HomeMy WebLinkAbout19 - Waivers of Condition 8 for AERIE Project - CorrespondenceRieff, Kim
From: City Clerk's Office
Sent: Monday, September 09, 2013 8:19 AM " RECEIVED A Eft AGENDA
To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim pftiNTED'" _ e�
Subject: FW: Aerie -
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From: Campbell, James
Sent: Monday, September 09, 2013 8:18:50 AM (UTC- 08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: Aerie
FYI
- - - -- Original Message---- -
From: wimccaffreyoroadrunner.com [ mailto :wimccaffrey(droadrunner.com]
Sent: Sunday, September 08, 2013 8:33 PM
To: Campbell, James
Cc: rjulian(@advancedonline.com
Subject: Aerie
Mr Campbell:
I support the Aerie project and the applicant's request to waive the bond requirement. It is
a reasonable and appropriate request. I have been a Newport Beach homeowner for 27 years.
Regards,
William D. McCaffrey Jr.
2525 Ocean Blvd. Apt G -4
Corona Del Mar, CA 92625
949 - 675 -6468
1
Rieff, Kim
From: City Clerk's Office
Sent: Monday, September 09, 2013 8:19 AM
To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim
Subject: FW: AERIE support
From: Campbell, James
Sent: Monday, September 09, 2013 8:19:06 AM (UTC- 08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: AERIE support
FYI
From: Bill Varon (mailto:bil Iva ron(�omail.com]
Sent: Sunday, September 08, 2013 11:43 AM
To: Campbell, James; Henn, Michael; Petros, Tony; Hill, Rush; Gardner, Nancy; Daigle, Leslie; Curry, Keith
Subject: AERIE support
To Whom It May Concern:
The purpose of this note is to express my support of the AERIE project in Corona del Mar. I just heard that
some opposition may have surfaced in relation to waiving an old and no longer relevant condition of approval,
so I felt the need to write you. Apparently there is an old condition, still in force, that requires AERIE to have a
bond in place to guarantee a certain level of completion. If I understand it correctly, the bond requirement was
put in place back when AERIE was contemplated as a much larger project, perhaps even 2 -3x larger.
Now that AERIE has been scaled back significantly, it doesn't seem fair to leave the old bond requirement in
place. My understanding is that this bond is expensive and could be difficult to obtain, and would not be
required if the currently approved project were being proposed as a new project today. If this is indeed the case,
it is simply unfair and therefore it seems appropriate to lift the bond requirement altogether.
Finally, I also heard that Rick Julian is willing to once again go the extra mile in pursuit of a Win -Win and has
offered to fund certain public works improvements with the savings he might realize if the bond requirement is
stricken. As a homeowner just up the street on Carnation Avenue, I'm all for improving our neighborhood.
Thanks,
Bill Varon
212 Carnation Ave.
CdM, CA 92625
(949) 290 -8383
Rieff, Kim
From: City Clerk's Office
Sent: Monday, September 09, 2013 8:19 AM
To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim
Subject: FW: IN SUPPORT OF AERIE WAIVER
From: Campbell; James
Sent: Monday, September 09, 2013 8:19:29 AM (UTC- 08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: IN SUPPORT OF AERIE WAIVER
FYI
From: Wendy Webb [mailto:wendvwebb nadvancedonline.com]
Sent: Friday, September 06, 2013 5:20 PM
To: Campbell, James; Henn, Michael; Hill, Rush; Gardner, Nancy; Daigle, Leslie; Petros, Tony; Curry, Keith
Cc: Richard Julian
Subject: IN SUPPORT OF AERIE WAIVER
I want to be sure that you realize that I SUPPORT the waiver.
Thank you,
Wendy Webb
From: Wendy Webb
Sent: Friday, September 06, 2013 5:09 PM
To: ' jcampbell @city.newport- beach.ca.us'; 'MHenn @NewportBeachCa.gov'; 'RHill @NewportBeachCa.gov';
'NGardner @NewportBeachCa.gov'; 'Leslie Daigle'; 'TPetros @NewportSeachCa.gov'; 'curryk @pfm.com'
Cc: Richard Julian
Subject: AERIE
One of the agreements that was made with the Planning Commission 10+ years ago when the proposed project was
significantly larger, was to post a
bond for completion of the shell. At that time the project extended down +51 feet below the street
level at elevation 19.25, and contemplated an excavation of 32,400 cubic yards of material from the site.
As the plan has progressed through the years, excavation has been drastically reduced in size and scope. This excavation
is less than a third of what
was anticipated at the time that the bond was suggested. Since the amount of excavation is within the
normal parameters for a site of this size, I feel that the expensive and hard to obtain bond is no longer necessary.
Research shows that such a bond requirement has not been imposed on any other private property
developments in the City. This would be setting a new precedence that could thrust the City into having
to finish any future stalled projects. It is also unclear as to how the City could even complete the
improvements if construction stopped as most likely there would be pending litigation, bankruptcy etc.
In reality, Condition #8, with the unclear language relative to a "shell" does not really specify how the
project is to even be finished. The provisions invoked by the construction lender gives far more
assurances that AERIE will be built to full completion.
I respectfully request that in fairness, condition #8 to the project be eliminated so that a bond is not required.
I hope that you will consider this since the need for the bond is no longer applicable.
Respectfully submitted,
-Wendy -Webb
Newport Beach Resident
,
,
Z
Brown, Le[lani
From:
Vallejo Gallery [vallejogallery @earthlink.net)
Sent:
Friday, September 06, 2013 3:24 PM
To:
Henn, Michael; Petros, Tony; Hill, Rush; lesliedaigle @aol.com; Selich, Edward; Gardner,
Nancy; Curry, Keith; Brown, Leilani; Kiff, Dave
Subject:
Modification of Conditions of Approval of the Aerie Project - Opposed
Attachments:
Aerie Modification of Conditions of Approval 9- 13.docx
Hello Members of the Newport Beach City Council,
Please see attached
letter opposing Modification of Conditions of Approval of the Aerie Project - City Council Resolution
No. 2009 -52.
Best Regards,
Joe and Lisa Vallejo
September 6, 2013
RE: City Council Resolution No. 2009 -52
Modification of Conditions of Approval
of the AERIE project - Opposed
Dear Members of the City Council,
This letter is in opposition to the request to amend City Council Resolution No. 2009 -52,
to waive Condition No. 8 requiring a completion /performance bond or other form of
financial surety for the completion of private construction of the AERIE project on
Carnation Avenue, near the corner of Ocean Blvd. in Corona del Mar.
The City originally denied this project due to its immense size and the destruction of a
protected coastal bluff visible from Newport Harbor. Though slightly reduced, the
project is still immense at 51,124 sq ft. on 5 levels for 7 condominiums and will require
the removal of 9,810 cubic yards of coastal bluff.
When the coastal bluff is excavated it will create a steep drop off that will require
guardrails for public safely as first mentioned by the California Coastal Commission. If
there is no completion bond, the city may be left with an unsafe liability, along with a
potentially unstable and unsightly remaining coastal bluff.
It can be seen with certainty that, if abandoned, a project of this magnitude would have
a significant effect on the environment, especially in this recreational beach location and
above Carnation Cove, and should be subject to CEQA.
This project has had difficulty getting approval over the span of many years, both at the
City level and at the California Coastal Commission.
It would be extremely irresponsible for the deity of Newport Beach to remove
the completion bond requirement on such a controversial project that has sat
untouched since approval by the Coastal Commission in 2011.
Please deny this request of Conditions of Approval for the Aerie project.
Obviously the City Council had concerns and wanted a completion bond by
adding Condition No. 8, acting responsibly by doing so. Why would anyone
waive it now?
Thank you,
Joe and Lisa Vallejo
Brown, Leilani
From: Marilyn Beck [mdb @becktrustee.com]
Sent: Friday, September 06, 2013 4:39 PM
To: Dept - City Council
Cc: Brown, Leilani
Subject: Aerie Modification Request
Attachments: Letter to City Coucnil 2013.docx
Please see attached letter in response to the Notice of Public hearing on Tuesday, Sept 10
requesting removal of a condition for completion bond for Aerie in CdM.
Thank you.
Marilyn Beck
Marilyn Beck
303 Carnation Avenue
Corona del Mar, CA 92625
Honorable Mayor and City Council Members
City of Newport Beach, CA
Re: Modification of Conditions of Approval of AERIE
City Council Resolution No. 2009 -52
The applicant is asking for the condition of a completion bond to be removed. This
condition was required early in the process and adopted by the City Council as a
means of insuring that this project would not be abandoned midstream leaving an
exposed bluff excavation or an unfinished shell of a building at this prominent
location.
Although the project has been reduced in size, it is still a 51,000 square foot building
on 5 levels on a prominent coastal bluff overlooking the harbor of Newport Beach
and visible throughout the harbor, from the Peninsula and in Corona del Mar.
Further, during a point in time during construction nearly 10,000 cubic yards of
bluff will be removed and exposed. If this project fails to complete it would be an
enormous eyesore and an environmental disaster for the City and the beach
community.
We ask the City to protect the community, the residents and the bluff by rejecting
this request.
Thank you.
Marilyn Beck
Rieff, Kim
From: City Clerk's Office
Sent: Tuesday, September 10, 2013 10:32 AM
To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim
Subject: FW: SUPPORT AERIE'S REQUEST FOR WAIVER
From: Campbell, James
Sent: Tuesday, September 10, 2013 10:32:07 AM (UTC- 08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: SUPPORT AERIE'S REQUEST FOR WAIVER
FYI
- - - -- Original Message---- -
From: Thomas Phillips [mailto:topl7(dme.com]
Sent: Tuesday, September 10, 2013 10:10 AM
To: Campbell, James; Henn, Michael; Petros,
Curry, Keith; Selich, Edward
Cc: Phillips Thomas; JULIAN RICK JULIAN
Subject: SUPPORT AERIE'S REQUEST FOR WAIVER
To all,
Tony; Hill, Rush; Gardner, Nancy; Daigle, Leslie;
I am a 25 year resident of Corona Del Mar and a supporter of the AERIE project.
Will you please support the applicants request for a waiver of condition no. 8.
Thomas Phillips
2525 Ocean Blvd. H5
Corona Del Mar, Ca 92625
Rieff, Kim
From: City Clerk's Office
Sent: Tuesday, September 10, 2013 11:53 AM
To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim
Subject: FW: Aerie
From: Campbell, James
Sent: Tuesday, September 10, 2013 11:52:50 AM (UTC- 08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: Aerie
For Item 919 this evening.
From: av8rbud fmailto:av8rbud(abadelohia.net3
Sent: Tuesday, September 10, 2013 11:48 AM
To: Campbell, James
Subject: Aerie
Please add my name as a supporter of Aerie's request to remove the unusual requirement of the
bond. As we all know the project has been considerable reduced in size and scope since its
inception years ago when the long list of conditions were established by your staff.
This removal of a somewhat onerous requirement certainly meets the criteria of'a reasonable and
prudent person. The long time, unrelenting, minority, opposition have caused serious delay and
cost to the project so they must be elated, if not incessant and unrelenting. If they were more
consistent and specific instead of showing opposition to each and every facet of the process it might
be more tolerable to the overwhelming number of local supporters. Of course, it is predicted that
they will be complaining and claiming injury throughout the construction cycle as they have
demonstrated persistently throughout the years.
This request by the applicant is certainly fair and rational, please support.
Respectfully summitted,
Bud Rasner
2500 Ocean Blvd
Corona del Mar, CA 92625