HomeMy WebLinkAboutPA2022-0233 ECDP Action Letter Park Newport COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-
8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR
ACTION LETTER
Subject: Park Newport Rockfall Mitigation Project (PA2022-0233)
▪ Emergency Coastal Development Permit
Site Location 5000 Park Newport Drive (APN 440 132 52)
Applicant Shawna Schaffner
Property Owner Park Newport Land LTD
On October 14, 2022, the Community Development Director approved Emergency Coastal
Development Permit No. PA2022-0233. This approval is based on the following findings and
is subject to the following conditions.
I. AUTHORIZED DEVELOPMENT
This emergency CDP authorizes emergency actions to mitigate the imminent risk of rocks
and debris from further eroding and falling onto Back Bay Drive to protect public safety.
The project consists of the installation of tarps at three locations secured with similar color
sandbags as depicted in the attached Map (Attachment No. CD 3).
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
according to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency) and Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific
actions necessary to prevent or mitigate an emergency. The development is necessary to
mitigate and reduce the immediate risks associated with rock, soil, or other debris from
falling onto Back Bay Drive during a potential rain event. The Class 1 exemption includes
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. There are no known exceptions listed
in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions.
FINDINGS
1. An emergency exists that requires action more quickly than permitted by the
procedures for regular permits administered according to the provisions of Newport
Beach Municipal Code Chapter 21.50 (Permit Application Filing and Processing),
Park Newport Rockfall Mitigation Project (PA2022-0233)
October 14, 2022
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and the work can and will be completed within thirty (30) days unless otherwise
specified by the terms of the permit.
Facts in Support of Finding
a. The subject site has been subject to numerous landslides since the
construction of the Park Newport Development in 1969.
b. On June 26, 2020, a landslide occurred at the subject property, which resulted
in the temporary closure of Back Bay Drive to vehicular traffic. The property
owners retained Hetherington Engineering, Inc. a professionally licensed
Engineering and Geology firm to assess the risk of further slope failure and
assist with remediating the landslide area. An Emergency Coastal
Development Permit No. CD2021-001 (PA2021-008) was issued by the
Community Development Director on January 22, 2021, to allow the installation
of steel mesh with wire rope and epoxy anchoring and the placement of
concrete k-rail at the toe of the slope to keep landslide debris off the roadway.
The authorized improvements were recommended by the accompanying
Geotechnical opinion letter from Hetherington Engineering Inc, dated January
6, 2021.
c. On October 22, 2021, Hetherington Engineering issued a second geotechnical
opinion letter that concluded there is an imminent risk of future landslides
during significant rain events and recommended the immediate installation of
temporary tarps along selected portions of the property during the 2021-2022
rainy season. On October 26, 2021, an Emergency Coastal Development
Permit No. CD2021-066 (PA2021-256) was issued by the Community
Development Director to allow the installation of tarps.
d. Consistent with the conditions of approval of emergency coastal development
permits, the owner submitted a coastal development permit application
(PA2021-099) on April 22, 2021, requesting permanent authorization of the
work completed under the two emergency coastal development permits as well
as future installation of soldier piles to protect two existing principal structures
and temporary tarping at select locations. Although the Coastal Development
Permit was approved by the Planning Commission on April 21, 2022, the permit
was appealed to the California Coastal Commission (CCC). Coastal
Commission staff has indicated that they will not be able to act on the permit
before the 2022-2023 rainy season. Commission staff further directed the
applicant to submit another request for an emergency coastal development
permit to the City should the installation of tarps be necessary before the 2022-
2023 rainy season.
e. On October 12, 2022, the applicant submitted a request for an emergency
coastal development permit (PA2021-256) to allow the installation of erosion
protection tarps for the 2022-2023 rainy season based upon the direction of
Coastal Commission staff. A Temporary Tarp Placement letter was prepared
Park Newport Rockfall Mitigation Project (PA2022-0233)
October 14, 2022
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by Rock Solid Geotechnical, Inc. dated October 11, 2022, that concludes that
there is an increased risk of impacts to Back Bay Drive and the public if the
slope protection tarps are not installed before significant rainfall. The letter
recommends that plastic erosion control tarps be installed as soon as possible
to reduce the risk to the public and Back Bay Drive. Weather reports indicate
the potential for an imminent rainfall event within the next day or two and time
is of the essence.
2. Public comment on the proposed emergency action has been reviewed if time
allows.
Facts in Support of Finding
a. Based on the imminent threat of further rock fall and debris erosion that could
be exacerbated by a rain event this winter and the recommendation of a
licensed Geologist and Engineer that mitigation should be installed as soon as
possible to protect public safety, public comment regarding this emergency
action is not feasible.
b. Public comments previously received regarding the aesthetic impacts of tarping
during prior rainy seasons were considered and a condition of approval was
incorporated into this permit to ensure the tarps and sandbags are compatible
with the existing slope to the extent feasible. The tarps will be clear with jute or
burlap secured on the top to mitigate visual impacts and will be attached to the
earth with similarly colored sandbags. The use of bright contrasting colors such
as orange or yellow shall be prohibited.
c. The appellants of the Coastal Development Permit appeal, Juliette and Todd
Worthe, were notified of the emergency coastal development permit action via
telephone. The appellants expressed concerns regarding the visual impacts of
the tarps but stated that the proposed use of tan tarps or burlap are preferable
to the black tarps.
3. The work proposed would be consistent with the requirements of the certified Land
Use Plan portion of the local government’s Local Coastal Program; and
Facts in Support of Finding
a. An emergency has occurred in which the risk of landslide and/or rockfalls has
resulted in an unsafe condition that poses an imminent threat to public safety
and the full use of adjacent development, Back Bay Drive, a public road
providing public access to the upper Newport Ecological Preserve.
b. The development authorized under this permit is temporary and necessary to
mitigate an existing public safety hazard.
Park Newport Rockfall Mitigation Project (PA2022-0233)
October 14, 2022
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c. A coastal development permit application is currently under review by the CCC
(on appeal) to authorize the development on a permanent basis.
4. The work proposed under the emergency permit shall be the minimum amount
necessary to address the emergency.
Fact in Support of Finding
a. The scope of work for this project has been limited to mitigating only those
areas that pose an imminent threat to public safety as identified by a licensed
geologist. The tarps authorized under this permit will be confined to the steep
slope ratio areas with exposed bedrock (Attachment CD 3).
5. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
Fact in Support of Finding
a. The subject property is not located in an area in which the California Coastal
Commission retains direct permit review authority under the City’s Post Local
Coastal Program Certification Permit and Appeal Jurisdiction map dated July
23, 2018.
III. CONDITIONS OF APPROVAL
1. Authorized development is limited to that which is specifically described in this permit
and depicted in the attached plans, subject to all conditions of approval. Any changes
will require a separate review and may necessitate separate authorization from the
Director.
2. Any development or structures constructed or installed pursuant to this emergency
coastal development permit shall be considered temporary until authorized by a
follow-up regular coastal development permit and that the issuance of this
emergency coastal development permit shall not constitute an entitlement for the
development authorized by this emergency coastal development permit.
3. The tarps and sandbags shall be compatible with the existing slope to the extent
feasible. The tarps will be clear with jute or burlap secured on top to mitigate visual
impacts and will be attached to the earth with similarly colored sandbags. The use of
bright contrasting colors such as orange or yellow shall be prohibited. Any changes
to the tarp or sandbag materials shall be reviewed by the Community Development
Department to verify compliance with this condition.
4. The tarps shall avoid all existing vegetation on the bluff and no vegetation shall be
impacted by the tarping.
Park Newport Rockfall Mitigation Project (PA2022-0233)
October 14, 2022
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Tmplt: 05/22/2020
5. Emergency Coastal Development Permit (PA2022-0233) is valid for sixty (60) days
from the date of issuance and said permit shall expire after December 13, 2022. The
Director may extend an emergency permit for up to an additional sixty (60) days for
good cause including but not limited to that a coastal development permit application
is on file.
6. The applicant or property owner shall continue to process the coastal development
permit with the CCC consistent with the requirements of the Newport Beach Local
Coastal Program.
7. Development authorized by this emergency coastal development permit shall be
removed unless a regular permit from the CCC is authorized. If a regular coastal
development permit authorizing permanent retention of the development is denied,
development authorized by this emergency coastal development, or the denied
portion of the development, shall be removed and the site shall be restored.
8. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
9. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Emergency Coastal Development Permit.
10. The applicant is required to obtain all applicable permits from the City’s Community
Development Department, Building Division, and Public Works Department.
11. The Director’s determination shall be reported to the California Coastal Commission
and the Planning Commission.
12. To the fullest extent permitted by law, the applicant shall indemnify, defend and
hold harmless the City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs, and expenses (including without limitation, attorney’s
fees, disbursements, and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
the Park Newport Rockfall Mitigation Project including but not limited to,
Emergency Coastal Development Permit (PA2022-0233). 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 the applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of the 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.
Park Newport Rockfall Mitigation Project (PA2022-0233)
October 14, 2022
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For Seimone Jurjis, Community Development Director
Attachments: CD 1 Emergency CDP Request dated October 12, 2022
CD 2 Temporary Tarp Placement letter dated October 11, 2022
CD 3 Project Site Plan/Map
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to implement and maintain the
authorized development consistent with this permit including the project description,
approved site plan diagram, findings, and all conditions of approval. This is an approved and
executed permit and it constitutes a contract between the City and Permittee for all
purposes.
Ken Dressel, on behalf of Park Newport Land LTD
Signature Date
Attachment No. CD 1
Emergency CDP Request dated October 12, 2022
From: Shawna Schaffner <sschaffner@caaplanning.com>
Sent: October 12, 2022 11:17 AM
To: Campbell, Jim
Cc: Westmoreland, Liz; Pua Whitford
Subject: Emergency Permit Request for Park Newport Slope Protection - Placement
for 2022-2023 Rainy Season
Attachments: GIS Bluff Map.pdf; Geotchnical Memo for Temporary Tarping 2022-2023
Rainy Season.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
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know the content is safe.
Liz and Jim –
CAA Planning submits this emergency CDP request on behalf of Park Newport Apartments. As you are
aware, there is an existing escalating threat to public safety due to the recent failures of a bluff face
below the housing development known as Park Newport. The first rains of the season began yesterday
evening. While rainfall was not in the forecast, rain fell last night and this morning. Rainfall results in the
potential for continued rockfall onto Backbay Drive, which could be a threat to public safety. The rockfall
potential, taken with winter rain events, is considered an imminent risk to public safety because Back
Bay Drive is a popular roadway in Newport Beach providing public access to runners, cyclists, and nature
enthusiasts, as well as for vehicular traffic.
The tarp locations are anticipated to be placed in the areas denoted within the blue boxes on the
attached pdf. These locations are steep, heavily denuded of vegetation, and present the most imminent
risk of rockfall. All existing vegetation will be avoided and protected in place. The purpose of this
emergency effort is intended to be limited to the minimum required to minimize impacts to the Back
Bay Drive public right-of‐way. This emergency CDP request to allow emergency actions for the purpose
of protecting public safety is submitted consistent with the City’s Certified LCP Implementation Plan
Section 21.52.025. The project geotechnical engineer has prepared a letter report for the City’s review,
which is attached.
We request authorization for the tarp placement to minimize the current imminent risk to public safety.
The tarps will be clear with jute or burlap secured on top to mitigate visual impacts, and will be attached
to the earth with similarly colored sandbags (anticipated to be a tan color). Due to the time‐sensitivity of
the need for emergency actions, a formal application is not included.
Please let me know if you have any questions or if you need additional information in support of this
emergency application.
Thank you,
Shawna Schaffner
Attachment No. CD 2
Temporary Tarp Placement Letter dated October 11, 2022
October 11, 2022
Project No. 121.1
Log No. 1063
Gerson Bakar and Associates
c/o Park Newport Apartments
One Park Newport Drive
Newport Beach, California 92660
Attention: Ken Dressel
Subject: TEMPORARY TARP PLACEMENT
Coastal Bluff – Park Newport Apartments
One Park Newport Drive
Newport Beach, California
References: Attached
Dear Mr. Dressel:
In accordance with the request of Ms. Shawna Schaffner of CAA Planning, Rock Solid
Geotechnical, Inc. has prepared this letter regarding temporary tarp placement on selected
portions of the coastal bluff at the subject site.
We understand Park Newport Apartments intends to place slope erosion protection tarps
for the 2022-2023 rainy season.
The subject natural slope is a coastal bluff that descends to Back Bay Drive along the
eastern edge of Upper Newport Bay in Newport Beach, California. The slope descends at
slope ratios of 0.5:1 to 1.5:1 (horizontal to vertical) to locally vertical with a maximum
height of approximately 90-feet. This coastal bluff was left in a natural condition at the
time of grading/construction of Park Newport Apartments in 1969. The slope exposes 10
to 15-feet of Quaternary terrace deposits over Miocene Monterey Formation bedrock.
Numerous older landslides that exist on this slope were identified by LeRoy Crandall and
Associates, and since construction in 1969, the slope has been subjected to on-going
erosion, surficial instability, rockfalls, and landslides.
Due to the height, steep slope ratio, existing landslides, and poor quality bedrock exposed
on the coastal bluff, factors of safety for gross and surficial slope stability are less than 1.5.
The coastal bluff slope is considered grossly and surficially unstable from an engineering
geologic and geotechnical engineering perspective.
OCKSOLIDGEOTECHNICAL
949.558.9776
jamie@rocksolidgeotechnical.com
www.rocksolidgeotechnical.com
333 Third Street, Suite 2
Laguna Beach, CA 92651
TEMPORARY TARP PLACEMENT
Project No. 121.1
Log No. 1063
October 11, 2022
Page 2
There is an increased risk of impacts to Back Bay Drive and the public, if the slope
protection is not installed prior to significant rainfall. From a geotechnical perspective,
plastic erosion control tarps should be installed as soon as possible to reduce the risk to the
public and Back Bay Drive.
This opportunity to be of service is appreciated. If you have any questions, please contact
our office.
Sincerely,
ROCK SOLID GEOTECHNICAL, INC.
Jamie K. Fink
President
Professional Geologist 7626
Certified Engineering Geologist 2636
Expires 10.31.23
Sean P. Prenovost
Senior Associate Engineer
Professional Engineer 94193
Expires 12.31.2022
Distribution: 1-via e-mail Ken Dressel (Kdressel@gb-a.com)
1-via e-mail Shawna Schaffner (sschaffner@caaplanning.com)
1-via e-mail Ryan Dean (rdean@gb-a.com)
1-via e-mail Andy Dodge (adodge@gb-a.com)
333 Third Street, Suite 2Laguna Beach, CA 92651
REFERENCES
Project No. 121.1
Log No. 1063
1. “Findings and Conditions of Approval for Coastal Development Permit No CD2021-001
(PA2021-099) 1 Park Newport”, by City of Newport Beach Public Works Department,
dated May 17, 2021.
2. “Project Review Request, Community Development Department, Planning Division,
Park Newport Slope Stabilization, 1 Park Newport”, notes by Tonee Thai, dated May
18, 2021.
3. “Notice of Incomplete Filing, Application No. Coastal Development Permit 2021-
001(PA2021-099), Park Newport” by City of Newport Beach Community Development
Department, Planning Division, dated May 20,2021.
4. “Project Review Request, Community Development Department, Planning Division, Park
Newport”, notes by Sergio Gutierrez, dated May 24, 2021.
5. “Response to Coastal Development Permit Comment, One Park Newport Drive, Newport
Beach, California, CDP-2021-001 (PA2021-099)”, by Hetherington Engineering, Inc.,
dated June 8, 2021.
6. “Temporary Tarp Placement, Coastal Bluff – Park Newport Apartments, One Park
Newport Drive, Newport Beach, California,” by Hetherington Engineering, Inc., dated
October 22, 2021
7. “Bluff Stabilization Options, Coastal Bluff – Park Newport Apartments, One Park
Newport Drive, Newport Beach, California,” by Rock Solid Geotechnical, Inc., dated
August 19, 2022.
333 Third Street, Suite 2Laguna Beach, CA 92651
Attachment No. CD 3
Project Site Plan/Map