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HomeMy WebLinkAboutIS022_BAYVIEW TERRACE Illlllh IIII III I�h MINI IIIII IIII� Iql �I IIII Iga22 WOO- NOT TO BE P!;!,• !..,,J. IN G:r;•,.,:v ri;_: t:3. COURT OF APPLAL FOURTIT DISTRICT 1.�` COURT'OF APP51VOURTH DIS. . SECOND DIVISION ' STATE•. OF CALIFOP141A MAY 9` 1972 IuHN R. Mu)b 'cLL, Cierk { _...................................•.. ' Deputy Clerk• ' " •• gw••• P . A. 1 , CASSEL, ) ' Plaintiff, Cross-Defendant and ) 4 Civil 11774 Appellant, ) (Sup.Ct.No.169G06) CITY OF NEWPOTU BEACIV, a I4unicipal ) Corporation, et al. , ) - 0 P I N I 0 Pi Defendants, ,Cross-Complainant§ ) 'T : and Respondents . ) h:. APPEAL from .a judgment of the Superior Court of Orange County..: !Samuel Dreizen, .Judge.I Affirmed. King Crosno for Plaintiff, Cross-nefendant and '• .� Appelhant. Dennis O'Neill, - City Attorney of Newport Beach, by Tully II: Seymour, Special Counsel, 'for Defendants, Cross-Complainants . - and Respondents. In the action below the trial court held that the City of Newport Beach had acquired an easement by dedication for a public walkway fourteen feet in width, extending generally along •the northeasterly edge of plaintiff ' s property and forever restrained plaintiff from claiming any interest in said easement r i? g adverse to defendants or interfering in any manner with the use of the easement by the public. Plaintiff appeals- from the judg- ment asserting the court erred in finding a dedication and in not limiting the easement to twelve feet in height. Plaintiff purchased the property upon which the ease- me nt lies in 1968 from Ii. Betz who had inherited it from her father in 1962. H. Betz ' father owned the property from 1923 until his death in 1962. When the land was acquired in 19231 a fourteen feet wide paved walkway existed upon the northeasterly ' i,portion of the property and so remained until 1968 . During this ;'entire .period large numbers of the general public freely used +•t1 . .,`the fourteen feet walkway as a 'public walkway. Y� S • � � In 1968 , plaintiff removed a six feet strip of the • .:!'walkway and in 1969 erected a fence and installed gates barring public access across; that.portion of the walkway running along ..:; plaintiff 's property. on the same day the defendantsremoved the •: - gates and plaintiff brought this action to enjoin defendantsfrom . ?,ur ''• interfering with plaintiff's blockade of the walkway. Defendants prevailed on their answer and cross-complaint. ' g t, In plaintiff 's argument he distinguishes between a i -six feet strip of the walkway and an eight feet strip. Such distinction is not necessary to our disposition. 1/ The six feet 'portion was reserved to the original grantor to he used as a 'public walkway. - This may have been quitclaimed back to the owner in 1968 . , -2- An implied dedication to the public use .is established where the public has used the land for a period of more than five years with .full knowledge of the owner, without asking or receiving permission to do so and without objection being made by anyone. (Lion v. Cit ' of Santa Cruz , 2 Cal. 3d 29 , 38-39 . ) Ilere, there was substantial evidence of heavy, - con- tinuous and unrestricted general public use of the fourteen feet walkway'.from 1923 to 1b63, a period well in excess of five years. From 1923 to 1968 , the owners had full knowledge of the public ; use and only one attempt was made during the entire forty-five :years which could- be construed as an act by the owner incon- sistent with dedication. 'In 1930, the owner embedded tLo brass plates in the walkway. Each plate announced that arevocable license was 'being given over private property. Hot tar was shortly. thereafter placed over the plates by the owner to obliterate their message as he had been advised by counsel that he had no ownership in- ' terest in the walkway. The' tar continued to secrete the plates for at least .ten years. The plates were not physically removed- because it would have involved breaking up the walkway cement in which they were embedded./ The question of whether a revocable license was granted , to the public was a question of fact. (Ginn v. City of Santa Cruz, 2/ In 1963, a tenant of II. Metz placed a small picket fence over a portion of the six feet strip, leaving eight feet . for public passage. The fence was removed in 1968 . Once an implied dedication is completed, subsequent acts of adverse possession by the owner cannot wrest back the land. (Civ.Code, 6 1007; Noble v. Merchants I•Tat. Realty Corp. , 24II Cal.App'. 2d 40, 51. ) supra, 2 Cal. 3d 29 , 40-41. ) The evidence is clear that the owner abandoned his efforts at establishing a permissive use of the i walkway: Even if the owner's activity had not been abandoned, the evidence -discloses that dedication had already occurred by 1928, five years after he had acquired the property in 1923 .' c A His attempt to assert a revocable license for the first time in e. I 1930 was at best a futile act. Even if the owner had not abandoned his 1930 attempt --and there had been no dedication by 1930 , the placing of two brass plates in the sidewalk, without more, would have been but a minimal and ineffectual effort to exclude the public. :,. , Upon the running of the five year period, a dedication as a j matter of law could have been properly found. (Dion v. City of Santa Cruz , s`pra, at p. 41. )3/ Plaintiff also contends that there was uncontradicted evidence that a vertical limitation of twelve feet on the ease- ment was reasonable. The evidence referred to is plaintiff 's ,r :.testimony that a portion of an apartment building at another ' location had been built overhanging the walkway; that he "guessed" it left a twelve feet clearance; and that the overhang did' not impede traffic. The plain tiff expressed a desire to build ' overhanging the easement. The court did not err in its declination to impose a 3/ Plaintiff is in error in arguing that the intent of the potential donor is the crucial issue. When dedication by adverse public use for the prescriptive period is sought to be proven, the inquiry is to the intent and activities of the public rather than the owner. (Gion v. City of Santa Cruz, supra, at p. 38 . ) PP, vertical limitation on the easement as the issue was not raised , in the pleadings and was not disclosed until the closing moments of the trial •testimony, the evidence itself was conspicuously deficient; and a vertical limitation may have adversely affected substantial rights of abutting property owners , not parties to - the action', in easements for light, air and possibly view. (Kitzman v. Newman; 230 Cal .App. 2d 715, 725.) Judgment affirmed. 2!11(^. 2 P.J. We concur: , ,7 �,.• - J. April 12, 1971 ' — - • � i,��_; =% � — �� ',�'.Igewater Place =sse- -rs •. Beach) - -- - own— r -~ IZNi11g the bay near �= - � G-'TG-_ �`��`W ter Place, legally - - Y Z��"ide Tract, and after he acquired in attempting to to construct a =- -- - may/% ;public walkway -P=ace researching the ,)ffice. advised the --, z `t�,\')ng legal claim to property. '`ZNinion, and appealed �-Vtued the decision of ----- -=- - _ = - mil` 'Ile morning Mr. Cassel — _ J ,1 Edgewater Place, t110 sidewalk. The Department on the illegal and constituted Lawsuit seeking an from interfering with _•�s p,--- - � Z i�o sidewalk. The City -- t1\0 complaint for an - _ =ir_e = =��� =�tnt, iaeeking to quiet L•he Cassel property - _ = of =� =e�olo the Honorable Samuel i.ch time the City od that the sidewalk —ous _ � ��r a period of in and =_�; _giunl• Owner of the property ' -- - some that permission to I ' Re: Cassel vs. City -2- April 12, 1971 pass was revocable had subsequently changed his mind, covered the plates with tar, and had permitted the public to use the sidewalk without objection. The City was fortunate in being able to locate long-time residents of the neighborhood who testified that they had used the sidewalks without objection from anyone over a period of many years. I am pleased tb report that the judge ruled in favor .of the . City and determined that the public had acquired an easement by dedication for a public walkway 14 feet in width in front of the three lots owned by Mr. Cassel. Over the years, encroachments have been built into the sidewalk area in front of the properties located between the Cassel property and Adams Street to the east. These encroachments consist of fences, porches and steps. Although this adjudication does not directly affect these properties, the evidence produced in the Cassel case and the court' s judgment indicate that these encroachments arqq located on public property. The encroachments have the effect of (reducing the width of the sidewalk from 14 feet to approximately 8 feet. It is my suggestion that the difficult questions which must be answered regarding public rights of travel, access to the bay and use of beaches in the general area between Main Street and 7th on the peninsula bayfront should be approached on the basis of a comprehensive staff study rather than on a piecemeal basis. We are presently in the process of defining the scope and requirements of such a study, and as soon as we have completed this preliminary work we will present our findings to ,the City Council and request policy direction. TULLY .SEYMC�y� City Attorney . THS:mh Att. cc: City Clerk City Manager Public Works Director Community Development Director t • /4 WIDE PULL/C • ' X11, _ E� � T�d7 _� .. 7 s 9' 13 /2 // '/O 9 B 0 43 La A • .. i�; '•cam .A 4 L 8a�eoA i CITY Y OF NEWPORT lJt.:ACH DRAWN DATE 4-7- 7/ PUBLIC WORKS DEPARTMENT APPROVED � • Aa4il=_, /41WI49E PUBI./G AWWA VM1 E/544,IENI A55rT PUDLIC YIORi<G DIRECTZ a _a.F: 1 �0 .1—� i �/3, BLOG/� 2 DRAWING NO, BAt170A BASi�i�,_: T�i1cr f CITY OF NEWPORT BEACH CITY ATTO1?.NEY DEPARTHENT r April 24j 1969 I.onorable Mayor and : „�ers• of the City Council , :cy Atton-iey s,a ff Report - P. A. Cassel Property, Lots 11, 12, 13, 3iock 2, •Balboa Bayside Tract - Denial of Building 2emit Cassel as owner of the subject properties submitted ive plans to the Planning Department for approval prior flying for a building permit. Thereafter a series of staff sings were held with Mr. Cassel, his architect' and his attorney Eder to resolve a number of issues which arose because of ^z location of the proposed buildings. has been determined that Mr. Cassel's proposed building will ,:omply with all provisions of the Zoning Code except in two respects : 1. The easterly side yard setback was proposed at 4.0 feet. Code required 6 ..9 feet. This deviation has already, been approved at a public hearing before the Modifications Committee 'on March 13, 1969 . , 2 . The front yard setback is shown on the owner' s plans as -0- in the opinion of staff. The Zoning Ordinance requires 7 .0 feet (see Districting i,ap No. 11, Exhibit "A") measured from Edgewater Place right-of-way (not the property line) . This is the sole remaining' point of contention between the owner and the City, insofar as is of a building permit ' is concerned. To : The Honorable Mayor and Members of the City Council -2- April 24, 1969 As indicated in our letter to Mr. Malat (Exhibit "B") , attorney for Mr. Cassel, no building permit will be issued until this matter is .resolved to the satisfaction bf the City. This could I be legally done by either (1)' moving the building 'back 7.0 feet from its presently proposed location; ' (2) obtaining a variance from the Planning Commission to allow the building to be constructed with a -0- setback; (3) exchanging the existing southerly -.7.0 feet of public right-of-way for a 7.0 foot strip of land northerly; ' (4) having the City Council determine that the City does not desire to maintain its 14.0 foot right-of-way; or (5) obtaining a judicial decree that would establish the rights of' the owner and the public. Your review of the letter from the City Attorneys office to Mr. Malat,' dated April 9, 1969, in conjunction with..the sketch which is enclosed herewith (Exhibit "G") , will reveal that the basic issue` is whether or, not the public has a 14.0 foot easement for public highway (walkway) purposes over a portion of Mr. Cassel's property. Our legal determination that the public has a 14.0 foot easement is based upon the following data: 1. The public obtained the southwesterly 6 feet of the 14 -feet by Grant Deed reservation in original deeds to Lots 11, 12 and 13 dated respectively 1911, 1908 and 1911 (attached l . hereto'as Exhibits "C", "D" and "E") . • • To ; The Honorable Mayor and members of the City Council -3- April 24, 1969 2 . The public has obtained the northeasterly 8 feet of the 14 feet, by prescription. Record data (see Ordinance No. 351, Exhibit "F") shows this has been used as a walkway by the public for a minimum of 41 years . Mr. Malat,, in 'our previous meetings, has expressed disagreement with our legal decision by relying upon the following arguments : (1) a brass plate is imbedded in the sidewalk which states that permission"'to pass is revocable by the owner of private property at any time; (2) that the public has not used a full 14 foot walkway in many years in the area bayward of Lots 1-10 located southeasterly of this property; (3) thalt. encroachments have existed into the walkway in front of Lots 1-10; (4) that the 7 ft. se'tbacic should be measured from the front (northeast) property line. A physical examination of the brass plate tends to confirm the statements of neighboring owners that the brass plate has been -installed within the past 10 ,years. In. such event it would not serve to diminish the rights of the public in any way. As to Mr. Malat' s arguments (2) and (3) above, it is true that encroachments do exist bayward of the structure on Lots 1-10. These encroachments are fences and hedges which rest in the public right-of-way. However, the public at any time can assert -its right to the full 14 feet and order the encroaching obstructions removed. The property owners never gain superior rights to 'the To : The Honorable Mayor and ' Members of the City Council -4- April 24, 1969 public property. Finally in -reference to the measurement line for the setback, it should be ported out that normally the property line and right-of-way line are `synonomous . The general purposes for setbacks necessitate that they be measured from the edge of the right-of-way, therefore 'in this instance the measuring point is located seven (7 .0) feet inside Mr. Cassel' s property line. ' As a result of the disagreement, Yrr. Cassel has requested a hearing by the City Council -in order to explain his position. Staff agrees with his right to do so primarily because it is necessary• for him to exhaust his administrative remedies before he attempts to obtain legal relief t'nrough the courts. Based upon the evidence in our possession, we do think it improbable that a court would rule against the position of the City, The City Council is urged to support the legal interpretation rendered by staff and advise Mr. Cassel that compliance therewith will be necessary in order to obtain building permits. In the event the Council determines that a 14 ft. public walkway and access to 'the public waters is not necessary, any portion to be surrendered would have to_ be accomplished through abandonment proceedings. Tully H. Seymour • CityVAttrney '. Y --—f ;•IOOQIRlit�^ Assistant City Attorney TLW:ajr :�'he Butler � � The Butler Roach Group, inc. + 505 Lomas Santa Fe Drive Roach Solana Beath, California 92075 Group 1714/4Bf-9704 December 22, 1982 Fred Talarico Environmental Coordinator City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663-3884 SUBJECT: TRANSMITTAL OF SCREEN CHECK INITIAL STUDY FOR THE REVISED BAYVIEW CENTER DEVELOPMENT Dear Fred: Enclosed are seven (7) copies' of the revised Initial Study for the Bay- view Center development. We have done the revised sections in a slightly different type style than the original report so you may see where the major revisions are. The entire report will be typed in the same type style when it is revised per the Screen Check dom ments. I have also enclosed seven xerox copies of the tabulation from the first page of the full-size plans from the project architect. The only unresolved item in the Initial Study is verification of the site area calculations. If you have any questions, I will be in my office the week between Christmas and New Year's Eve. Merry Christmas! Yours truly, 11 y THE BUTLER ROACH GROUP, INC. Patricia A. Butler PAB/aa Enclosures AWASILLNUMBER PLEASE COMP ILL INFORMATION IN THE 5 BLOCKS OUTLINED IN ORANGE { SEE BACK OF ET FOR COMPLETE PREPARATION INSTRUCTIONS 'I II III�I II' II� IpI11�1�}q''E o. YOJJR FEDERAL EXPRFS ACCOUNT NUMBER r DATE �I� II II III OLI IBI II,{}7µ 00071 til4!^p'�32 A tltr:!##2 ` 'nl {II�Ip' AWF'SIE11µ781U18IWf11HE FROM(YOMNeme) TO(RWIpienYS Neme) If NNM For PkkUp Or Saturday%hA Bacpm PIMA NurAM Petrkis A. W bald Tad 1 COMPANY DEPARTMENTIFLOOR NO. COMPANY go OEPARTMENTIFLOOR NO. t,UwtdlF RUAZ:N- A*SLICLATf'b city STREET ADDRESS I STREET ADDRESS(P.O.BOX NUMBERS ARE NOT,DELIVERABLE) - - 0y LO%Ab :»ANTA VP Ut, 100 N!w 1 and CITY STATE CITY STATE z'fl to SCACH r CA Samah- CA Z'P'0 r�R[LtixW e" IN TENDERING NIS SHIPMENT,SHIPPER AGREES THAT IIP .01IEewaIl YIRI xm 1�E�+xe�j 74 F.E.C.SHALL NOT BE LIABLE FOR SPECIAL INCIOEN- iOR n°lxxmxr ceuvFRr ABLL�. is.32 a •323� Z TAl OR CONSEQUENTIAL DAMAGES ARISING I YOUR NOTE9REFEIENRE NUMBERS(FIRST 12 CHARACTERS WU ALSO APPEAR ON INV010E1 CARRIAGE HEREOF F.E.C. FEDERAL EXPRESS O' CLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH - RESPECT TO THIS SHIPMENT.THIS IS A NON-NEGOTIABLE EAEMHTCHAR6S _.. MOBILL SIIMECT TO CONDITIONS OF CONTRACT SET FORTH ON REVERSE OF SHIPPER'S COPY UNLESS YOU DECLARE A PAYMENT gBIB Shipper ❑BAN ReGplenYs FE.C.Acct. ❑NM 3N Poly F.E.C.ACM. ❑ Okl OWN DOW HIGHER VALUE,THE L ABIUTY OF FEDERAL.EXPRESS COB - PORATION IS LIMITED TO SIDOAO.FEDERAL EXPRESS DNS DECLARED VALUE CRA ❑Cash InASI Am,WnT NunOx/Dual COOK Number NOT CARRY CARGO LIABILITY INSURANCE. SERVICES DELIVERY AND SPECIALHANDLING PACKAGES WEIGHT MECLARE yD 05 EAY.ND. DATEALUE 1 CHECK ONLY ONE BOX (HECK SERVICES REGUIRFD PRIORITY 1 OVERNIGHT LETTER HOLDI FOR PICK-UP AT FOLLO G CASH RECEIVED AGTRPO ADVANCE ORIGIN 10 IDAERNM LMEI(MrAI B0 SEA mzc¢1 M C .FEDERAL EXPRESS LOCATION SHOWN ❑mlax FlYNM31I luo to roLepl IN SERVICE GUIDE RECIPIEENTS COURIER PAN' 70 PHONE NUMBER IS REDUIflED.. p h ,*Kry AGTANIG. AGYAICE DESTINATION B D.miwxnxr maupei BQ DnInA ❑ ."mmj5� . ❑ RE.mmmm, . NPmsIMel 2 B,�yywmNlGm a� rupoxr slmiu rtouwm TO}µ TOTAL STREET ADDRESS OTHER IA�IAms usl 8� 9 soeAw.Iwn awes moues awwerv.I j x61mmD ARON[s SPNFE fP.I wO ❑IUpb61B31 - M BNYaur P<M mM.wn ewplNEMM STANDARD AIR S[] %u lsmm�r s.e.q sum SMPPDTS OOgI CITY STATE DP TOTALCNIAICES mrnroe.ww m+�w ps.I ❑REGULAR STOP B❑w.e aum'wxa .xw g ❑ wn rcs tM. ❑ON-CALL STOP ILe m>G LBM.I F.E. LOC. I"IOV ERNIGRT'IS NEXT BUSI1NESS DAY 7 ❑ OTMPO srto I Mftx E FetleW EMM Corppgfgn RECEIVED BY:{3~1 - FROMDPIASKAHAWAII RSATUPDAY D TWO ELIV. 8 ❑ X kA2Ud1730751.. EqY AVAILABLE IN CONTINENTAL U.S. pATHSIME ppA��FEIITTIMMMEEE RECEIVED F.E.C.EMPLOYEE NUSBEfl EEC-S-Q751 D!0/6 SEE"SPECIAL HANDLING." 9 C] REVISION DATE 1REV S PRINTED U.S.A. 1 Patricia A. Butler Environmental Planner 1223 Rutland Road, tiewport Beach, CA 92660 '714) 548-6062 505 Loma Santa Fe Drive,Solana Beach, CA92075 t714) 481-5501 October 8, 1981 Fred Talarico Environmental Coordinator - City of Newoort Beach 3300 W. Newport Boulevard Newport Beach, CA 92663 SUBJECT: Transmittal of Revised Screen Check Initial Study for the proposed Bayview Terrace development Dear Fred: The following items are enclosed with this transmittal : 1 . Seven (7 ) copies of the revised Screen Check Initial Study; 2. One (1) copy of the full size set of plans from the project architect; and, 3 . Your review copy of the original Screen Check Initial Study, dated May 7, 1981. I will call you on INTednesday, October 14 to check when you would like to meet with the Environmental Affairs Committee to review the Screen Check. Yours truly, to co 01 Patricia A. Butler ` ,' 0 0 � Environmental Planner L) . ;�.� 1tp ' 8 PAB/aay 9 Enclosures �� 'r RFc . 0 pi �i k t� P'4«P,r� 9 Patricia A. Butler, Environmental Planner 1223 Rutland Road, Newport Beach, CA 6` B'r�62 505 Loma Santa Fe Drive,Solana Beach, CA 92 14 -5501 December 18, 1981 Mr. Fred Talarico Environmental Coordinator City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92663-3884 Subject: Transmittal of Initial Studies for Bayview Terrace and Martha' s Vineyard. Dear Fred: Enclosed are the following: 1 . Twenty (20) copies of the final Initial Study for the Bayview Terrace Development. 2 . Twenty (20) copies, of the final Initial Study for Martha' s Vineyard Restaurant/Office Complex. 3 . Two (2) copies of the title page and new table of con- tents for the Certified Final EIR for GPA 81-1 (H) . If you have any questions , please call-me. =OCherfase, =Happy Holidays ! Very truly yours , Patricia- A. Butler Butler Environmental Planning PAB/aa Enclosures CITY OF NEWPORT BEACH Marine Department T a + October 27, 1981 TO: FRED TALA ICO, •PLANNING DEPARTMENT FROM: Tony Me16m,,• Marine Department SUBJECT: INITIAL STUDY - 'BAYVI'EW TERRACE My only concern regarding this project is current parking requirements on the site itself and the adjacent Fun Zone Development Marina.. Currently bayward of the project there is a marina which requires approximately 10.5 parking spaces. However, this requirement has been waived as long as the marina is used as a berthing place for boats for sale and rental boats. In addition to this, the site must provide park-ing for 15 cars for the adjacent Fun Zone Development Marina until spaces are provided on that site .upom redevelopment. Additionally, if the Bayvi.ew'Marina is ever converted to a commercial area,. men's and women'+s restrooms .would be required. /� G�/� Ton Me um Y TM;db rat 00 ly vi • I.LZS �at�7 1-IOUt�uC� WtU� MVO (,or'f WR41GHT ,0 t tMG. I /jery TOZEF f2woer INFORMATION MEMO Od-__ o 9Uv4 � PG Balboa Bayview Dev. Co. , Inc. 309 Palm Balboa, Ca. , 92661 Attn: Jules Rickless, Pres. A meeting was held August 21, 1981, at the City of Newport Beach, to review parking, circulation and traffic. PRESENT: City of Newport Beach, Don Webb, Public Work's Rich Edmonston, Traffic Engineering William C. Clapet, Architect William C. Clapet -1,5Gi 'qIO 1. 0 INFORMATION 1 .1 The city will not consider abandonment of the alley; the following will be considered: a. 10 ' setback: along the north side of the -entire alley from Adams to Palm. b. realignment of the alley so the parking structure will not encroach into the alley. The foregoing will provide for 20' wide circulation and service access as well as allowing the alley to be available to the city for maintenance of sewer and water lines. The alley can be paved with a city approved de- corative surface. 1. 2 The following concerns, for the parking structure, should be evaluated and agreed on by the city and developer: a. the stall width, depth and aisle width relationships for proper access b. elevator size, requirements, etc. Provide technical material as available from manufactuerer. c. parking areas of 100 cars or more qualifies for approximately 25% compact spaces with attendant parking. This can allow for more flexibility and 1805 e. dyer road,*'te m, santa ana, California W5 714 . 540 . 1645 possibly more spaces. d. a vehicular exit, near the elevator, onto Bay Ave. would be required for effective circulation. e. A minimum setback could be allowed for the parking structure, as there will be no loading or unloading on Bay Ave. because of the parking structure. 1. 3 The City Traffic Engineer will consider and evaluate the circulation on Bay, Adams, Palm and the alley since the project will be changing demands. The circulation is a concern as it relates to Balboa Blvd. The evaluation will also consider one-way and two-way circulation as well as the potential of a signal at Palm and Balboa. 1.4 The Edgewater Place walkway property should be researched by the title company - or by legal means to determine whether 'it can be called open space or if it is a "Public' Walk' with prescriptive rights. WCC CC: Master file Owner City of Newport Beach - Don Webb, Rich Edmonston Bill Clapet r SEW PORT CITY OF NEWPORT BEACH_ M OFFICE OF THE CITY ATTORNEY C'9<lFO R��p (714) 640-2201 cl ti June 25, 1982 RECEIVED 3 Planning nenartment Mr. Larry Bertino 0i `JUN251982D- 4 RUTAN & TUCKER CITY OF 611 Anton Bld. , 6 NEWPORT BEACH, P.O. Box 1950 Costa Mesa, Ca. 92626 cb F Re: Palm St. Hote1 Dear Mr. Bertino: This is to confirm our telephone conversation of June 24, 1982, wherein we discussed the demolition of what remains of the Palm St. Hotel. During our conversation I advised you that Mr. Petrak, a representative of the insurance company that carried fire insurance for the structure, had no objection to demolition of the building inasmuch as his investigation of the structure was now complete. You have advised me that you will promptly conclude your investigation of the remains of the structure, that the investigation will be completed during the week of June 28, 1982, and that the building will be totally demolished on or before July 2, 1982. Per our conversation, I have also enclosed a copy of provisions of Title 20 of the Newport Beach Municipal Code that establish the requirements for rebuilding a non-conforming structure that is severely damaged by fire. Should you have any questions with respect to the procedures to be followed, please do not hesitate to contact the undersigned or the Planning Department of the City of Newport Beach. This office considers the remains of the Palm St. Hotel to constitute a threat to the health and safety of persons who happen to be in proximity to the site, as well as being an eyesore. Your cooperation, and that of your client, in arranging City Hall • 3300 6wport Boulevard, Newport Bea(b California 92663 for the prompt demolition of the remains of the burned building will be greatly appreciated by this office, the Building and Planning Departments, and the Planning Commission of the City of Newport Beach. Very truly yours, Ro ERT ABURNIMM Assistant City Attorney I RHB/pr CC. Ray Schuller - Building Director Jim Hewicker Planning Director Ed Petrak - Tops Claims Service - L.A. la —U. 4Ro18 I-Q'739 OFFICE OF THE CITY ATTORNEY MEMORANDUM February 18, 1983 To: Planning Commission From: Robert H. Burnham - City Attorney Re: Bayview Terrace Development/Use Permit No. 3018 The Planning Commission has requested this office to render an opinion relative to the development rights, if any, accorded a property owner by our Zoning Code in the case of a structure which has been totally destroyed by fire. Section 20.83.060 establishes the general rule in such a case and that Section reads as follows: "A nonconforming building damaged or destroyed by fire, explosion, earthquake, or other act, to an extent of more than ninety percent (90%) of its appraised value at the time of the damage, as fixed by the General Appraisal Company of Los Angeles, California, or other equally responsible firm, or to an extent of one hundred percent (100%) of the appraised value thereof according to the assessment by the Assessor for the fiscal year during which such destruction occurs, may be restored only if a Use Permit is first obtained in each case" . The Section quoted above would give a property owner greater rights then allowed by the Zoning Code only in rare cases. For example, if the building that was destroyed exceeded the floor area permitted within the zone the Planning Commission could by, use permit as opposed to variance, authorize the construction of a new building that also exceeds floor area limitations. If the property had been put to a use that was not permitted within the zone in which the building was located the Planning Commission, by use permit, would be empowered to permit the property owner to continue the use after reconstruction. In both cases the Plan- ning Commission would have to make findings that the proposed use or structure would not adverse the impoact of the neighborhood, findings which might be difficult to make especially where the i Planning Commission February 18, 1983 Page 2 use was not which was not one which is permitted within the district. Thus, the Zoning Code offers little comfort to a property owner whose building has been destroyed by fire or other calamity. With regard to buildings located in commercial districts that are nonconforming only because they do not comply with the parking requirements different rules apply. In such a case the property owner has an absolute right to restore the structure, without a use permit and without providing parking provided that all of the following conditions are met: (A) The restoration work is commenced within 12 months after the damage the damage or destruction occurs; (B) The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; (C) The use of the buiilding does not change to a use which requires more parking than the original use as it existed prior to the damage or destruction. (20 .30 .030 NBMC) . Given the size and nature of the development proposed by Bayview Terrace Limited neither of the Sections referenced above apply and the property owner has no special development or noncon- forming right because of the unfortunate destruction of the building. However, the property owner was, for purposes of determining the applicability of the traffic phasing ordinance, given credit for the structure that existed prior to the fire. This resulted in the project being exempt from the application of the traffic phasing ordinance and is consistent with the practice of the City in giving credit for existing structures to developers who propose to demolish structures during the course of redevelopment. 4obrt H. Burnham AGREEMENT THIS AGREEMENT is made and entered into on this 22nd day of April , 1981 , by and between the CITY OF NEWPORT BEACH, a municipal corporation , hereinafter referred to as "CITY" , and PATRICIA A. BUTLER, hereinafter referred to as "CONSULTANT" . W I T N E S S E T H WHEREAS, the CITY has determined that an Initial Study is necessary in conjunction with an application for development of the Bayview Terrace Site , in the City of Newport Beach , County of Orange , State of California : and WHEREAS, CONSULTANT has submitted to CITY a proposal to prepare said Initial Study; and WHEREAS, CITY desires to accept said proposal . NOW, THEREFORE, in consideration of the foregoing, the parties here to agree as follows : 1 . GENERAL CONSULTANT agrees to prepare the subject Initial Study in accordance with the requirements set forth in Paragraph 2 of this Agreement. CITY agrees to remit to CONSULTANT the amounts setforth in paragraph 3 of this Agreement in accordance with the terms and conditions set forth in this document. 2. SCOPE OF WORK The subject Initial Study will be prepared in accordance with the CONSULTANT' S proposal dated April 17 , 1981 , which is attached to this Agreement marked as Exhibit "A" and by reference incorporated herein as this point as if fully set forth . -1- 3 . BILLING AND PAYMENT CONSULTANT shall be paid under this Agreement on a time and material basis and in no event shall the maximum amount of this Agreement exceed Two Thousand Seven, Hundred and Ninety-Five Dollars ($2 ,795 .00) . Partial payments shall be made by the CITY to CONSULTANT upon CONSULTANT' S presentation of statements verify- ing the time and material costs incurred by it in connection with this Agreement. 4. FAITHFUL PERFORMANCE CONSULTANT shall use diligent efforts to complete this contract within twenty-one (21 ) days after execution of this Agreement . The subject Initial Study must meet the approval of the Environmental Affairs Committee of the City. In the event additional work is required due to input during the public hear- ings , said additional work shall be subject to a separate contract. 5 . TERMINATION This Agreement is subject to termination by the CITY at- any time upon serving written notice to CONSULTANT. The CITY shall be thereafter liable to CONSULTANT only for fees and costs incurred as of the date CONSULTANT receives such notice of termination . IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date and year first above written . APPROVED AS TO FORM CITY OF NEWPORT BEACH Assistant City Attorney By Di a for Pl an ing Department CITY PATRICIA A. BUTLER By CONSULTANT -2- PATRICIA A. BUTLER Environmental Planner 4262 Campus Drive 121 Broadway, Suite 611 Suite B-4 San Diego, CA 92101 Newport Beach, CA 92660 (714) 232-5980 Ms. Butler is an independent consultant providing expertise in the development of viable community development plans and problem solutions for areas subject to significant environmental con- straints . Her clients include government and private business organizations with projects ranging from urban redevelopment, air- port noise/land use compatibility planning, and land use policy analysis, to environmental and community impact assessments for public and private development projects and land use plans. As an environmental planner, Ms. Butler has over five years ' profession- al experience in the areas of environmental and community impact assessment and documentation; urban and regional planning problems and solutions; and public presentation of data and findings for complex and controversial projects. She has a thorough understand- ing of the applicability and compliance requirements of environ- mental and land use regulations for project planning, and has de- veloped excellent working relationships with local, state and fed- eral agencies in Los Angeles, Orange and San Diego Counties . Prior to consulting independently, Ms. Butler served as a senior project manager with the Environmental Sciences Division of VTN Consolidated, Inc. in Irvine, California for four and one-half years, from February, 1976 to July, 1980 . In addition to project management and marketing, her responsibilities included: ° Land use planning and evaluation--Develop program goals and objectives, evaluation criteria and im- plementation plans; identify feasible land use plans and alternatives; identify implementation strategies, agency responsibilities and funding sources for var- ious land use planning programs. ° Governmental regulatory processes--Identify local, state and federal environmental regulatory require- ments for projects and programs; develop compliance programs, documentation and schedules; provide inter- agency coordination. ° Preparation of environmental impact analyses--Conduct and write social and human impact assessments , socio- economic analyses and social psychological/community impact assessments. PATRICIA A. BUTLER Environmental Planner Page Two Public participation programs and community surveys-- Formulation, administration and analysis of community surveys and public participation programs.; presenta- tions and defense at numerous public hearings and pro- vision of expert witness testimony in litigation. RELEVANT EXPERIENCE A brief summary of Ms. Butler's current and recent project exper- ience illustrates the variety of her involvement- in planning, community development and impact assessment. These projects in- clude Ms. Butler's participation as the sole or prime contractor and as a subconsultant to others. Urban Redevelopment Assist the Planning and Development staff of the Centre City Devel- opment Corporation in various planning and implementation activities in the Corporation's capacity of facilitating downtown San Diego re- development within the 335-acre project area. Prime contractor and supervision of other consultants as necessary. Airport Noise/Land Use Compatibility Planning, and Policy Analysis and Recommendations Project management and principal planner for the Airport Noise Con- trol and Land Use Compatibility (ANCLUC) Plan for the John Wayne Airport, Orange County Master Plan. Subconsultant to prime contrac- tor - VTN Consolidated, Inc. , Preparation of a land use policy analysis and general land use policy recommendations, and identification of noise/land use compatibility problems and solutions for the Burbank-Glendale-Pasadena Airport Master Plan. Subconsultant to Bolt Beranek and Newman, Inc. ; prime contractor - Ralph M. Parsons Company. Land Use Policy Analysis and Environmental Assessment Preparation of a programmatic Environmental Impact Report (EIR) for the revision of the Housing Element of the Newport Beach General Plan. Prime contractor for the EIR; subconsultant to Connerly and Associates, prime contractor for overall preparation of the housing element. Associate project manager and principal investigator for preparation of a joint EIR/Environmental Impact Statement (EIS) for a proposed second International Border Crossing in San Diego, California. Sub- consultant to prime contractor - VTN Consolidated, Inc. PATRICIA A. BUTLER Environmental Planner Page Three BACKGROUND Education 1976-1977 University of California, Irvine ° Master 's Program in Social Ecology ° Advanced research design. Supervised undergraduate research group in environ- mental planning for one year. 1972-1976 University of California, Irvine ° B.A. in Social Ecology - June 1976 Dean 's List, graduated cum laude Awards: Phi Beta Kappa ° Teaching assistant for courses in Social Psychology, Environmental Psychology, Environmental Planning and Human Development ° Substitute lecturer in Environmental Psychology ° Student intern at VTN Consolidated, Inc. in the Environmental Sciences Division from November, 1975 to June,. 1976 1974-1975 University of Bordeaux, Bordeaux, France Education Abroad Program through the University of California ° Conducted independent research in en- vironmental psychology and environmental planning; courses in architecture and art history. All courses and coursework conducted in French. 1971-1972 University of California, Los Angeles ° Attended university classes in accelerated high school program. Additional Information Languages: Fluent in French; working knowledge of Spanish Travel: Extensive travel in western and eastern Europe; throughout tho United States; in Costa Rica, Guatemala, Panama and Baja California y PATRICIA A. BUTLER Environmental Planner Page Four Member: Association of Environmental Professionals National Trust for Historic Preservation Phi Beta Kappa Publications: "Environmental Learning and Cognitive Mapping" Authors: Gary W. Evans, David G. Marrero, Patricia A. Butler; Environment and Behavior Vol. 13, No. 1, January, 1981, Sage Publications, Beverly Hills, CA. PATRICIA A. BUTLER Environmental Planner CURRENT LIST OF CLIENTS ° Centre City Development Corporation, San Diego, California (A non-profit corporation of the Redevelopment Agency of the City of San Diego) ° Connerly and Associates, Sacramento, California Housing Consultants - Subconsultant for services for the Planning Department of the City of Newport Beach, California ° Bolt Beranek and Newman, Inc. , Canoga Park, California Acoustical Engineers , Noise Monitoring, Airport Planning - Subconsultant for services for the Airport Authority of the Burbank-Glendale-Pasadena Airport; the Unified Port District of the Port of San Diego ° VTN Consolidated, Inc. , Irvine, California Engineers, Architects, Planners - Subconsultant for services for the General Services Agency, County of Orange, CA; the Engineering and Development Depart- ment, City of San Diego. ° Eugene Roach Associates, Solana Beach, California Architects, Planners PATRICIA A. BUTLER Environmental Planner 4262 Campus Drive 12121 Bay, Suite 611 Suite B-4 San Diego, CA 92101 Newport Beach, CA 92660 (714) 232-5980 Ms. Butler is an independent consultant providing expertise in the development of viable community development plans and problem solutions for areas subject to significant environmental con- straints. Her clients include government and private business organizations with projects ranging from urban redevelopment, air- port noise/land use compatibility planning, and land use policy analysis, to environmental and community impact assessments for public and private development projects and land use plans. As an environmental planner, Ms . Butler has over five years ' profession- al experience in the areas of environmental and community impact assessment and documentation; urban and regional planning problems and solutions; and public presentation of data and findings for complex and controversial projects. She has a thorough understand- ing of the applicability and compliance requirements of environ- mental and land use regulations for project planning, and has de- veloped excellent working relationships with local, state and fed- eral agencies in Los Angeles, Orange and San Diego Counties. Prior to consulting independently, Ms. Butler served as a senior project manager with the Environmental Sciences Division of VTN Consolidated, Inc. in Irvine, California for four and one-half years, from February, 1976 to July, 1988. In addition to project management and marketing, her responsibilities included: ° Land use planning and evaluation--Develop program goals and objectives, evaluation criteria and im- plementation plans; 'identify feasible land use plans and alternatives; identify implementation strategies , agency responsibilities and funding sources for var- ious land use planning programs. ° Governmental regulatory processes--Identify local, state and federal environmental regulatory require- ments for projects and programs; develop compliance programs, documentation and schedules; provide inter- agency coordination. ° Preparation of environmental impact analyses--Conduct and write social and human impact assessments , socio- economic analyses and social psychological/community impact assessments . PATRICIA A. BUTLER Environmental Planner Page Two Public participation programs and community surveys-- Formulation, administration and analysis of community surveys and public participation programs; presenta- tions 'and defense at numerous public hearings and pro- vision of expert witness testimony in litigation. RELEVANT EXPERIENCE A brief summary of Ms. Butler's current and recent project exper- ience illustrates the Variety of her involvement- in planning, community development and impact assessment. These projects in- clude Ms. Butler's participation as the sole or prime contractor and as a subconsultant to others. Urban Redevelopment Assist the Planning and Development staff of the Centre City Devel- opment Corporation in various planning and implementation activities in the Corporation' s capacity of facilitating downtown San Diego re- development within the 335-acre project area. Prime contractor and supervision of other consultants as necessary. Airport Noise/Land Use Compatibility Planning, and Policy Analysis and Recommendations Project management and principal planner for the Airport Noise Con- trol and Land Use Compatibility (ANCLUC) Plan for the John Wayne Airport, Orange County Master Plan. Subconsultant to prime contrac- tor - VTN Consolidated, Inc. Preparation of a land use policy analysis and general land use policy recommendations, and identification of noise/land use compatibility problems and solutions for the Burbank-Glendale-Pasadena Airport Master Plan. Subconsultant to Bolt Beranek and Newman, Inc. ; prime contractor - Ralph M. Parsons Company. Land Use Policy Analysis and Environmental Assessment Preparation of a programmatic Environmental Impact Report (EIR) for the revision of the Housing Element of the Newport Beach General Plan. Prime contractor for the EIR; subconsultant to Connerly and Associates, prime contractor for overall preparation of the housing element. Associate project manager and principal investigator for preparation of a joint EIR/Environmental Impact statement (EIS) for a proposed second International Border Crossing in San Diego, California. Sub- consultant to prime contractor - VTN Consolidated, Inc. PATRICIA A. BUTLER Environmental Planner Page Three BACKGROUND Education 1976-1977 University of California, Irvine ° Master' s Program in Social Ecology • Advanced research design. Supervised undergraduate research group in environ- mental planning for one year. 1972-1976 University of California, Irvine ° B.A. in Social Ecology - June 1976 Dean 's List, graduated cum laude Awards: Phi Beta Kappa ° Teaching assistant for courses in Social Psychology, Environmental Psychology, Environmental Planning and Human Development ° Substitute lecturer in Environmental Psychology ° Student intern at VTN Consolidated, Inc . in the Environmental Sciences Division from November, 1975 to June, 1976 1974-1975 University of Bordeaux, Bordeaux, France Education Abroad Program through the University of California Conducted independent research in en- vironmental psychology and environmental planning; courses in architecture and art history. All courses and coursework conducted in French. 1971-1972 University of California, Los Angeles ° Attended university classes in accelerated high school program. Additional Information Languages: Fluent in French; working knowledge of Spanish Travel: Extensive travel in western and eastern Europe; throughout the United States; in Costa Rica, Guatemala, Panama and Baja California PATRICIA A. BUTLER Environmental Planner Page Four Member: Association of Environmental Professionals National Trust for Historic Preservation Phi Beta Kappa Publications: "Environmental Learning and Cognitive Mapping" Authors: Gary W. Evans, David G. Marrero, Patricia A. Butler; Environment and Behavior Vol. 13, No. 1, January, 1981, Sage Publications, Beverly Hills, CA. PATRICIA A. BUTLER Environmental Planner CURRENT LIST OF CLIENTS ° Centre City Development Corporation, San Diego, California (A non-profit corporation of the Redevelopment Agency of the City of San Diego) ° Connerly and Associates, Sacramento, California Housing Consultants - Subconsultant for services for the Planning Department of the City of Newport Beach, California ° Bolt Beranek and Newman, Inc. , Canoga Park, California Acoustical Engineers, Noise Monitoring, Airport Planning - Subconsultant for services for the Airport Authority of the Burbank-Glendale-Pasadena Airport; the Unified Port District of the Port of San Diego ° VTN Consolidated, Inc. , Irvine, California Engineers, Architects, Planners Subconsultant for services for the General Services Agency, County of Orange, CA; the Engineering and Development Depart- ment, City of San Diego. ° Eugene Roach Associates, Solana Beach, California Architects, Planners RECEIVEO � Picnn,n� I APR20 Patricia A. Butler Environmental Planner 1223 Rutland Road, Newport Beach, CA 92660 C71 4�,6062 505 Loma Santa Fe Drive,Solana Beach, CA 92075((7(a3 481-5501 April 17, 1981 Mr. Fred Talarico Environmental Coordinator Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Proposal for preparation of an Initial Study for the proposed Bayview Terrace development Dear Mr. Talarico: Thank you for this opportunity to present a proposal for prepara- tion of an expanded Initial Study for the above referenced project. I would be pleased to assist the City of Newport Beach with pre- paratioA of the environmental documentation required by the Califor- nia Environmental Quality Act (CEQA) , as identified in Section 15080 of the State EIR Guidelines and the City's respective procedures. This letter outlines the anticipated scope of work, cost estimate and schedule for preparing the Initial Study. According to this proposal, I estimate that the Initial Study can be completed in approximately three weeks for a total fee not to exceed Two Thousand Seven Hundred Ninety-five Dollars ($2 ,795 . 00) . Scope of Work As we discussed, it appears that an expanded Initial Study which fo- cuses on the areas of potentially significant environmental concern would be most appropriate for the proposed project at this time. According to the City's adopted procedures for implementation of CEQA and the State EIR Guidelines., the required Initial Study will include the following information: 1. Description of the proposed project, its location, and identi- fication of the necessary permits for project implementation. 2 . A brief description of relevant existing conditions and identi- fication of environmental impacts and mitigation measures, as necessary, for the following areas of environmental concern: - Land use, land use plans and zoning - Circulation and parking - Air quality - Noise • i Mr. Fred Talarico April 17, 1981 Page Two Water quality - Geology and soils - Public services and Utilities 3 . Supporting appendices, as necessary, and references. It is anticipated that land use issues and circulation and parking are likely the most significant__issues to be addressed,.by=the Initial Study for the proposed commercial/office development. In this con- text, a preliminary identification of the contents of the land use and zoning analysis includes examination of the consistency of the project with the Newport Beach General Plan, the-.dxaffE`Lbcal-Coast al Program and South Coast Regional Plan, and City zoning and sub- division ordinances. The circulation and parking analysis will in- clude examination of the project's conformance with the Traffic Phasing Ordinance (TPO) , analysis of vehicular access and parking impacts, and pedestrian and bicycle circulation on adjacent public walkways. The Initial Study will include a description of project vehicle trip generation, access, circulation and parking demand, using trip generation and parking values established by the City Traffic Engineer. The TPO analysis will consist of consultation with the City Traffic Engineer and identification of potential com- pliance requirements for the project in accordance with current city policy S-1, Administrative Procedures for Implementing the Traffic Phasing Ordinance. If further investigation or extensive facility design mitigations are requested, it is understood that these would become conditions of project approval to be undertaken by the devel- oper, or are otherwise beyond the scope of the currently proposed Initial Study. The remaining areas of environmental concern will be examined in sufficient detail to allow identification of potentially significant impacts and corresponding, appropriate mitigation measures. Cost Estimate and Schedule Having reviewed the preliminary project information and environmen- tal issues, I estimate that a Screen Check document can be submitted within about two weeks (e.g. , 14 to 18 days) from receipt of an authorization to proceed and provision of a definitive project des- cription. An accurate description of existing uses on the site would also be desirable at this time (i.e. , square footage of existing com- mercial retail, number and type of hotel units, number of off-street parking spaces) . Following review of the Screen Check document, the final Initial Study can likely be completed and delivered within another week. Mr. Fred Talarico April 17, 1981 Page Three The estimated cost for completion of the scope of work for the Initial Study within this time frame is Two Thousand Seven Hun- dred and Ninety-five Dollars ($2,795.00) . This fee is proposed on a time and materials basis, with the total estimated cost not to exceed $2,795.00 . Attachment A shows the approximate distri- bution of estimated labor and non-labor costs. The proposed fee includes delivery of seven (7) copies of the Screen Check Initial Study and thirty (30) copies of the final Initial Study to your office. The camera-ready originals of the final Initial Study could be given to the City or to the developer, if so desired. The proposed fee also includes my attendance at one meeting of the City Staff's Environmental Affairs Committee for the purpose of reviewing the proposed project. Personnel I will personally supervise preparation of the Initial Study and conduct portions of the technical analyses. I will be assisted by Mr. Jim Lovins, a senior planner with whom I frequently asso- ciate in conducting environmental and planning studies. I have enclosed copies of both of our resumes for your additional infor- mation. Thank you for your consideration of this proposal. I look forward to completing the required Initial Study in a timely and cost effec- tive manner. If you have any questions, please call me at (714) 232-5980. Yours truly, T� 70 � PATRICIA A. BUTLER ENVIRONMENTAL PLANNER u Attachments R.. Mr. Fred Talarico April 17, 1981 Attachment A Cost Estimate Direct Labor Amount Senior Environmental Planner at $35. 00/hr. $ 1,260 estimated 36 hours Senior Planner at $25.00/hour 1,200 - estimated 48 hours TOTAL DIRECT LABOR $ 2 ,460 Reimbursables Xerox/printing estimate - 7 copies of Screen Check -30 copies of Final $ 80 Typing/report production 180 Photographs, maps, miscellaneous 75 TOTAL REIMBURSABLES $ 335 TOTAL ESTIMATED COST S 2 ,,795 Patricia A. Butler Environmental Planner 1223 Rutland Road, Newport Beach, CA 92660 (714) 548-6062 505 LomaSanta Fe Drive,Solana Beach, CA92075 (714) 481-5501 April 17, 1981 Mr. Fred Talarico Environmental Coordinator Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Proposal for preparation of an Initial Study for the proposed Bayview Terrace development Dear Mr. Talarico: Thank you for this opportunity to present a proposal for prepara- tion of an expanded Initial Study for the above referenced project. I would be pleased to assist the City of Newport Beach with -pre- paration of the environmental documentation required by the Califor- nia Environmental Quality Act (CEQA) , as identified in Section 15080 of the State EIR Guidelines and the City's respective procedures. This letter outlines the anticipated scope of work, cost estimate and schedule for preparing the Initial Study. According to this proposal, I estimate that the Initial Study can be completed in approximately three weeks for a total fee not to exceed Two Thousand Seven Hundred Ninety-five Dollars ($2 ,795. 00) . Scope of Work As we discussed, it appears that an expanded Initial Study which fo- cuses on the areas of potentially significant environmental concern would be most appropriate for the proposed project at this time. According to the City's adopted procedures for implementation of CEQA and the State EIR Guidelines , the required Initial Study will include the following information: 1. Description of the proposed project, its location, and identi- fication of the necessary permits for project implementation. 2. A brief description of relevant existing conditions and identi- fication of environmental impacts and mitigation measures, as necessary, for the following areas of environmental concern: - Land use, land use plans and zoning - Circulation and parking - Air quality - Noise i , Mr. Fred Talarico April 17, 1981 Page Two Water quality - Geology and soils - Public services and Utilities 3. Supporting appendices, as necessary, and references. It is anticipated that land use issues and circulation and parking are likely::the most signifibant_=issues 'to be addrbssed,.by=the Initial Study for the proposed commercial/office development. In this con- text, a preliminary identification of the contents of the land use and zoning analysis includes examination of the consistency of the project with the Newport Beach General Plan, thb-draf£'-Lbcal' Cdast al Program and South Coast Regional Plan, and City zoning and sub- division ordinances. The circulation and parking analysis will in- clude examination of the project's conformance with the Traffic Phasing Ordinance (TPO) , analysis of vehicular access and parking impacts, and pedestrian and bicycle circulation on adjacent public walkways. The Initial Study will include a description of project vehicle trip generation, access, circulation and parking demand, using trip generation and parking values established by the City Traffic Engineer. The TPO analysis will consist of consultation with the City Traffic Engineer and identification of potential com- pliance requirements for the project in accordance with current city policy S-1, Administrative Procedures for Implementing the Traffic Phasing Ordinance. If further investigation or extensive facility design mitigations are requested, it is understood that these would become conditions of project approval to be undertaken by the devel- oper, or are otherwise beyond the scope of the currently proposed Initial Study. The remaining areas of environmental concern will be examined in sufficient detail to allow identification of potentially significant impacts and corresponding, appropriate mitigation measures. Cost Estimate and Schedule Having reviewed the preliminary project information and environmen- tal issues, I estimate that a Screen Check document can be submitted within about two weeks (e.g. , 19 to 18 days) from receipt of an authorization to proceed and provision of a definitive project des- cription. An accurate description of existing uses on the site would also be desirable at this time (i.e. , square footage of existing com- mercial retail, number and type of hotel units, number of off-street parking spaces) . Following review of the Screen Check document, the final Initial Study can likely be completed and delivered within another week. Mr. Fred Talarico April 17, 1981 Page Three The estimated cost for completion of the scope of work for the Initial Study within this time frame is Two Thousand Seven Hun- dred and Ninety-five Dollars ($2,795. 00) . This fee is proposed on a time and materials basis, with the total estimated cost not to exceed $2,795.00. Attachment A shows the approximate distri- bution of estimated labor and non-labor costs. The proposed fee includes delivery of seven (7) copies of the Screen Check Initial Study and thirty (30) copies of the final Initial Study to your office. The camera-ready originals of the final Initial Study could be given to the City or to the developer, if so desired. The proposed fee also includes my attendance at one meeting of the City Staff 's Environmental Affairs Committee -for the purpose of reviewing the proposed project. Personnel I will personally supervise preparation of the Initial Study and conduct portions of the technical analyses. I will be assisted by Mr. Jim Lovins, a senior planner with whom I frequently asso- ciate in conducting environmental and planning studies. I have enclosed copies of both of our resumes for your additional infor- mation. Thank you for your consideration of this proposal. I look forward to completing the required initial Study in a timely and cost effec- tive manner. If you have any questions, please call me at (714) 232-5980. Yours Struly, Z 1� PATRICIA A. BUTLER ENVIRONMENTAL PLANNER Attachments Mr. Fred Talarico April 17, 1981 Attachment A Cost Estimate Direct Labor Amount Senior Environmental Planner at $35 .00/hr. $ 1,260 - estimated 36 hours Senior Planner at $25 . 00/hour 1,200 - estimated 48 hours TOTAL DIRECT LABOR $ 2 ,460 Reimbursables Xerox/printing estimate - 7 copies of Screen Check -30 copies of Final $ 80 Typing/report production 180 Photographs, maps , miscellaneous 75 TOTAL REIMBURSABLES $ 335 TOTAL ESTIMATED COST 8 2,795 ) Patricia A. Butler Environmental Planner 1223 Rutland Road, Newport Beach, CA 92660 (714) 548-6062 505 Loma Santa Fe Drive,Solana Beach, CA 92075 (714) 481-5501 May 7 , 1981 Mr. Fred Talarico Environmental Coordinator Planning Dept. , City of Newport Beach 3300 Newport Boulevard Newport Beach , CA 92663 Subject: Transmittal of Screen Check Initial Study for the proposed Bayview Terrace Development Dear Fred : Transmitted herewith are seven copies of the screen check Initial Study for the Bayview Terrace development. Following your auth- orization to proceed on April 22, 1981 , we prepared the enclosed Initial Study according to the scope proposed in my letter to you , dated April 17 , 1981 . I would be pleased to review and discuss your comments on the screen check at your earliest convenience . As indicated in my letter proposal , we are also prepared to review the Initial Study, with the city staff' s Environmental Affairs Committee . For your scheduling purposes , please keep in mind that I will not be available from May 15 through May 29 (vacation time) ! If you have any questions , please call me at (714) 232-5980. Yours truly , Patricia A. Butler Environmental Planner Enclosures (7) I I ar Patricia A. Butler Environmental Planner 1223 Rutland Road, Newport Beach, CA 9266 - 8-6062 505 Loma Santa Fe Drive,Solana Beach, CA 92075 (714) 481-5501 July 27, 1981 Fred Talarico Environmental Coordinator City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Revised proposal for preparation of an Initial Study for the revised plans for the Bayview Terrace project Dear Fred: Thank you for sending me the proposed revised plans and elevations for the Bayview Terrace project. As you requested, I have reviewed them in the context of my previous scope of services for an Initial Study for the original project (April 17, 1981) , and in the context of the screen check Initial Study I submitted for that project on May 7, 1981. . The environmental issues relative to the currently proposed project are essentially the same as those identified in the original scope of services. These include primary consideration of land use and visual compatibility; circulation, access and parking; public ser- vices and utilities; air quality and noise; and, water quality-re- lated impacts. The screen check Initial Study submitted on May 7, 1981 would require some revision in most of these areas and the pro- ject description in order to accomodate the revised project. Assum- ing you would still require 7 copies of the screen check and 30 copies of the draft Initial Study, and my attendance at an Environ- mental Affairs Committee meeting to review the study, I feel that I can revise the Initial Study and meet those requirements with minimal additional costs over the original contract amount. I will provide a revised Initial Study and related products and ser- vices itemized in my letter of April 17, 1981 for an additional six hundred eighty dollars ($680 .00) over the original contract a- mount of two thousand seven hundred ninety-five dollars ($2, 795.00) . This would bring the total revised contract value to three thousand four hundred seventy-five dollars ($3,475. 00) . I can supply the re- vised screen check document within 10 to 14 days of your notice to proceed. i 1 Fred Talarico July 27, 1981 page two If you have any questions regarding the revised scope of services for the Initial Study, please call me at (,714) 232-5980. 1 look forward to hearing from you to revise and complete the initial Study for the Bayview Terrace project. Yours truly, Patricia A. Butler Environmental Planner PAB/pr Patricia A. Butler Environmental Planner 1223 Rutland Road, Newport Beach, CA 92660 (714) 548-6062 505 Loma Santa Fe Drive,Solana Beach, CA 92075 (714) 481-5501 April 17, 1981 Mr. Fred Talarico Environmental Coordinator Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Proposal for preparation of an Initial Study for the proposed Bayview Terrace development Dear Mr. Talarico: Thank you for this opportunity to present a proposal for prepara- tion of an expanded Initial Study for the above referenced project. I would be pleased to assist the City of Newport Beach with -pre- paration of the environmental documentation required by the Califor- nia Environmental Quality Act (CEQA) , as identified in Section 15080 of the State EIR Guidelines and the City' s respective procedures. This letter outlines the anticipated scope of work, cost estimate and schedule for preparing the Initial Study. According to this proposal , I estimate that the Initial Study can be completed in approximately three weeks for a total fee not to exceed Two Thousand Seven Hundred Ninety-five Dollars ($2 ,795 . 00) . Scope of Work As we discussed, it appears that an expanded Initial Study which fo- cuses on the areas of potentially significant environmental concern would be most appropriate for the proposed project at this time'. According to the City 's adopted procedures for implementation of CEQA and the State EIR Guidelines , the required Initial Study will include the following information: 1 . Description of the proposed project, its location, -and identi- fication of the-necessa-ry. -permits £or•.project -implementation. - - 2 . A brief- description of relevant existing conditions and identi- fication of environmental impacts and mitigation measures , as necessary, for the following areas of environmental concern: - Land use, land use plans and zoning - Circulation and parking - Air quality - Noise Mr. Fred Talarico April 17, 1981 Page Two - Water quality - Geology and soils - Public services and Utilities 3 . Supporting appendices, as necessary, and references . It is anticipated that land use issues and circulation and parking are likely'-the most significant::issues "to be addressed,.by- tfie Initial Study for the proposed commercial/office development. In this con- text, a preliminary identification of the contents of the land use and zoning analysis includes examination of the consistency of the project with the Newport Beach General Plan, the-draft'-.Local- Coast al Program and South Coast Regional Plan, -and City zoning and sub- division ordinances . The circulation and parking analysis will in- clude examination of the project's conformance with the Traffic Phasing Ordinance (TPO) , analysis of vehicular access and parking impacts, and pedestrian and bicycle circulation on adjacent public walkways. The Initial Study will include a description of project vehicle trip generation, access, circulation and parking demand, using trip generation and parking values established by the City Traffic Engineer. The TPO analysis will consist of consultation with the City Traffic Engineer and identification of potential com- pliance requirements for the project in accordance with current city policy S-1, Administrative Procedures for Implementing the Traffic Phasing Ordinance. If further investigation or extensive facility design mitigations are requested, it is understood that these would become conditions of project approval to be undertaken by the devel- oper, or are otherwise beyond the scope of the currently proposed Initial Study. The remaining areas of environmental concern will be examined in sufficient detail to allow identification of potentially significant impacts and corresponding, appropriate mitigation measures. Cost Estimate and Schedule Having reviewed the preliminary project information and environmen- tal issues , I estimate that a Screen Check document can be submitted within about two weeks (e.g. , 14 to 18 days) from receipt of an authorization to proceed and provision of a definitive 'project des- cription. An accurate description of existing uses on the site would also be desirable at this time (i.e. , square footage of existing com- - mercial retail, number and type of hotel- units;_ number -of-off-streets- parking spaces) . following review of. the Screen Check 'd'ocument,' the final Initial Study can likely be completed and delivered within another week. Mr. Fred Talarico April 17, 1981 Page Three The estimated cost for completion of the scope of work for the Initial Study within this time frame is Two Thousand Seven Hun- dred and Ninety-five Dollars ($2, 795. 00) . This fee is proposed on a time and materials basis, with the total estimated cost not to exceed $2., 795. 00. Attachment A shows the approximate distri- bution of estimated labor and non-labor costs. The proposed fee includes delivery of seven (7) copies of the Screen Check Initial " Study and thirty (30) copies of the final Initial Study to your office. The camera-ready originals of the final Initial Study could be given to the City or to- the developer, if so desired. The proposed fee also includes my attendance at one meeting of the City Staff' s Environmental Affairs Committee -for the purpose of reviewing the proposed project. Personnel I will personally supervise preparation of the Initial Study and conduct portions of the technical analyses. I will be assisted by Mr. Jim Lovins, a senior planner with whom I frequently asso- ciate in conducting .environmental and planning studies . I have enclosed copies of both of our resumes for your additional infor- mation. Thank you for your consideration of this proposal. I look forward to completing the required Initial Study in a timely and cost effec- tive manner. If you have any questions, please call me at (714) 232-5980 . Yours truly, 12 - PATRICIA A. BUTLER ENVIRONMENTAL PLANNER Attachments C. Mr. Fred Talarico April 17 , 1981 Attachment A Cost Estimate Direct Labor Amount Senior Environmental Planner at $35 .00/hr. $ 1,260 - estimated 36 hours Senior Planner at $25 . 00/hour 1 ,200 - estimated 48 hours TOTAL DIRECT LABOR $ 2 ,460 Reimbursables Xerox/printing estimate - 7 copies of Screen Check -30 copies of Final $ 80 Typing/report production . 180 Photographs , maps , miscellaneous 75 TOTAL REIMBURSABLES $ 335 _ TOTAL ESTIMATED COST S 2 ,795 JAMES LOVINS ENVIRONMENTAL PLANNER Pierce Community College, Los Angeles: A.A. , Architecture, 1969 California Polytechnic State University, San Luis Obispo: B.A. , English, 1972 Western State University College of Law, Fullerton, 1973-1974 California State Polytechnic University, Pomona: Master of Urban Planning, 1976 Member: American Planning Association National Trust for Historic Preservation Institute for Urban Design As an urban planner, Mr. Lovins is concerned with urban and regional planning, including preparation of land use studies, corridor selection studies and the evaluation of aesthetic and scenic impacts for site specific studies. In addition, his background includes the preparation of environmental impact reports; feasibility studies and environmental assessments; socioeconomic impact evaluations; planning and environmental procedures process studies; analysis of governmental regulatory and permit processes; and multi-media presentations. Recent projects include acting as the associate project manager for an environmental assessment that was being prepared for Public Service Company of New Mexico. The project involved the preparation of an Applicant's Environ- mental Analysis for a 176-mile, 500-kV transmission line located in north- western New Mexico. His primary duties included project management and task assignments, analysis of existing land use and land •use impacts, and the analysis of the socioeconomic impacts of the transmission line. Other recent project involvements include analysis of existing and proposed land use and the impacts on cultural and historic sites of the proposed multi-purpose redevelopment of 250+ acres in downtown San Diego, California. In addition, he designed and participated in three forums for the general public to assess social and economic concerns of citizens and property owners within the redevelop- ment project boundaries. He 1,as also been involved in the preparation of state and local permits needed for construction of a 55-mW geothermal power plant in southwestern Utah. The permits and an overview of the permit process were included in a Geothermal Loan Guarantee Application to the Federal Energy Research and Development Administration. His work experience also includes the Plains Electric Corridor Evaluation Study and Draft EIR, during which he participated in the selection of corridor alternatives for a 345-kV transmission line in north central New Mexico; and the evaluation of the California Department of Fish and Game Environmental Analysis Process. Additional experience includes acting as the project manager and overall project coordinator for the design, preparation of plans and specifications for public improvements to establish a semi-mall in downtown Huntington Beach. His primary duties include project management and task assignments, analysis of hard-scape elements and coordination with landscape architects and traffic engineers. Site planning experience includes the preparation of various site plan alterna- tives for a 70-acre_Eite in Hermosillo, Mexico. In addition to site specific project work, he was involved with the preparation of a specific plan for the northwest section of the City of Hermosillo, Mexico. JAMES LOVINS ENVIRONMENTAL PLANNER Pierce Community College, Los Angeles: A.A. , Architecture, 1969 California Polytechnic State University, San Luis Obispo: B.A. , English, 1972 Western State University College of Law, Fullerton, 1973-1974 California State Polytechnic University, Pomona: Master of Urban Planning, 1976 Member: American Planning Association National Trust for Historic Preservation Institute for Urban Design As an urban planner, Mr. Lovins is concerned with urban and regional planning, including preparation of land use studies, corridor selection studies and the evaluation of aesthetic and scenic impacts for site specific studies. In addition, his background includes the preparation of environmental impact reports; feasibility studies and environmental assessments; socioeconomic impact evaluations; planning and environmental procedures process studies; analysis of governmental regulatory and permit processes; and multi-media presentations. Recent projects include acting as the associate project manager for an environmental assessment that was being prepared for Public Service Company of New Mexico. The project involved the preparation of an'Applicant's Environ- mental Analysis for a 176-mile, 500-kV transmission line located in north- western New Mexico. His primary duties included project management and task assignments, analysis of existing land use and land use impacts, and the analysis of the socioeconomic impacts of the transmission line. Other recent project involvements include analysis of existing and proposed land use and the impacts on cultural and historic sites of the proposed multi-purpose redevelopment of 250+ acres in downtown San Diego, California. In addition, he designed and participated in three forums for the general public to assess social and economic concerns of citizens and property owners within the redevelop- ment project boundaries. He bas also been involved in the preparation of state and local permits needed for construction of a 55-mW geothermal power plant in southwestern Utah. The permits and an overview of the permit process were included in a Geothermal Loan Guarantee Application to the Federal Energy Research and Development Administration. His work experience also includes the Plains Electric Corridor Evaluation Study and Draft EIR, during which he participated in the selection of corridor alternatives for a 345-kV transmission line in north central New Mexico; and the evaluation of the California Department of Fish and Game Environmental Analysis Process. Additional experience includes acting as the project manager and overall project coordinator for the design, preparation of plans and specifications for public improvements to establish a semi-mall in downtown Huntington Beach. His primary duties include project management and task assignments, analysis of hard-scape elements and coordination with landscape architects and traffic engineers. Site planning experience includes the preparation, of various site plan alterna- tives for a 70-acre site in Hermosillo, Mexico. In addition to site specific project work, he was involved with the preparation of a specific plan for the northwest section of the City of Hermosillo, Mexico. JAMES H. LAVINS 8632 HATTERAS DRIVE • HUNTINGTON BEACH , CALIFORNIA 92646 (714)960.1096 21 A Pizi 's 1 EA2 E &'ZLOSED ARE Two e-� P►e5 o F- MY K. SLLH6 F :)K- '�OUZ FILES. SHOULD '1/0LI RE4ule APDrnc)N4L I ov, L-4ovE Ds-rAi►-eD INFpRMAT16I4 6-0K-Me-T j RASO 1�• arL t f �s�LF S I I�GGJ2,EL'l� 'v v' �--�L�"(�1•rL �tiewPoRT CITY OF NEWPORT BEACH u r C111FORN�P (Planning Department) April 9 , 1981 Trish Butler 275 Stratford Court Corona del Mar, CA 92014 SUBJECT : "INITIAL STUDY PROPOSAL - BAYVIEW TERRACE" Dear Ms . Butler: Pursuant to our phone conversation of Thursday , April 9, 1981 , enclosed please find a copy of the proposed project site plan . Those areas listed below are ones I believe should be reviewed in the "Focused"/"Expanded" Initial Study : A. Land Use/Planning 1 . General Plan Conforming (all elements ) 2 . Zoning 3 . Local Coastal Plan 4. Subdivision B . Circulation 1 . Ingress/Egress 2 . Parking (compacts , marina , elevator) 3 . Pedestrian/Bicycle C. Water Quality 1 . "General Discussion" D. Air Quality 1 . General impacts of roads on this use . E . Noise 1 . Impact road adjacent on this use . City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Trish Butler April 9, 1981 Page Two F. Public Services & Utilities - very limited G. Geology/Soils - very limited . Please provide two copies of a proposed scope of services . There would be attendance at the City Staff ' s Environmental Affairs Committee, no public hearings . We will need 7 copies of a screencheck and 30 copies of a draft. It looks like an interesting project. Very truly yours , PLANNING DEPARTMENT JAMES D . HEWICKER , DIRECTOR d4Zac;�� By re al mr 1co Environmental Coordinator Enclosure FT/pw