of a parcel identified as 101
Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per
acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre).
3. Zone Change No. 2005 -009 to change the zoning designation of the 584 square -foot
portion of a parcel identified as 101 Bayside Place from R -2 (Two - Family Residential)
to MFR (Multifamily Residential, 2178 square feet per unit).
4. Tract Map No. 2005 -004 (TT16882) combines the 584 square -foot portion of a parcel
identified as 101 Bayside Place with parcels identified as 201 -205 Carnation Avenue
and 207 Carnation Avenue, and subdivides the air space for 9 residential condominium
units.
5. Modification Permit No. 2005 -087 permits a 5 -foot subterranean encroachment into the
required 10 -foot front setback along Carnation Avenue, an above -grade and
subterranean encroachment of 3' -1" into a required 10' -7" side yard setback between
the project and 215 Carnation, and a 5' -7" above -grade and subterranean
encroachment into a required 10' -7" side yard setback between the project and 215
Carnation.
6. Coastal Residential Development Permit No. 2005 -002 to review the potential loss of
affordable housing within the Coastal Zone pursuant to Chapter 20.86 of the Municipal
Code.
WHEREAS, on February 22, 2007 and April 5, 2007, the Planning Commission held
a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard,
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 32
Newport Beach, California, at which time the applications, project and a draft Mitigated
Negative Declaration was considered. Notice of time, place and purpose of the public
hearing was given in accordance with law and testimony was presented to and considered
by the Planning Commission at the hearing.
WHEREAS, the project site has two separate land use designations assigned by
the Land Use Element of the General Plan (584 square -feet is designated RT (Two -Unit
Residential) and the remaining portion of the site, 60,700 square -feet, is designated RM
(Multi -Unit Residential, 20 dwelling units per acre). The proposed amendment changing
the land use designation of the 584 square -foot portion of the site to match the remainder
of the site will numerically allow 1 additional unit; however, the density limitation as
dictated by the Zoning Ordinance is more restrictive as it excludes submerged lands and
slopes in excess of 50% from the calculation. The density of the proposed project is well
below the resulting maximum density permitted by the General Plan (28 dwellings) and it is
consistent with the maximum density allowed by the existing MFR zone (9 units). The
residential condominium project is consistent with the proposed Multi - Family Residential
land use designation and is consistent with the residential developments within the area.
WHEREAS, Charter Section 423 requires that all proposed General Plan
Amendments be reviewed to determine if the square footage (for non - residential projects),
peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to
determine whether a vote by the electorate would be required to approve the General Plan
Amendment. Pursuant to Council Policy A -18, voter approval is not required as the
proposed General Plan Amendment represents an increase of 1 dwelling unit and an
increase of 1 A.M. and 1 P.M. peak hour trip. Additionally, no prior amendments have been
approved within Statistical Area F3 and, therefore, the project and prior amendments do
not cumulatively exceed Charter Section 423 thresholds as to require a vote of the
electorate.
WHEREAS, the proposed project subject to conditions of approval is consistent with
General Plan Policy LU5.1.9 inasmuch as building elevations that face public streets need
to be treated to achieve the highest level of urban design and neighborhood quality.
Architectural treatment of building elevations and the modulation of mass are important to
convey the character of separate living units or clusters of living units, avoiding the
appearance of a singular building volume. Street elevations need to be provided with high -
quality materials and finishes to convey quality. Roof profiles should be modulated to
reduce the apparent scale of large structures and to provide visual interest and variety.
Parking areas should be designed to be integral with the architecture of the development.
Usable and functional private open space for each unit should be incorporated. Common
open space that creates a pleasant living environment with opportunities for recreation
should also be provided. The project design incorporates building articulation, roof
modulation and a diverse architectural style. Although specific exterior finishes or building
materials are not identified at this time, the applicant and architect are committed to
providing the highest quality project commensurate with the expense of the project and
appropriate to their target buyer. Parking areas are integrated within the overall design and
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City of Newport Beach
Planning Commission Resolution No.
Page 3 of 32
each unit has an outdoor deck or patio that may include a fire pit and spa. Common
recreational amenities and storage areas for each unit are provided.
WHEREAS, the proposed project subject to conditions of approval is consistent with
General Plan Policy LU 5.1.8 that requires adequate enclosed parking considering the
number of bedrooms. Seven of the units have three bedrooms and 2 of the units have four
bedrooms; however, all of the units have other rooms that could be used as bedrooms and
the unit sizes range from 4,000 to 6,300 square feet. The project provides 3 spaces for
each of 7 units and 2 spaces for each of the 2 remaining units (25 spaces). Seven (7)
guest parking spaces and 2 golf cart spaces are provided for a total of 34 covered, vehicle
spaces. Provided parking is in excess of the minimum required pursuant to the Zoning
Code (2.5 parking spaces per unit for total of 23 spaces).
WHEREAS, the proposed project is consistent with General Plan Policy CE7.1.8
and Policy CE7.1.1 as well as Coastal Land Use Policy 2.9.3 -1 that requires new
development to avoid the use of parking configurations or parking management programs
that are difficult to maintain and enforce and that require new development to provide
adequate, convenient parking for residents, guests, business patrons and visitors for the
following reasons:
The below grade parking configuration accessed by elevators is sufficiently convenient in
that two vehicle elevators are proposed, which will reduce vehicle wait times to avoid
significant conflicts. Emergency power generators are required so that vehicle access is
maintained if electrical power is lost. The vehicle maneuvering areas within the parking
areas meet applicable standards required by the City Traffic Engineer.
WHEREAS, the Land Use and Natural Resources Elements of the General Plan
contain general policies regarding the protection of public views, visual resources, coastal
bluffs and other natural resources and the Coastal Land Use Plan (CLUP) reflects these
same policies and includes additional policies that expand upon the topics addressed in
the Land Use and Natural Resources Elements of the General Plan and are applicable
only within the Coastal Zone such that a finding of consistency with the CLUP is an implicit
finding of consistency with the Land Use Element of the General Plan. Accordingly, based
upon facts in support of findings that the project's consistency with the relevant CLUP
policies as indicated below, the project is determined to be consistent with all resource
protection policies within the Land Use and Natural Resources Elements.
WHEREAS, the Coastal Land Use Plan (CLUP) designates the majority of the site
RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) and a 584 square -
foot portion of the site is designated RH -D High Density Residential - 50.1 to 60 dwelling
units per acre. The proposed amendment of the land use designation for the 584 square -
foot portion of the site will result in a land use designation the same as the larger portion of
the site and will numerically increase the maximum permissible project density by 1 unit,
from 13 to 14, but the maximum permissible density pursuant to the RM -A Zoning for the
site.
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City of Newport Beach
Planning Commission Resolution No.
Page 4 of 32
WHEREAS, the proposed project is consistent with applicable policies within Chapter 2
(Land Use and Development) of the Coastal Land Use Plan based upon the following:
1. Policy 2.7 - -1. Continue to maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources.
The project conforms to the height limit of the MFR zone and no deviation is proposed.
The project proposes 76,333 gross square feet, well below the maximum 90,759
allowed by the existing MFR zone standard. The proposed 9 -unit project is below the
maximum permissible density established by the RM A (Medium Density Residential -
6.1 to 10 dwelling units per acre). Setback encroachments are primarily subterranean
and would not impact the character of the area. The only above - ground encroachments
are on the north side of the building. The project provides between 5 and 7.5 feet of
separation at the street level and approximately 28 to 30 feet of separation on the
levels above. No public view exists in this area where the above - ground
encroachments are requested. The setback proposed will provide adequate separation
from the building to the north and the encroachments will not impact fragile resources
as they are located on the opposite side of the building away from the bluff and bay.
2. Policy 2.7 -2 Continue the administration of provisions of State law relative to the
demolition, conversion and construction of low and moderate- income dwelling units
within the coastal zone.
Government Code Section 65590 (Mello Act) regulates the demolition or conversion of
low and moderate income units within the Coastal Zone. All units were vacated in
December of 2001 and only a caretaker resides in the apartment. No low or moderate
income residents currently reside within the project and, therefore, Government Code
Section 65590 is not applicable.
3. Policy 2.8.1 -1. Review alt applications for new development to determine potential
threats from coastal and other hazards.
Policy 2.8.1 -2. Design and site new development to avoid hazardous areas and
minimize risks to life and property from coastal and other hazards.
Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid hazardous
areas and minimize risks to life and property from coastal and other hazards.
A coastal hazards study has been prepared by GeoSoils Inc., dated October, 5, 2006.
Given the location, topography and development proposed, potential hazards are seismic
ground shaking, coastal bluff retreat due to erosional forces and tsunamis. Seismic issues
are mitigated with the implementation of the Building Code and coastal bluff retreat is not
expected to impact the project during the 75 year economic life of the building. Inundation
by wave action or tsunami is considered very remote and the proposed improvements are
well above wave action.
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City of Newport Beach
Planning Commission Resolution No.
Page 5 of 32
4. Policy 2.8.1 -4. Require new development to assure stability and structural integrity,
and neither create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the construction of
protective devices that would substantially alter natural landforms along bluffs and
cuffs.
Policy 2.8.3 -1. Require all coastal development permit applications for new
development on a beach or on a coastal bluff property subject to wave action to assess
the potential for flooding or damage from waves, storm surge, or seiches, through a
wave uprush and impact reports prepared by a licensed civil engineer with expertise in
coastal processes. The conditions that shall be considered in a wave uprush study are:
a seasonally eroded beach combined with long -term (75 years) erosion; high tide
conditions, combined with long -term (75 year) projections for sea level rise; storm
waves from a 100 -year event or a storm that compares to the 1982183 El Nino event.
Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and
bluff protective devices during the economic life of the structure (75 years).
Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in
areas of known or potential geologic or seismic hazards], to include a
geologicisods /geotechnical study that identifies any geologic hazards affecting the
proposed project site, any necessary mitigation measures, and contains a statement
that the project site is suitable for the proposed development and that the development
will be safe from geologic hazard. Require such reports to be signed by a licensed
Certified Engineering Geologist or Geotechnical Engineer and subject to review and
approval by the City.
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005
collectively indicate that the project will not be subject to nor contribute to erosion, geologic
instability, geologic hazard nor require shoreline protective devices during the economic
life of the structure (75 years).
5. Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the structure (75 years) as a
condition of approval of a coastal development permit for new development on a
beach, shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or
other hazards associated with development on a beach or bluff. Shoreline protection
may be permitted to protect existing structures that were legally constructed prior to the
certification of the LCP, unless a waiver of future shoreline protection was required by a
previous coastal development permit.
A waiver of future shoreline protective devices is included as a condition of approval.
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City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 32
6. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street
parking spaces and close curb cuts to create new public parking wherever feasible.
The project will reduce the width of existing curb cuts creating 3 additional street spaces.
WHEREAS, the proposed project is consistent with Chapter 3 (Public Access) of
the Coastal Land Use Plan based upon the following:
Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and
along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and traits.
Policy 3.1.2 -1. Protect and where feasible, expand and enhance public access to and
along coastal bluffs.
Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to
avoid or minimize impacts to coastal bluffs.
Policy 3.1.1 -11. Require new development to minimize impacts to public access to and
along the shoreline.
Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
• Provides connections with trail systems of adjacent jurisdictions;
• Provides access to coastal view corridors;
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat areas;
• Does not violate private property rights.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible,
including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for lateral public access for all new shorefront development causing or contributing to
adverse public access impacts. Such dedication or easement shall extend from the limits
of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the
primary extent of development (e.g. intersection of sand with toe or top of revetment,
vertical face of seawall, dripline of deck, or toe of bluff).
Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for vertical access in all new development projects causing or contributing to adverse
public access impacts, unless adequate access is available nearby. Vertical accessways
I
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 32
shall be a sufficient size to accommodate two -way pedestrian passage and landscape
buffer and should be sited along the border or side property line of the project site or away
from existing or proposed development to the maximum feasible extent.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where feasible,
including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access from
the nearest public roadway to the shoreline and along the shoreline with new development
except where (1) it is inconsistent with public safety, military security needs, or the
protection of fragile coastal resources or (2) adequate access exists nearby.
Policy 3.1.1 -27. Implement public access policies in a manner that takes into account the
need to regulate the time, place, and manner of public access depending on the facts and
circumstances in each case including, but not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including parking and restrooms;
• Management and maintenance of the access,
• The need to balance constitutional rights of individual property owners and the
public's constitutional rights of access.
The project site has no dedicated public access easements or physical access to the
coastal bluff or bay. No abutting vertical or lateral public access presently exists that would
connect to any access that might be considered within the development. The steep
topography of the site makes vertical access a safety concern and access for the disabled
could not be accommodated. Support facilities presently do not exist nor are they planned,
and parking in the area is constrained. Lastly, access through the site would be in close
proximity to residential uses.
The lower portion of the bluff, submerged lands and tidelands will remain in their existing
condition. Public access to the tidelands from the water will not be affected as the
development will be well above the tidelands. Access to the designated view point at the
end of Carnation Avenue will also remain unaffected and the public view from that point
and Ocean Boulevard will be enhanced with project approval with the installation of a
bench and/or other public amenity at the corner to improve the experience. The project will
create 3 new parking spaces along Carnation Avenue with the reduction in the width of the
existing driveway approaches. These new public parking spaces will enhance access to
the area. With the reduction in residential density and the fact that no access rights or
proscriptive access rights exist, the project will not impact or impede public access.
\4�\
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 32
Public access to the bay is currently provided in the vicinity at China Cove, Lookout Point
and at a street -end located in the 2300 block of Bayside Drive. These access points are
located approximately 450 feet to the east, 1,125 feet to the east and approximately 480
feet to the northwest, respectively. Based upon the forgoing, requiring public access
easements or outright dedication of land for public access is not necessary.
WHEREAS, the proposed project is consistent with Policy 4.1.3 -1 of the Coastal
Land Use Plan that states "Utilize the following mitigation measures to reduce the potential
for adverse impacts to ESA natural habitats from sources including, but not limited to,
those identified in Table 4.1.1." Only Subsections E, F, G, and N are applicable to the
proposed project as the other subsections are clearly inapplicable as they relate to
different physical and operational aspects of Newport Bay.
E. Limit encroachments into wetlands to development that is consistent with Section 30233 of
the Coastal Act and Policy 4.2.34 of the Coastal Land Use Plan.
No encroachment into wetlands is proposed with the project.
F. Regulate landscaping or revegetation of bluffrop areas to control erosion and invasive
plant species and provide a transition area between developed areas and natural
habitats.
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to only allow native and non - invasive plantings
indigenous to the California coastal bluff environment.
G. Require irrigation practices on blufftops that minimize erosion of bluffs.
An irrigation plan is required pursuant to conditions of approval for the project and temporary
irrigation on the bluff face may only be to be used to establish vegetation.
N. Prohibit invasive species and require removal in new development.
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to allow only native and non - invasive plantings
indigenous to the California coastal bluff environment.
WHEREAS, the proposed project is consistent with the following policies of Chapter
4 (Coastal Resource Protection) based upon the following:
Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils to
implement structural best management practices (BMPs) to prevent or minimize erosion
consistent with any load allocation of the TMDLs adopted for Newport Bay.
Policy 4.3.1 -6. Require grading/erosion control plans to include soil stabilization on graded
or disturbed areas.
C.
City of Newport Beach
Planning Commission Resolution No. _
Page 9 of 32
Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance
activities such as clearing and grading, limiting cut -and fill to reduce erosion and sediment
loss, and avoiding steep slopes, unstable areas, and erosive soils. Require construction to
minimize disturbance of natural vegetation, including significant trees, native vegetation,
root structures, and other physical or biological features important for preventing erosion or
sedimentation.
Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs
designed to prevent or minimize polluted runoff to beach and coastal waters.
Policy 4.3.2 -23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum extent
practicable dry weather runoff, runoff from small storms (less than 3/4" of rain falling over a
24 -hour period) and the concentration of pollutants in such runoff during construction and
post - construction from the property.
An Erosion and Sediment Control Plan, Stormwater Pollution Prevention plan and a Water
Quality Management Plan are required and include best management practices to ensure
that erosion is controlled to the maximum extent feasible.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -4. of the Coastal
Land Use Plan that states "On bluffs subject to marine erosion, require new accessory
structures such as decks, patios and walkways that do not require structural foundations to
be sited in accordance with the predominant line of existing development in the subject
area, but not less than 10 feet from the bluff edge. Require accessory structures to be
removed or relocated landward when threatened by erosion, instability or other hazards."
No new accessory structures are proposed. The policy also requires that accessory
structures be removed or relocated landward when threatened by erosion, instability or
other hazards. A condition of approval is included such that the existing accessory
structures (concrete pad, staircase and walkway) will be removed if threatened by
erosional processes in the future.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -11 of the Coastal
Land Use Plan that states "Require applications for new development to include slope
stability analyses and erosion rate estimates provided by a licensed Certified Engineering
Geologist or Geotechnical Engineer."
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 27, 2005
collectively indicate that the project will not be subject to nor contribute to erosion, geologic
instability, geologic hazard nor require shoreline protective devices during the economic
life of the structure (75 years).
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City of Newport Beach
Planning Commission Resolution No.
Page 10 of 32
WHEREAS, the proposed project is consistent with the following policies of Chapter
4 (Coastal Resource Protection) that regulate the protection of public views based upon
the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the
coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -4. Where appropriate, require new development to provide view easements
or corridors designed to protect public coastal views or to restore public coastal views in
developed areas.
Policy 4.4.1 -6. Protect public coastal views from the following roadway segments... Ocean
Boulevard. (Figure 4 -3 of the CLUP identifies the intersection of Carnation Avenue and
Ocean Boulevard as a "view point. ")
Policy 4.4.1 -7. Design and site new development, including landscaping, on the edges of
public coastal view corridors, including those down public streets, to frame and accent
public coastal views.
Policy 4.4.2 -2. Continue to regulate the visual and physical mass of structures consistent
with the unique character and visual scale of !Newport Beach.
Policy 4.4.2 -3. implement the regulation of the building envelope to preserve public views
through the height, setback, floor area, lot coverage, and building bulk regulation of the
Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize
public view opportunities.
A public view presently exists over the southeastern portion of the site from Ocean
Boulevard and Carnation Avenue to the south and southwest between the existing 14 -unit
apartment building and improvements on the adjoining property to the southeast. The
siting of the proposed building would provide a greater separation between these
properties than exists today. Presently, the horizontal view window measures 25 degrees
and with the project, the view window will increase to 32 degrees. Based upon the visual
simulation prepared by the project architect, the public view from Ocean Boulevard to the
west will also be improved due to the position of the proposed building. Although the
proposed building is taller than the existing building, there is no public view over the
buildings; therefore, the taller building proposed will not impact a public view. The project
is consistent with the 28 -foot building height limit as demonstrated on Sheet A -16 and
verified by staff, and with other building envelope restrictions with the exception of setback
encroachments as proposed. The above -grade encroachment of the building on the
northerly portion of the project site is one -story and does not impact a public view as one
presently does not exist in that location. Other setback encroachments are below the
City of Newport Beach
Planning Commission Resolution No.
Page 11 of 32
grade of the street and would not impact a public view. No other public views exist from
the street through the site due to the position of the current buildings. Therefore, the
proposed project will not have an impact upon existing public views through the site to the
south and west. The recordation of a public view easement to protect the public view over
the site from Ocean Boulevard and Carnation Avenue is required as a condition of
approval.
WHEREAS, the proposed project is consistent with the following policies of Chapter
4 (Coastal Resource Protection) as they related to the scenic and visual qualities of the
coastal zone and to minimizing the alteration of the coastal bluff based upon the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the
coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -3 Design and site new development to minimize alterations to significant
natural landfonns, including bluffs, cliffs and canyons.
Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on coastal
bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar
determined to be consistent with the predominant line of existing development or public
improvements providing public access, protecting coastal resources, or providing for public
safety. Permit such improvements only when no feasible alternative exists and when
designed and constructed to minimize alteration of the bluff face, to not contribute to
further erosion of the bluff face, and to be visually compatible with the surrounding area to
the maximum extent feasible.
Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean
Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new
development to be sited in accordance with the predominant line of existing development
in order to protect public coastal views. Establish a predominant line of development for
both principle structures and accessory improvements. The setback shall be increased
where necessary to ensure safety and stability of the development.
Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration of
coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an
alternative location is more protective of coastal resources.
B. Utilizing existing driveways and building pads to the maximum extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
* Designing buildings to conform to the natural contours of the site, and arranging
driveways and patio areas to be compatible with the slopes and building design.
* Utilizing special foundations, such as stepped, split level, or cantilever designs.
G. Detaching parts of the development, such as a garage from a dwelling unit.
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City of Newport Beach
Planning Commission Resolution No.
Page 12 of 32
H. Requiring any altered slopes to blend into the natural contours of the site.
The predominant line of existing development for the for the project site is 28.3 feet above
mean sea level based upon the pattern of development on the bluff face including those
structures located on Carnation Avenue, the project site and development on Ocean
Boulevard including the Channel Reef Condominium development. The redesigned project
is consistent with CLUP Policies 4.4.3 -8 and 4.4.3 -9 as it is above this elevation.
Additionally, the revised project further minimizes alteration of the bluff and protects the
view of and scenic quality of the coastal bluff as required by CLUP policies 4.4.1 -1, 4.4.1 -2
and 4.4.1 -3 by not building to the predominant line of existing development. Development
within the predominant line of existing development utilizes the flattest portion of the lot
and although it would occupy areas outside the existing building pads, it would be more
protective of the coastal bluff by avoiding development to the predominant line of existing
development. Lastly, the project is required to blend any altered slopes outside of the
building footprint to blend them into the natural contours of the site.
WHEREAS, the granting of the Modification Permit application is necessary
due to practical difficulties associated with the property and that the strict application of the
Zoning Code results in physical hardships that are inconsistent with the purpose and intent
of the Zoning Code for the following reasons:
The site is irregular in shape, has steep topography and has submerged lands which make
it difficult to design a project at the density proposed while providing required parking.
Approximately 65% of the site is submerged or has slopes in excess of 50 %. The need to
provide on -site parking requires that a significant portion of the building area be allocated
for the parking garage, thereby reducing available area for residential units. The required
side yard setback is also larger than the required front yard setback and the application of
this standard represents a practical difficulty given the relatively small buildable area
available on the entire site.
WHEREAS, the granting of the Modification Permit will be compatible with the
existing development in the neighborhood for the following reasons:
The requested encroachments within the front yard will be entirely subterranean and will
not be visible. The encroachments within the side yard on levels below the street will also
not be visible. The side yard setback encroachment on Level 4 (above the street) provides
a T -6" setback for approximately 57.5% of the length of the building and 5' for
approximately 42.5% of the length of the building. The larger setback is closer to the
street. On Levels 5 and 6 above the encroachment on Level 4, the project provides a 28 to
30 -foot setback in excess of the minimum 10' -7" setback. This increased setback provides
an enhanced separation of building masses of the project building and the single - family
home to the north. This increased setback provides private views over the building from
upper levels of residences across Carnation Avenue and enhanced building articulation as
suggested by General Plan policy.
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City of Newport Beach
Planning Commission Resolution No. _
Page 13 of 32
WHEREAS, the granting of the Modification Permit application will not adversely
affect the health or safety of persons residing or working in the neighborhood of the
property and will not be detrimental to the general welfare or injurious to property or
improvements in the neighborhood for the following reasons:
The setback encroachments are predominantly subterranean and the above -ground
encroachments are off -set with increased setbacks above grade and they do not block
public views.
WHEREAS, Tract Map No. 2005 -004 (Tf16882) can be approved based upon the
following findings:
1. The modified project is consistent with the current land use designation including the
proposed amendment. The project is consistent with Land Use Element Policy LU5.1.9
regarding the character and quality of multi - family residential development. The project
is consistent with Land Use Element and Natural Resources Element policies related to
the protection of public views, visual resources, coastal bluffs and other natural
resources based upon the project's consistency with the Coastal Land Use Plan. The
site is not subject to a specific plan. Minimum lot sizes established by the Zoning
Ordinance are also maintained as required by the City Subdivision Code. The tentative
tract map, pursuant to the conditions of approval, is consistent with the Newport Beach
Subdivision Code (Title 19) and applicable requirements of the Subdivision Map.
2. The buildable area of the site is relatively small compared to the entire 1.4 acre site.
The site is not likely to be subject to coastal erosional processes or hazards during the
75 year economic life of the project. No earthquake faults were found on -site and there
is not likely to be and incidence of landslide, lateral spreading, subsidence, liquefaction,
or collapse on -site or near the site given on -site soils conditions. These factors indicate
that the site is suitable for development.
3. The design of the subdivision and proposed improvements subject to conditions of
approval will not cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat based upon the Mitigated Negative
Declaration (SCH##2007021054) and the adoption of mitigation measures as conditions
of project approval.
4. The tract map would subdivide airspace for residential condominium purposes and is
not expected to cause serious public health problems given the use of typical
construction materials and practices. No evidence is known to exist that would indicate
that the proposed subdivision will generate any serious public health problems. All
mitigation measures as outlined in the Mitigated Negative Declaration and the Building,
Grading and Fire codes will be implemented to ensure the protection of public health.
5. The proposed subdivision will not conflict with easements, acquired by the public at
large, because a utility and sewer easement that affects the site is presently not in use
and can be abandoned. The design of the proposed subdivision will not impact an
.tl�'1
City of Newport Beach
Planning Commission Resolution No.
Page 14 of 32
existing storm drain easement and storm drain as proposed improvements will not
encroach upon the existing easement. The storm drain easement will appear on the
final map. Public utility easements for utility connections that serve the project site are
present and will be modified, if necessary, to serve the proposed project.
6. The site is not subject to a Williamson Act contract
7. The property is not located within the boundaries of a specific plan;
8. The subdivision is subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards depending on
location and climate. The Newport Beach Building Department enforces Title 24
compliance through the plan check and field inspection processes. The site has a
western exposure and incorporates curved roof elements that will provide some
shading of windows and passive solar cooling. Significant exterior wall segments are
below grade which will benefit from passive cooling.
9. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing needs although the proposed subdivision will have the effect of
reducing the residential density on the site from 15 units to 9 units. The reduction is
insignificant given the City's current housing supply. Although the reduction in units
does not assist the City in reaching its production goals, no affordable housing units are
being eliminated based upon the fact that the project was not occupied by low or
moderate income households. The reduction in density is consistent with existing
density limitations of the Municipal Code.
10. Wastewater discharge into the existing sewer system will be consistent with existing
residential use of the property, which does not violate Regional Water Quality Control
Board (RWQCB) requirements.
11.The proposed subdivision is entirely within the coastal zone and the site is not
presently developed with coastal- related uses, coastal- dependent uses or water -
oriented recreational uses that would be displaced by a non - priority use. The project
site is constrained by topography and public access exists nearby making on -site
vertical and lateral access unnecessary. Public access to the area is enhanced as a
result of increasing public parking opportunities on Carnation Avenue afforded by 3 on-
street parking spaces to be added with closure of existing driveway curb cuts. The
position of the proposed building enhances public views from Ocean Boulevard and
Carnation Avenue by increasing the view angle between the development on the
project site and adjacent development. The modified project developed in accordance
with the conditions of approval will minimize alteration of the coastal bluff and preserve
the scenic and visual quality of the coast by preserving the bluff below the 52 -foot MSL
elevation. Lastly, the project will not impact sensitive marine resources with the
implementation of the conditions of approval.
V�I\
City of Newport Beach
Planning Commission Resolution No.
Page 15 of 32
WHEREAS, the project would demolish 15 dwelling units within the Coastal Zone
within 2 buildings and pursuant to Chapter 20.86 of the Zoning Code, demolished units
occupied by low or moderate income households must be replaced if such replacement is
determined to be feasible. The 15 units are not occupied by low or moderate income
households, and therefore, no replacement units are required. Households potentially
meeting the low or moderate income limits were not evicted for the purpose of avoiding a
replacement requirement within the previous 12 months.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) (SCH No.
2007021054) have been prepared in compliance with the Environmental Quality Act
(CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was
circulated for public comment between January 10, 2007 and March 15, 2007. During the
February 22, 2007, public hearing comments on the adequacy of the environmental
document were received by the Planning Commission. Those comments led to revisions to
the draft MND. The revisions provide additional project information and clarification and no
new environmental impacts were identified. Revised mitigation measures were identified
that provide equivalent or superior environmental protection and, therefore, recirculation is
not required. The contents of the revised environmental document have been considered
in prior to rendering of the various decisions on this project. It has been determined that
the revised MND adequately describes the potential impacts of the project.
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no
known substantial adverse affects on human beings that would be caused. Additionally,
there are no long -term environmental goals that would be compromised by the project, nor
cumulative impacts anticipated in connection with the project. The mitigation measures
identified are feasible and reduce potential environmental impacts to a less than significant
level. The mitigation measures are applied to the project and are incorporated as
conditions of approval.
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time consuming.
In addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach does hereby
find, on the basis of the whole record, that there is no substantial evidence that the project will
have a significant effect on the environment and that the Mitigated Negative Declaration
reflects the Planning Commission's independent judgment and analysis. The Planning
Commission hereby recommends that the City Council adopt Mitigated Negative
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City of Newport Beach
Planning Commission Resolution No. _
Page 16 of 32
Declaration SCH No. 2007021054 included therewith. The document and all material
which constitute the record upon which this decision was based are on file with the
Planning Department, City Halt, 3300 Newport Boulevard, Newport Beach, California.
Section 2. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2005 -006
per Exhibit "A ", Coastal Land Use Plan Amendment No. 2005 -002 per Exhibit `B ", Code
Amendment No. 2005 -009 per Exhibit "C; and approve Tentative Tract Map No. 2005 -004
(Tract 16882), Modification Permit No. 2005 -087 and Coastal Residential Development
Permit No. 2005 -002 (PA 2005 -196) subject to conditions of approval attached as Exhibit
„D„
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF APRIL 2007.
LPG
M
Jeffery Cole, Chairman
Robert Hawkins, Secretary
AYES:
NOES:
ABSENT:
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City of Newport Beach
Planning Commission Resolution No.
Page 17 of 32
Exhibit "A"
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City of Newport Beach
Planning Commission Resolution No.
Page 18 of 32
Exhibit "B"
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City of Newport Beach
Planning Commission Resolution No.
Page 19 of 32
Exhibit "C"
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City of Newport Beach
Planning Commission Resolution No. _
Page 20 of 32
Exhibit "D"
CONDITIONS OF APPROVAL
Tentative Tract Map No. 2005 -004 (Tract 16882), Modification Permit No. 2005 -087
(Project - specific conditions are in italics)
Planning Department
1. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this
permit. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
2. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
3. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
4. The development shall be in substantial conformance with the approved plans stamped
and dated May 4, 2007, except as modifred by the conditions of approval.
5. Project approvals except the Tentative Tract Map shall expire unless exercised within
24 months from the effective date of approval as specified in Section 20.91.050A of
the Newport Beach Municipal Code. Reasonable extensions may be granted by the
Planning Director in accordance with applicable regulations. The Tentative Tract Map
shall expire within 36 months from the date of approval unless extensions are granted
prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map
Act.
6. The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
7. deleted
8. Prior to the issuance of a grading or building De rmit. the applicant shall provide the City
with a performance bond or its equivalent to ensure timely completion of all shoring and
retaining wall improvements represented on plans and drawings submitted for permit
approval, or for restoration of excavated and otherwise disturbed portions of the site in
the event construction of improvements consistent with project approval is abandoned.
The performance bond or its equivalent shall be in 100% of the cost of such
improvements, shag be issued with the City as beneficiary by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
lbo
City of Newport Beach
Planning Commission Resolution No.
Page 21 of 32
in the State of California and shall have an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class Vll (or larger) in accordance with the latest
edition of Bests Key Rating Guide unless otherwise approved by the City Risk Manager.
The bond or equivalent shall be released upon completion of construction of the shoring
and retaining wall improvements.
9. Prior to the issuance of a grading or building permit for new construction, the
applicant shall execute a waiver of all claims against the City for future liability or
damage resulting from the approval to build the project. The form and content of the
waiver shall be in a form acceptable to the office of the City Attorney and the waiver
shall be recorded against the property in question.
10. Prior to the issuance of a building permit, the applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Director.
The site shall not be excessively illuminated as excessive illumination may be
determined consistent with the luminance recommendations of the Illuminating
Engineering Society of North America or by the Planning Director in the event the
illumination creates an unacceptable negative impact on surrounding land uses or
environmental resources.
11. Prior to the issuance of a building permit, a landscape and irrigation plan prepared by
a licensed landscape architect shall be submitted for Planning Commission review
and shall be subject to Planning Commission approval. The plans shall incorporate
drought tolerant plantings and water efficient irrigation practices. All planting areas
shall be provided with a permanent underground automatic sprinkler irrigation system
of a design suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or an
on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier. Landscaping
shall be located so as not to impede vehicular sight distance to the satisfaction of the
Traffic Engineer. The proposed landscaping adjacent to the back of sidewalk shall be
designed with provisions that will prevent irrigation and /or other runoff from spilling
onto the sidewalk.
12. Prior to the issuance of a building permit, the developer shall pay a park dedication in-
lieu fee of $6,894.37 per unit.
13. Prior to the issuance of a building or rr�na Permit, a waiver of future shoreline
protection during the economic life of the structure (75 years) shall be recorded
against the property. The waiver shall be binding upon all future owners and
assignees. The waiver shall be reviewed and approved by the City Attorney prior to
recordation.
14. Prior to issuance of the certificate of occupancy or final of building_ permits, the
applicant shall schedule an evening inspection by the Code Enforcement Division to
confirm control of light and glare. The Planning Director may order the dimming of
City of Newport Beach
Planning Commission Resolution No. _
Page 22 of 32
light sources or other remediation upon finding that the site is excessively illuminated.
15. Prior to issuance of a certificate occuoancv for the project, the applicant shall install a
public bench within the public right-of-way as depicted on the site plan. The specific
design and location of the bench shall be approved by the Public Works, Planning
and General Serviced Departments prior to installation.
16. Prior to the issuance of a certificate of occu anc , the applicant shall schedule an
inspection by the Code and Water Quality Enforcement Division to confirm that all
landscaping materials and irrigation systems have been installed in accordance with
the approved plans.
17. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds
and debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on -site lighting shall be shielded and confined within site boundaries. No direct rays
or glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance.
19. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
20. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water
Quality Enforcement Division of the City Manager's Office shall visit the location,
investigate, inform resident if possible, leave a note and in some cases shut -off the
water.
21. Watering should be done during the early morning or evening hours to minimize
evaporation (between 4:00 p.m. and 9:00 a.m., the following morning).
22. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office and the applicant or future owners
shall complete all required repairs.
23. The applicant shall be responsible for the payment of all administrative costs identified
by the Planning Department within 30 days of receiving a final notification of costs or
prior to the issuance of a Building Permit.
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City of Newport Beach
Planning Commission Resolution No. _
Page 23 of 32
24. All altered slopes that are outside of the building envelope shall be contoured to
resemble the existing natural terrain.
25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the AERIE
Project including, but not limited to, the approval of General Plan Amendment No.
2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Code Amendment No.
2005 -009, Tentative Tract Map No. 2005 -004 (Tract 16882), Modification Permit No.
2005 -087 and Coastal Residential Development Permit No. 2005 -002 collectively
referred to as PA 2005 -196; and /or the City's related California Environmental Quality
Act determinations, the adoption of a Mitigated Negative Declaration and a Mitigation
Monitoring Program for the AERIE Project. This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and /or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicant shall pay to the City upon demand
any amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
26. The project shall incorporate and implement an emergency power backup system so
the vehicle lifts will operate during a power outage.
27. Remote control operators for the vehicle elevators, in quantities equal to the number of
parking spaces assigned to each dwelling unit, shall be provided to occupants of the
respective units. The project shall incorporate an external indicating system to alert
drivers which vehicle elevator will be available for immediate use. The vehicle elevator
system shall be designed and maintained to return the elevator cars to the street level
when not in use. The vehicle elevator system shall be maintained for efficient use
throughout the life of the project.
28. Vehicle parking and maneuvering areas shall be restricted to the parking of operable
vehicles and shall not be used for storage of any kind including the long -term storage of
vehicles not in regular use.
29. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on
weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m.
City of Newport Beach
Planning Commission Resolution No. _
Page 24 of 32
30. Idling of construction vehicles and equipment shall be limited to the extent feasible.
Construction vehicles and equipment shall be properly operated and maintained and
shall be turned off when not in use for more than five (5) minutes.
31. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
Fire Department
32. One gurney- accommodating elevator shall be provided in accordance with Chapter 30
of the California Building Code within the project that must access each level.
33. A Class M standpipe system shall be provided at the private dock in accordance with
Newport Beach Fin; Department guidelines.
34. A public fire hydrant shall be provided at the comer of Carnation Avenue and Ocean
Boulevard. The hydrant shall be installed and tested prior to occupancy of the project,
unless required earlier by the Fire Department
35. A fire alarm system with fire control room shall be provided within the project.
Monitored Automatic fire sprinklers shall be required for the entire structure to meet
NFA13, 199 Edition and in accordance with Newport Beach Fire Department
requirements. Shut -off valves and a watertlow device shall be provided for each unit A
Class 1 standpipe shall be provided at every level at all stairs. Standpipe and sprinklers
may be a combination system.
36. The project shall provide pressurized exit enclosures and vestibules in accordance
with the Building Code. Enclosures shall be a minimum two -hour fire rated
construction.
37. Approved numbers or addresses shall be placed on all new and existing buildings in
such a position that is plainly visible and legible from the street or road fronting the
property. Said numbers shall be of made of non - combustible materials, shall contrast
with their background, and shall be either internally or externally illuminated to be
visible at night. Number shall be no less than six inches in height with a one -inch
stroke.
Public Works
38. All parking stall dimensions shall comply with City's Standard Drawings STD - 805 -L -A.
39. Driveway /drive aisle slopes shall comply with City Standard STD - 160 -L -C, which
accommodate a 15 percent maximum slope and a maximum change in grade of 11
percent. The building plans shall show detailed profile of each of the proposed
driveways.
City of Newport Beach
Planning Commission Resolution No.
Page 25 of 32
40. Project driveways must conform to the City's sight distance standard 110 -L. The
design shall be reviewed and approved by the City Traffic Engineer.
41. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
42. Construction surety in a form acceptable to the City, guaranteeing the completion of
the various required public improvements and repairs, shall be submitted to the
Public Works Department for City Council approval prior to the issuance of Public
Works Department encroachment permit.
43. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
44. A water demand, a storm drain system capacity, and a sanitary sewer system
capacity study shall be submitted to the Public Works Department along with the first
building plan check submittal. The recommendations of these studies shall be
incorporated as a part of the submitted plans.
45. Street, drainage and utility improvements within the public right -of -way shall be
submitted on City standard improvement plan formats. All of the plan sheets shall be
wet sealed, dated, and signed by the California registered professionals responsible
for the designs shown on said plans.
46. All new landscaping within the public right -of -way shall be approved by the General
Services Department and the Public Works Department.
47. The applicant shall submit detail plans for the on -site drainage system($) to
demonstrate that it will prevent the underground garage from being flooded during
storm events.
48. The Developer shall file one (1) Final Tract Map (Map).
49. The roadway cross section shown on the Map with a 110 -foot right -of -way width
should be labeled as "Ocean Boulevard ".
50. The Map shall be prepared on the California coordinate system (NAD88). Prior to
Map recordation, the surveyor /engineer preparing the Map shall submit to the County
Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner
described in the Orange County Subdivision Code and Orange County Subdivision
Manual. The Map to be submitted to the City of Newport Beach shall comply with the
City's CADD Standards. Scanned images will not be accepted.
51. Prior to recordation, the Map boundary shall be tied onto the Horizontal Control
System established by the County Surveyor in a manner described in Sections 7 -9-
330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be
City of Newport Beach
Planning Commission Resolution No. _
Page 26 of 32
set On Each Lot Corner unless otherwise approved by the City Engineer.
Monuments shall be protected in place if installed prior to completion of construction
project.
52. The applicant's request to vacate the existing sewedutilities easement shall be
approved by the City Utilities Department prior to the issuance of a building permit or
the recordation of the final tract map. The existing private ingress/egress easement
with the same width, length, and alignment as the existing sewer /utilities easement
shall be vacated or permission from the beneficiaries of the private easement shall be
documented prior to the issuance of a building permit o the recordation of the final
tract map.
53. A 5 -foot wide public sewer and utilities easement as measured from the centerline of
the existing sewer main fronting the development site shall be recorded against the
property. The applicant shall prepare and submit the legal description for said
easement for City review and approval.
54. All easements of record shall be recorded as a part of the Final Map.
55. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
56. The sidewalk portion of the proposed new driveway approach shall be constructed
with 2% cross -fall per City Standards.
57. Temporary construction sheet piles shall be installed to protect all existing storm drain
and sanitary sewer mains within and adjacent to the development site.
58. No structures or construction tie -backs shall be constructed within the limits of any
easements or public right -of -way without the approval of an Encroachment
Agreement and Permit.
59. Full -width concrete sidewalk and curb and gutter shall be constructed along the
length of the Carnation Avenue and Ocean Boulevard frontages. The new sidewalk
shall join the existing sidewalk in front of 2509 Ocean Boulevard.
60. New concrete curbs shall be dowelled into sound concrete roadway pavement.
61. Trees shall not be installed at locations where mature tree roots could damage the
existing City sewer main.
62. The plans suggested there will be a 40 -foot (40) drop from the top of proposed
perimeter /retaining walls along the Carnation Avenue property line to the garden
below. The proposed top of wall is shown on the Plans as 95" above the sidewalk
finish surface. Adequate safety provisions for pedestrians and WB Ocean Boulevard
City of Newport Beach
Planning Commission Resolution No.
Page 27 of 32
vehicle traffic shall be shown on building plans along the length of said walls and shall
be implemented throughout the life of the project.
63. Each dwelling unit shall be served by its individual water service and sewer lateral
connection and cleanout.
64. All utility connections shall be placed underground in accordance with the Subdivision
Code.
65. The garage space for Unit 8 on the basement level shall be relocated across the
parking aisle from Guest Parking 4 as the removal of the garage wall from this side of
Parking Level 2 will provide enhanced maneuvering area for vehicles.
66. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review and approval by the Traffic Engineer and any
corrections /modifications shall be made to the satisfaction of the Traffic Engineer.
67. All non - standard improvements within the public right -of -way would require an
Encroachment Agreement and Encroachment Permit.
68. Curb cuts within the public right -of -way leading to the pedestrian walkways shall not
be permitted. Standard curb, gutter and sidewalk shall be installed.
69. Gates shall not be designed to open out into the public right -of -way.
70. Raised planters shall not be permitted within the Public right -of -way. Planting
adjacent to the curb shall accommodate a vehicle car door opening. Project
landscape plans shall provide details of the planters and shall be reviewed and
approved by the Public Works Department prior to the issuance of a building permit.
71. The driveway approaches within the public right -of -way shall be shall be narrowed to
the width of garage openings they serve. Six -inch curbs shall have a 3 foot flare.
Drive approaches shall be modified to comply with ADA requirements.
72. Planters adjacent to the freight elevators shall be pulled back from the Carnation
Avenue property line two feet to improve vehicle maneuvering. Planters in the front
yard shall not encroach into the projection of the garage door edge.
73. No structural support column shall be located in the middle of the driveway leading to
the parking area located on Level 4.
74. The loading area adjacent to the ADA accessible stall shall be 8 -foot wide.
75. Prior to the issuance of a building permit, the applicant shall prepare a study of the
existing drainage area and catch basin in Carnation Avenue to determine the
appropriate size of catch basin. The developer shall enlarge the existing catch basin
accordingly.
1,N
City of Newport Beach
Planning Commission Resolution No. _
Page 28 of 32
76. Prior to the issuance of the building permit, Public Works Department plan check and
inspection fee shall be paid.
77. Prior to the issuance of agradingor building permit, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of large
vehicles. The plan shall include a haul route plan for review and approval of the
Public Works Department. Said plan shall specify the routes to be traveled, times of
travel, total number of trucks, number of trucks per hour, time of operation, and
safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles
shall not be permitted to travel narrow streets and alleys as determined by the Public
Works Department. Traffic control and transportation of equipment and materials
shall be conducted in accordance with state and local requirements. The plans shall
include a provision that maintains the public right -of -way open to vehicular and
pedestrian traffic after working hours daily.
78. Where vehicles leave the construction site and enter adjacent public streets, any
visible track -out extending for more than fifty (50) feet from the access point shall be
swept within thirty (30) minutes of deposition.
79. Prior to commencement of demolition and grading, the applicant shall submit to the
City calculations showing the proposed travel route for haul trucks, the distance
traveled, and how many daily truck trips that can be accommodated to ensure that
the daily cumulative miles traveled is below the assumed total vehicle miles traveled
in the quantitative air quality assessment of the Mitigated negative declaration.
Building Department
80. The applicant is required to obtain all applicable permits from the City of Newport
Beach. The construction plans must comply with the most recent, City- adopted version
of the California Building Code. The facility shall be designed to meet fire protection
requirements and shall be subject to review and approval by the Newport Beach
Building and Fire Departments.
81. The proposed project shall conform to the requirements of the Uniform Building Code,
any local amendments to the UBC, and State Disabled Access requirements, unless
otherwise approved by the Building Department.
82. County Sanitation District fees shall be paid prior to issuance of any building permits.
83. Prior to the issuance of the grading permit, a Stormwater Pollution Prevention Plan
(SWPPP) shall be prepared and approved by the City of Newport Beach as the local
permitting agency in accordance with the requirements of the Regional Water Quality
Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or
minimize stormwater pollution prior to, and during construction. The SWPPP shall
require construction to occur in stages and stabilized prior to disturbing other areas and
City of Newport Beach
Planning Commission Resolution No.
Page 29 of 32
require the use of temporary diversion dikes and basins to trap sediment from run -off
and allow clarification prior to discharge.
84. Prior to the issuance of the grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff. The
plan shall identify the types of structural and non - structural measures to be used. The
plan shall comply with the Orange County Drainage Area Management Plan (DAMP).
Particular attention should be addressed to the appendix section "Best Management
Practices for New Development." The WQMP shall clearly show the locations of
structural BMP's, and assignment of long term maintenance responsibilities (which
shall also be included in the Maintenance Agreement). The plan shall be prepared to
the format of the DAMP title "Water Quality Management Plan Outline" and be
subject to the approval of the City.
85. Prior to the issuance of the grading or building permit, the applicant shall obtain a
NPDES permit. The applicant shall incorporate storm water pollutant control into
erosion control plans using BMPs to the maximum extent possible. Evidence that
proper clearances have been obtained through the State Water Resources Control
Board shall be given to the Building Department prior to issuance of grading permits.
86. Prior to the issuance of the gradin pq ermit, the applicant shall submit evidence to the
City Building Official that the applicant has obtained coverage under the NPDES
statewide General Construction Activity Stormwater Permit from the State Water
Resources Control Board.
87. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Building Official, to demonstrate compliance with local and state water quality
regulations for grading and construction activities. The ESCP shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be properly covered, stored, and secured to
prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal
erosion, or dispersion. The ESCP shall also describe how the applicant will ensure
that all Best Management Practices (BMPs) will be maintained during construction of
any future public right -of -ways. A copy of the current ESCP shall be kept at the
project site and be available for City of Newport Beach review on request. The ESCP
shall include and require the use of soil stabilization measures for all disturbed areas.
88. Prior to issuance of the grading permit, the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City -
adopted version of the Uniform Building Code.
89. Prior to issuance of the grading Permit, a geotechnical report shall be submitted with
construction drawings for plan check. The Building Department shall ensure that the
�pVI
City of Newport Beach
Planning Commission Resolution No. _
Page 30 of 32
project complies with the geotechnical recommendations included in the preliminary
geologic investigation as well as additional requirements, if any, imposed by the
Newport Beach Building Department.
90. Prior to issuance of the building permit, school impacts fees will be paid to the
Building Department to assist in funding school facility expansion and educational
services to area residents.
Mitigation Measures from the Mitigated Negative Declaration
91. Mitigation Measure 111 -1 — During grading activities, any exposed soil areas shall be
watered at least four times per day. Stockpiles of crushed cement, debris, dirt or
other dusty materials shall be covered or watered twice daily. On windy days or
when fugitive dust can be observed leaving the proposed project site, additional
applications of water shall be applied to maintain a minimum 12 percent moisture
content as defined by SCAQMD Rule 403. Soil disturbance shall be terminated
whenever windy conditions exceed 25 miles per hour.
92. Mitigation Measure 111 -2 — Truck loads carrying soil and debris material shall be
wetted or covered prior to leaving the site. Where vehicles leave the construction site
and enter adjacent public streets, the streets shall be swept daily.
93. Mitigation Measure 111 -3 — All diesel powered machinery exceeding 100 horsepower
shall be equipped with soot traps, unless the Contractor demonstrates to the
satisfaction of the City Building Official that it is infeasible.
94. Mitigation Measure 111 -4 — The construction contractor shall time the construction
activities, including the transportation of construction equipment vehicles and
equipment to the site, and delivery of materials, so as not to interfere with peak hour
traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag
person shall be retained to maintain safety adjacent to existing roadways, if deemed
necessary by the City.
95. Mitigation Measure 111 -5 — The construction contractor shall encourage ridesharing
and transit incentives for the construction workers.
96. Mitigation Measure 111 -6 — To the extent feasible, pre- coated/natural colored building
materials shall be used. Water -based or low VOC coatings shall be used that comply
with SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or
manual coatings application such as paint brush, hand roller, trowel, etc. shall be
used to reduce VOC emissions, where practical. Paint application shall use lower
volatility paint not exceeding 100 grams of ROG per liter.
97. Mitigation Measure V -1 — During excavation and grading of the site, paleontological
monitoring shall be conducted by an experienced monitor under the direction of the
project paleontologist. If fossil remains are found by the monitor, earthmoving shall
City of Newport Beach
Planning Commission Resolution No.
Page 31 of 32
be diverted temporarily around the fossils until the remains have been recovered and
the monitor agrees to allow earthmoving, to proceed.
98. Mitigation Measure Vlll -1: The developer shall be responsible for
replacement/upsizing of the Camation Avenue storm drain, to provide suficient
capacity for the added runoff generated by this project, as well as existing runoff from
the rest of the tributary area to this drain. It shall satisfy the appropriate storm -year
design criteria established by the City Engineer. This storm drain reconstruction shall
include appropriate urban runoff filtration elements, to reduce potential water pollution
impacts into Newport Harbor. Reconstruction of this storm drain shall occur outside
of the rainy season.
99. Mitigation Measure iX -1 —The property owner(s) shall execute and record a waiver of
future shoreline protection for the project prior to the issuance of a building permit.
Said waiver shall be subject to the review and approval of the City Attorney.
100. Mitigation Measure 1X - -2 — The applicant shall dedicate a view easement as depicted
on Exhibit J within the AERIE project overview prepared by the project architect;
however, it would only affect the project site. Structures and landscaping within the
easement area shall not be permitted to block public views. The easement shall be
recorded prior to the issuance of a building permit for new construction and shall be
reflected on the final tract map.
101. Mitigation Measure IX -3 — Accessory structures shall be relocated or removed if
threatened by coastal erosion. Accessory structures shall not be expanded and
routine maintenance of accessory structures is permitted.
102. Mitigation Measure iX -4 — Bluff landscaping shall consist of native, drought tolerant
plant species determined to be consistent with the Califomia coastal buff
environment. Invasive and non - native species shall be removed. Irrigation of bluff
faces to establish re- vegetated areas shall be temporary and used only to establish
the plants. Upon establishment of the plantings, the temporary irrigation system shall
be removed.
103. Mitigation Measure XV -1: Prior to commencement of each major phase of
construction, the Contractor shall submit a construction staging, parking and traffic
control plan for approval by the City Engineer. This plan shall identify the proposed
construction staging area(s), construction crew parking area(s), estimated number
and types of vehicles that will occur during that phase, the proposed arrivalldeparture
routes and operational safeguards (e.g. flagmen, barricades, shuttle services, etc.)
and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic
periods, displacement of on -street parking and to ensure safety. Construction traffic
routes shall be included and shall avoid narrow residential streets, unless there is no
alternative, and shall not include any streets where some form of construction is
underway within or adjacent to the street that would impact the efficacy of the
<_\
Exhibit #4
Revised project plans
(Separate roll of plans)
�ti�
Exhibit #5
Predominant line of existing development
exhibits prepared by staff
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Exhibit #6
Additional elevation /grade material
submitted by the applicant
\' 5
PLANNING
ENGINEERING
SURVEYING
GOVERNMENT RELATIONS
IRVINE
LOS ANGELES
RIVERSIDE
SAN DIEGO
FOUNDING PARTNERS:
RICHARD HUNSAKER
TOM R. WGANNON
JOHN A. MICHLER
DOUGLAS G. SNYDER
PRINCIPALS:
DAVID FRATTONE
FRED GRAYLEE
BRADLEY HAY
PAUL HUDDLESTON
KAMAL H. KARAM
DOUGLAS L. STALEY
KRIS WEBER
JOSEPH E. WIGHTMAN
Three Hughes
Irvine, California
92618 -2021
(949) 583 -10IG PH
(949) 583 -0759 FX
www.hunsakerxom
HUNSAKER
&ASSOCIATES
I R V I N E, I N C.
April 12, 2007
Mr. James Campbell
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: ELEVATION CERTIFICATION
Dear Mr. Campbell,
This is to certify that the elevations shown on attached Exhibits A -1
through H, inclusive, are the result of a survey performed by me, or under
my direct supervision in April of 2007. Elevations are based on local
United States Coast and Geodetic Survey Benchmarks in the Area and
are derived from the North American Vertical Datum of 1988.
Elevation established on Dirt or Sand are shown to the nearest 0.1',
elevations on Concrete are to the nearest 0.01'.
If you should have any questions regarding the attached information
please do not hesitate to call me at (949) 458 -5493.
Sincerely,
Hunsaker & Associates Irvine, Inc.
Bruce F. Hunsaker, PLS 5921
Manager, Field Survey Department
My License Expires: December 31, 2008
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Exhibit #7
Draft MND (separate cover)