HomeMy WebLinkAboutBRISTOL ST_BAYVIEW SITE*NEW FILE*
Bristol St
5-85-333 do
STATE OF CALIFORNIA—THE RESOURCES AGEY GEORGE DEUH9�e —N, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
2A5 WEST BROADWAY, SUITE 380 November 13, 1985
b
LONG BEACH, CA 90802 •!4,
(213) 590.5071
COASTAL DEVELOPMENT PERMIT
No. 5-85-333
Page 1 of 3
On July 11, 1985 the California Coastal Commission granted to
this permit for the development described below, subject to the attac
Standard and Special conditions.
Subdivision and the construction of the following: 145 single family units,
two professional office buildings, two parking structures, a health club,
ancillary retail uses, a 300-room hotel, a restaurant, and open space'areas.
Darks, greenbelts, public trails, roads, and other public facilities are
included in the planned development.
Site: Southwest of Bristol Street and west of Jamboree Road, Santa Ana
Heights, Upper Newport Bay, Orange County.
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
By:
Title: Coastal Program Analyst
ACKNOWLEDGEMENT -
The undersigned permittee acknowledges receipt
of this permit and agrees to abide by all terms
and conditions thereof.
Date Signatu of Permittee V '
IMPORTANT: THIS PERMIT IS NOT VALID
UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGEMENT HAS
BEEN RETURNED TO THE COMMISSION OFFICE,
/ COASTAL DEVELOPMENT PERMIT, Page 2 of 3.
Application No. 5-85-333
STANDARD CONDITIONS:
I. tbtice of Recei t and kknowled cat. The pereit is not valid and construction shall not commence until a copy of
e permit, signed y permrttee or authorized agent, acknowledging receipt of the permit or! aecaptance of the.
terms and wnditio+u, is returned to the Commission office.
2. Ex ir_a�tLome
n. If construction has not commenced, the permit mitt expire two years from the date an which the Commission
voted on the application. Construction shall be pursued in a diligent manner and completed fii a reasonable period of
time. Application for extension of the permit must be made prior to the expiration data.
7. CormliAnce. All construction must occur in strict compliance with the proposal as -set forth in the application for
persr , su jest to any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval,
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or camission.
S. Inspections. The Commission staff shall be allowed to inspect the site and the development during emstruction,
au le�to Z4-hour advance notice.
.s. Aw anent. The permit my be assigned to any qualified person, provided assignee fflts with the Coarrission an
aaccepting all terms and conditions of the permit.
7. Terns and Conditions Run with the Land. These terms and conditions shalt be perpetual, and it is the intention Of the
Commission and the pernittee to bind all future owners and possessor of the subject property to the terms and
conditions.
SPECIAL CONDITIONS:
1. Dedications to Public Agencies for Public Uses. Prior to the transmittal of a permit,
the Executive Director shall certify in wrtting that offers to dedicate buffer areas,
open space areas, and trails for public pedestrian, equestrian, biking, and access uses
have been accepted by the County of Orange or other public agencies acceptable to
the Executive Director.
2. Resources Management and Runoff Management Plans. Prior to the transmittal
of a permit, the applicant shall submit written evidence that the Resources Management
Plan and Runoff Management Plan for the proposed development have been approved
by the California Department of Fish and Game as sufficient to protect the resources
of the Upper Newport Bay Ecological Reserve. Both Plans shall be subject to the review
and approval of the Executive Director of the Coastal Commission.
3. Buffer Area. In no instance shall any development, including roadways, be closer
to Upper Newport Bay than 220 feet as defined by the 5-foot contour line shown on
the submitted plans.
4. Future Imyrovements. Prior to the transmittal of a permit, the applicant shall submit
a deed restriction for recording which provides that Coastal Commission permit 5-85-333
Is only for the proposed development and that any future additions or improvements
to the property, including clearing of vegetation, will require a Coastal Commission
permit or one from its successor agency. The deed restriction shall further state that
(a) no development will occur in the buffer area other than the proposed trails and
any works necessary to transport collected runoff for. wetland enhancement, and (b)
5-8 5-3-2
Page 3
development or construction, including roads, shall be prohibited in open space areas
•with the exception of roadways (Bayview way) to serve the project, as shown on the
approved plans, and typical park improvements. Future park improvements will require
'a subsequent coastal development permit. Any proposed extension of University Drive
will require a coastal development permit. No Coastal Commission approval of any
proposed alignment of University Drive shall be inferred through the approval of this
permit. Should the local government having jurisdiction over the area prepare a Local
Coastal Program which calls for a University Drive extension, and should the.Coastal
Commission find that the LCP is consistent with the Coastal Act, this deed restriction
may be so modified. This deed restriction shall be binding on all successors in interest,
heirs, and assigns and shall be in a form and content approved by the Executive Director
of the Coastal Commission.
~ 1 S•1ATE Of CALIFORNIA—THE RESOURCES
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
2AS WEST BROADWAY, SURE 380
LONG BEACH, CA 90802
(213) 590-5071
GEORGE JEUKMEJIAN, Govemor
RECEIVED
PILED:
10/29/85
NOV 181985
49th DAY:
12/17/85
160th DAY:
4/27/96 _
STAFF:
P.Xander
STAFF REPORT:
11/6/85
SEARING DATE:�1/19-?7/85
�I � MATERIAL AMENDMENT
STAFF REPORT AND RECOMMENDATION
Application: 5-85-333 A
Applicant: J. M. Peters Company
1601 Dove Street, Suite 190
Newport Beach, CA 92660
Description: The amendment request is for the revision of the proposed hotel to ailvw for
the reduction in height from 90' to 861, to allow for on -grade packing, and to
reduce the number of rooms from 300 to 256.
Site: A 64.2 , acre site (the former Bayview Elementary School site) southwest of
Bristol Street and west of Jamboree Road in unincorporated Santa Ana Heights,
north of and adjacent 'to the Upper .Newport Bay Ecological Reserve, Orange
County
Substantive File Documents:
1. Permit No. 5-85-201 (J. M. Peters Company)
2. Permit No. 5-85-333 (J. M. Peters Company)
3. Land Use Plan for the Santa Ana Heights segment of the Orange County
Local Coastal Program
4. Statewide Interpretive Guidelines
SUMMARY
The staff is recommending approval without special conditions.
STAFF RECOMMENDATION
I. Approval
The Commission hereby grants a permit for the proposed development on the grounds that
the development will be in conformity with the provisions of Chapter 3 of the Coastal Act
of 1976, will not prejudice the ability of the local government having jurisdiction over the
area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the
Coastal Act, is located between the sea and the first public road nearest the shoreline and
is in conformance with'the public access and public recreation policies of Chapter 3 of the
Coastal Act, and will not have any significant adverse impacts on the environment within the
meaning of the California Environmental Quality Act.
5-85-333 A
Page 2
•
I]. Standard Conditions.
See Attachment X.
III. Special Conditions. None.
IV. Findings and Declarations.
The Commission finds and declares as follows:
A. Project Description and History. The applicant, the J. M. Peters Company, is proposing
an amendment to coastal development permit number 5-85-333. The amendment would allow
a revision to the proposed hotel approved in the aforementioned permit to reduce the height
of the structure from 90' to 86', to have on -grade parking for the hotel, and to reduce the number
of rooms approved from 300 to 256. The earlier permit was approved by the Commission in
July, 1985 with conditions protecting the resources of the Upper Newport Bay Ecological Reserve
from potential adverse impacts from the proposed development and to preclude any proposed
extension of University Drive as a part of that permit.
2. Protection of the Upper Newport Bay Ecological Reserve. Sections 30230, 30231, and 30240
of the Coastal Act require the protection of marine resources, estuaries, and environmentally
sensitive habitat areas from the adverse impacts of proposed development. The proposed
development is adjacent to the Upper Newport Bay Ecological Reserve (UNBER), which was
founded in 1975 after a protracted legal battle and a concerted effort by citizens and public
agencies. The UNBER is now owned and operated by the California Department of Fish and
Game.
Of major importance in the consideration of permit number 5-85-333 was the protection of
those resources. The Commission approved the permit with conditions which ensure that the
resources of the Reserve will be protected from adverse impacts of the development, including
runoff, siltation, and noise. The proposed amendment is for the modification of a portion of
that approved development adjacent to the coastal zone boundary. The amendment reduces
the intensity of the proposed hotel and does not affect any of the special conditions required
for that prior approval. As such, the Commission finds that the amendment request is consistent
with Sections 30230, 30231, and 30240 of the Coastal Act. Furthermore, since the proposed
hotel will provide visitor -serving commercial opportunities for public use, the Commission
finds that the proposed amendment will not adversely affect the public's right to access to
and along the shoreline, and will be consistent with the public access and recreation policies
of the Coastal Act.
C. Local Coastal Program. Section 30604 (a) of the Coastal Act requires that the Commission
find that approval of a development prior to certification of a local coastal program will not
prejudice the ability of the local government having jurisdiction over the area to prepare a
local coastal program consistent with the policies of Chapter 3 of the Coastal Act. Since
the development, as amended and as previously conditioned, will be consistent with the policies
of Chapter 3 of the Coastal Act, the Commission finds that approval of this development will
not prejudice the ability of the local government having jurisdiction over the area to prepare
a local coastal program that is in conformity with the provisions of Chapter 3 of the Coastal
Act.
V
• Attachment X •
To: Permit Applicants
From: California Coastal Commission, South Coast District
subject: Standard Conditions
The following standard conditions are imposed on all permits issued
by the California Coastal Commission.
I, STANDARD CONDITIONS
1. Notice of Recei t and Acknowledgement- The permit is
serot alid
igned
and development s a not coaa�ence anti a copy P
by the permittee or authorized agent, acknowledging receipt of the
permit and acceptance of the terms and conditions, is returned to the
Commission office.
If development has not commenced, the permit will
2. Expiration.
expire two years from the date on which the Commission voted on the
application. Development shall be pursued inadill gefor extension
nd
completed in a reasonable period of time. Application
of the permit must be made prior to the expiration date.
fiance with
3. Compiia�noe. All development must occur in lication forstrict subject to`oved
the proposal as set forth in the app deviation from the appr
planspmustlconditions be revim-nd andet forth approvedbby the staff and may require Commission'
approval.
4. Interpretation. Any questions of intent or interpretation of *arfY
Commission.
condition wi a resolved by the Executive Director or the Coam:ission.
5. Inspections.
the site and the
advance notice.
ct
The Commission staff conshall estructionillowed subjectoton24-hour
development during
6. Assi ment. The permit may be assigned
provlBea terms andassignee conditionsles with of the permit*
to to any qualified person,
an affidavit accepting all
7. Terms and Conditions Run with the Land. These
shal a perpetua an it is t e ntention of the
,permittttand eetobind
he allrms future
own ionsand possessors
proper
terms and conditions
Commission and the
of the subject
t
• •
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The Carma-Sandling Group
!!
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1641 Langley Avenue
Irvine, California 92714
• • / ��
•' ; 'C��•
7141261.6900
October 21 1985
`
Mr. Bryan G. Speegle, Manager
_'•.•,,�. .�.
EMA Advance Planning
V,
P.O. Box 4048
Santa Ana, CA 92702
RE: TRANSFER OF AFFORDABLE HOUSING
CREDITS
TO J.M. PETERS COMPANY
Dear Bryan:
The Carma-Sandling Group is in the process of transferring to J.M.
Peters Company affordable housing credits sufficient to satisfy the
requirements of Peters' Bayview project. This letter is to confirm
that the credits that we propose to transfer will be adequate to
satisfy the inclusionary requirement for the Bayview project.
It is our understanding that the requirement on Peters' project is
for 35 affordable housing credits; 13 low -moderate (non coastal); 11
median I (coastal); and 11 median I (coastal).
To meet this requirement we have determined that the following
credits -will suffice, given the multiplier in the June, 1984, Guide-
lines for transfer of vested excess credits:
9 lo)9-moderate credits from tract 10633 provide 13.5 units for
the recipient project;
The 18 median II credits from tract 11799 provide 11 median I
and 11 median II credits for the recipient project.
Please let me know if you disagree with my calculations. If you
concur, please indicate below.
Sin ely, �
Robert B. Mont ery
Manager, Land Sales/Acquflsitions
RBM:das
S
CONCUR: RECEIVED
OCT4 - 1985
EMA,'Adv' ce Wlanning
EMA