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HomeMy WebLinkAboutEarl's Landing-Pending App 8-5-11 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov August 5, 2011 Earl’s Partners, LLC Attention: Tod Ridgeway 3804 Lafayette Avenue Newport Beach, CA 92663 Subject: Earl’s Landing Mixed Use Project 2751 West Coast Highway and 2801 West Coast Highway, Newport Beach Dear Mr. Ridgeway: This letter is regarding the pending application for the Earl’s Landing mixed use project. We have received updated plans on August 2, 2011, which have been routed to staff in various City departments for their review and comments. As has been previously communicated to you by Planning Division staff, the project as proposed is inconsistent with certain goals and policies contained in the Coastal Land Use Plan (CLUP) and the California Coastal Act, as well as the General Plan Land Use Element. Specifically, staff remains seriously concerned about the proposed pilings and associated building projection beyond the bulkhead into the bay, and the building mass of the parking structure and its affect on public views. Please refer to Section 4.3.2 and Policy 4.2.3-1 of the CLUP (copy attached) regarding dredging, diking, and filling of coastal waters. Policy 4.2.3-1 states such activity shall be permitted “where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects,” and limits such activity to “construction or expansion of port/marine facilities,” “construction or expansion of coastal-dependent industrial facilities…,” and “in open coastal waters,…..new or expanded boating facilities, including slips, access ramps, piers, marinas, recreational boating, launching ramps, and pleasure ferries, and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.” The pilings proposed as part of the project are not listed, and as such, the project cannot be found consistent with this policy. Policy 2.1.4-7 (copy attached) of the CLUP states “for bay-fronting properties, provide plazas and other open spaces that protect existing and provide new view corridors and access from Coast Highway to the Harbor” (emphasis added). Policy 2.1.4-9 (copy attached) of the CLUP states “for bay-fronting properties, require that buildings be located and sites designed to provide clear views of and access to the Harbor and Bay from the Coast Highway in accordance August 5, 2011 Earl’s Landing Mixed Use Project Page 2 with the following principles” which includes “prevention of the appearance of the harbor being walled off from the public right-of-way” (emphasis added). The proposed location of the building and parking structure do not protect existing view corridors to the harbor, and do not provide clear views of the bay. In addition, the proposed location of the building and parking structure promote the appearance that the harbor is being walled off from the public right-of-way. Therefore, the project as proposed is not consistent with these policies. In addition to the above policies related to the protection of views, this segment of Coast Highway is designated as a “Coastal View Road.” Policy 4.4.1-6 of the CLUP requires public coastal views be protected from specified roadway segments, including this segment of Coast Highway from Newport Boulevard to Marino Drive. Due to the inconsistencies of the project as proposed with the goals and policies contained in the CLUP and General Plan, staff would be unable to recommend approval of the project as part of the project analysis to the decision-making bodies. We would like to meet with you at your earliest convenience to discuss these critical issues. Please contact me at (949) 644-3236 or by email at jbrown@newportbeachca.gov to schedule a meeting. Thank you. Sincerely, Janet Johnson Brown Associate Planner Attachments cc: J. Campbell, Principal Planner G. Ramirez, Senior Planner