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HomeMy WebLinkAboutExhibit 4EXHIBIT NO. 4 Planning Commission staff report dated February 21, 2008 q5 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 21, 2008 Agenda Item 3 SUBJECT: AERIE (PA 2005 -196) 201 -205 & 207 Carnation Avenue & 101 Bayside Place • General Plan Amendment No. 2005 -006 • Coastal Land Use Plan Amendment No. 2005 -002 • Code Amendment No. 2005 -009 • Tract Map No. 2005 -004 (TT16882) • Modification Permit No. 2005 -087 • Coastal Residential Development Permit No. 2005 -002 APPLICANT: Advanced Real Estate Services, Inc. Richard Julian, President CONTACT: James Campbell, Senior Planner (949) 644 -3210 ' �mpbelllCc�city .newport- beach.ca.us The Planning Commission considered the AERIE project at three public hearings and on May 17, 2007, recommended approval of the project to the City Council. On August 14, 2007, the City Council considered the project and identified a more restrictive predominant line of existing development (PLOED) than that recommended by the Planning Commission. The City Council returned the project back to the Planning Commission for review after revisions consistent with the more restrictive PLOED. The applicant has redesigned the project based upon the City Council's direction. Due to the changes to the project, staff revised the mitigated negative declaration (MND) and recirculated the document for public review. 1) Hold a public hearing; and, 2) Consider the revised draft MND; and, 3) Adopt the attached draft resolution recommending City Council adoption of the MND and approval of the project (Exhibit #1). J'\ M -A 1. M. IN. 1 1. 4 S ..... ..... '... .; V. . . . , ., 44 1. M. IN. 1 1. 4 S ..... ..... '... .; V. . . . , ., AERIE (PA 2005 -196) February 21, 2008 Page 3 of 4 DISCUSSION The City Council identified the predominant line of existing development as 50.7 feet above mean sea level (MSL) and given that portions of the project extended below this elevation, found that the was not project consistent with Coastal Land Use Plan (CLOP) policies. The City Council directed staff to prepare an amendment to CLUP policies to provide clarification of the relationship between the predominant line of existing development and other resource protection policies such as the policy to minimize alteration of a coastal bluff. That amendment was reviewed by the Planning Commission and the City Council subsequently adopted CLUP Amendment No. 2007- 003 in November of 2007. The amendment states that the predominant line of existing development is not the only factor in determining the extent of development on a coastal bluff. The City Council staff report and past Planning Commission staff reports are attached as Exhibit #2 and #3 and they contain additional project background information and analysis of the proposed General Plan Amendment, Code Amendment, tentative tract map, Modification Permit and Coastal Residential Development Permit. Revised Project The original project is described in the prior staff reports to the Planning Commission and City Council (attached). The following changes have been made to the project: Reduction in the size of the building footprint consistent with the PLOED at 50.7 feet MSL rather than at 30.5 feet MSL as previously proposed. The exception of an access staircase that will lead down the bluff to the existing concrete landing and docks. Two subterranean levels that would house storage and a fitness /pool area will be below 50.7 feet MSL and will not be visible from Newport Bay. 2. Reduction from 9 dwelling units to 8 units. 3. Reduction of gross floor area from 76,333 to 62,823 square feet. 4. Elimination of one level of the proposed project from 7 levels to 6 levels. 5. Six of the seven on -site, guest parking spaces will be at street level rather than below street level minimizing the need for guests to access the subterranean parking area via the vehicle elevators. Additionally, the project how includes a service vehicle parking space at the lowest storage /mechanical level. 6. Reduction of soil export from 32,400 to 25,240 cubic yards. 7. Increase in horizontal distance between the proposed building and the existing building to the south, increasing the view angle from Carnation Avenue to the Bay from 38 to 44 degrees. AERIE (PA 2005 -196) February 21, 2008 Page 4 of 4 8. Reduction in the setback of the upper levels from the adjacent properly to the north (215 Carnation Avenue) from 30 feet to 10 feet. Proposed changes are consistent with the City Council's direction to minimize alteration of the bluff by preserving the bluff face below the predominant line of existing development (50.7 feet MSL). Reducing the visible extent of development on the bluff face reduces the impact to public views from Newport Harbor from the south and west and from Begonia Park. By providing 6 guest parking spaces on the street level should decrease the likelihood that guests will use street parking. The decrease in the building setback on the north places more building mass in the 10' -7" side yard setback; however, the majority of the building provides a 10 -foot setback and consequently, does not impact a public view to the Bay. In summary, staff believes that the changes are positive and all findings for project approval can be made. Draft Mitigated Negative Deciaradon (MND) Staff revised the MND to reflect the revised project and the CLUP amendment regarding the predominant line of existing development (Exhibit #4). Staff focused on visual impacts, public views, land use and hazards. The mitigation measure related to modifying the project to be consistent with the predominant line of existing development as ultimately established by the City Council has been eliminated. In summary, the analysis suggests that the revised project will create no more impacts to the environment than the previous designs considering the reduction in the number of units, reduced building area and reduced grading. The comment period for the MND expires on February 21, 2008, and no comments have been received to date. Staff will provide any comment received at the hearing. Prepared by: Submitted by: J mes Camp II, Senior Planner EXHIBITS David Lepo-,Wag9Tfig Director �p�