Aerie Project's Lone Official No Vote Explains Why

posted: July 13th, 2009 09:21 pm | 6Comments

[Edit to add comments from developer Richard Julian.]

As Newport Beach City Council members get for a third public hearing Tuesday on the proposed Aerie luxury condominium project, Corona del Mar Today sought out the only city official currently on the record against it.

DSC_5409The project would replace a 60-year-old apartment complex at Ocean Boulevard and Carnation Avenue with eight condominiums. Developer Richard Julian said he has spent years making compromises and that some of the neighbors opposing his plans are being unreasonable. The city’s Harbor Commission last week voted unanimously to approve the proposed docks, and last month, the Planning Commission voted 6-1 to recommend the City Council approve the plan. To read Corona del Mar Today’s earlier coverage of the Aerie story, visit here, here and here.

So who was the one commissioner voting against this project — and why?

Michael Lee Toerge, who was appointed to the planning commission in September 2002, responded to an email from Corona del Mar Today, explaining his nay vote.

A major issue, Toerge said, is that Newport Beach uses a “Buildable Area” tool to determine how much square footage can be built on a site. Buildable area is determined for a site in Corona del Mar and then is multiplied by 1.5 to arrive at a maximum floor area of a project. But on the Aerie site, about half of the 1.4-acre site used in the formula is underwater. Toerge said he thinks the site should provide about 29,000 square feet of buildable area, not the 60,000 feet that the zoning code technically permits and making the project to code.

“It defies logic to me that submerged land would ever be considered buildable in our city,” he said.

Toerge also said the project does not meet the provisions of the General Plan and its policies related to mass of structures. “I fail to see the public benefit of such an out of scale project,” he wrote, adding that he thinks the project is “certainly out of scale with residential development in the neighborhood.”

He also said the project did not meet Coastal Resource Protection policies involving minimizing alterations to significant land forms. Several neighbors have expressed outrage that the project would excavate part of the bluff; Julian said that he’s protected the bluff face but that he has the right to excavate to create space for parking, a wine cellar and storage.

“I am not at all in agreement with Mike’s comments,” Julian said on Monday. “He has voiced this exact interpretation since the beginning of the project. Obviously the other six planning commissioners did not agree — and I believe that the Council will not as well.”

At the Planning Commission meeting on June 4, Commissioner Earl McDaniel told the others that he’d gone to the site to examine the bluff. “If this project was six blocks inland, it would be a basement and nobody would care,” according the the meeting minutes. “He is comfortable about the preservation of the bluff face…The Commission has done as much as possible to protect the views of the citizens of Newport Beach.” (Read the minutes here.)

The City Council has the Aerie project on its agenda for its Tuesday meeting, which starts at 7 p.m.

6 Responses to “Aerie Project's Lone Official No Vote Explains Why”

Comments

Kathy

July 13th, 2009

Very interesting take on this project. For the first time I feel like maybe there is a legitimate reason to question the construction of this project. Not just sour grapes from jealous residents.

MDB

July 14th, 2009

Yes, there is definitely a reason to question this project. If you are concerned, attend the City Council meeting tomorrow night. The City's General Plan protects against destruction of coastal bluffs and yet the City Planning Commission approved a project that will excavate the entire bluff, with two subterranean levels. They said it was just fine because no one could see those levels. The natural landform will be obliterated, filled in with concrete and then fake rock will be put in front of the concrete. The General Plan requires developers to "MINIMIZE development on coastal bluffs" and to "protect NATURAL LANDFORMS to the maximum extent possible". Excavating the bluff to build wine tasting rooms and his and her locker rooms doesn't exactly protect the natural landform to the maximum extent possible. This project will set a dangerous precedent for future development on the Carnation bluff. Other properties will subsequently be allowed to do the same. This isn't about jealous residents, it is about protecting our natural resources and abiding by the provisions of the General Plan.

Another CdM Resident

July 14th, 2009

Absolutely sour grapes from the two of you-just waiting for the third jealous neighbor to chime in. It seems you do everything in three's-three jealous neighbors, three coalition names, and now three attorney's. It would be wonderful if you would ever publish information without distorting it or making inaccurate statements.

Corona del Mar Today Staff

July 14th, 2009

Reply to

Bud and Linda Rasner

May 21, 2009

We fully support the AERIE project. To see the opposition recruiting people seems unusual to say the least. They have opposed each and every portion of the project; their current web site is just the latest iteration to try and gain traction. What is their self-serving goal and payoff, to try and save the rest of us from what? I for one will make up my own mind without them inundating me with door to door and mailing contacts. Yes I even get their literature left at my door. Some of the participants are not even primary residents of this state, I assume for tax reasons they retain that status. The developer is trying to provide a quality project that will enhance our neighborhood. I will continue to support his efforts as will most of the resident neighbors in close proximity. Bud and Linda Rasner

Please let me know what is inaccurate so I can correct it!

Bud and Linda Rasner

July 14th, 2009

Still soliciting? Your strident voices continue to claim a 'dangerous precedent'. Exactly what do you mean by that? Aerie has raised the Line of Development over what the city requires, is opening the public view corridor, is under grounding power poles, is adding public street parking spots, is capturing reusable water to use on plants and decks, is replacing non-indigenous plants that have been on the property for years, is removing an eyesore dilapidated apartment, will cover the existing concrete, to improve the poor esthetics that now are in place prior to this project, is providing solar electric generation, is improving street runoff treatment basin and other amenities. The majority of the close in local neighbors are in in full support of Aerie. Your petition signers are likely to be angry with you when their names and information become public record. Some of them might rescind just as they have in your past iterations and names. AERIE is not going down the bluff face like the next door neighbor did. Your personal charges against Mr. Julian starting months (years) ago lead me to this specific response. What part of 'green' is 'dangerous' to your group and whatever name you are now anonymously calling yourselves? You are setting a precedent in opposition tactics. Many think your style is dangerous and self serving. We are adding our names to our material why don't you? Bud and Linda Rasner

kent moore

July 14th, 2009

As a 39 year resident at Ocean and Carnation I am concerned about the comments made by the lone Planning Commission dissenter, Mike Toerge. I am surprised that he didn't recuse himself from all Aerie matters in the beginning, due to the fact that he resides in the 2500 block of Ocean. His residence is just across and down the street from the project which will feature the enhanced pedestrian and resident views that he personally called for as a condition of this new development. I look upon this as a serious conflict of interest on his part as it breaches the mandate for neutrality in all issues coming before the City. I am appreciative of Mr. Julian's acceptance of this condition which will open up that particular public view plane along with the addition of several new parking places on Carnation. In fact, Mr. Julian has addressed all City concerns in a courteous and timely manner. Most of the neighbors and I fully support the development of the Aerie project and hope that all concerned residents have had a chance to view the project model and other information which has continually been made available by Mr. Julian. Kent Moore


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