HomeMy WebLinkAboutIS027_CHART HOUSE RESTAURANT USE PERMIT IIIIIIII IIII III II I IIIIIII IIIII IlUll llll111llll
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C 500 Newport Center Drive, Suite 525
Newport Beach, California 92660
phone (714)640-6363
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C 2927 Newbury Street, Suite C
Berkeley, California 94703
phone (415)841.6840
Community Planning C, Natural Resource Management C Environmental Assessment
INITIAL STUDY FOR USE PERMIT
FOR HART HOUSE RESTAURANT
PREPARED FOR
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
PREPARED BY
LARRY SEEMAN ASSOCIATES, INC.
500 NEWPORT CENTER DRIVE, SUITE 525
NEWPORT BEACH, CA 92660
(714) 640-6363
OCTOBER 2, 1981
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INTRODUCTION AND PROJECT DESCRIPTION
INTRODUCTION
In accordance with the provisions of State guidelines for implementation
of the California Environmental Quality Act, this Initial Study has been pre-
pared in order to determine whether or not the proposed project will have a
significant effect on the environment. Further, the Initial Study has been
prepared to identify feasible mitigation measures which could be applied to
potential impacts . In order to give the reader of this report a clear under-
standing of the potential impacts of the project, the report has been organiz-
ed to summarize existing conditions, potential impacts, and available mitiga-
tion measures . If, based on the information contained in this report, it is
determined that the project will not have any significant impacts or that any
such impacts can be adequately mitigated, the City may issue a Negative Decla-
ration. If, on the other hand, it is determined that the project will have
significant environmental impacts which cannot be adequately mitigated, the
City will require preparation of an Environmental Impact Report.
LOCATION
The project site is located at 2431 West Pacific Coast Highway, Newport
Beach . The site is located immediately west of Cano's Restaurant on the bay-
front . The site contains 36,000 square feet and is currently fully used by
Boatswain' s Locker, a marine repair facility. Figures 1 and 2 indicate the
location of the project.
PROJECT CHARACTERISTICS
The proposed project would remove most, but not all , of the existing boat
repair facility and would result in the construction of a new Chart House Res-
taurant . Site plans for the proposed project are shown in Figures 3 and 4.
The project proposes to preserve and remodel a reduced repair facility
along the westerly property line. This facility will consist of the large
boat crane which is currently onsite, a remodeled boathouse, and an outdoor
boat repair area. Access to the boatyard will be through the proposed restau-
rant parking lot .
The new restaurant would consist of approximately 7,400 square feet of
gross floor area and 3,400 square feet of net floor area. It would include
seating for 201 patrons, including seating for 156 dining room customers• and
45 cocktail lounge customers . The project is scheduled to start construction
in March 1982 and begin operation in February 1983.
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The existing bulkhead is located approximately 50 feet inside the offi-
cial U.S. bulkhead line. This bulkhead would remain in its present location.
A new section would be added to close off the existing marine railway and a
cap would be placed on top of the entire bulkhead in order to permit some
filling of the existing site. The restaurant itself would be built out over
the water on pilings as shown in Figures 3 and 4.
PERMITS REQUIRED
The subject project includes the following approvals from the City of
Newport Beach:
The acceptance of an environmental document and approval of
a Negative Declaration.
The approval of a use permit for a restaurant in the recrea-
tional marine commercial area of the Mariners ' Mile Specific
Plan area.
A modification to the zoning code so as to allow the use of
compact car and tandem spaces for a portion of the onsite
restaurant parking.
The approval of an offsite parking agreement for a portion
of the required restaurant parking.
The approval of a harbor permit for construction on and over
the bay.
Since the City's Local Coastal Program has not yet been approved by the
City, the application will require approval of a Development Permit by the
California Coastal Commission. In addition, the Army Corps of Engineers will
need to issue a permit for any improvements within the harbor.
KEY CONTACT PERSON
The following persons are available to provide additional information on
this application: Fred Talarico, Environmental Coordinator, City of Newport
f Beach, (714) 640-2197; William Foley, Principal , Larry Seeman Associates,
Inc. , (714) 640-6363; John Callahan, Chart House Restaurant, (714) 454-3112;
and Hank Hill, owner, Boatswain ' s Locker.
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DESCRIPTION OF EXISTING CONDITIONS AND EVALUATION
UF POTENTIAL IMPACTS AND AND MITIGAMN—REA=
LAND USE
Existing Land Uses. The subject property is currently used for a
marine repair facility and for yacht sales. The property to the east contains
Cano' s Restaurant. The property to the west is another marine repair facili-
ty. Across Pacific Coast Highway to the north is a variety of commercial
businesses .
General Plan. The Land Use Element of the General Plan designates
the si a ads Recreation and Marine Commercial . This land use designation per-
mits a variety of recreation and visitor-serving commercial activities com-
bined with marine commercial . The proposed uses are consistent with the Gen-
eral Plan.
Local Coastal Program. The City Council approved the Land Use Plan
(LUP) portion of the i y s Local Coastal Program on February 23, 1981. This
plan has been submitted to the Coastal Commission and will be heard in October
of this year. The plan designates the site for recreation and marine commer-
cial uses consistent with the City' s General Plan. More specifically, the
land use plan makes reference to the adopted Mariners Mile Specific Area Plan
and states that the intent of the LCP is to be generally consistent with the
Specific Area Plan.
The LUP establishes incentive uses, permitted uses, and uses which are
permitted only in conjunction with incentive uses . Boatyards, marine repair
facilities, and boat slips are considered incentive uses . Restaurants are
permitted only in association with an incentive use which occupies a substan-
tial portion of the site.
In addition, the LUP states that the City "may approve density, height,
or parking incentives for developments utilizing a mixed-use concept that
includes provision or maintenance of an incentive use which is coastal-
dependent in nature upon review and approval of a Use Permit . These coastal-
dependent uses include: boat haul-out facilities . . . ." Finally, the LUP
requires the provision of public access where consistent with public safety
and the protection of adjacent property.
It should be noted that even though the LUP has been approved by the City
Council , it has not yet been approved by the Coastal Commission. Furthermore,
the implementation measures for the LUP have not yet been prepared or adopted
by either the City or the Commission .
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Mariners' Mile Specific Area Plan. In 1977, after two years of
study, the ity o Newporteach a opted the Mariners ' Mile Specific Area
Plan. An extensive Environmental Impact Report was prepared and certified at
. that time. In conjunction with the adoption of the Mariners' Mile Specific
Area Plan, the City adopted the Mariners' Mile Specific Plan District. This
District established by ordinance development standards for both public and
private property within Mariners ' Mile. One of the primary purposes of the
Mariners ' Mile Plan and District was to encourage continuation of marine-
oriented uses and to preserve the marine character of the area.
Impacts. The proposed restaurant development is consistent with the
general landuse pattern in the area, the General Plan designation for the
site, and the Mariners' Mile Specific Plan . The project will require a reduc-
tion in the scale of the marine repair facilities which currently exist on the
site. However, the plans do indicate that the boat crane and marine parts and
hardware facility will remain, and that marine maintenance and repair services
will continue onsite. This provides the incentive use in conjunction with the
restaurant as required in the LUP. In addition, the project has been rede-
signed to provide public access .
The proposed site plan indicates that 43% of the total site area will be
allocated to incentive uses . The breakdown is as follows:
Lot area (area within property line) 36,000
Pier area (area between bulkhead and pierhead lines) 12,000
Total site area 48,000
Non-incentive use (restaurant and parking) 27,200
Incentive use (boat repair and hardware facility) 8,800
Incentive use (boat launch and slip area) 12,000
Total 48,000
Percentage of incentive use 43%
The proposed site plan also indicates that the project is consistent with
the development standards of the recreation and marine commercial (RMC) desig-
nation of the Specific Plan. These standards are shown below:
Standard Proposed Project
Height 26/35 26'
Floor area 2 x buildable .35
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Side yard None 0
Front yard 5' 50% and 10' 50% 30' - Boatswain' s
Locker
160' - restaurant
(105' to trash
( enclosure)
Rear yard None 0
Lot size 10,000 square feet 36,000 square feet
Signs Controlled by zoning 36' - Boatswain's
code Locker
60' - restaurant
Site plan review Required Use permit review
Landscaping 50% setback 66% setback
10% parking lot - 8% parking lot
Parking Controlled by zoning 86 provided
code (81 required)
Mitigation.
1 . Retention of a portion of the marine repair facilities will
serve to mitigate the proposed change in land use.
2. The final site plan will conform to all requirements of the
Specific Plan and the LUP.
Si nificance of Im act of the Project Includin2 Mitigation Measures.
The land use impacts of this project as proposed are noF consicierea signs s-
cant.
VIEWS AND AESTHETICS
Existing Conditions. All of the structures presently existing on the
site are single-story with the exception of a two-story structure along the
westerly property line. This two-story structure will remain as the business
office and work area for the marine repair facilities which are to be pre-
served on the site. The height limit in Mariners Mile is 26 feet, provided
that heights in excess of 26 feet up to a maximum of 35 feet may be permitted
by Use Permit.
There is little or no landscaping onsite and the property is surrounded
by a six-foot high chain link security fence. Boats being cleaned, painted,
and repaired are visible from PCH.
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The existingsite slopes down from PCH. The tops of the existing bulk-
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heads are 5-6 feet below the street elevation.
Potential Impacts. The most direct visual change will be the loss of
the marine c arac er of the existing boatyard. The boats and boat cradles,
the tin and plywood structures, and the general clutter of the site will be
removed.
The site plan shows that the existing site will be filled up to the level
of the existing pavement adjacent to the sidewalk. The structure itself will
be approximately 24 feet above the new grade. Measured from existing grade,
the structure will be approximately 30 feet to its highest point. However, it
appears that the structure will comply when measured to the average of the•
sloping roof shown on the elevations.
The site is directly opposite the Cliff Drive view park. The new struc-
ture will obstruct a segment of the view of the North Lido Channel , but not of
Lido Isle or the horizon .
The proposed restaurant structure will have several different architec-
tural elements and the PCH elevation will have wall segments with differing
heights, textures, and angles. This will reduce the visual bulk of the struc-
ture and make it more interesting when viewed from PCH or Cliff Drive.
The site will be landscaped and the existing structures immediately adja-
cent to PCH will be removed. This will create a sense of openness adjacent to
the highway. Limited views of the bay will be preserved, particularly for
westbound traffic.
Mitigation Measures.
3 . The development shall be in substantial conformance with
the approved site plan.
4. A landscape and irrigation plan for the project shall be
prepared and landscaping shall be installed prior to
occupancy.
Si nificance of Impact of the Project Includin _Miti patron Measures.
The project will change the character o �f e sail e ffowever,, the new
project will create a new visual image and will , to some people, provide an
interesting and attractive architectural focal point. Therefore, this change
in character cannot be considered universally adverse and may be considered by
some to be beneficial . The impact on the total viewshed from Cliff Drive is
not significant.
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WATER QUALITY/MARINE RESOURCES
Existing Conditions. The site is currently used as a marine repair
facill y and consequently contributes marine paint, petroleum products, and
other pollutants typical of boat repair and maintenance. The site slopes
downward toward the bay and virtually all runoff enters the bay directly.
Although the current operator has installed catch basins and sweeps the boat-
yard on a regular basis, there is little doubt that the yard contributes to
degradation of water quality in the bay.
Most of the site is bulkheaded and the remaining portions of the site are
highly disturbed. The marine railway is lined with gravel and broken pieces
of an old bulkhead.
Potential Impacts . The proposed restaurant would eliminate many of
the curren sout roes of-pollutants and would generally have a beneficial impact
on water quality. There will be a wash-out area connected directly to the
sanitary sewer system for washing out trash bins and other large storage con-
tainers .
Completion of the existing bulkhead and closing of the marine railway
will not have a significant impact on water quality and will eliminate a
debris trap under the restaurant which would be extremely difficult to clean.
However, completion of the bulkhead will result in loss of the intertidal
area which exists at the marine railway. Representatives of the applicant,
the City, the State Department of Fish and Game, the National Marine Fisheries
Service, and the Federal Fish and Wildlife Agency met September 23 onsite to
discuss this impact.
Two alternative solutions were identified. The first is to redesign the
project to put more of the structure on pilings, eliminate the new section of
bulkhead, and preserve the intertidal area. The project engineer has deter-
mined that this alternative is not feasible because the marine railway extends
under the restroom area and portions of the parking lot. These areas cannot
be put on pilings.
The second alternative is to require the applicant to provide some com-
pensation offsite. This could be done by grading or dredging a small area in
Upper Newport Bay to create an equivalent intertidal area. The applicant has
indicated that he would be willing to participate in such a program if the
various agencies responsible for the Upper Bay can reach agreement on how the
program should be established and administered.
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The State Department of Fish and Game and the National Marine Fisheries
Service have submitted letters summarizing these concerns . These letters are
contained in Appendix A of this report .
Potential short-term impacts of construction can be adequately mitigated.
Mitigation Measures.
5. A wash-out area surrounded by 6-inch curbing or the equiva-
lent and connected directly to the sewer system shall be
provided.
6 . The parking lot and all -landscaped areas shall be kept
clean and properly maintained.
7 . Prior to demolition of existing facilities and construction
of new facilities, a complete plan for litter and debris
control shall be approved by the Planning and Marine
Departments to ensure that no debris is permitted to enter
Newport Harbor.
8. Prior to issuance of building permits, the applicant shall
agree to participate in a compensation program for the loss
of intertidal area, provided that the City and the various
agencies involved in regulation of Newport Bay have estab-
lished such a program.
Significance of Im act of the Project Includin Mitigation Measures.
The project Willhave a ene i7 a impact on water quality.
CIRCULATION AND PARKING
'Existing Conditions. The existing use generates very little traffic,
and proves Zimiced parking used primarily by employees . Pacific Coast High-
way in front of the site has two lanes eastbound and three lanes westbound
separated by a two-way left-turn lane. The existing traffic volume on PCH is
approximately 42,000 ADT.
As part of the Mariners' Mile Specific Plan, the City has acquired the
property for a public parking lot on the inland side of Coast Highway (Figure
5) . This parking lot is currently being designed. Plans and specifications
are expected to be completed by October 1981 and construction is scheduled to
start January 1982. The project would be complete by July 1982. This lot is
located 1,100 feet from the restaurant site (measured via the signalized
pedestrian crossing at Pacific Coast Highway and Tustin) .
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5
Location of Parking Lot Lsa
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__ ----------
Ch" 1 I 1 r 1
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Public Parking -
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,Pedestrian Route Pn[, I
9AwnY
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I Irli It I I 1 Pro I I 1 1
_ - - - - - Pro,�ect --- _._._-_ -_._ _.
U.S Bulkhead Line
N
200'
Source: Newport Beach Specific Plan.
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LEM
Potential Impacts. The restaurant will generate approximately 450
trips per day trips per 1,000 square feet of public area) , with 24 trips
occurring during the p.m. peak hour (5 trips per 1,000 square feet in and 3
trips per 1,000 square feet out) . Because the restaurant will be open only
during the evening hours and traffic generation during the normal p.m. peak is
I low, the project will not have a significant impact on Pacific Coast Highway.
Access to the site will be via two existing driveways . In order to pro-
vide safe ingress and egress, it will be necessary to remove three or four
on-street parking spaces to create adequate sight distance.
The parking requirement for the restaurant will be approximately 81,
depending on the final floor plans . The requirement is calculated as follows :
Day Plight
Restaurant: 3,400 sq. ft. public space _ 85 spaces
Boatswain ' s Locker: 2,700 sq. ft. building 12 spaces
Restaurant guest slips - 4 spaces
2T spaces 8 spaces
Since it is not feasible to get all of the required parking onsite, it
will be necessary to provide parking offsite. The applicant has been explor-
ing alternative locations on the inland side of PCH. The most likely location
is the proposed City parking lot immediately across PCH from the site. Use of
this lot, while providing adequate parking, will create potential safety prob-
lems. There is no pedestrian crossing at this location and the nearest one is
at the signal at Tustin Avenue. Therefore, the use of the lot directly by
customers or by valet parking personnel will be inconvenient and potentially
unsafe. However, it would be appropriate to locate approximately 20 employee
spaces on this lot.
Mitigation Measures.
9 . Final site plans shall be reviewed and .approved by the
Traffic Engineer to ensure adequate onsite circulation and
sight distance at ingress and egress locations .
10. The applicant shall enter into an offsite parking agree-
ment at the proposed City lot or at some other approved
location.
11. The restaurant shall provide an escort or van system to
ensure the safety of restaurant personnel returning to• the
employee parking lot after restaurant hours .
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Significance of Impact of the Project Includin Miti ation Measures.
The project willnot nave a significant impact on tra i is vo um es or on the
level of service on PCH or any intersections . Provided that adequate provi-
sions are made for pedestrian safety, the offsite parking will not have a sig-
nificant impact.
STANDARD CITY CONDITIONS
In addition to the mitigation measures discussed above, the following
standard City conditions will be applied to the project:
A. The development shall be in substantial conformance with
the approved plot plan, floor plans, elevations , and sec-
tions .
B. Development of the site shall be subject to a grading per-
mit to be approved by the Building and Planning Depart-
ments .
C. A grading plan shall include a complete plan for temporary
and permanent drainage facilities, to minimize any
potential impacts from silt, debris, and other water
pollutants.
D. The grading permit shall include, if required, a descrip-
tion of haul routes , access routes, access points to the
site, and a watering and sweeping program designed to
minimize impacts of haul operations.
E. An erosion and dust control plan shall be submitted and be
subject to approval of the Building Department .
F . An erosion and siltation control plan, if required, shall
be approved by the California Regional Water Quality Con-
trol Board - Santa Ana Region.
G. Grading shall be conducted in accordance with plans pre-
pared by a civil engineer and based on recommendations of a
soils engineer and an engineering geologist subsequent to
completion of a comprehensive soils and geologic investiga-
tion of the site. "Approved as Built" grading plans on
standard-size sheets shall be furnished -to the Building
Department.
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H. Final design of the project shall provide for the incorpor-
ation of water-saving devices for project lavatories and
other water-using facilities .
I . Prior to occupancy of any building, the applicants shall
provide written verification from Orange County Sanitation
District No. 5 that adequate sewer capacity is available to
serve the project.
J . Any mechanical equipment and emergency power generators
shall be screened from view, and noise associated with said
structures shall be sound-attenuated so as not to exceed 55
dBA at the property lines . The latter shall be based upon
the recommendations of a qualified acoustical engineer and
approved by the Building Department.
K . Prior to occupancy of any buildings, a program for the
sorting of recyclable material from other solid wastes
shall be developed and approved by the Planning Department .
L. A landscape and irrigation plan for the project shall be
prepared by a licensed landscape architect . The landscape
plan' shall integrate and phase the installation of land-
scaping with the proposed construction schedule. (Prior to
occupancy, a licensed landscape architect shall certify to
the Planning Department that the landscaping has been
installed in accordance with the prepared plan.)
M. The landscape plan shall be subject to review of the Parks,
Beaches, and Recreation Department and approval of the
Planning Department.
N. The landscape plan shall include a maintenance program
which controls the use of fertilizers and pesticides .
0. The landscape plan shall place heavy emphasis on the use of
drought-resistant native vegetation and be irrigated via a
system designed to avoid surface runoff and overwatering.
P . The landscaping plans adjacent to the drive entrances shall
be reviewed and approved by the Public Works Department and
the Department of Parks, Beaches , and Recreation for sight
distance requirements .
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Q. The project shall be so designed to eliminate light and
glare spillage on adjacent uses . Any parking lot lighting
shall be subject to approval of the Planning Department.
R. Should any resources be uncovered during construction, a
qualified archaeologist or paleontologist shall evaluate
the site prior to completion of construction activities,
and all work on the site shall be done in accordance with
the City Council 's Policies K-5 and K-6.
S. The following disclosure statement of the City of Newport
Beach' s policy regarding John Wayne Airport should be
included in all leases or subleases for space in the proj-
ect and shall be included in any covenants, conditions, and
restrictions which may be recorded against the property:
Disclosure Statement
The Lessee herein, his heirs, successors, and assigns
acknowledge that:
a) The John Wayne Airport may not be able to provide ade-
quate air service for business establishments which rely on
such services;
b) When an alternate air facility is available, a complete
phaseout of jet service may occur at the John Wayne. Air-
port; .
c) The City of Newport Beach may continue to oppose addi-
tional commercial air service expansions at the John Wayne
Airport;
d) Lessee, his heirs, successors, and assigns will not
actively oppose , any action taken by the City of Newport
Beach to phase out or limit jet air service at the John
Wayne Airport.
T. The final design of onsite vehicular and pedestrian circu-
lation shall be reviewed and approved by the Public Works
Department and the Planning Department prior to issuance of
the grading permit.
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U. Signing shall be reviewed by the City traffic engineer.
V . Handicap and compact parking spaces shall be designated by
a method approved by the City traffic engineer.
W. The layout of the surface and structure parking shall be
subject to further review and approval of the City traffic
engineer.
X . The parking arrangement during the construction period
shall be approved by the City's Planning Department and
traffic engineer prior to issuance of any grading and/or
building permit(s) should the applicant desire to continue
operation of the existing facilities during the construc-
tion period.
Y . All onsite drainage shall be approved by "the City Public
Works Department .
Z. Prior to issuance of any building permits authorized by the
approval of this use permit, the applicant shall deposit
with the City finance director a sum proportional to the
percentage of future additional traffic related to the
project in the subject area, to be used for the construc-
tion of a sound attenuation barrier on the southerly side
of West Coast Highway in the West Newport area.
AA. Prior to issuance of building and/or grading/demolition
permits, the Planning Department shall approve a signing
program for the proposed project .
BB. A weekly cleanup program around the docks and public walks
shall be conducted on a regular basis . Construction basins
or other devices shall be installed to prevent waste from
getting into Newport Bay.
CC. An Army Corps of Engineers permit shall be obtained prior
to any reconstruction of bulkheads .
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APPENDIX A
CORRESPONDENCE
STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR.,Governor
DEPARTMENT OF FISH AND GAME
MARINE RESOURCES REGION
350 Golden Shore
Long Beach, California 90802
(213) 590-5117
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28 September 1981
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Mr. William R. Foley, AICP
Vice President
Larry Seaman Associates, Inc.
500 Newport Center Drive - Suite 525
Newport Beach, California 92660
Dear Mr. Foley:
In response to your letter of September 11, 1981 and the on-site meeting
of September 23, 1981 regarding the proposed construction of a Chart House
restaurant on the site presently occupied by Boatswain' s Locker boat yard,
we would reiterate our views as expressed at that meeting.
Our basic concern with respect to the proposed project is for the loss of•
marine inter and subtidal habitat which would result from the bulkheading
and filling of the existing marine railway. As discussed, we would not ob-
ject to the proposed project if alternative construction methods were
utilized which did not require bulkheading and filling.
Should alternative construction methods prove to be engineeringly unsound
and bulkheading and filling required, then we would request compensation
for habitat loss. This could consist of restoration of a degraded upland
area within Newport Bay to an intertidal area.
You indicated that you would explore alternative construction methods and
compensation measures should they prove necessary. We also indicated that
we would explore the use of suitable areas within Upper Newport Bay as com-
pensation sites.
We appreciate the opportunity to meet on site and discuss the proposed pro-
ject prior to its finalization.
Sinc ely, _
�^ John L. Baxter
��� Regional Manager
. tOt�7
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\'+o �✓= ' NATIONAL MARINE FISHERIES SERVICE
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Southwest Region
300 South Ferry Street
Terminal Island, California 90731
September 28, 1981 F/SWR33:RSH
Mr. William R. Foley
i Larry Seeman Associates, Inc.
500 Newport Center Drive, Suite 525
Newport Beach, CA 92660
Dear Mr. Foley:
As I indicated to you during our meeting of September 23, 1981,
our Agency's primary concern with the proposed construction of a Chart
House restaurant in Newport Bay involves the proposed fill of the
existing marine railway and subsequent loss of marine fishery habitat.
It would be preferable if the proposed project could be built without
any fill activities. If, however, this option is not feasible, we would
recommend that habitat compensation measures be included as part of the
total project. A copy of our Southwest Region's Habitat Protection Policy
is enclosed for your information. Should you have any further questions
please contact me at the above address or phone (213) 548-2518.
Sincerely yours,
Robert S. Hoffman
Fishery Biologist
Enclosure
cc:
USFWS
CDF&G
June 8, 1978
NATIONAL MARINE FISHERIES SERVICE
SOUTHWEST REGION
HABITAT PROTECTION POLICY
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The National Marine Fisheries Service (NMFS) reviews Federally initiated or
Federally licensed or permitted projects which have the potential of altering
aquatic environments and thereby impacting the biological resources which depend
upon those habitats. The Southwest Region of NMFS will not recommend approval
or authorization of any project or activity that will damage any existing or
potentially restorable habitat of living marine, estuarine, or anadromous resources.
Habitat may include spawning areas, rearing areas, food-producing areas, or other
areas necessary for the survival of those organisms. The water-dependence of the
proposed activities will be a positive consideration in determining project approval.
"i Under circumstances in which habitat/resource damages can be compensated,
exceptions to the policy may be allowed. The following conditions are required i
�I for such exception:
1. The project will incorporate all feasible modifications and construc-
tion techniques to eliminate or minimize adverse environmental impacts;
2. An acceptable combination of habitat restoration, enhancement or off-
site acquisition will be adopted to compensate for adverse environmental impacts i
that cannot reasonably be eliminated by project modification; and i
3. Post-project habitat value shall be equal to or greater than pre-project
habitat value. Determination of post-project value will be based on the contrib-
ution of that habitat to the support of commercial and recreational fisheries,
fishery resources, certain marine mammals, and/or endangered species.
Some of the types of projects and activities which may cause damage to marine,
estuarine, or anadromous resources include: dredging, filling, river alterations,
drainage of wetlands, discharge of effluents, as well as certain construction or
operational activities. The activities listed are not intended to be all-inclusive
but are representative of activities which are of concern to NMFS. It is in the
best interest of project sponsors to contact the appropriate NMFS office as early
as possible to determine the impacts, if any, of each particular project.
I
For further information contact one of the following offices:
National Marine Fisheries Service National Marine Fisheries Service
Environmental Assessment Branch Environmental Assessment Branch
300 South Ferry Street, Room 2016 3150 Paradise Drive
Terminal Island, CA 90731 Tiburon, CA 94920
Telephone: 213-548-2518 Telephone: 415-556-0565 f
National Marine Fisheries Service
Environmental Assessment Branch
Western Pacific Program Office
2570 Dole Street
Honolulu, HI 96812
Telephone: 808-946-2181
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