HomeMy WebLinkAbout2.2 - Additional Materials 2 - PA2005-196 Material(s) received after the Planning
Commission packets were distributed, or
received at the meeting. These material(s) were
distributed to staff, Commissioners and made
available to the public.
Marilyn L Beck
303 Carnation Avenue
Corona Del Mar, CA 92625
and WED.becktru stee.corn
June 1, 2009
Planning Commission
Via Email to All Commissioners
CC: Planning Department
CC: City Council
Re: Aerie (PA 2005-196)
Dear Commissioners:
It is encouraging to see that the Applicant and the City are willing to consider
other alternatives, but Alternative 8A is a very minimal improvement to the project as it
still descends an entire level below the PLOED, the swimming pool is still below the
PLOED, and marina still goes out to the pierhead line and beyond into the harbor, and
the project will still require setback variances and modification permits to allow it to
exceed both the vertical and the horizontal PLOED on Carnation.
The primary issue seems to be the definition of the Predominant Line of
Existing Development along Carnation Bluff. The City Council set the line at 50.7.
The General Plan has specific requirements for development along coastal bluffs and
requires a conservative approach with detailed policies stating what can and cannot
be built below the PLOED.
This project excavates to 28 feet with a finished elevation at 30 feet. This
corresponds to the PLOED on Ocean Blvd, not on Carnation Avenue as required by
the City Council determination. The Altemative 8A is only marginally better, with a
finished elevation at 37.5 feet, still well below the 50.7 set by the City Council. Neither
of these elevations are acceptable and more importantly, both set a precedent on
Carnation Avenue. There are no other existing properties built along the Carnation
bluff which go below the PLOED, either on the face or behind the bluff. And all these
properties were built prior to the implementation of the General Plan. The General
Plan sets an even hi her standard than what existed at the time the older properties
were built, therefore it just doesn't make sense that now, under the policies of the
General Plan, a project like Aerie can be approved by re-defining the bluff as bluff face
only.
Not only is this key to the Aerie project but there are 4 other properties along
the Carnation bluff which are in original condition, two of which are presently on the
Planning Commission
June 1,2009
Page 2
market as 'tear down' properties and will be redeveloped in the near future. Aerie will
set the precedent. If you define the bluff as 'bluff face' only, all new development will
be allowed to build subterranean as well. Once you allow this precedent with Aerie,
you might as well give up the remainder of the Carnation Bluff to concrete....with fake
bluff rebuilt in front of the concrete....because that is what will happen.
The Aerie plan calls for a swimming pool to be built entirely below the 50.7 line,
how can this be acceptable under the.policies of the CLUP? Will other swimming
pools be allowed to be built below the PLOED on the Carnation bluff? There is an exit
tunnel to the marina at 44.4 feet. It is called an emergency exit, but it is in reality the
passageway to the marina. How can this be acceptable? I own a property on the
Carnation bluff, built above the PLOED. Will I be permitted to build a swimming pool
below the PLOED on my property as well?
What is the point of the General Plan if the first bluff project to come before the
City after the implementation of the Plan is approved with multiple variances, allowing
the most aggressive construction since the building of Channel Reef? The City has a
duty to the residents of Newport Beach to deny this project as it is currently proposed.
including Alternative 8A.
There is a better Alternative which might be of interest to both the City and the
Applicant, which would allow the Applicant most of his objectives without too much of
a compromise, and would presumably allow for preservation of the bluff below the
50.7 PLOED. This would be the 5-unit Alternative. Although there is little information
about this Alternative, it appears to possibly conform to the General Plan and CLUP
policies.
Here are some points to consider:
A 5-unit project would potentially preserve the bluff below the 50.7
PLOED
• 5-units would allow the Applicant all the amenities he wishes for his
project
The Applicant has stated that he has 5 investors (including himself} who
are committed to the project and will live there. The 5 units will be
available to all 5 investors.
• 5 boat slips instead of 8. The Harbor Commission stressed that
individual property owners do not have a right to one slip per owner,
certainly not if it causes environmental harm. 5 slips rather than 8 may
preserve the integrity of the Cove and allow the Applicant slips for each
of his units
Planning Commission
June 1, 2009
Page 3
The negatives of the 5-unit Alternative as presently submitted are that the
swimming pool may yet require variances below the PLOED. This option does not, as
proposed, eliminate the utility poles or improve the catch basin. I believe that if the
Applicant were to consider this Alternative, he may wish to provide these
improvements in any case as it will improve the value of his own property. But even if
not, I believe that saving a natural coastal bluff from significant destruction, preserving
marine life and protecting the environmental integrity of the harbor, maintaining the
PLOED on Carnation, and staying within the guidelines of the General Plan are all
significantly more important to the City than 2 utilities poles and an upgraded catch
basin.
I would suggest that the Applicant be asked to provide details about the 5-unit
Alternative and allow this plan to be circulated to all concerned.
Thank you.
Sincerely,
Marilyn Beck