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HomeMy WebLinkAboutTPO080_CASTAWAYS MARINA TPO080 N�y OF NEWPORT BEACH MINUTES COUNCIL MEMBERS February 10, 1992 s, INDEX ROLL CRLL Paul Musser, Governmental Relations Massage Chairman, American Massage Therapy Establshms/ Association, addressed the Council Zoning indicating he felt further clarification of the proposed ordinance was needed for to Council action, and suggested t document be tabled. Jo Black, owner of A Place to Relax, addr sed the Council in support of inclu ng the M-1-A zone in the proposed ordinan e, but also requested the Council efar action until more massage therapist had an opportunity to give their inpu The City At rney commented that his office has nducted at least two general meeti s with all current massage operator licensed with the City regarding the proposed ordinance amendments. This ssue has also been before the Planning ommission and City Council on two se par to occasions. He stated he is concerns that some people feel there is a "hidde agenda" on the part of the City with spect to this subject, which is total l false. The proposed ordinance was pr ared over a period of seven months wit input from those in the massage therapy usiness. Lonna Smith, owner of Shangri Spa at 4320 Campus Drive, addressed the ounail in support of the proposed or ance inasmuch as her business will be al wed to remain in the M-1-A zone. Hearing no others wishing to address t Council, the public hearing was closed. Motion was made to Introduce ORDINANCE Ord 92-2 Motion x N0. 92-2, and pass to second reading on All Ayes February 24, 1992. 2, Mayor Sansone opened the continued public hearing regarding, A. Proposed ORDINANCE NO. 91-48, Ord 91-48 being, Castaways Marina/ AN ORDINANCE OF THE CITY COUNCIL Zoning OF THE CITY OF NEWPORT BEACH (94) ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMIIISSION AMENDMENT NO. 743) [REQUEST OF THE IRVINE COMPANY]; AND B. TRAFFIC STUDY N0. 80 - A request Trfc Stdy to approve a traffic study so as No. 80 to permit the construction of a 71 slip marina with support parking and accessory facilities in the Castaways farina Planned Community; AND volume 46 - Page 44 CITY OF NE"ORT BEACH MINUTES COUNCIL MEMBERS REGULAR COUNCIL MEETING 0f PUCE: Council Chambers TIIDZ: 7:00 R.M. DATE: February 10, 1992 jNDEX ROLL CALL Present x x x x x x x ROLL CALL. Motion x B Reading of Minutes of Adjourned Meetings All Ayes of January 24 and 25; Adjourned and Regular Meetings Adjournned Meetings of February 1 7and 33. 1992, was waived, approved as written, and ordered filed. Motion x C. ading in full of all ordinances and All Ayes r olutions under consideration was wa vad, and City Clerk was directed to rea by titles only. D. GS: 1. Mayor Sansone opened the continued Massage public hearing regarding proposed Establshms/ ORDINAN , being, Zoning AN RDINANCE OF THE CITY COUNCIL (94/27) OF HE CITY OF NEWPORT BEACH G TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, $O AS TO ESTAB SPECIFIC PROVISIONS FOR THE LO TION AND OPERATION OF CITY OF OF 5TABLIRTHd EACHWITHIN(PLANNING YCA 742 COWaSSIO AMENDMENT No. 742). Report from the anning Department. Signed petition ith signatures of businesses who have o objection to the continued operation f the Shangri La Spa at 4320 Campus D ve. It was noted that at tha January 13, 1992 City Council meetin , this item was continued pending furth study of the proposed amendment. The Council directed staff to meet wi h William J. Kopany, an attorney repress ting several independent massage establ hments, as well as other interested o rators of massage establishments. After discussing this matter with Kopeny and various massage esta ishment operators, and reviewing other u as that are permitted in the M-1-A Distr t, the City Attorney's Office has reco ended that massage establishments al be permitted in the M-1-A District, su act to the securing of a use permit. The proposed ordinance has been rev ad accordingly, and now reflects t t massage establishments will be allow d in the 0-0, C-1, C-2, and the M-1- zones. Forty of the forty-three massage establishments in the City fall into the above zones. The three massage establishments not in the subject zones are located in the Cannery Village/ McFadden Square area. The use permit fee for these massage establishments will be $200, and would apply to all existing - businesses _that a Iliad for the use permit on or before January 1, 1993, unless said period is extended by the Planning Commission. i volume 46 - Page 43 i CY OF NEWPORT BEACH MINUTES COUNCIL MEMBERS February 10, 1992 INDEX ROLL CALL C. RESUBDIVISION NO. 972 - A request Resub 972 to create one parcel of land for marina development in the Castaways Marina Planned Community. Property located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. I Report from the Planning Department. Letters from the following in opposition to the project: Mrs. T. W. Beliakoff, Judith J. Hastings, Maureen Shrubsole, Alan L. Blum, Dean and Meredith Meiling, Elizabeth Stillman, Steve Dexter, Continental Coach Corp employees: Richard D. Orellano, Traci Matthews, Kelly Barloza, Rennie Perkins, Dennis Guadan, and Danny Aguinlin, Pete DeSimone, Terry Noble-Sanders, Thomas Wiessler, Elliott C. Mercer, Bill Griffin, Lisa Frausen Boehm, Sheila K. Neathery, Darrell L. Creamer, Mary M. Kessler, and Virginia Kvinge. The City Clerk advised that after the agenda was printed, a report was received from the Harbor Quality Citizens Advisory Committee regarding the proposed project. Ed Power, President, California Recreation Company, representing The Irvine Company, addressed the Council and introduced Jerry King, Consultant, who gave an overview of the proposed Castaways Marina. Mr. King stated that the proposed marina will consist of 71 boat slips, the required parking, restaurant facilities., public access and public viewing areas, all of which were part of the original marina. They feel this marina, as presented, will provide for the interest of all of those individuals concerned, and will represent the interests expressed by the City Council, as well as the mitigation measures required by the Coastal Commission. He referenced a document dated February 3, 1992, "A Summary of the Revised Draft Biological Mitigation Plan for the Loss of Mudflat and Shallow Subtidal Habitat," as well as an accompanying aerial view of the proposed marina and surrounding areas. Under the proposed 71 boat slip marina design, in-bay dredging will remove a total of 0.55 acres of wildlife habitat. This loss will be mitigated by the restoration of 2.09 acres of degraded habitat on Shellmaker Island. This restoration effort will compensate for in-bay habitat loss associated with the Castaways Marina project at a mitigation ratio of 3.8 to 1. 1 Volume 46 - Page 45 O CITY OF NE"ORT BUCIO MINUIE5 ANCIL MEMW February 10, 1992 INDEX ROLL CALL In response to questions raised by Castaways Council Member Cox, Mr, King stated that Marina/ the site for the proposed marina is Zoning privately owned by The Irvine Company, and the new marina will have fewer boat slips than the original marina. He also clarified the proposed mitigation plan for Shelimaker Island. Patricia L. Temple, Advance Planning Manager, stated that since this project was last before the City Council, some concerns were raised as to the portrayal of not yet adopted harbor lines on the exhibits for this project. This issue was also a concern of the staff when the design of the marina showed slips very close to potential new harbor lines. Since the marina proposal now shows all slips within the upland owned by The Irvine Company, the issue of proximity to potential harbor lines is not important, audit is therefore suggested that if the revised proposal is approved by the City Council, the following revisions be made: 1) Delete mitigation measure No. 66 (page A-11 of the resolution exhibit); and 2) Revise the marina layout exhibit included in the P-C text to eliminate the proposed 200 foot wide access channel and 20 foot setback lines (handwritten page 46). In response to question raised regarding removal of dredge spoils, Ms. Temple replied that the EIR provided for removal to Off-Shore Disposal in L.A. No. 3, to Coyote Canyon landfill, or other inland disposal locations, It was also indicated by Mr. King that only commercial streets would be used for transporting the dredge spoils out of the City. The following persons addressed the Council in support of the revised project: Edwin Amyes, 311 Morning Star Lane Frank 'Robinson, 1007 Nottingham Road Carl Kymia, 1800 Sabrina Terrace Edward Lund,704 Orchid Avenue Richard Demmer, 2812 Cliff Drive Daniel Parsons, 518-1/2 Marigold Avenue,, addressed the Council and stated he rows frequently in Back Bay and supports minimal development in the area. He also suggested that there be increased enforcement of sppeed limits,- _ ate. , in the area due to tha number of boaters using the Bay. Hearing no one else wishing to address the Council, ,the public hearing was closed. Volune 46 - Page 46 #TY OF NWORT BEACH MINUTES COUNCIL MEMBERS ,p February 10, 1992 INDEX ROLL CALL Motion was made to: Castaways Motion x Marina/ All Ayes (a) Adopt Resolution No. 92-15, Zoning accepting, approving and Res 92-15 certifying Final Environmental . Impact Report No. 138; (b) Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; (d) with respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, are acceptable; delete Mitigation Measure No. 66 (page A-11 of the resolution exhibit and revise the marina layout exhibit included in the P-C text to eliminate the proposed 200 foot-wide access chammel and --- foot setback lines (handwritten page 46) and (a) Reintroduce Ordinance No. 91-48; and pass to second reading on February 24, 1992; and (f) Sustain the action approving a modified i4an and a rove Traffic ,, t y oy,;8,A _ Resu :division.No,. . ..�7 2..� Council Member Watt indicated her on- going concern relative to discharge into the Bay, and emphasized the language in Condition No.32 which states as follows: ,,For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials." Volume 46 - Page 47 CITY OF NEWPORT BEACRO COUNCIL 4EMBER5 MINUTES February 10, 1992 INS( ROIL CF LL PUBLIC COMMENTS: Council Member Hedges read a letter vithodi comment which had appeared in the Grange County Register newspµspar entitled "Progress in the Schools. F. CONSENT CALENDAR: Motion The fo owing actions were taken, except for M Mot Ayes x those i as removed: 1. 0 CES FOR INTRODUCTION: Norte. 2. RESO IONS FOR ADOPTION: (a) olution No. 92-16 authorising Emerg Veh th purchase of Emergency Vehicle Pre-emptn/ Pre emption (EVP) equipment at the Trfc Sgnls si lized intersection along Res 92-16 Irvi Avenue and Jamboree Road. (85) [Repo t from the Fire Chief and Public Works Director] 3. CONTRACTS/A S: (a) Removed on the Consent Calendar (refer t agenda item 0.2 for Council ac on). (b) Award CONTBA T NO. 2866 FOR BALBOA Bal Pnsla/ PENINSULA BALBOA ISLAND ALLEY Bal Is Aly REPLACEMENT bOLLIMS plcm/Col- AVENUE STORM D 33RD AND 34TH line AVe STRUTS STORM D REPLACEMENT to 3rd/34th Kennedy Pipeline Company of Laguna Hills, Cal rni for the total is Strm bid price of $508, 65,20. [Report -2866 from Public Works apartment] (38) (c) Award CONTRACT NO 2879-B FOR til Yrd UNDERGROUND UT RELOCATION pnsn/Undr NEWPORT BEACH UT IRS YARD elctn/PHI EXPANSION, PHASE I t Universal -2879-B Pacific Corporation, I . , in the (38) amount of $107,108. [R ort from the Public Works Depart ntj (d) Approve AGREMIENT to pro da and !ract 12105 maintain AFFORDABLE USING rvn Co REGARDING TRACT 10. 9105. [Report from the City Atto y] (a) Approve recommendation by the ty ibrary Attorney for minor Amendments to -Achg Agm CONTRACT No. 2823 - LI Y ds EXCHANGE AGREEMENT. [Report fr .-2823 the City Attorney] 38) 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for reply, nnex/SAna request from Yuretta Lorman, Santa ights Ana Heights property owner, for (�1) inclusion in =the City of Newport Beach SPHERE OF INFLUENCE FOR ANNEXATION. Volume 46 - Page 48 i City Council Meeting February 10 1992 Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A. Ordinance No 91-48 (Amendment No. 743) Request to adopt Planned Community District Regulations and Development Plan for the Castaways Marina; and the acceptance of an environmental document. AND B. Traffic Study No. 80 Request to approve a traffic study so as to permit the construction of a 71 slip marina with support parldng and accessory facilities in the Castaways Marina Planned Community. AND C. Resubdivision No. 972 Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of Lot 1,Tract No. 1125, located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER/ SURVEYOR: Dulin and Boynton Surveyors, Signal Hill — - �. . ------------•--..-._......._- - - ..._.. TO: City Council f Background This item was originally scheduled for public hearing on January 13, 1992. Before the hearing, The Irvine Company requested continuance in order to further evaluate the feasibility of a smaller marina proposal which would eliminate the long extension of slips proposed to be constructed along the upper Castaways site. The Irvine Company has since submitted a revised proposal to construct a 71 slip marina within the confines of the property owned by The Irvine Company with no slips proposed in the county tidelands area. This report will provide additional analysis of the project to detail the differences from the original proposal and alterations in the impact analysis. Applications If approved as recommended by the Planning Commission,the applications requested would authorize the construction of a 121 slip commercial marina on the Lower Castaways site. In addition to marina slips, the project would include support facilities including parking, a rest room/shower building,public access and a public viewing area. The revised proposal would allow for the development of a 71 slip marina within the zoned upland of the lower Castaways site, and would include the same amenities and support facilities in a different configuration. An amendment is required to adopt Planned Community District Regulations and a Development Plan. A Traffic Study is required of any commercial development which will generate 130 daily trips or more. A Parcel Map is required to establish a separate building site for the construction of the proposed marina. Section 20.51.035 of the Code sets forth the application procedures for a P-C, and Section 20.51.040 describes the required components of the P-C Development Plan. Traffic Study procedures are set forth in Chapter 15.40 of the Municipal Code, and the procedures for Resubdivision are contained in Chapter 19.12.040 of the Code. Suggested Action Hold hearing, close hearing; if desired 1. Adopt Resolution No. accepting, approving and certifying Final Environmental Impact Report No. 138; 2. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; o 3. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; 4. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated TO: City Counc:03. 0 into the project, and all significant environmental effects that can feasibly be miti- gated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, are acceptable; 5. Re-introduce Ordinance No. 9148 and pass to second reading on February 24, 1992, being: AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA (PLANNING COMMISSION AMENDMENT NO. 743) 6. Sustain the action of a modified plan and approve Traffic Study No. 80 and Resubdivision No. 972. Planning Commission Recommendation At its meeting of November 21, 1991, the Planning Commission voted (4 ayes, 2 noes, 1 absent)to recommend approval of Amendment No. 743 to the City Council. The proposed action includes a Traffic Study, Resubdivision and Environmental Impact Report. Copies of the staff report and an excerpt of the minutes of the Planning Commission meeting were attached to the staff report of January 13, 1992. The Council is requested to bring this report to the hearing. If additional copies are required, please notify staff and additional copies will be delivered. In taking action on the project, the Planning Commission considered and discussed various alternatives to the project as analyzed in the Environmental Impact Report. The project ultimately approved is a composite of two of the design alternatives which incorporates a rotation of the slips adjacent to upper Castaways to reduce mudflat impacts and the incorporation of an alternative access design which will result in the creation of site access at a signalized intersection at Cliff Drive. The Planning Commission gave serious consideration to an 84 slip alternative described in the E1R. This alternative would have eliminated the long "finger" of slips which runs northerly and adjacent to the upper Castaways site. In deciding to approve a modification of the proposed project instead of the 84 slip alternative, the Planning Commission recognized that the project habitat impacts would have to be mitigated in a manner satisfactory to the Federal and State resource agencies, and that the most critical habitat impacts (halibut nursery habitat) result from the creation of the marina basin, which occurs with both the 121 and 84 slip alternatives. TO: City Council Analysis Revisions to Project, The revised project, if approved, would allow the construction of 71 marina slips in a marina basin to be created in the lower Castaways site. The design does not provide for any slips in the County tidelands area. The project would provide 56 parking spaces, a single rest room/shower facility, and public access to the bay via a walkway at the base of the existing slope which separates the site from upper Castaways. Project Statistics. 71 marina slips are proposed, with 34 forty-two foot slips and 37 forty foot slips. 56 parking spaces are provided, which equals 0.79 parking spaces per slip. City harbor permit policies require at least 0.75 parking spaces per slip. k'nne to the Impact Analysis. The January 27, 1992 letter received from Cash and Associates (attached) which transmitted the revised project proposal describes the changes in physical environmental effects which result from the revisions. In summary,these changes area: 1. Increased dredging landward of the existing bulkhead and reduced dredgingbayward of the existing bulkhead. 2. Increased landscape area within the site plan. 3. Slight reduction in long term water quality impacts due to the reduced number of boat slips. 4. No negative effects on harbor circulation. 5. Fewer changes to the flow of water in the bay and beneath the Coast Highway bridge. 6. Reduced potential for debris accumulation in the dock system. 7. Reduced construction time which will result in less construction-related air quality and noise impacts. 8. Reduced traffic impacts related to construction and less overall long-term traffic generation. Several significant environmental effects associated with the original project are not altered by the new design. These include dredging impacts to Young-of-the-Year and Juvenile Halibut habitats, and dredging impacts to mudflats. As a result, there are no changes to the need for habitat mitigation which is currently proposed at Shellmaker Island. Impacts of Recurrent Storms. During the Planning Commission public hearing, several citizens expressed concerns related to potential problems with the proposed marina from storm flows through upper Newport Bay. In reviewing the record, staff discovered that the .... . .... ........... ...... TO: City Council - inadvertently technical report on this issue was inad y omitted from the EIR Technical Appendices. A copy of this report was previously distributed and is incorporated into the Final EIR. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Bygatia L 1t�� L.. Temple Advance Planning Manager Attachments: 1 1. Draft Resolution - EIR 138 2. CEQA Statement of Findings and Facts (Exhibit 1 of DraftResolution) esoluti solution (Exhibit 2 of ) Considerations Ex 3. CEQA Statement of Overriding C ( 4. Letter from Cash and Ass ociates uni Text with revise d Pl anned Comm ty 5. Ordinance wit i 6. Revised Site Plan Previously Distributed: 7. Excerpt of Planning Commission Minutes - November 21, 1991 8. Planning Commission Staff Report - November 21, 1991 9. Report on the Impacts of Recurrent Storms 10. Correspondence received (42 opposing; 34 supporting) 11 Environmental Impact Report No. 138 PLT...\CC\AMD\CCA743.SR3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT' REPORT NO. 138 FOR THE CASTAWAYS MARINA PROJECT WHEREAS, the Draft Environmental Impact Report No. 138 provided environmental impact assessment for the proposed Castaways Marina Project;and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act(CEQA),the State CEQA Guidelines and Council Policy K-3; and WHEREAS,the DEIR was circulated to the public for comment and review; and WHEREAS,written comments were received from the public during and after i the review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the Planning Commission and City Council;and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088(b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Castaways Marina Project completely and adequately and fully complies with all requirements of CEQA and the CEQA Guidelines;and WHEREAS, the City Council has reviewed and considered the information contained in the certified final EIR in maldng its decision on the proposed Balboa Bay Club Expansion and Remodeling Project; and 6 WHEREAS,the City Council desires to approve the project;and WHEREAS,the City Council by this Resolution adopts the Statement of Facts and Statement of overriding Considerations as required'by Sections 15091 and 15093 of the State CEQA Guidelines; and WHEREAS,Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed,identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1-Changes or alterations have been required in,or incorporated into,the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2- Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic; social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS,Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environmentwhere feasible as shown in the findings under Section 15091,and (13) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable i environmental risks in determining whether to approve the project; and WHEREAS,Section 15903(b)of the State CEQA Guidelines requires,where the decision of the City Council allows, the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record. 7 2 NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence in the record,including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 2, The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, including the Final EIR. The Statement of overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3, The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no Imown potential environmental impacts not addressed in the Final BIEL 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR and enforced by the mitigation monitoring program. 6, The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible,based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. 7, The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. The City Councilfinds that 3 S the remaining unavoidable significant impact is clearly outweighed by the economic,social and other benefits of the project,as set forth in the Statement of overriding Considerations. 8, The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project,even when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council finds that the project should be approved as modified by the design alternative described in the Statement of Facts and Findings, and that any alternative to this action should not be approved for the project based on the information contained in the Final EIR,the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 10. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project,including the Final EIR. 11. The City Council finds that during the public hearing process on the Castaways Marina Project, the Environmental Impact Report evaluated a range of alternatives. The project, as approved by this action, is included in that range of alternatives,and incorporates two of the design alternatives into the approved project. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW,THEREFORE,BE TT RESOLVED that the City Council does hereby certify the Final Environmental Impact Report No. 138 for the Castaways Marina Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impact Report is comprised of the following elements: 4 q 0 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Planning Commission Staff Reports 4. Planning Commission Minutes and Conditions for 5. Planning Commission Resolution, Findings Recommended Approval 6. City Council Staff Reports 7. City Council Minutes 8. City Council Ordinance,Resolution and Findings and Conditions for Approval 9. Comments and Responses received prior to final action and not contained in 1 through 8 above. All of the above information has been and will be on file with the Planning Department,City of Newport Beach,City Hall,3300 Newport Boulevard,Newport Beach, California 92659-1768, (714)644.3225. ADOPTED THIS day of 1992. MAYOR ATTEST: I CITY CLERIC Attachments: Exhibits 1 &2 PL7,.-\au\ffia\Hat3&R51 5 I • r r • • EXHIBIT 1 STATEMENT OF FINDINGS AND FACTS FINAL ENVIRON CASTAWAYS S MEAN REPORT 138 I. BACKCROUPID i The California Environmental Quality Act(CEQA)and the CEQA Guidelines(Guidelines) promulgated pursuant thereto provide: 'No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of-those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmen- tal effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdic- tion of another public agency and not the agency making g• Such changes have been adopted by such other agency or can and should be adopted by such other agency. i 3. Specific economic,social,or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach has determined that the proposed project should be approved. A description of the project to be approved is provided below. Because the proposed actions constitute a project under CEQA,and the Initial Study determined that the project could have significant effects on the environment,s EIR indicates that Newport $each has ill be significantrrepred' an Environmental Impact Report(EIR). impacts as a direct result of the project in the area of construction noise and marine biological resources, and that significant effects to air and water quality will other past resent and cumulative basis as a result of the project in conjunctionFacts set t forth below explain the reasonably foreseeable future projects. The Findings City's reasons for determining that the project should be approved as proposed. 11 PROtprr nuCt^R7P't'lON A. PROJECT OBJEC 1M 1. The objective of The Irvine Company is to provide economically viable commercial marina facilities within Newport Bay. The project is a 71 slip marina. B. DISCRETIONARY ACTIONS TO BE APPROVED AS PART OF THE PROJECT 1. Amendment No.743 Request to establish Planned Community District regulations and adopt a Planned CommunityDevelopment Plan for Castaways Marina. A-1 �� 2. Traffic Study No.80 Request to approve a traffic study so•as to permit the construction of a 71 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. 3. Resubdivision No.972 Request to create one parcel of land for marina development in the Castaways Marina Planned Community• IN, S AND FACTS IN SilPPORT OF ITNDINCS REGARDING THE E.N ^ROIQ BNTAL 1?FFPCfS OF 7IIE PROJECT A EFFECT'S DETERMINED TO BE INSIGNIFICANT Earth • Unique geological or physical features will not be affected since they do not occur on the marina site. • No increases in exposure of people to geologic hazards are expected since no onshore facilities for occupation are included in the project. Proposed grading and building construction will be required to meet the City s grading standards and building code requirements, respec- tively. ®it • Due to the nature of the proposed uses at the marina, the proposed project will not alter existing air movement,moisture,temperature,or local or regional climatic conditions. Water • Due to the groundwater conditions in the area,the direction or rate of groundwater now is not expected to be significantly altered by proposed marina construction • No significant change in the quality of groundwater, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations,is expected to result due to the project The project would require excavation of land infiltrated by salt water from the bay. However, increased salt water intrusion into the adjacent groundwater table is not expected to result due to the increased area of the bay. Fresh water sources of groundwater are distant from the proposed marina. • Water for boat wash down and ddnldng supplies will be available at the marina. However, due to the relatively small size of the marina, no substantial reduction of available public water supplies would be expected due to the proposed uses. Plant if • No reduction in acreage of agricultural crop land would result due•to the project;no agricultural use occurs at the site and the site is not suitable for such a use. A 2 /Z Anim l ffe No new be uced o the ect • area as are animal cf the proTJec. Zincrease in waetr area could provide additional habitat for bay fishes. T W and Glare • The possible increase in light around the marina is expected to be relatively minor and localized. Land c • The marina site is currently unoccupied and is designated for marine recreational and commercial uses. Thus,no conflicts with wasting or planned land uses are expected. Matt..,Resources • No significant increase in the use of natural resources is expected from the proposed project. Fuel and water usage due to increased number of boat slips and resulting boat usage is expected to be negligible. Rick of Upset • No interference with evacuation/response plans is expected. Due to the nature of the marina and its location in Upper Newport Bay,the marina is not expected to affect the orderly evacuation of the area. population • No increase in population would be expected since no residential facilities are proposed by the project. Mooring facilities will be limited to small vessels and no food,fuel,or service facilities are planned for the marina. Construction crews are expected to be from local areas. Also,live-aboards are prohibited in accordance with lease provisions. uo sin • No additional housing is required for construction or operation personnel. Transportation • Due to the location of the proposed marina within a large marina- oriented area, no long-term, significant alteration of patterns of circulation or movement of people and/or goods would be expected. • Due to the nature of the marina project, no changes to rail or air traffic would be expected. Public Sendces * Due to the nature of the proposed uses, the proposed project would ' not have a significant effect upon or result in the need for new or altered governmental services in any of the following areas: schools, parks or recreational facilities,other governmental services. Enerev • No substantial increase in energy usage (boat fuel or electricity) is expected due to the relatively small size of the project. A-3 �S • • III Utilities Due to the nature of the proposed uses at the site, the project ould not result in new utility systems or alterations to existing utility systems other than those needed to connect to existing adjacent utilities. Aesthetics • Other than potential short term view impacts during the dredging or construction phases,no aesthetically offensive views should result due to the project. Recreation • Recreational opportunities provided by the proposed project are expected to be beneficial. Although many impacts have been identified which are not significant, a complete set of mitigation measures and conditions of approval have been applied to the project to assure a minimal effect on the environment,as listed below: 1. Prior to issuance of a building permit,sigmage and exterior lighting shall be approved by the Planning and Public Works departments. 2. Prior to issuance of a grading permit, a landscape and irrigation plan shall be prepared by a licensed landscape architect. This plan shall be approved by the directors of the Planning, Public Works and Parks, Beaches and Recreation departments. Prior to issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning departments. The application for a grading permit is to be accompanied by the grading plan and specifications,and supporting data consisting of soil engineering and engineering geology reports or other reports required by the building official. 4. Grading operations and drainage requirements shall meet the standards set forth in the Citys Building Code(Appendix Chapter 70-Excavation and Grading,Sections 7001-7019) and the Building Departments General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimi impacts of haul operations. 6. An erosion,siltation,and dust control plan shall be submitted and be subject to the approval of the Building Department(prior to approval of the gradingp�it. A copy shall be forwarded to the CaliforniaEnviromnentalProtectiona en a onal Water Quality Control Board,Santa Ana Region. 7. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built' grading plans shall be furnished to the Building Department prior to issuance of building permits. S. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water,sewer, and storm drain for onsite improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. A-4 �� 9. No vessel discharges are allowed within Newport Bay: 10. A landscape plan,prepared by a licensed landscape architect,shall be submitted for approval by the directors of Planning and Parks,Beaches, and.Recreation,which includes a maintenance program that controls the use of fertilizers and pesticides. 11. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. 12. Prior to issuance of a grading permit,a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation emphasis on the use o£ drougbt-resistant native Department and shall place vegetation and be irrigated via a system designed to avoid surface runoff and over- watering. 13. A qualified archaeologist shall be present during pre-grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. in addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. in the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and/or developer. 14. A paleontological monitor shall be retained by the landowner and/or developer to attend pre-grade meetings and perform inspections during development. The paleontologist shall be allowed to divert,direct,or bait grading in a specific area to allow for salvage of exposed fossil materials. 15. Prior to issuance of any grading permits,the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 16. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • Between the hours of 7:00 am.and 6:30 p.m.on any weekday • Between the hours of 8:00 am.and 6:00 p.m.on Saturdays • Prohibited on Sundays and holidays 17. The following Fire Department standards/requirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet—no parking allowed b. 26 feet + car width— parking one side (parallel) C. 26 feet + 2 car widths— parking two sides(parallel) A-5 2, Turning Radius a. Cul-de-sac - Minimum 40-foot radius Minimum 42-foot radius if center is planted b. Comers Minimum 15-foot radius 3. Height Clearance a. Minimum overhead-13 feet 6 inches b. Building eaves,trees,etc.,are prolubited 4. Roadway Width with Access Control(Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted,whichever requires the greatest width B. Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be specified on site plans(basically at or near the cul-de-sac turnaround areas) C Marine Fire Protection 1. Standpipe and hose cabinet requirement a. Class If standpipe with hose cabinets arranged to provide protection to any portions of floats or floating vessels 2. Required Water Supplies a. Class II standpipe 100 GPM at a residual pressure of 65 P.S.I.at the most remote cabinet 3. Extinguishers a. One 2A 20 BC located in each hose cabinet 4. Transmittal of Fire Emergency a. A means of rapidly notifying the fire department in the event of an emergency (telephones used for this purpose shall not require the use of a coin) 18. In the event that hazardous materials/wastes are encountered during development of the site, these materials/wastes shall be handled and disposed of in accordance with all applicable federal,state,and local regulations. 19. The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. 20. To maintain project depths within the boat basin,dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and ACOE. l� A-6 21. To m;n;m;�A tidaal flow interference, the basin design shall use skuately spaced plastic pontoons to support the docks. 22. To reduce the extent and effects of increased turbidity;the applicant shall require the dredging contractor to use filter curtains around dredging operations,when feasible. 23. When be ed tide conditions suspendedimaterial will the be flushed scow aseaward and not into Upper Newport Bay. so 24. Prior to, and upon the completion of, the dredging operation, soundings shall be taken at each barge marshalling area and the data supplied to the City of Newport Beach Public Works Department to ascertain the need for dredging to return the area to pre-dredging conditions. Such dredging will be the responsibility of the project applicant. 25. Prior to the issuance of a grading permit,the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency,U.S. Coast Guard, and Regional Water Quality Control Board. 26. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 27. Suspended soils (e.g., sand)shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 28. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 29. Prior to demolition of existing bulkhead structure, a complete plan for litter and debris control for the demolition,grading,and construction phases to ensure debris is not permitted to enter Newport Bay shall be approved by the Directors of the planning and Marine departments. 30. Water extracted from dewatering wells and drained from bay materials shall meet current U.S.Environmental Protection Agency requirements prior to discharging into the bay. If necessary,the water shall be desilted prior to discharge. 31. The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S.Army Corps of Engineers. 32. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes,anti- fouling paint use,and refuse management(including handling of hazardous wastes) as a part of lease materials. 33. For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. 34. The applicant shall provide for periodic maintenance of the sanitary pump-outstation to ensure its continuous operation. 35. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. A7 36. The dredging contractor shall be required as part of the dredging0tract to ensure that dredging ii ivhies shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. 37. In accordance with ACOE requirements, the loss of mudflat habitat shall be mitigated by the in-kind replacement of mudflat habitat at a replacement ratio of 15:1 and at an ACOE-approved site,preferably in Upper Newport Bay. This habitat shall be replaced prior to any project-related dredging of the channel. mudflat will be created at depths between -1.5 and +2.5 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game,U.S. Fish and Wildlife Service, and the ALOE. The plan will include the following elements. 1. Pre-construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre-construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post-Construction Monitoring Program. A5•year monitoring program will be designed that includes both construction and post- construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly during the fast year followingee creation of the mudflat area; and annually for the remaining ye purpose of these surveys will be to measure the success of the mitigation project,comparing the shorebird diversity of the newly created mudflats with be presented in a post-survey reponearby. The the city sultsf each of Newport Bea h and responsible p Y P prepare agencies. 4. Option for Remedial Measures. If the newly created mudflat does not meet Pre-determined criteria, then remedial actions, including a second mudflat restoration attempt in another area,will be undertaken. Specific remedial measures will be determined upon consultation with responsible resource agencies. 38. In accordance with ACOE requirements, the loss of subtidal halibut nursery area shall be mitigated by the in-kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1,at depths between 1.5 and 3.21 feet below MLLW. This habitat shall be restored at an ACOE-approved site,preferably in Upper Newport Bay,prior to project-related dredging. A conceptual mitigation program shall be developed and implemented by the applicant in consultation with the National Marine Fisheries Service,CaliforniaDepartment of Fish and Game,U.S.Fish and Wildlife Service,and the ALOE. The plan will include the following elements. 1. Pre-Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre-Construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Construction and Post-Construction Monitoring Program. A 5-year monitor- ing program will be designed that includes both pre-construction and post- construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction;.quarterly for the fast year following the creation of the subtidal habitat;and annually for the remaining 4 years. The 18 A8 purpose of these surveys will be to measure the success of the mitigation project and compare the use of the newly created habitat by halibut with other areas in the Upper Bay. The results of each survey will be presented in post-survey monitoring reports prepared for the City of Newport Beach and responsible agencies. 4, options for Remedial Measures. If the newly created subtidal habitat does not meet pre-determined criteria,then remedial actions,including a second restoration attempt in another area,will be undertaken. However, specific remedial measures will be determined upon consultation with responsible resource agencies. 39. To avoid potential misuse of smaller recreational vessels in the Upper Bay and to reduce potential impacts on wildlife,Castaways Marina tenants shall,as part of their leases,be provided with educational materials regarding local and federal boating regulations and the importance of reducing disturbances to the wildlife of the Upper Bay. 40. All appropriate BWs shall be used to prohibit erosion and runoff during construc- tion and from disturbed and paved areas into Newport Bay.and the cattail marsh. Measures should also include revegetation immediately after construction ceases and placement of runoff-retaining barriers. 41. Dredging and construction activity will be terminatedbetweenApril land September 30, the breeding season of California least terns, to minimize adverse impacts on their foraging habitat due to increased turbidity. 42. The areas affected by construction shall be limited to the project site and proposed haul road;no material shall be deposited in the cattail marsh or coastal sage scrub habitats. 43. The landscape plan shall be altered to eliminate the use of periwinkle ground cover. 44. Prior to issuance of a grading permit by the city,the applicant shall present a traffic management program to manage contraction-related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of sigoage and flag people and include any requirements of the City of Newport Beach Police and Public Works Departments. 45. Prior to issuance of a grading permit by the city,the applicant shall coordinate with Caltrans,orange County,and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard, Bonita Canyon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak"Me periods. 46. Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill(assuming this disposal method is selected),haul trucks shall be inspected to ensure that(1)no water leaks from the trucks and(2) dirt has been placed to avoid spillage onto roadways. 47. The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection. This signal shall be designed and timed to discourage bypass traffic from using Cliff Drive,to the extent possible. 48. Daring the dredging and ocean disposal operations,a guideboat,or a lookout on the barge how, will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. A-9 I 49. Prior to issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system,and shall provide the City of Newport Beach with verification of said meeting. 50. Prior to the issuance of a dredging permit,the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard, and shall receive approval of the plan from said agencies. In addition,the contractor shall provide evidence to the City of Newport Beach that said plan has been approved and that the Notice to Mariners has been issued by the US.Coast Guard. 51. Dredging operations shall be limited to non-holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from approximately December 15 through January 1). In addition,said activity shall be limited to the hours of 7:00 am. to 6:30 p.m. for acceptable weekdays. 52. The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline-powered equipment. C. Implement engine timing retard. d. Utilize electrical or gasoline-powered instead of diesel-powered equipment whenever possible. 53. The applicant shall implement suppression measures for fugitive dust. Measures shall include wet suppression techniques for dry ground soil,immediate replanting and irrigation of landscaped areas, coverage requirements for loaded trucks,,and onsite vehicle speed limits of 15 mph. These measures, as well as others deemed necessary by the, City of Newport Beach, shall be incorporated as conditions of preventing onsite fugitive dust nuisances,as required in the SCAQMD Rule 403. 54. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds(greater than 20 mph). 55. On Saturdays,pile driving activity shall be further limited to the hours of 8:30 am. to 6:00 p.m. 56. The project proponent shall consult with the City of Newport Beach Water Department to ensure fire flows of 3,000 gpm for the project 57. Access dimensions shall be consistent with City of Newport Beach standards. 58. Fire protection requirements shall be consistentwith the Uniform Building Code and the Uniform Fire Code. 59. Prior to the City's issuance of an occupancy permit,the applicant•sball verify that the Newport Beach Fire and Police departments, and the Orange County Sheriffs Harbor patrol are provided with keys to all locked facilities/areas within the site. 60. Low-flow bathroom fixtures shall be used in the bathroom/storage buildings on the site. 61. The approved landscape palette shall include drought-tolerant plant materials. 62. The project shall be designed to avoid disturbance of the existing onsite 30-inch water main, or if this cannot be achieved, design for the proposed project shall A-10 °� include provisions for the relocation of the water main in accord with City of Newport Beach requirements. 63. A conduit system will be required for cable placement and shall be provided by the project proponent. 64. The City shall conduct a baseline traffic study on Cliff Drive,prior to installation of the traffic signal at Dover Drive/Cliff Drive. The City shall monitor traffic along Cliff Drive, and, if a significant amount of traffic results,the City will install new traffic control devices,such as stop signs,to make Cliff Drive less attractive to use than Coast Highway. 65. The landscape plan for the project will be modified to incorporate landscaping along the cribvA and will be reviewed and approved by the City of Newport Beach prior to issuance of the grading permit. 66. Revise the marina slip design, if necessary, to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge. The plan shall be submitted to the Public Works Department"for review and approval prior to the issuance of a grading or dredging permit. B. EFFECTS DETERMINED TO BE MITIGATED TO A LEVEL OF INSIGNIFICANCE Water ihAality Significant Effect: Construction Dredging will have short term adverse chemical impacts on water quality related to a reduction in dissolved oxygen levels and an increase in detectable levels of trace metals. These impacts could add to cumulatively significant water quality problems in the Bay during the construction phase, when installation of docks and pilings will add to the cumulative risk of leakages,of contaminants,such as polynucle- ar aromatic hydrocarbons (PAHs), grease, polychlorinated bipbenyls (PCBs),and other contaminants potentially harmful to marine life. Finding: Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to seismic risk, and to a level of insignificance with respect to soil conditions by virtue of the Standard City Policies identified in the Final EIR and the additional mitigation measure listed below: • Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits of clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Envir onmental Protection Agency, U.S. Coast Guard, and the Regional Water Quality Control Board. l� A-11 Significant Effect: Behind the bulkhead,material below the groundwater level will be dewatered. This water will be discharged to Upper Newport Bay and if it does not meet US. EPA standards, it could contribute to cumulatively significant water quality problems in the bay. Therefore,it will be required to meet or be treated to meet said standards. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the sigaifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: Water extracted from dewatering wells and drained from bay materials shall meet current U.S. Environmental Protection Agency requirements prior to discharging into the bay. If necessary,the water shall be desilted prior to discharge. • Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana, Regional Water Quality Control Board. Suspended soils (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. • Provision shall be made,as necessary,for the treatment of hydrogen sulfide to comply with water quality stan- dards and to control odors from the dewatering process. Significant Effect Ocean disposal of dredged material has a low potential to significantly degrade water quality at the I.P.3 site. Finding: Changes or alterations have been required in,or incorporated into,the project which'avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied4n the Final EIR and the following mitigation measure: • The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S.Army Corps of Engineers. A-12 M ri�¢y i Significant Effect: Accidental oil or fuel spills could potentially occur during the proposed dredging operation or marina construction and could result in significant effects on the wildlife of the Upper Newport Bay. Th6 duration of the construction operation would be relatively short and the potential for the occurrence of Petro- leum-product leaks or spills would be low. However,biological effects could be significant depending on the severity of the accident. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to seismic risk, and to a level of insignificance with respect to soil conditions by virtue of the Standard City Policies identified in the Final EIR and the additional mitigation measure listed below: Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and the .Regional Water Quality Control Board. Significant Effect: During operation of the marina, accidental oil or fuel spills could adversely affect wildlife in the Upper Bay; the signifi- cance would depend on the severity of the spill. The project would reduce the potential for accidental oil or fuel spills by not providing a fueling station, and by prohibiting major boat maintenance activities(painting,engine overhauls, etc.). Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final BIR Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: * For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regard- ing spills of hazardous materials,containment measures, and applicable penalties for violations as a part of lease materials. A 13 �3 Significant Effect: The Bayside Marsh Peninsula across the channel from the site is not expected to be affected in the short term by the project if precautions,such as the use of filter curtains,are implement- ed during the dredging operation. However,in the long term, boating activity is expected to increase in the main channel,and the channel width would be narrower because of the proposed pier. Ibis could result in an increase in noise and enhanced public access to the Bayside Marsh Peninsula mudflat and marsh habitat,thereby reducing the wildlife utilization value of the area. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: The dredging contractor sball be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. + To reduce the extent of increasedcontraurbidctor it use applicantilter cur- tains require the dredgingang operations,when feasible. tams around dredging op Significant Effect The project will result in a net loss of mudflat habitat, which represents a 41 percent decrease in this habitat category within the project's impact area. The mainte- nance of Newport Bay mudflats is important for the continued success of the birds that forage and nest in the Upper Bay. Reduction in mudflat habitat is considered to be a significant localized impact of the project. Finding: Changes or alterations have been required in,or incor- porated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final Bit. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: + In accordance with Army Corps of Engineers (ACOE) requirements, the loss of mudflat habitat sball be mitigated by the in-ldnd replacement of mudflat habitat at a replacement ratio of 15:1 in an ACOE•approved A 14 Aq site, preferably in Upper Newport Bay.. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the appropriate resource and regulatory agencies. Significant Effect: A permanent deepening of subtidal halibut t nursery of phis tat would result from channel dredging deepening habitat would reduce the habitat quality and result in a net loss of habitat for'Young of the year"(YOY). The dredging would also recontour habitat at depths preferred by juvenile halibut. The creation of the Castaways Marina basin will fully offset the loss of juvenile halibut habitat since the depth of the marina basin would be within the preferred depth range for juvenile halibut. The reduction and alteration of halibut nursery habitat is considered to be a significant local impact of the project,but is not expected to be a significant regional impact. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: In accordance with ACOE requirements, the loss of subtidal 'nursery area shall be mitigated by the in-kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1 at depths between 1.5 and 3.21 feet mean lower low water level. The mitigation shall be undertak- en in an ACOE•approved site, preferably in Upper Newport Bay. A detailed conceptual mitigation program sball be developed and implemented by the applicant in consultation with the appropriate resource and regulato- ry agencies. Terrestrial Bioloeical Resources Significant Finding: The proposed landscape plan includes periwinkle ground cover which is potentially invasive to natural plant communities, particularly wetland habitats. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: A 15 The landscape plan shall be altered to eliminate the use of periwinkle ground cover. rti,ltnral Re�ourCRS " Significant Effect: The Monterey and Capistrano formations located on both the Upper and Lower Castaways site have a history of providing fossil records throughout Southern California. Project imple- mentationwould expose these formations and could significantly affect and possibly destroy any fossil remains. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: • A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meet- and perform inspections during development The paleontologist shall be allowed to divert, direct,or halt grading in a specific area to allow for salvage of exposed fossil materials. Trag�tion Significant Effect: The proposed project will generate additional traffic,Primarily' on Dover Drive and Coast Highway, during the dredging and construction phase of the project The additional traffic may cause short-term traffic congestion in the vicinity of the project site. Construction-related traffic impacts can generally be mitigated to a level that is less than significant through the use of standard traffic control practices. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in.the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: • Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction-related traffic m s to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include A16 16 any requirements of the City of Newport Beach Police and Public Works Departments. Significant Effect: If ocean disposal for dredged materials is not approved,all or part of the material will be hauled to the Coyote Canyon Landfill. Assuming a 5-day work week and a 12-week dredging period,an estimated 70 truck trips a day could be generated by the proposed dredged material disposal operation. Due to the potentially high number of track trips,the dredging•operation would contribute to potentially significant short-'term traffic congestion in the cities of Newport Beach and Irvine. Finding: Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen theAgnifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: • Prior to issuance of a grading permit by the City, the applicant shall coordinate with Caltrans,the County of Orange, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur ' Boulevard,Bonita Canyon Road,and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid hauling during morning and afternoon peak traffic periods. Significant Effect: Trucks hauling dredged material to the Coyote Canyon Landfill could leak water or spill dirt along the haul route creating unsightly and unsafe road conditions. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill(assuming this disposal method is selected),haul trucks shall be inspected to ensure that (1) no water leaks from the tracks and (2) dirt has been,placed to avoid spillage onto roadways. �7 A-17 Significant Effect: If the landfill disposal option is not performed,all construction traffic would enter and exit the site via a driveway on the Lower Castaways site. In this case,only right turns into and out of Dover Drive would be possible. Entrance to the site would occur via a right turn from north-bound Dover Drive,immedi- ately after a right turn from Coast Highway. In addition,long- term traffic access to the marina would be limited to a right- turn in and out movement. This will generate additional U-turn movements at the Cliff Drive/Dover Drive intersection and is considered to contribute to potentially unsafe turning move- ments and lane changes. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4- way, signalized intersection. Harbor Circulation Significant Effect: Should either of the dredged material disposal alternatives be implemented, short-term impacts to harbor circulation are expected. The dredge/construction stage of the project will limit the ability of boats to enter or exit the Upper Bay due to the placement of equip- ment immediately north of the Coast Highway bridge. If the ocean disposal alternative is selected, the dredging activity and transport of the dredged material will potentially interfere with the various recreational boating activities/events,such as boat races,that occur on a regular basis in the harbor. With the scows moving down the middle of the channel,racing boats and pleasure craft will need to adjust their course to avoid the slow-moving scows. The disruption of harbor circulation is considered a short-term significant impact of the proposed project. Finding: Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: A-18 • • • During the dredging and ocean disposal operations, a guideboat or lookout onthe barge bow will be used and equipped with a megaphone and 2,way radio to mini- mize potential accidents. * Prior to the issuance of the dredging permit,the contrac- tor will meet with the ferry operator to develop an acceptable communications system,and shall provide the City of Newport Beach with verification of said meeting. Dredging operations shall be limited to non-holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from approximately December 15 through January 1). In addition,said activity shall be limited to the hours of 7:00 a.m.to 6:30 p.m.for acceptable weekdays. C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED I Listed below are We significant environmental effects that cannot be avoided if the project is implemented. These effects have been reduced to the extent feasible through the requirements and mitigation measures described below. The remaining unavoidable significant effects have been determined to be acceptable when balanced against the economic, social, or other factors set forth in the attached Statement of Overriding Considerations(Exhibit B). Water Ouality Significant Effect: Marina tenants could potentially discharge wastes from vessel holding,tanks illegally,resulting in an increase in bacterial and viral contamination, nutrient loading and turbidity that would contribute q small increment to cumulatively significant water quality problems in the bay. Findings: Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: No vessel discharges are allowed within Newport Bay. The applicant shall provide for periodic maintenance of the sanitary pump out station to ensure its continuous operation. A-19 Z I Significant Effect: The project will add a small increment to cumulative levels of anti-fouling and paint-related contaminants in the bay due to paint which can leach from the bottom of boats at anchor,and from normal maintenance activities,including bull scraping. In addition, bull cleaning activities could result in the periodic release of marine fouling organisms, increasing the organic content of local sediments which can then contribute to anoxic bottom conditions. Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. i Other.changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, anti- fouling paint use, and refuse management (including handling of hazardous wastes)as a part of lease materi- als. Significant Effect: Runoff from the new marina parldng lot and adjacent landscape areas will result in the discharge of contaminants such as oil, grease,fertilizers,pesticides,and trace metals into the bay and thus contribute a small increment to the cumulative water quality problems associatedwith stormwater discharges through- out the bay's watershed. Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as.identified in the Final EIR. Specific economic, social, or other considerations make infeasible•the project alternatives identified in the Final tIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. 30 A-20 in Support of Finding: • The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • A landscape plan, prepared by a licensed landscape architect, shall be submitted for approval by the Direc- tors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. • Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. i Prior to issuance of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought-resistant native vegeta- tion and be irrigated via a system designed to avoid surface runoff and over-watering. • The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. Significant Effect: The presence of additional boats introduced by the project could increase the risk of accidental oil and fuel spills occurring in Newport Bay. Spillage of hazardous materials,such as diesel fuel, gasoline and lubricating oils from vessels, and paint thinner and other organic solvents from maintenance activities, or the improper disposal of these materials associated with operation of the marina would contribute a small increment to cumulatively significant water quality problems in Newport Bay. Findings: Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in,the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: iThe significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, and- fouling paint use, and refuse management (including handling of hazardous wastes)as a part of lease materi- als. i A-zl 31 I Although the incremental increase in adverse water quality effects as a direct result of the project is considered minor,it is viewed as a cumulative-significant impact within the context of on-going regional growth. M unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities,the County of Orange,the Southern California Association of Governments, and the Regional Water Quality Control Board. Air Oualitv Significant Effect: The combined effect of all phases of construction would contribute to an already existing violation of the ozone stan- dard. Nitrogen oxide emissions from the dredging equipment are estimated to exceed 1001bs/day and would lead to a short- term significant impact of regional air quality. Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final BIEL Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: The project applicant shall require all applicable con- tractors to implement the following exhaust emission reduction measures: a. Maintain equipmentper manufacturer's specifica- tion. b, Install catalytic converters on gasoline-powered equipment. C. Implement engine timing retard. d. Utilize electrical or gasoline-powered instead of diesel-powered equipment whenever possible. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds(greater than 20 mpb). A-22 3y I Significant Effect: Although long-term project-generated air quality impacts are expected to be minimal due to the relatively small member of boats, any increase in emissions of ozone precursors (i.e., nitrogen oxides and hydrocarbons) is considered significant since the site is in a non-attainment area for ozone. Findings: Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies.or can and should be adopted by such agencies. Facts in Support of Finding: Although the incremental air pollutant emission increase as a direct result of the project is considered minor,it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is consid- ered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities,the County of orange,the Southern California Association of Governments, the South Coast Air Quality Management District, the California Air Resources Board, and the Federal Environmental Protection Agency. IQoice ' Significant Effect: Construction operations (e.g., dredging and pile driving) will produce noise levels that exceed the City's noise criterion of 65 dBA CNEL in residential areas. Although these increased noise levels are of a relatively short term nature,they may be perceived as significant by nearby residents. Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: A2.9 33 + Construction activities sball be conducted in accordance with the City of Newport Beach noise ordinance which limits constriction to the following hours and days. • Between the hours of 7:00 a.m.and 6:30 pXL on any weekday • Between the hours of 8:00 a.m.and 6:00 pm.on Saturdays • Prohibited on Sundays and holidays On Saturdays, pile driving activity sball be further limited to the hours of 8:30 am.to 6:00 pm. Although the incremental noise increase as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of OverridinglConsiderations. IV. PRO =ALTERNATIVES AnaW Section 5126(d)of the CEQA Guidelines requires that an EIR describe"a range of reasonable alternatives to the project,or to the location ofthe project,which could feasibly attain the basic objectives of the project,and evaluate the comparative merits of the alternatives." Six alternatives to the proposed project are evaluated in Section 6 of the Final EIEL These alternatives were developed with the intent of finding ways to avoid or reduce the environmental effects of the proposed project while attaining the basic objectives I of the project,even if those alternatives might impede the attainment of other project objectives and might be more costly. The City Council has determined that four of these alternatives are infeasible, in that they would not satisfy the basic project objectives or they would not substantially seduce the environmental effects as compared to the proposed project. A summary of the alternatives considered,along with an explanation of why each alternative was rejected is presented below. The Project Objectives are presented in Section H.A.,above. 1 No •ect/Dmvdopment According to xictin¢Entitlements The No Project/No Development alternative would maintain the site involved in its present state,with no change in entitlements and no construction of the new marina This alternative would avoid all of the environmental effects associated with the proposed project, and therefore is environmentally superior to the proposed project. This alternative would not meet the basic project objectives, however, and is therefore rejected as infeasible. In addition this alternative would allow for the eventual development of 40,060 sq.ft.of commercial development on the project site. 2.84 Boat Slip Alternative This alternative would provide for a marina with 41 fewer boat slips. It would incrementally reduce the dredging impacts of the project,although the project will engender similar impacts to juvenile halibut habitat to the proposed project. Because of the reduced dredging the alternative is considered environmentally superior. This alternative is not considered to be feasible since the design could result in the undermining of the Coast Highway bridge. However, the basic idea of this alterative has provided the basis for the approved project. y A-24 3 7 3 So Boat Marine without new Marr;na Basin This alternative would provide for a marina with 75 fewer boat slips. It would incrementally reduce the dredging impacts of the project,although the project will engender similar impacts to juvenile bah'but habitat to the proposed project. Because of the reduced dredging the alternative is considered environmentally superior. This alternative would not meet the basic project objectives,however,and is therefore rejected as infeasible. In addition,this alternative would allow for the eventual development of 40,000 sq& of commercial development on the project site. d Ott Live Site lxmflom The potential for alternative project locations was examined in order to reduce or alleviate the potential environmental effects on upper bay resources. the following sites were evaluated: Lower Newport Bay, West Newport/Newport Shores,DanaPoint and Huntington/Sunset Harbor.These locations were rejected due to the absence of available sites'within the location, the lack of City jurisdiction over the area and/or that similar development on these sites would result in similar environmental effects. In the consideration of the project and the alternatives to the project, the City Council has incorporated one of the design alternatives in order to reduce the significant effects of the proposed project This is the alternate long term site access design to a eliminate the ne signalized construc point mpor�ac access road on the U Drive. The ppesite it staw ys site and will provide safer long term access to the proposed project The approved project will also be altered from the original project proposed to reduce the number of marina slips to 71 and eliminate all slips from County tidelands area. This will result in the approval of an environmentally superior project which has similar environmental benefits to the 84 lip alternative BIR. The benefit is the re s reduced dredging required construct the project.d is the Q11dudo On the basis of the information presented above,the City Council has determined that the project as modified will accomplish the project objectives while substantially reducing the environmental impacts of the project The Statement of Overriding Considerations(Bxldbit 2)presents the reasons why the City Council has determined that the proposed project should be approved, even though it will contribute to significant project related and cumulative effects that cannot be fully mitigated. PLr..\«\=d\MRMA A-2s 3 5 Exhibit 2 cremFr��' pk' OV'�RRIDING r'ONSIDERATiONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of this project are acceptable and are clearly outweighed by specific social and other benefits of the project. in making this determination, the following factors and public benefits were considered: 1. The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the City's Fair Share Traffic Contribution Ordinance. 5. The project will provide marina uses in the City of Newport Beach which are in great demand in the area. 6. The project will increase recreational resources and public access to the coastal resources of Newport Bay. 7. The project will preclude the development of 40,000 sq.ft. of retail or visitor serving commercial uses on the property as provided for in the Newport Beach General Plan. 8. The project will incrementally improve the jobs/housing balance in the City due to the minimal commercial intensity of the marina project as compared to the use permitted by the Newport Beach General Plan. PLT...\BD\ffiR\MRM,ORC 36 • • A. Ross Cash Elliott H. Boone RECU'rzu r" Randy H.Mason CASH & ASSOCIATES ENGINEERS PLANNING OEPARTMENI' Wilfrido B.Simbol rITY OF NEWPORT BEACH Larry W.Nye AM JAN 27 1992 PM 7181911011111211121314A6 Jan 27, 1992 City of Newport Beach Planning Department Attn: Ms. Pat Temple Subject: CASTAWAYS Marina 71 SLIP PLAN The following is a description of alterations to the submitted CASTAWAYS MARINA Project based on the new 71 slip layout. A. New dredging quantity of 77,600cy and consists of: 1. 71,500cy landside of the existing bulkhead.: 2. 6,100cy waterside of the existing bulkhead B. Methods of dredging, modes of transportation, and disposal site remains unchanged. C. One Restroom Building has been eliminated. D. Fixed-pier structure has been eliminated E. Construction methods and materials of construction for the remaining restroom building, bulkheads and dock system are unchanged. F. Potential for an increase in the amount of landscaped area within the project site. G. Environmental impacts remain unchanged with the following exceptions: 1. Mudflat impacts (as compared to the 121 Slip 'Plan) : a) No change in the YOY or Juvenile Halibut zones impacted b) No change in the quantity of mudflats disturbed or removed c) No change in the mitigation measures proposed for the Shellmaker Island site managed by California Fish and Game. 2. Slight reduction in the potential for water quality contamination 3. Increased ease of harbor circulation fronting the marina and adjacent to the• PCH Bridge. 4. Less of an impact on natural flow of water in the bay and beneath the PCH Bridge and the potential for 3� Huntington Beach,California 92649 (714)89S-2072 (213)426fii45 Mail ng A Avenue,suite ice FAX(714 895-1291 A California Corporation Mailing Address: Post Office Box 38, Long Beach,California 9080t ) debris to become trapped in the dock system. S. Reduction in the amount of time that heavy. construction equipment will be creating noise. 6. Reduced overall air quality impacts during the construction effort 7. Reduced overall traffic impacts H. A11 proposed slips are located within City of Newport Beach juristiction. slips do not extend outside of the "Adjudicated line of Mean ordinary High Tide" . It does not become necessary for the marina to extend to the new proposed City/County •pierhead line. 1. No chanqe project a in the i responsible agencies required to review Pat? If you have any questions, please call. RMason i i - 2 - 38 j 34 - 42' SUPS 54 PARKMC PAMKMC REWIRED .75 X 71 54 SPACES 37�.� - 2 H.C. PAWING :I. ! TOTAL 71 SUPS TOTAL 56 PARKING SPACES ` A C ! Ap�1D( R CA ,i nor'my" AWgo LIE OF '�' Kq=T ZQM t�;•�• RT HIGH 110E - � i It i I SUBMERGE I v ••u` REVETMEtj �I• II•I `\;• m " PUMP-A-HEAD TI i 20' • \' w.w .. I,I �iI• I SETBA 'I �'�✓' I'• 200'MOE i'I a TMrl OIO SF OM �'T$ 4y i ��•' • tE. � T ., �. b��, II• II• '♦♦ r OAR: JAN 21•f2 • 0 ORDINANCE NO. '9L_ AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA C0MMSION AMENDMENT NO,HS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach,County of Orange,State of California A portion of Lot 1, Tract No. 1125, located at 300 Dover Drive, on the northeasterly comer of Dover Drive and West Coast Highway on the Castaways property as shown in the attached Exhibit"A"and hereinafter referred to as"Property",and which is zoned P-C. Title 20 of the Newport Beach Municipal Code is hereby amended such that development of the property shall be as specified in the Planned Community District Regulations and Development Plan which is approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit „ 1 SECTION 2.The Planning Director of the City of Newport Beach is also hereby instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as described herein;the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. This ordinance shall be published once in the official newspaper of the City within fifteen(15)days of its adoption. The Ordinance shall be effective thirty days after the date of its adoption .qo This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach,held on the_day of 1992,and was adopted on the _day of 1992,by the following vote,to wit: AYES,COUNCIL MEMBERS NOES,COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Attachment: Exhibit W PLT..\CC\AMD\A743.0RD 2 I • 0 txhibit "A*' CASTAWAYS MARINA PLANNED COMMUNITY DISTRICT REGULATIONS The Irvine Company February, 1992 �Z ordinance No. Adopted by the Newport Beach City Council on 1992 Castaways Marina Planned Community District Regulations c�3 TABLE OF CONTENTS Introduction 1 Land Use Map 2 Section I Statistical Analysis 3 Section II General Notes 4 Section III Definitions 5 Section IV Commercial Marina 6 �y INTRODUCTION The Castaways Marina Planned Community District has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community is to provide a method whereby property may be classified and developed for commercial marina uses. The specifications of this district are intended to provide land use and development standards supportive of the development proposal contained herein while ensuring compliance with the intent of all applicable i regulatory codes. Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes related thereto. -1- �r, 34 - 4Y SUPS 54 PARKING PARKING REQUIRED .75 X 71 54 SPACES 31 - 40' SUPS 2 H.C. PARKING 1' I TOTAL - 71 SUPS TOTAL 56 PARKING SPACES • I .t' I / 10 C ACCE Ap u C LI 1s a•ror a O° �`'�. AIEANIXORo NOAAJ E of �' xweur •I`SI;•�, 11 HIGH 710E �• •I'�tI�:SL�� 14m � � i� I' �.I &�SgM� C� lam•' •'IT;. / REVETEAIREy-T�i'��••'• - . °.wOi1�„• •� •' UMP-A-HEAD �/ i•' �' a4' i�•� SETBA 2W VA - •• ••.••;%b� 7T'la'� � SUBM�¢E_Q .. y/�%� VQQ� ��. '•� olrs yVl xo•u . . _._..;-fir SECTION I. STATISTICAL ANALYSIS (For Analysis Purposes Only) Development Land Use Area Acres -_uzijA-- Marina 1 4 71 boat slips -3- SECTION H. GENERAL NOTES 1. Water Service. Water within the Planned Community will be furnished by the City of Newport Beach. 2. Sewage Disposal. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure,it shall be further demonstrated that adequate sewer facilities exist. 3. Grading and Erosion. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Department. 4. Screening. All mechanical appurtenances on building rooftops and utility vaults shall be screened from view in a manner compatible with the building materials,and noise associated with said noise generators shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer and be approved by the planning Department. 5. Archaeological/Paleontological. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 6. Any fire equipment access shall be approved by the Fire Department. 7. The final design of on-site pedestrian and bicycle circulation shall be reviewed and approved by the Public Works Department and the Planning Department. 8. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation,and implementation of energy conserving heating and lighting systems. 9. Water conservation design features shall be incorporated into building construction. 10. Exposed slopes, if any, shall be stabilized as soon as possible to reduce erosion. 11. Public or private streets shall meet City standards. 12. All utilities shall be underground. -4- �g SECTION III. DEFINITIONS The following definitions refer to the permitted uses in the development standards contained in this Ordinance. 1. Streets - Dedicated and Private Reference to all streets or rights-of--way within this ordinance shall mean dedicated vehicular rights-of-way. In the case of private or non-dedicated streets, a minimum setback from the right-of-way line of said streets of five(5)feet shall be required for all structures. Except for sidewalks or access drives, this area shall be landscaped according to the setback area standards for dedicated streets contained herein. i f -5- 1(9 J • . SECTION IV. ,COMMERCIAL MARINA (AREA 2) ' A. Intent. It is intended that Area 1 of the Castaways Planned Community District be developed as a commercial marina comprised of 71 boat slips and appurtenant facilities. B. Permitted Uses. 1. Commercial marina 2. Parking facilities intended to serve marina users 3. Accessory structures or uses normally associated with a commercial marina operation. Such accessory uses may include a marina office, rest rooms, maintenance facilities, and other uses of a similar nature as may be deter- mined by the Director of Planning. 4. Temporary structures and uses as specified in Section 20.30.015 (General Controls - Commercial Districts) of the Newport Beach Municipal Code. 5. Signs as provided in Section C5 below. C. Development Standards 1. Development Limits: 71 boat slips 2. Building Height: 26 feet measured from finished grade 3. Setback Requirements: No building shall.be located closer than 35 feet to Pacific Coast Highway or closer than 35 feet to Dover Drive. 4. Parking: Parking spaces shall be required at a ratio of .75 spaces per boat Slip. 5. Signs: Two monument signs,not to exceed 20 sgft.each, are permitted at the vehicle entry off Dover Drive. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. One facility identification sign adjacent to Pacific Coast Highway, not to exceed 20 sq fL, shall be permitted. -6- 50 C* OF NW0'RT BEACH i MINUTES COUNCIL MEMBERS December 9, 1991 INDEX ROLL CALL (a) Proposed ORDINANCE NO. 91-48, being, Ord 91-48 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA; AND THE ACCEPTANCE OF AN NNING pCA 743 COMMISSI�ONr AMENDMENT No.AL DOCUMENT 743). [Report from the Planning Department] (d) Proposed ORDINANCE NO. 91-49 , being, Ord 91-49 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS, TO PERMIT THE SALE OF CONVENIENCE ITEMS SUCH AS, BUT NOT , SOFT DRINKS, CANDY, CIGARETTES ICE, MAGAZINES AND SNACK FOOD, IN CONJUNCTION WITH THE OPERATION OF AUTOMOBILE SERVICE STATIONS. THE PROPOSED AMENDMENT AF R INCLUDESE THE REQIIIREMENT PARKING SPACES FOR AUTOMOBILE SERVICE STATIONS WHICH DO NOT HAVE SERVICE BAYS BUT DO INCLUDE THE SALE OF CONVENIENCE ITEMS; THE ADITION OF COD MECHANICAL CAR WASH FACILITIV SE P AS PERMITTED RMITTED ACTIVITY; THE REQUIREMENT TO PROVIDE REST ROOMS WHICH ARE AVAILABLE TO THE GENERAL PUBLIC FOR NEW AUTOMOBILE SERVICE STATIONS; AND THE REQUIREHENT FOR FUEL PRICE SIGNS TO BE NOT H%CFIN COMPLIANCE WITS, BUT THE MINIMUM PRICE SIGN RFQU NTS SET FORTH IN THE BUSINESS AND PROFESSIONS CODE OF PCA 738 STATE OF CALIFORNIA CCES AMENDMENT [Report from the Planning Department] Pass to second reading on January 13, 1992 - (e) Proposed ORDINANCE N0. 91-50, being, Ord 91-50 Muni Code AN ORDINANCE OF THE CITY COUNCIL Revision OF THE CITY OF NEWPORT BEACH (53) AMENDING SECTION 1.12.020 OF CHAPTER 1.12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF OR EMPLOYEES TO PUBLIC ISSUE OFFIC CITATTIIONS- [Report from the Assistant City Attorney] Volume 45 - Page 359 YF • City Council Meeting December 9, 1991 Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Amendment No 743 (ordinance Introduction) Request to adopt Planned Community District Regulations and Development Plan for the Castaways Marina; and the acceptance of an environmental document. LOCATION: A portion of Lot 1,Tract No. 1125, located at 300 Dover Drive, on the northeasterly comer of Dover Drive and West Coast Highway on the Castaways property. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Apulication If approved, this amendment would authorize the construction of a 121 slip commercial marina on the Lower Castaways site. In addition to marina slips, the prgjgct would include support facilities including parldng, a rest room/shower building,public access and a public viewing area. An amendment is required to adopt Planned Community District Regulations and a Development Plan. Section 20.51.035 of the Code sets forth the application procedures for a P-C, and Section 20.51.040 describes the required components of the P-C Development Plan. Suggested Action If desired, introduce Ordinance No. 91_ and set for public hearing on January 13, 1992. Planning Commission Recommendation At its meeting of November 21, 1991, the Planning Commission voted (4 ayes, 2 noes, 1 absent) to recommend approval of Amendment No. 743 to the City Council. The Traffic TO: City Council - Study, Resubdivision and Environmental Impact Report related to this amendment will be brought to the City Council for consideration concurrent with this amendment. Copies of the staff report and an excerpt of the minutes of the Planning Commission meeting will be forwarded at the time of the City Council hearing. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Bya�GS �e•� Patncla I.. Temp Advance Planning Manager PLT...\CC\AMD\A743.SR1 ORDINANCE NO. 91- AN ORDINANCE OF TBE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA COMMISSION AMENDMENT NO: 7431 I The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Orange,State of California: A portion of Lot 1, Tract No. 1125, located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property as shown in the attached Exhibit"A" and hereinafter referred to as"Property", and which is zoned P-C. Title 20 of the Newport Beach Municipal Code is hereby amended such that development of the property shall be as specified in the Planned Community District Regulations and Development Plan which is approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit SECTION 2. The Planning Director of the City of Newport Beach is also hereby instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as described herein;the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen(15)days of its adoption. The Ordinance shall be effective thirty days after the date of its adoption. 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach,held on the_day of . 1991,and was adopted on they _day of 1992,by the following vote,to wit: AYES,COUNCIL MEMBERS NOES,COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Attachment: Exhibit W PL7'...\cc\AMD\A743.0RD 2 . );X1iIBIT "A" CASTAWAYS MARINA PLANNED COMMUNm DISTRICT REGULATIONS The Irvine Company January, 1992 y �- I ordinance No. Adopted by the Newport Beach City Council on 1992 Castaways Marina Planned Community District Regulations 6 a- y z TABLE OF CONTENTS Page 1 � Introduction 2 Land Use Map Section I Statistical Analysis 3 Section II General Notes 4 Section III Definitions 3 Section IV Commercial Marina 6 � �-3 INTRODUCTION The Castaways Marina Planned Community District has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community is to provide a method whereby property may be classified and developed for commercial marina uses. The specifications of this district are intended to provide land use and development standards supportive of the development proposal contained herein while ensuring compliance with the intent of all applicable regulatory codes. Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes related thereto. -1- g A-q OQ L� 9 ppy� U� d� 2� G� 40, OF 01 10 ol Q� pyJJa RECREATIONAL AND YCG��rr��MARINA COMMERCIAL LAND U S lE PLAN Nor To sCALF- CASTAWAYS MARINA III.MN1111U1141Y FYI PLANNED COMMUNITY DISTRICT �, y -2- • 0 SECTION I. STATISTICAL ANALYSIS (For Analysis Purposes Only) Development Land Use Area Acres Units.. 1 4 121 boat slips Marina -3- F I - SECTION H. GENERAL NOTES 1. Water Service. Water within the Planned Community will be furnished by the City of Newport Beach. 2. Sewage Disposal. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Planning Department that shall be further demonstrated that adequate sewer facilities ill be available. Prior to the occupancy of any structure, exist. 3. Grading and Erosion. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and PlanningDepartment. 4. Screening. All mechanical appurtenances on building rooftops and utility vaults shall be screened from view in a manner compatible with the building materials,and noise associated with said noise generators shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer and be approved by the planning Department. 5. Archaeological/Paleontological. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 6. Any fire equipment access shall be approved by the Fire Department. 7 Thep by the Public Works Departmentand the Planning Department.final design of on-site pedestrian and bicycle circulation shallwed and PP g. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation,and implementation of energy conserving heating and lighting systems. 9. Water conservation design features shall be incorporated into building construction. 10. Exposed slopes, if any, shall be stabilized as soon as possible to reduce erosion. 11. Public or private streets shall meet City standards. 12. All utilities shall be underground. -4- II A�� SECTION M. DEFHSTMONS The following definitions refer to the permitted uses in the development standards contained in this Ordinance. 1. Streets - Dedicated and Private Reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-of-way. In the case of private or non-dedicated streets, a minimum setback from the right-of-way line of said streets of-five (5)feet shall be required for all structures. Except for sidewalks or access drives, this area shall be landscaped according to the setback area standards for dedicated streets contained herein. -5- D SECTION IV. COMMERCIAL MARINA (AREA 2) A. Intent. It is intended that Area 1 of the Castaways Planned Community District be developed as a commercial marina comprised of 121 boat slips and appurtenant facilities. B. Permitted Uses. 1. Commercial marina 2. Parking facilities intended to serve marina users 3. Accessory structures or uses normally associated with a commercial marina operation. Such accessory uses may include a marina office, rest rooms, maintenance facilities, and other uses of a similar nature as may be deter- mined by the Director of Planning. 4. Temporary structures and uses as specified in Section 20.30.015 (General Controls - Commercial Districts) of the Newport Beach Municipal Code. 5. Signs as provided in Section C5 below. C. Development Standards 1. Development Limits: 121 boat slips 2. Building Height: 26 feet measured from finished grade 3 So Pacific Coast Highway or loser than shalletback Requirements: No building 5 be feet to Dover Driavne. 35 feet 4 Parking: Parking spaces shall be required at a ratio of .75 spaces per boat slip. 5. Signs: Two monument signs,not to exceed 20 sq.ft.each, are permitted at the vehicle entry off Dover Drive. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. One facility identification sign adjacent to Pacific Coast Highway, not to exceed 20 sq.ft., shall be permitted. -6- 13 A '9 COMMISSIONERS November 7, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 1NOEX James e ' er,Planning Director,requested that Item No.9,Use Permit No. 14 ended), be continued to the November 21, 1991, Planning Co 'on meeting so the application may be reviewed concurrently with eral Plan Amendment No. 91-3(C), a request to increase the permitte or area limit to allow for the addition of a mini mart on the subject p rty. Motion * Motion was made and voted on to continue Use Per No. 1495 Ayes * * * * * * (Amended) to the November 21, 1991, Planning Co on Absent * meeting. MOTION CARRIED. A Amendment No 743 (Public Hearing) Item No.10 Request to establish Planned Community District regulations and A743 adopt a Planned Community Development Plan for Castaways Marina; and the acceptance of an environmental document. Tsso AND R972 Cont'd to B. Traffic Study No 80 (Public Hearing) 11/21/91 Request to approve a traffic study so as to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. AND C. Resubdivision No 972 (Public Hearing) Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of Lot 1, Tract No. 1125,located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. -46- •- COMMISSIONERS • November 7, 1991 MINUTES O 'l CITY OF NEWPORT BEACH O ROLL CALL INDEX ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER/ SURVEYOR: Dulin and Boynton Surveyors, Signal Hill James Hewicker, Planning Director, requested that Item No. 10, Amendment No. 743, Traffic Study No. 80, and Resubdivision No. 972 be continued to the Planning Commission meeting of November 21, 1991, to allow staff additional time to review the tentative parcel map and prepare responses to comments on the draft Environmental Impact Report. Motion * Motion was made and voted on to continue Item No. 10 to the Ayes * * * * * November 21, 1991, Planning Commission meeting. MOTION Absent * CARRIED. xxx The Planning Commission recessed at 11:25 p.m. and reconvened at 11:30 p.m. x x x ndment No. 742 Public Hearin stem No.11 Request to nd Title 20 of the Newport Beach Municipal Code, A742 establish cific provisions for the location and operation so as to p P Denied Den e Beach. e establishm within the City of Newport of massage g ty INITIATED BY: The City o wport Beach William Laycock, Current Planning Mana referred to hand written page 25 of the staff report, regarding a location of massage operations, No. 12, The Getaway Spa, the zo ' should be corrected to M-1-A District instead of the P-C District, uld -47- &TICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Irvine Company for Amendment No. 743, Traffic Study No. 80 and Resubdivision No. 972 on property located at 300 Dover Drive. Request to establish Planned Community District Regulations and adopt a Planned Community Development Plan for the Castaways Marina The proposal would allow the construction of a 125 slip marina with support parking and related accessory facilities The proposal also includes the approval of a Traffic Study and a Resubdivision to create a parcel of land for marina development. NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659- 1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 7th day of November. 1991, at the hour of 7.30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public bearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Norma Glover, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. 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( Marines Comm.Aacoe. Dover Shores Comm.Assoc. Cliff Haven Comm.Accoe. Rao Cohn,President Monica Ruggterh President Alan Beaudette,President IMI Antigua Way 210 Evening Star lane . 401 Rings Place , Newport Bach,CA 92660 Newport Bach,CA 92660 Newport Beach,CA 92660 Westcliff Villas H.O.Assoc. Howard Chapman Richard Clay Peter Wessel,Chairman i Westcliff Villa L%4 Westdiff#3 19 Westcliff Villa Newport Bach,CA 92660 Newport Bach,CA 92660 Newport Bach,CA 92660 George Williamson Louis Gaeta Randolph Whaley IWO Buckingham 1500 Westcliff#7 1000 Buckingham#9 Newport Bach,CA 92660 Newport Bach,CA 92660 Newport Bach,CA 92660 Paige Simpson Bill Armstrong John Freeman It Westcliff Dr. 1000 Buckingham#13 Billie Freeman Newport Bach,CA 92660 Newport Bach,CA 92660 1840 Newport Hills Dr.East Newport Bach,CA 92660 Susan Fractman Dorothy Melton Evelyn Morris 1000 Buckingham 1504 Westcliff Villa#4 1500 Westcliff#6 Newport Bach,CA 92660 Newport Bach,CA 92660 Newport Bach,CA 92660 Herman Tanske Patrick Pick John Stevccve 1003 Dover#8 1000 Buckingham#10 '1000 Buckingham#12 Newport Bach,CA 92660 Newport Bach,CA 92660 Newport Bach,CA 92660 Geraldine Day Vee Hovnanian Elsie Kcrnott 1000 Buckingham#14 1000 Buckingham#16 435 Fairway Newport Bach,CA 92660 Newport Bach,CA 92660 Sol ang,Ca. 93463 Richard Davis Alice DeRosa John Montgomery 100 Buckingham#19 IOtitl 1016 Buckingham#21 20 Westcliff Villa Newport Bach,CA 92660 Newport Bach,CA 92660 Newport Bach,CA 92660 Louise Scott County of Orange Newport Harbor School Dist. 1018 Buckingham#22 GSA/Rai Estate Division P.O.Box 1368 Newport Bach,CA 92660 P.O.Box 4106 Newport Bach,CA 92663 Santa Ana,Ca.92702 Lloyds Ca.Bank Lloyds Ca.Bank Corp of the Presiding P.O.Box 389 4631 Teller Ave.#14 50 E North Temple St. Santa Ana,Ca.92702 Newport Bach,CA 92660 Tax Adm.22nd Fl.#500-74 Salt Lake,Utah 84150 1 Newport Beach Country Realport Corp Nancy Dunn 1616 North Fort Myer Dr. 747 Dover Dr. . Stephen Dunn Arlington,Va. 22209 0 Newport Beach,CA 92663 1000 Santiago Dr. Newport Beach,CA 92660 Gary Glen Ritchie James I.Preis Naresh Kumar Sharma Dana L.Ritchie 461 W.Ave 44 1020 Santiago Dr. 1008 Santiago Dr. Los Angeles,Ca.90065 Newport Beach,CA 92660 Newport Beach,CA 92660 Warren Sprinkel Llewellyn Copp Steven Briggs 1026 Santiago Dr. Bernice Copp Linda Briggs Newport Beach,CA 92660 1022 Westwind Way 1016 Westwind Way Newport Beach,CA 92660 Newport Beach,CA 92660 Charles Diamond Michael Mussallem Vdlageway Mgmt.Inc. 1010 Westwind Way Linda Mussallem Dover Shores Comm. Newport Beach,CA 92660 1000 Westwind Way P.O.Box 4708 Newport Beach,CA 92660 Irvine,Ca.92716 Shirley Clemans Lance Moore Robert Shepherd 725 St.James Rd. Barbara Moore Nancy Shepherd Newport Beach,CA 92663 729 St.James Rd. 731 St James PI. Newport Beach,CA 92663 Newport Beach,CA 92663 Barbara Schwenk Joseph McCarthy Edward Nesselroad 735 St.James PI. 734 St.James Pl. 730 St.James Pi. Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Kenneth Sands Genji Kawamura Philip Nelson 637 St.James PL 718 St.James Pl. 712 St.James PI. Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Kip Kula Raymond Palmer Mary Louise Lansdell Jamie Kula Margaret Palmer 624 St.James PI. 708 St.James Pl. 702 St.James PI Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Mark Hoglund George Lackey Chester Gamboni 618 St.James Pl. 612 St.James PI 606 St.James PI Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 David Young David Fraser The Hasson Group Inc. Jody Young 600 St.James PI. Bayshore Medical LTD Newport Beach,CA 92663 Newport Beach,CA 92663 4299 Mac Arthur Blvd. Newport Beach,CA 92660 Gordon Hunter Herbert Koehler • Patricia Insley 717 St.James PL Irene Koehler Donald Insley Newport Beach,CA 92663 714 St.James 623 St.James Pl. Newport Beach,CA 92663 Newport Beach,CA 92663 James Caiilouelte Kimberly Storstad Alan Palmer Dorothy Qillouette 225 Kings Pl. 215 Kings Rd. 703 St.James PI. Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 David Nut James Doty Leon Nelson 201 Kings Pl. 125 Kings Pi. 115 Kings Pl. Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Clayton Wright David Garland Leslie Miller Betty Wright 302 Kings Rd. 129 Kings Rd 101 Kings Pl. Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Betty Scaccia Particia Smith Donald Ward 120 Kings Rd 124 Kings Pl. 116 Kings Pl. Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 James Elms Thomas Lally Arthur&Irma De La Loza 112 Kings Pl. log Kings PI. 220 Kings,Rd Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Lloyds Bank and/or V.Caliva William C.Hall Cynthia L.Busby 216 Kings Rd 212 Kings Rd 208 Kings Rd Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Hirata Enterprise Jack Ii Wheelhouse Prank A.Eisendrath 204 Kings Rd 200 Kings Rd 104 Kings Rd Newport Beach,CA 92663 Newport Beach,CA 92663 Newport Beach,CA 92663 Charles S.Dreyer Daniel M.Houck Jeffrey G.Odell 1233 Blue Gum Ln 1239 Blue Gum Ln 1245 Blue Gum Ln Newport Beach,CA 92660 Newport Beach,CA 92660 Newport Beach,CA 92660 Jon&Ma Marianne Hanlon Daniel C.Marcheano Ronald&Raquel Norris n 1251 Blue Gum Ln 1239 Blue Gum Ln 1232 Blue Gum Ln Newport Beach,CA 92660 Newport Beach,CA 92660 Newport Beach,CA 92660 1226 Blue Gum La Kenneth&Marita Wittman 1;''i' I=Blue Gum Ln Thomas&Leslie Moore Newport Beach,CA 92660 • 1219 Blue Gum Ln i} Newport Beach,CA 92660 Newport Beach,CA 92660 Jonathan Sisk Vincent P.Roman it 1213 Blue Gum La 1207 Blue Gum La Frederick&Dorothy Dahms Newport Beach,CA 9260 Newport.�each,CA 9266p IMI Blue Gum La Newport Beach,CA 92660 Pacesetter Homes Inc P.O.Box P Sandra Shore Askew Stephen&Diane Newport Beach,CA 92663 IM Blue Gum La Step Step Blue Gum Newport Beach,CA 92660 Ln Newport Beach,CA 92660 Kathy L.Van Buren 1212 Blue Gum Ln Mays Family Trost James R.Lewis N Newport Beach,CA 92660 Newport Blue Gum La 1101 Grave Ln Newport Beach,CA 92660 Newport Beach,CA 92660 David P.Delaney Richard&Pauline Bein C. e Grove 1113 Grove La Jerome B.Klemer Newport Beach,CA 9266p Newport Beach,CA 92660 1119 Grove Ln Newport Beach,CA 92660 Robert Sargent 11122 Grove Ln 1 Terry& Ellen Ai Wayne Newport Beach,CA 92660 ssa Wa e Grov Newport Beach,CA 92660 1100 Grove Ln Newport Beach,CA 92660 David&Mary Hombaker 1001 Grove Ln Claudette Hurst 1013 Grove Ln Ralph B.Conn Newport Beach,CA 92660 Newport Beach,CA 92660 1012 Grove Ln Newport Beach,CA 9266o Blsie V.Foster Martin&Carolee Kurta Newport Beacchh Grove 1000 Grove Ln ,CA 9266p Newport Beach,CA 92660 it .1 + POR E. //2, S E. //4, SEC 27 T.6 S, R. /U 1 . / 117 - 8 U i V 4 L.<• /�Q 63 W azs-03 N d d 81 ;� T py DRIVE a -Z7 A r /.z5w PAR.N0.! .f S 0 Y F ,nr 5.CO AC POR. wr 2 0 /TRACT L . t 2 N r 11 55JB k. ! 49- LOB nn N 9 ,J v9 OogE �• �a rs' rso i �•,1.Ly. 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'TRACT 2 TRACT"r,, Lor /46 4 a ,. orEL PLACE 1.60AG N O r r /=2oo Lrs ac _ 0. 1218 HOLLY LANE �II �'•• O Lor a r o z� OO iOAC pp) N HEWPORr HARSOR Hi6H SCHOOL N ? f f V� NO. /.25 F/FTfENTN STREET .3 Wo fW 425-24Q 49- 25��e N NOTE•ASSESSOR'S BLOCK 8 ASSESSOR'S MAP O TRACT NO. //25 mm.. 39-7 e B PARCEL NUMBERS BOOK 117 PAGE 81 ii7RCN /966 SHOWN IN CIRCLES COUNTY OF ORANGE TRACT NO. 1218 ALM. 37-47, 48,49 e. _�l 1 1 �•. goo• 49-27 TRACT • :�� 8 °• _ Q to y� ea• 1 �� DRIVE ' O II J er+u• v'a. •^ 12 F � JpF ee ' ' 7 271 w n is O`` : � i y\�, 14 •; • •` ® � 0 F 1• i!•' '� ' oo It 0 B� ��� ti at Q IB \ i OD . ° 9n c� 19 r O a i • 2 ° s. _ �r ise.K• 71 ' F 272 V V o 'lO Q • O • •• \ O n �r O O � a ° � o lae � GE ' / PP TRACT NO.IP/B At. M. 37-47,48,49 NOT£ - A SSESSOR'S BLOCK B ASSESSOR'S MAP MARCH 1951 PARCEL NUMBERS BOOK 49 PAGE 27 O SHOWN /N CIRCLES COUNTY OF ORANGE 49-20 ve91 1 O y? 1 LD O ♦ d4 _ O BLK. O � c c�N •' TRACT s ♦f R0A 7O J o e , . 1 '( s• �. I� + to b. s•.�, • O �f O TR CO . 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M. 38-26 B 27 PARCEL NUMBERS BOOK49 PAGE 20 CD/N CIRCLES COUNTY OF ORANGE 49 -2E 22 f7 ' - r J d 'TSO JA / ST 4s 0 f„ 21 lao � 74 `! 40 �� e� iM IG 2 i Jr ,ys� 54 �u �l=4 i.n 33 ' So' H�CHK'4Y 21 I s 20 5 4Y7 t@ "02@ Yl tJ Y@� t/ .^ /@ I It - l6 lJ 11 1! - 38 It ^ / I 9 @ all- _'� __�' _ _e— • _ _F _ Lr 63 6I k 59 = to I 9o'ei- - 53 SI � '7 ® ® Q o ® © nro 1210 a 69 COAST N/GNWAY .o rRACr N012/O M.M.40-45,46 NOTE - ASSESSOR'S BLOCK 8 ASSESSOR'S MAP m MARCH /954 iA PARCEL NUMBERS BOOK 49 PAGE 28 SHOWN /N CIRCLES COUNTY OF ORANGE 49 -11 00 28 HIGHWAY COAST '—'f •TR GT •• ® 00 Q . --� • . f � 0n a Is 'la It la 19 ® 21 © © ss -- !rn • CA"r� a G O to O DRIVE .1 9 q0 O5 tl _if 18 O O O rI N r7 rl 6l 1 0 O I ®7� ®"•1y1`. e i7 ztf• F` 0 7� 49•rCRES I6 n TVIEW d i 61 O \J (� 10 .J v? •� � L`J '/' ! 0 10 11 @ 13 IDS 'V CZ 9 33 DRIVE ' r d im P LIeO i N 1014 19 �i,• VISTA q v :< ---41 17 Po ©L U TR. NO. //40 M. M. 36-28 NOTE - ASSESSOR'S BLOCK & ASSESSOR'S MAP TR. NO. /0/4 M.M. 33-3/ PARCELS NUMBERS BOOK 49 PAGE /B O MARCH 1949 TR. NO. 1102 M M. 35-36 SHOWN /N CIRCLES COUNTY OF ORANGE 49-I9 i� a z ; / S0. a •,, 4g IRVINE nx.lo n, J J 25 /"/GV' B 954 } ®4 SUB. w � I� xcs♦e f 1 BAYShORE 2>j 2B 29 I 0 il ° 4 e• � +O j L 9 / rJ 11 e IB � ;ems fr O O _ •' ^�..' 1} ,.• ,sl 7 .J A 5 ® O9 - p'�q'f ~ IRVINE " / p 6 BLOCK 54 S, ® i •. / t9 r `1 ��/ `T p9ivF � �- ©r � � � 5• �p 7 1 sua. 1 IRVINE SUB. N. M. 1-BB MARCH 194Q TR NO. 1014 M.N. 33-3I rR. NO 3277 M. M. /0/-/3 NOTE ASSESSOR'S BLOCK 8 ASSESSORS n•„: PARCEL NUMBERS EOOK 49 -ACE 19 SHOWN IN CIRCLES COUN'Y OF OAA.NOE �� - - PORSW//4,SW.//4,5EC-26,T6S,R.16W PORE 1/2,S E 1/4,SE 1/4,SEC.27 T 6S•R IOW J 50-4 5 440-13 STA JJ 415.54 COAST f H1GH.'MY R msJz /us./Jz TRACTc �/a , Lorz 1 L°T( �1RV/NE (r IOTA "� O LOrJ IL j 53 If (D 65AC 1 I Iz6/AC./C) ,..f.l. N0.5361 u, ussJ•/ --- O t D P,AI.16•/0 OSIJJ. OErAa ' o 0 451� 55 \ m 1r = 2 • �- P/ERREAO \ \\ O 97nx yp 99 100 /0/.,.. ,Op"• i0! /0A .\ \,Em sus. I l , 9a 9iuu yp . s TRACT w5 ` 91 Y9i" `25 OY `27 _ a 29" (� ,r a W IS I6 L 17 18 w O, O" O ..•' a.. 5a' 105 Lore I /Pa srafET/ ISLE 32 �.�°x' �. .•'� el / L1NDA RrvarE _ 30 I•'r b II / 97 a .... „ .,. .. . AG/Cl "�� �• //SEEti / /atE ST/ 40 39 O 37 m " 35 O 33• NO 4 O$ �/ Lila / rous nx sa' ,(o Ar LOT m yg 76 77 76 75pro/ La.•. i 95 e a R/ 60 C / ufau 96 94 A / ur raa \� 85a3 91 �nx'Awi�o ow' •ram ,�Y,f.aO v'I aH Rx(IO llx( DETAIL ,t++' Rz 1- 4L NO SCALE \\ 't VV 46 �� \ ,•• ' /(7V/NE SUB. M M/-B8 NOTE•ASSESSOR'S BLOCK d ASSESSOR'S MAP MARCH1977 �c TRACTIW.4003 MM/BB•/3TO/9/M:. PARCEL NUMBERS BOOK 50 PAGE 45 �\J TRACrAO.5361 MdC190.47,48 SHOWN IN CIRCLES COUNTY OF ORANGE PORSECS25,:.'i,:', � :i,;::il!:! ° 440-13 u N d- r i JOK I17-$0 b, x 27 /PJK .°� °, 35 Gor P,SCC PJ BLK 53 aJ O P.CItK �+ r•' a w /ro, 51 O /Ol/,SCC 16 ,a n • i s 117-72 + • BA YJ i 1.9JK a r/RV/NE G,o f E ES�t�,. pF,Q n 117-71 m �l 11 x' S ep111<'a BUf. m CP �4'6/9K Rs69/ .+ i 33 r jwrJeJ9 AC. LOT , C P6 rA 54 'A92 Gor.secP ,, /,6w• 39 AS 6I-/I ✓ 23 y ll) SOl co�j. s ✓..» ��. yf.i `��, �. si n CV S, i...' •• V 20 fJ 53 64 /AG: � �J x 1 rrr ,,► S75 AC. ^ I i SII AG $ O'" 55 aM �e 1 ' 9J.J9 + ..�e O SUB M j I . 21 Hn.0 i I 4ONIAC. _ \ PP^V NEWPORI' 'r I DUNESAAZ- t7 i 1 s. PIUVAG.G PK/J J ✓ 9 41 Q40 �Q\ i e c- 'si 7�KPAG PJAA \a.Ef 4qQ,-� .'C:� .r.. .• ..:�'�4 rr �0B"' NOTE-ASSESSOR'S BLOCK 6 ASSESSOR'S MAP '� MAR(7/ /973 PARCEL NUMBERS BOOK440PAGE 13 NPW SW AM /66 SHOWN /N CIRCLES COUNTY OF ORANGE COWT CASE NO. A-gM ----- - __ 117 - 72 ° rnaCr 1CrA ; O yn 4 ,y /y 71 nz /Y ; �O y O sJ E,! 3 AA TR S JJ 43 1' cos 1 4 17 • e. Oq 174 AC 1 � n /00 B4 6 /36 79r .AW /Y O /Js Id t 15 1 i. O K' 90 i 10 II 12 i 13 � ^L1• �1Y 5n f!ea r„e ce eo' N � rM/ , MORNING SrAR LANE .rzN c � ' p ret 51.11 18 ♦�e 'O 25 8 23 21 20 :E 19 _ sr N0.4224 GIs' MARCH /962 44o-13 rR NO 4224 M M. /57-/ Iv/4 /NC NOTE - ASSESSOR'S BLOCK B ASSESSOR'S MAP PARCEL NUMBERS SOOK117 PAGE 72 SHOWN IN CIRCLES COUNTY OF ORANGE CD tz - 12 / U7-70 46 /'i/oo' �! FOR ,,: TRACT P ,. ._ 1 ,• a COO rI�l l P O .<+i ,' K"'• r/ ...; 2ro P/9 ,e.i 20 e" DRIVE a Aq �4 1 '<• 'o B�. '�� 4 7 2 y • l2 •< • a o A 20J e ti 0 24 N fi 2a DqlVr 0 WFSTCClfF PARK nc /BR 03 V ao P 71 703 Ris � ,<,�,. �F a. Is N W y` J p AG torn.' z S z R � 72 N MARCH /962 Y i �g 'S MAP NOTE • ASSESSOR'S BLOCK 8 ASSESSORCD7A. No. 4224 MM. /57-//D/4TAG'. PARCEL NUMBERS BOOK117 PACE70 S/IOWN IN CIRCLES COUNTY OF ORANGE 7 I TR ACT —d u B ec+J /0 �.-._R _. . - _ .i•;i, _ — ..=3T- i/i t~ �B• O ! v e c P _ 3 ;.1._ - O 5 10 • q, 4 6 7 O O e O - r• st' K Ion 7 Af LANEti r• b BERKSH/RF_ '•• O i /� 11 J . Il' 06 /e I /el t ! 9 I J 31B e3 O 1 l O (�J �� O O n•s ,I� -a J" Oa aa' 4i ti O ; ec2,4,, 3,YP .JOr.�.•e�' ^2r 2.. � .2 J1 r e2.0� Yl T6 x. s10. ;29 Ii >1r1n.4 r.a M J16.r• • 4/ > 'zo •P31 � B, 33 .., 30 3@ 9 O 13 h• VCO M•e.>.• � � 27 x• N/GHLAvo o VR/V£ v° Ju' , �� 22 23 24 < l23 i .., w r.. O e O 14 c 15 16 17 18 19 L::J 21 0 a V N a . 0.3p3/ A : a.> ' BS >r ai a se# 76 V V B so's" B/ >s ai Y>zv Q . 3 e .».v 3 O \ 9 B rr 7 6 " • � 0 22 yy >t II e O O O • O � 4 S „ .14 Pt • e to • O O O LANE .4 >va 4• J O � O to n �j a 4` 2 I4 ; 1s IB ; 17 : l8 2 Is %. 8 o� 6a m F SGP� ARCH 1957 N0.3032 ' -o° per' ` P6 q • 11 sJ ea'` PB er.fw' P9 ».f'I30 •J' Y/ "u.ai YP sa.>° P sew 14 PB w ie>.e>• NOTE -ASSESSOR'S BLOCK 8 69 ASSESSOR'S MAP 70 PARCEL NUMBERS BOOK 117 PAGE 46 O TR. NO. 3032 M. M 93-14,/5 SHOWN IN CIRCLES _.COUNTY OF ORANGE TR. NO.3031 M. M. 96-24,25,Z6 425 - 12 � o 0 � O 117 45 117- 46 0 • x W u � 0 2 e• ,+ ,i TRACT s" o.sauc. .✓ I� ; o. ,Ic ' - � W � o4as.Lc ,,,,r � _':�: �1r► . °•Ii O r/ r6 .w rf P7 rfo i // II b O M ro O , e 12 IS c + frf •• R r •: r ? o O B m /' /B u O rs:r O O■u a s �_ • v i e ° , 110)• ff" if• Y N /Y• rN' 1, \\ If } �J '. ® _' \ BLUE GUM LANE O `t? O7 "^` . GROVE LANE NO. 9620 • N..N• _ -�nJr .11 rl• \ • II II• � li •.' = r11•l ,, LEAF LAN£ Las O e /./se Ac. 117 - 80 MARCH 1979 TRACT No. 962o M M. 432-39,40,4/ NOTE-ASSESSORS BLOCK A ASSESSOR'S MA► CD NUMBERS SOOK425►AGE 12 SHOWN IN CIRCLES COUNTY OF ORANGE 425-03 �$ I 04 SO JO „ zo ALLEY .^ co' 4 O C 2/ Hrc+'22 z! za ce- e TRACT 31 N o to T 'TOL °. BEOFORO LANE (DI Qce Q O O ass rnr..TR A vCeT0 :(D 'LOT T N /oQ a � t s 2 p v ALLEY �'y S 222AC. NE 71— Sly J PARCEL MAP PROJECT 895.ze PRafcr 9e6-99 I I 2 s I6 C^ PAR.O/ 0.604AC J I I ce' dR I NO.I/893 c°' . 1396 N .e ct• „,,,. /32-25 iss ,ft )L St Jy' u� lie' i WESTCL/FF LlEVfNT£ENTN STREET/ — RIVE u 7-63 LEAF LANE W O 117-80 MARCH 1976 TRACT N0. /396 M.M. /04- 45 NOTE.ASSESSOR'S BLOCK B ASSESSOR'S MAP CD NO. /893 U.M. /04 48 PARCEL NUMBUS BOOK425PAGE 03 PARCEL MAP P.M. 132-25 SHOWN M CLRCLES COUNTY OF ORANGE 117 -63 n 2 2 V 425-06 I 425-03 r L----------- /rrN WESTLL/FF= t5twNrEENrN sr; .i DRIVE sr. To IsHeA LQOy1l1— / ew TACT . 21 STAC 14�3 a/ 22�L L, w; b 4 /rIA 631 d _ ^ R for .t TRACT e = 19 root. P K /5-JL OD DOLE I --TILL l_ 5 A 25 a 17 � !o 24 /4.5BAC Z [IOAC. 6 ��� /4,47AC. J 4225 w POR. 5 /O case• 67H PL. tea' 12 • s'` ^' 1125 _� •�' wow =24 aB n •SrPf SIXTEENTH e o 6 STREEt 81 0 MARCH /962 _ rR no. Nzs 632 ;s 1r Miff • ASSESiOR'S BLOC). A AS5ESSOR'S MAD M. Ab. 1/25 N.M. 39 -7,8 PARCEL NUMBERS Q LOOK 117 PAGE 63 O M. NO 4225 MM. 153- 23,24 511OWN 1.14 CIRCLES COUNTY Of ORANGE OLD f- `�� NEWE AC I TY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES I January 13, 1992 ROLL CFLL INDEX their operation being referred to as a Planning/ "massage parlor" rather than a "massage Zoning establishment;" that the M-I-A zoning Massage should be placed in the Ordinance as legitimate location for mass e establishments; and urged the Counci to uphold the decision of the Pla ing Commission and not adopt the pr posed Ordinance as presented. Michael Epstein, President, American Massage Therapy Association addressed the. Council in opposit n to the proposed Ordinance. He said he has spent a great deal of m ,ey to get his education in massage th spy and resents the way in which he s being treated, including the mug shots and finger printing required. He stated he has over 1,000 hours a massage therapist and considers hi elf a professional at helping peopl feel better about themselves. John Black, owner of A Place to Relax, addressed a Council and stated he felt there sh ld be a clearer distinction between the definition of "adult entert nment people" and "health direc ed people" in the proposed Ord ance. He felt that by adding sp ific language clarifying the two, it w id be easier for the City to get rid f prostitution. He stated he would be appy to work with staff on revisions to the proposed Ordinance. All Ayes The notion was voted on and carried. 5. Mayor Sansone opened the public hearing Ord 91-48 regarding, Zoning/ Castaways A. Proposed ORDINANCE NO. 91-48, Marina being,_ - (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOFNBNT PLAN FOR THE CASTAWAYS MARINA; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 743) CA 743 request of The Irvine Company; AND B. TRAFFIC STUDY NO. 80 - A request Ttic Study to approve a traffic study so as s0 to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community; AND I Volume 46 - Page 13 CITY OF NE►YPORT BEACH COUNCIL MEMBERS MINUTES January 13, 1992 INDEX ROLL CFLL C. RESODDIVISION NO. 972 - A request Resub 972 to create one parcel of land for marina development in the Castaways Marina Planned community. Property located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Edward Power, President, California Recreation Co. , requesting this item be continued for four weeks, as it is their belief this extension of time will enable them to present a balanced project. In addition, the City Clerk advised that approximately 51 letters were received in opposition to the project after the agenda was printed, and three letters in support. Motion x Motion was made tocontinue this public All Ayes requested tobutFebruary eibn ru addition, 1992 as that staff clarify the placement of the bulkhead line and the pierhead line when this item is returned. Mayor Sansone opened the public hearing General. regarding SOURCE,REDUCTION AND RECYCLING Service/ II.ffiNT (SRRE), AND ACCEPTANCE OF Recycling NEGATIVE DECLARATION. (44) port from General Services Director. It was noted that the SRRE Plan repr sents goals and actions to achieve the % and 50% diversion goals, and that s a of the actions proposed in the documen have already been completed ,during th past year. Other programs in the source reduction, public education, and other c apters will be included in the 1992-93 proposed budget of the General Sery as Department. Upon approval by th City Council, the SRRE document will submitted to County staff to become part of the County SRRE which is due 1994. In response to qu stion raised by Council Member Hed a relative to meeting the 25% and 5 $ goals, inasmuch as many residents are cycling their own aluminum cans, newspa er, etc. , tha General Services Director r sponded that it is a concern not only with residential waste, but cc rcial as well, and as a result, hay are currently taking steps to do0um t those materials that are already diver d from _the>xaate-stream: _3t is-also-a mmon— complaint from the vast* haulers. Hearing no one else wishing to addre a the Council, the public hearing we closed. Volume 46 - lase 14 City Council Meeting January 13. 1992 Agenda Item No. 2)"Jr CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A Ordinance No 9148 (Amendment No. 743) Request to adopt Planned Community District Regulations and Development Plan for the Castaways Marina; and the acceptance of an environmental document. AND C. Traffic Study No. 80 Request to approve a traffic study so as to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina. Planned Community. AND C. Resubdivision No 972 Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of Lot 1,Tract No. 1125,located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER/ SURVEYOR: Dulin and Boynton Surveyors, Signal Hill TO: City Council - AI}nlications If approved as recommended by the Planning Commission,the applications requested would authorize the construction of a 121 slip commercial marina on the Lower Castaways site. In addition to marina slips, the project would include support facilities including parking, a rest room/shower building, public access and a public viewing area. An amendment is required to adopt Planned Community District Regulations and a Development Plan. A Traffic Study is required of any commercial development which will generate 130 daily trips or more. A Parcel Map is required to establish a separate building site for the construction of the proposed marina. Section 20.51.035 of the Code sets forth the application procedures for a P-C, and Section 20.51.040 describes the required components of the P-C Development Plan. Traffic Study procedures are set forth in Chapter 15.40 of the Municipal Code, and the procedures for Resubdivision are contained in Chapter 19.12.040 of the Code. I SuLmested Action Hold hearing, close hearing; if desired 1. Adopt Resolution No. accepting, approving and certifying Final Environmental Impact Report No. 138; 2. Make the Findings contained in the Statement'of Facts with respect to significant impacts identified in the Final Environmental Impact Report; 3. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; 4. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be miti- gated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; 5. Adopt Ordinance No. 91-48, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA �pLANNING COMMISSION AMENDMENT N0. 743) 6. Sustain the action of the Planning Commission and approve Traffic Study No. 80 and Resubdivision No. 972. r TO: City Council -? Planning Commission Recommendation At its meeting of November 21, 1991, the Planning Commission voted (4 ayes, 2 noes, 1 absent) to recommend approval of Amendment No.743 to the City Council. The proposed action includes a Traffic Study, Resubdivision and Environmental Impact Report. Copies of the staff report and an excerpt of the minutes of the Planning Commission meeting are attached for the information of the City Council. In taldng action on the project, the Planning Commission considered and discussed various alternatives to the project as analyzed in the Environmental Impact Report. The project ultimately approved is a composite of two of the design alternatives which incorporates a rotation of the slips adjacent to upper Castaways to reduce mudflat impacts and the incorporation of an alternative access design which will result in the creation of site access at a signalized intersection at Cliff Drive. The Planning Commission gave serious consideration to an 84 slip alternative described in the EIR. This alternative would have eliminated the long "finger" of slips which runs northerly and adjacent to the upper Castaways site. In deciding to approve a modification of the proposed project instead of the 84 slip alternative the Planning Commission recognized that the project habitat impacts would have to be mitigated in a manner satisfactory to the Federal and State resource agencies, and that the most critical habitat impacts (halibut nursery habitat) are engendered by the creation of the marina basin,which results from both the 121 and 84 slips alternatives. Impacts of Recurrent Storms During the Planning Commission public hearing,several citizens expressed concerns related to potential problems with the proposed marina from storm flows through upper Newport Bay. In reviewing the record, staff discovered that the technical report on this issue was inadvertently omitted from the EIR Technical Appendices. A copy of this report is attached and is incorporated,into the Final EIR. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By- Patricia L. Temple Advance Planning Manager TO: City Council - 4• Attachments: 1. Draft Resolution - EIR 138 2. CEQA Statement of Findings and Facts (Exhibit i of Draft Resolution) 3. CEQA Statement of Overriding Considerations (Exhibit 2 of Draft Resolution) 4. Excerpt of Planning Commission Minutes - November 21, 1991 5. Planning Commission Staff Report - November 21, 1991 6. Report on the Impacts of Recurrent Storms 7. Correspondence received (42 opposing; 34 supporting) Attached Separately: 8. Environmental Impact Report No. 138 PLI,..\CC\AMn\A74ISR2 z 1 • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 138 FOR THE CASTAWAYS MARINA PROJECT WHEREAS, the Draft Environmental Impact Report No. 138 provided environmental impact assessment for the proposed Castaways Marina Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act(CEQA),the State CEQA Guidelines and Council Policy K-3; and WHEREAS,the DEIR was circulated to the public for comment and review; I and WHEREAS,written comments were received from the public during and after the review period;and WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088(b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Castaways Marina Project completely and adequately and fully complies with all requirements of CEQA and the CEQA Guidelines;and WHEREAS, the City Council has reviewed and considered the information contained in the certified final'EIR in maldng its decision In the proposed Balboa Bay Club Expansion and Remodeling Project;and 5 WHEREAS,the City Council desires to approve the project;and WHEREAS,the City Council by this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Sections 15091 and 15093 of the State CEQA Guidelines;and WHEREAS,Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed,identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1-Changes or alterations have been required in,or incorporated into,the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2 -Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR;and WHEREAS,Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091,and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS,,Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project;and WHEREAS,Section 15903(b)of the State CEQA Guidelines requires,where the decision of the City Council allows, the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state In writing the reasons to support its action based on the EIR or other information in the record. 6 2 i NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence in the record,including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the Final EIR has identified all significant I environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 1 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the imposition of Conditions-on the approved project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR and enforced by the mitigation monitoring program. 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible,based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. The City Council finds that 3 7 0 • the remaining unavoidable significant impact is clearly outweighed by the economic,social and other benefits of the project,as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project,even when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council fords that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council fords that the project should be approved as modified by the design alternative described in the Statement Facts and Findings, and that any alternative to this action should not be approved for the project based on the information i contained in the Final EIR,the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 10. The City Council fords that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 11. The City Council finds that during the public hearing process on the Castaways Marina Project, the Environmental Impact Report evaluated a range of alternatives. The project, as approved by this action, is included in that range of alternatives,and incorporates two of the design alternatives into the approved project. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW,THEREFORE,BE IT RESOLVED'that the City Council does hereby certify the Final Environmental Impact Report No. 138 for the Castaways Marina Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impact Report is comprised of the following elements: 4 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Planning commission Staff Reports 4. Planning Commission Minutes 5. Planning Commission Resolution, Findings and Conditions for Recommended Approval 6. City Council Staff Reports 7. City Council Minutes 8. City Council Ordinance,Resolution and Findings and Conditions for Approval 9. Comments and Responses received prior to final action and not contained in 1 through 8 above. All of the above information has been and will be on file with the Planning Department,City of Newport Beach,City Hall,3300 Newport Boulevard,Newport Beach, California 92659-1768, (714)644-3225. ADOPTED THIS day of I . 1992. i MAYO{ ATTEST: CITY CLERK Attachments: Exhibits 1&2 PLT.,.\ED\EIR\H[RI3&RSI a 5 n VI EXHIBIT 1 STATEMENT OF FINDINGS AND FACTS FINAL ENVIRONMENTAL IMPACT REPORT 138 CASTAWAYS MARINA 1. BACKGROUND The California Environmental Quality Act(CEQA)and the CEQA Guidelines(Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in,or incorporated into,the ; project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic,social,or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach has determined that the proposed project should be approved. A description of the project to be approved is provided below. Because the proposed J actions constitute a project under CEQA,and the Initial Study determined that the project could have significant effects on the environment,the Cityof Newport Beach has prepared an Environmental Impact Report(EIR). This EIR indicates that there will be significant impacts as a direct result of the project in the area of construction noise and marine biological resources, and that significant effects to air and water quality will occur on a cumulative basis as a result of the project in conjunction with other past, present and , reasonably foreseeable future projects. The Findings and Facts set forth below explain the City's reasons for determining that the project should beapproved as proposed. II. PROJECT DESCRIPTION A. PROJECT OBJECTIVES 1. The objective of The Irvine Company is to provide economically viable commercial marina facilities within Newport Bay. The project is a 121 slip marina. B. DISCRETIONARY ACTIONS TO BE APPROVED AS PART OF THE PROJECT 1. Amendment No.743 Request'to establish Planned Community District regulations and adopt a Planned Community Development Plan for Castaways Marina. A-1 j0 j� 0 • 2. Traffic Study No.80 Request to approve a traffic study so as to permit the construction of a 121 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. 3. Resubdivision No.972 Request to create one parcel of land for marina development in the Castaways Marina Planned Community. lII. FIND WO AND FACTS IN SUPPORT OF FINDINGS REGARDING THE ENVIRON m**„nr EFFECTS OF THE PROJECT A. EFFECTS DETERMINED TO BE INSIGNIFICANT Each • Unique geological or physical features will not be affected since they do not occur on the marina site. ' No increases in exposure of people to geologic hazards are expected since no onshore facilities for occupation are included in the project Proposed grading and building construction will be required to meet the CiVs grading standards andl building code requirements, respectively. Ak • Due to the nature of the proposed uses at the marina, the proposed project will not alter existing air movement,moisture,temperature,or local or regional climatic conditions. Water • Due to the groundwater conditions in the area,the direction or rate of groundwater flow is not expected to be significantly altered by proposed marina construction. • No significant change in the quality of groundwater, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations, is expected to result due to the project. The project would require excavation of land infiltrated by salt water from the bay. However, increased salt water intrusion into the adjacent groundwater table is not expected to result due to the increased area of the bay. Fresh water sources of groundwater are distant from the proposed marina. Water for boat wash down and drinking supplies will be available at the marina. However, due to the relatively small size of the marina, no substantial reduction of available public water supplies would be expected due to the proposed uses. Plant Life • No reduction in acreage of agricultural crop land would result due to the project; no agricultural use occurs at the site and the site is not suitable for such a use. l2- A-2 Animal Life • No new animal species are expected to be introduced into the project area as a result of the project. An increase in water area could provide additional habitat for bay fishes. IJJgbt and Glare * The possible increase in light around the marina is expected to be relatively minor and localized. Land Use ' The marina site is currently unoccupied and is designated for marine recreational and commercial uses. Thus,no conflicts with existing or planned land uses are expected. Natural Resources • No significant increase in the use of natural resources is expected from the proposed project Fuel and wate usage due to increased number of boat slips and resulting boat usage is expected to be negligible. Rick of Ups t • No interference with evacuation/response plans is expected. Due to the nature of the marina and its location in Upper Newport Bay, the marina is not expected to affect the orderly evacuation of the area. population • No increase in population would be expected since no residential facilities are proposed by the project. Mooring facilities will be limited to small vessels and no food,fuel,or service facilities are planned for the marina. Construction crews are expected to be from local areas. Also,live-aboards are prohibited in accordance with lease provisions. Housin No additional housing is required for construction or operation personnel. Transportation • Due to the location of the proposed marina within a large marina- oriented area, no long-term, significant alteration of patterns of circulation or movement of people and/or goods would be expected. • Due to the nature of the marina project, no changes to rail or air traffic would be expected. Public Services • Due to the nature of the proposed uses, the proposed project would not have a significant effect upon or result in the need for new or altered governmental services in any of the following areas: school% parks or recreational facilities,other governmental services. Enerev • No substantial increase in energy usage (boat fuel or electricity) is expected due to the relatively small size of the project. 13 A-3 • Due to the nature of the proposed uses at the site, the project would not result in new utility systems or alterations to existing utility systems other than those needed to connect to existing adjacent utilities. Aesthetics • Other than potential short term view impacts during the dredging or construction phases,no aesthetically offensive views should result due to the project. Recreation " Recreational opportunities provided by the proposed project are expected to be beneficial. Although many impacts have been identified which are not significant, a complete set of mitigation measures and conditions of approval have been applied to the project to assure a minimal effect on the environment, as listed below: 1. Prior to issuance of a building permit,signage and exterior lighting shall be approved by the Planning and Public Works departments. I 2. Prior to issuance of a grading permit, a landscape and irrigation plan shall be prepared by a licensed landscape architect. Thi�plan shall be approved by the directors of the Planning, Public Works and arks, Beaches and Recreation departments. Prior to issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning departments. The application for a grading permit is to be accompanied by the grading plan and specifications,and supporting data consisting of soil engineering and engineering geology reports otother reports required by the building official. 4. Grading operations and drainage requirements shall meet the standards set forth in the City s Building Code(Appendix Chapter 70-Excavation and Grading,Sections 7001-7019) and the Building Department's General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the site,and a watering program designed to minimize impacts of haul operations. 6. An erosion,siltation,and dust control plan shall be submitted and be subject to the approval of the Building Department(prior to approval of the grading permit). A copy shall be forwarded to the California Environmental Protection Agency/Regional Water Quality Control Board,Santa Ana Region. 7. Grading shall be conducted in accordance with plans prepared by a,civil engineer incorporating the recommendations of a soil engineer an&an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to issuance of building permits. 8. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water,sewer, and storm drain for onsite improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. !`E A-4 9. No vessel discharges are allowed within Newport Bay. 10. A landscape plan,prepared by a licensed landscape architect,shall be submitted for approval by the directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. 11. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. 12. Prior to issuance of a grading permit,a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought-resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over- watering. 13. A qualified archaeologist shall be present during pre-grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 13. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and/or developer. 14. A paleontological monitor shall be retained by the landowner and/or developer to attend pre-grade meetings and perform inspections during development. The paleontologist shall be allowed to divert,direct,or,halt grading in a specific area to allow for salvage of exposed fossil materials. 15. Prior to issuance of any grading permits,the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 16. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • Between the hours of 7:00 a.m.and 6:30 p.m.on any weekday • Between the hours of 8:00 a.m.and 6:00 p.m. on Saturdays • Prohibited on Sundays and holidays 17. The following Fire Department standards/requirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet—no parking allowed b. 26 feet + car width-- parking one side(parallel) C. 26 feet + 2 car widths— parking two sides(parallel) A-5 2 Turning Radius a. Cul-de-sac - Minimum 40-foot radius - Minimum 42-foot radius if center is planted b, Comers - Minimum 15-foot radius 3. Height Clearance a. Minimum overhead-13 feet 6 inches b. Building eaves, trees,etc.,are prohibited 4. Roadway Width with Access Control (Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted,whichever requires the greatest width B. Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be specified on site plans(basically at or near the cul-de-sac turnaround areas) C. Marine Fire Protection 1. Standpipe and hose cabinet requirement a. Pier or floats under 500 feet in length Class II standpipe with hose cabinets arranged to provide protection to any portions of floats or floating vessels b. Pier or floats over 500 feet in length Class III standpipe with 2-1/2�inch hose outlets for fire depart- ment use and hose cabinets arranged so that all portions of floats and floating vessels arel protected I Required Water Supplies a. Class II standpipe 100 GPM at aresidual pressuie of 65 P.S.I.at the most remote cabinet b. Class III standpipe Same as Class II except that supply piping must be able to deliver 500 gpm to the 2-1/2-inch hose valves 3. Extinguishers a. One 2A 20 BC located in each hose cabinet 4. Transmittal of Fire Emergency a. A means of rapidly notifying the fire department in the event of an emergency (telephones used for this purpose shall not require the use of a coin) A6 i 18. In the event that dous materials/wastes are encountered dureevelopment of the site,these materials/wastes shall be handled and disposed of in accordance with all applicable federal,state, and local regulations. 19. The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. 20. To maintain project depths within the boat basin,dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and ACOE. 21. To minimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks within the channel. 222. To reduce the extent and effects of increased turbidity,the applicant shall require the dredging contractor to use filter curtains around dredging operations,when feasible. 23. When feasible, the dump scow shall be loaded only during ebb tide conditions so suspended material will be flushed seaward and nit into Upper Newport Bay. 24. Prior to, and upon the completion of, the dredging operation, soundings shall be taken at each barge marshalling area and the data supplied to the City of Newport Beach Public Works Department to-ascertain the need for dredging to return the area to predredging conditions. Such dredging will be the responsibility of the project applicant. 25. Prior to the issuance of a grading permit,the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency,U.S. Coast Guard,and Regional Water Quality Control Board. 26. conducted in a manner and at a approved b ofnt extracted City y of Newpr shall ort art Beach City Engineer and the Santa Ana Regional ter Quality Control Board 27. Suspended soils (e.g.,sand)shall be separated from.extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 28. Provision comply withwatermuali astandardss andrto control odors fromrthendewa ering P Y q �' process. 29. Prior to demolition of existing bulkhead structure, a complete plan for litter and debris control for the demolition,grading,and construction phases to ensure debris is not permitted to enter Newport Bay shall be approved by the Directors of the Planning and Marine departments. 30. Water extracted from dewatering wells and drained from bay materials shall meet current U.S.Environmental Protection Agency requirements prior to discharging into the bay. If necessary,the water shall be desilted prior to discharge. 31. The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S.Army Corps of Engineers. 32. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, antifouling pant use, and refuse management (including handling of hazardous wastes) as a part of lease materials. A7 11 33. For the life of th roject, the project applicant shall provide eac&na tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. 34. The applicant shall provide for periodic maintenance of the sanitary pumpout station to ensure its continuous operation. 35. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. 36. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. 37. In accordance with ACOE requirements,the loss of 0.69 acre of mudflat habitat shall be mitigated by the in-kind replacement of mudflat habitat at a replacement ratio of 15:1 and at an ACOE-approved site,preferably in Upper Newport Bay. This habitat shall be replaced prior to any project-related dredging of the channel. Mudflat will be created at depths between -1.5 and +2.5 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S.Fish and Wildlife Service, and the ALOE. The plan will,include the following elements. 1. Pre-construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offshe areas will be analyzed. 2. Pre-construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post-Constructibn Monitoring Program. A 5-year monitoring program will be designed that includes both construction and post- construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly duffing the first year following the creation of the mudflat area; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project,comparing the shorebird diversity of the newly created mudflats with existing mudflats nearby. The results of each survey will be presented in a post-survey report prepare for the City of Newport Beach and responsible agencies. 4. Option for Remedial Measures. If the newly created mudflat does not meet pre-determined criteria, then remedial actions, including a second mudflat restoration attempt in another area,will be undertaken. Specific remedial measures wr71 be determined upon consultation with responsible resource agencies. 38. In accordance with ACOE requirements, the loss of subtidal halibut nursery area shall be mitigated by the in-kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1,at depths between 1.5 and 3.21 feet below MLLW. This habitat shall be restored at an ACOE-approved site,preferably in Upper Newport Bay, prior to project-related dredging. A conceptual mitigation program shall be developed and implemented by the applicant ini consultation with the National Marine Fisheries Service,California Department of Fish and Game,U.S.Fish and Wildlife Service,and the ACOE. The plan will include the following elements. 1. Pre-Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 18 A-8 2. Pre-Construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program 3. Construction and Post-Construction Monitoring Program. A 5-year monitor- ing program will be designed that includes both pre-construction and post- construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction;quarterly for the first year following the creation of the subtidal habitat;and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project and compare the use of the newly created habitat by halibut with other areas in the Upper Bay. The results of each survey will be presented in post-survey monitoring reports prepared for the City of Newport Beach and responsible agencies. 4. Options for Remedial Measures. If the newly created subtidal habitat does not meet pre-determined criteria,then remedial actions,including a second restoration attempt in another area,will be undertaken. However, specific remedial measures will be determined upon consultation with responsible resource agencies. 39. To avoid potential misuse of smaller recreational vessels in the Upper Bay and to reduce potential impacts on wildlife,Castaways Mdrina tenants shall,as part of their leases, be provided with educational materials regarding local and federal boating regulations and the importance of reducing disturbances to the wildlife of the Upper Bay. 40. All appropriate BMPs shall be used to prohibit erosion and runoff during construc- tion and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegctation inunedialely after construction crascs and placement of runoff-retaining barriers. 41. Dredging and construction activitywill be terminated between April 1 and September 30, the breeding season of California least terns,to minimize adverse impacts on their foraging habitat due to increased turbidity. 42. The areas affected by construction shall be limited to the project site and proposed haul road;no material shall be deposited in the cattail marsh or coastal sage scrub habitats. 43, The landscape plan shall be altered to eliminate the use of periwinkle ground cover. 44. Prior to issuance of a grading permit by the city,the applicant shall present a traffic management program to manage construction-related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include any requirements of the City of Newport Beach Police and Public Works Departments. 45. Prior to issuance of a grading permit by the city,the applicant shall coordinate with Caltrans,Orange County,and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard, Bonita Canyon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak traffic periods. 46. Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill(assuming this disposal method is selected),haul trucks shall be inspected to easurd'that(1)no water leaks from the trucks and(2) dirt has been placed to avoid spillage onto roadways. 12 A-9 47. The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection. This signal shall be designed and timed to discourage bypass traffic from using Cliff Drive,to the extent possible. 48. During the dredging and ocean disposal operations,a gufdeboat,or a lookout on the barge bow, will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. 49. Prior to issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system,and shall provide the City of Newport Beach with verification of said meeting. So. Prior to the issuance of a dredging permit,the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard, and shall receive approval of the plan from said agencies. In addition,the contractor shall provide evidence to the City of Newport Beach that said plan has been approved and that the Notice to Mariners has been issued by the U.S.Coast Guard. 51. Dredging operations shall be limited to non-holiday weekdays, and shall be prohibited during the period of.the annual Christmas boat parade and holiday period (from approximately December 15 through January 1). In addition,said activity shall be limited to the hours of 7:00 am.to 6:30 p.m. for acceptable weekdays. 52. The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline-powered equipment. C. Implement engine timing retard. d. Utilize electrical or gasoline-powered instead of diesel-powered equipment whenever possible. 53, The applicant shall implement suppression measures for fugitive dust. Measures shall include wet suppression techniques for dry ground soil, immediate replanting and irrigation of landscaped areas, coverage requirements for loaded trucks, and onsite vehicle speed limits of 15 mph. These measures, as well as others deemed necessary by the City of Newport Beach, shall be incorporated as conditions of preventing offsite fugitive dust nuisances, as required in the SCAQMD Rule 403. 54. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). 55. On Saturdays,pile driving activity shall be further limited to the hours of 8:30 am. to 6:00 p.m. 56. The project proponent shall consult with the City of Newport Beach Water Department to ensure fire flows of 3,000 gpm-for the project. 57. Access dimensions shall be consistent with City of Newport Beach standards. 58. Fire protection requirements shall be consistent with the Uniform Building Code and the Uniform Fire Code. 59. Prior to the City's issuance of an occupancy permit,the applicant shall verify that the Newport Beach Fire and Police departments, and the Orange County Sheriffs Harbor patrol are provided with keys to all locked facilities/areas within the site. A-10 60. Low-flow bathroom fixtures shall be used in the bathroom/storage buildings on the site. 61. The approved landscape palette shall include drought-tolerant plant materials. 62. The project shall be designed to avoid disturbance of the existing onsite 30-inch water main, or if this cannot be achieved, design for the proposed project shall include provisions for the relocation of the water main in accordance with City of Newport Beach requirements. 63. A conduit system will be required for cable placement and shall be provided by the project proponent 64. The City shall conduct a baseline traffic study on Cliff Drive,prior to installation of the traffic signal at Dover Drive/Cliff Drive. The City shall monitor traffic along Cliff Drive, and, if a significant amount of traffic results, the City will install new traffic control devices,such as stop signs,to make Cliff Drive less attractive to use than Coast Highway. 65. The landscape plan for the project will be modified to incorporate landscaping along the cribwall,and will be reviewed and approved by,the City of Newport Beach prior to issuance of the grading permit. 1 66. Revise the marina slip design, if necessary, to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge. The plan shall be submitted to the Public Works Department for review and approval prior to the issuance of a grading or dredging permit. B. EFFECTS DETERMINED TO BE MMGATED TO A LEVEL OF INSIGNIFICANCE i Water Quality Significant Effect: Construction Dredging will have short term adverse chemical impacts on water quality related to a reduction in dissolved oxygen levels and an increase in detectable levels of trace metals. These impacts could add to cumulatively significant water quality problems in the Bay during the construction phase, when installation of docks and pilings will add to the cumulative risk of leakages, of contaminants, such as polynuclear aromatic hydrocarbons (PAHs), grease, polychlorinated biphenyls (PCBs), and other contaminants potentially harmful to marine life. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to seismic risk, and to a level of insignificance with respect to soil conditions by virtue of the Standard City Policies identified in the Final EIR and the additional mitigation measure listed below: A-11 1 • Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and the Regional Water Quality Control Board. Significant Effect: Behind the bulkhead,material below the groundwater level will be dewatered. This water will be discharged to Upper Newport Bay and if it does not meet U.S. EPA sl:mdards, it could cunlributc to cumulatively significiun water quality problems in the bay. Therefore, it will be required to meet or be treated to meet said standards. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental eff+t as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue iof the Standard City Policies identified in the Final EIR and the following mitigation measures: • Water extracted from dewatering wells and drained from bay materials shall meet current U.S. Environmental Protection Agency requirements prior to discharging into the bay. If necessary,the water shall be desilted prior to discharge. • Treatment of extracted water shalt be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. • Suspended soils (e.g,,;sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. I • Provision shall be made,as necessary,for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. Significant Effect Ocean disposal of dredged material has a low potential to significantly degrade water quality at the LA-3 site. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. A-12 Z� Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final FIR and the following mitigation uuasme: The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S.Army Corps of Engineers. Marine Biolo¢v Significant Effect: Accidental oil or fuel spills could potentially occur during the proposed dredging operation or marina construction and could result in significant effects on the wildlife of the Upper Newport Bay. The duration of the construction operation would be relatively short and the potential for the occurrence of petroleum-product leaks or spills would be low. However, biological effects could be significant depending on the severity of the accident. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to seismic risk, and to a level of insignificance with respect to soil conditions by virtue of the Standard City Policies identified in the Final EIR and the additional mitigation measure listed below: ' Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall .be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and the Regional Water Quality Control Board! Significant Effect: During operation of the marina, accidental oil or fuel spills could adversely affect wildlife in the Upper Bay; the significance would depend on the severity of the spill. The project would reduce the potential for accidental oil or fuel spills by not providing a fueling station, and by prohibiting major boat maintenance activities (painting,engine overhauls, etc.). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effeft as identified in the Final EIR. A-13 • Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: • For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. Significant Effect: The Bayside Marsh Peninsula across the channel from the site is not expected to be affected in the short term by the project if precautions, such as the use of filter curtains, are implemented during the dredong operation. However, in the long term,boating activity is expected to increase in the main channel,and the channel width would be narrower because of the proposed pier. This could result in an increase in noise and enhanced public access to the Bayside Marsh Peninsula mudflat and marsh habitat, thereby reducing the wildlife utilization value of the area. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: i The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. • To reduce the extent of increased turbidity,the applicant shall require the dredging contractor to use filter curtains around dredging operations,when feasible. Significant Effect The project will result in a net loss of mudflat habitat, which represents a 41 percent decrease in this habitat category within the project's impact area. The maintenance of Newport Bay pudflats is important for the continued success of the birds that forage and nest in the Upper Bay. Reduction in mudflat habitat is considered to be a significant, localized impact of the project A-14 )-'t I Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final Eir. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: ' In accordance with Army Corps of Engineers (ACOE) requirements, the loss of mudflat habitat shall be mitigated by the in-kind replacement of mudflat habitat at a replacement ratio of 1.5:1 in an ACOE-approved site, preferably in Upper Newport Bay. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the appropriate resource and regulatory agencies. Significant Effect: A permanent deepening of $ubtidal halibut nursery habitat would result from channel d#edging. The deepening of this habitat would reduce the habitat quality and result in a net loss of habitat for"young of the year"(YOY). The dredging would also recontour habitat at depths preferred by juvenile halibut. The'creation of the Castaways Marina basin will fully offset the loss of juvenile halibut habitat since the depth of the marina basin would be within the preferred depth range for juvenile halibut. The reduction and alteration of halibut nursery habitat is considered to be a significant local impact of the project,but is not expected to be a significant regional impact. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: • In accordance with ACOE requirements, the loss of subtidal nursery area shall be mitigated by the in-kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1 at depths between 1.5 and 3.21 feet mean lower low water level. The mitigation shall be undertaken in an ACOE-approved site, preferably in Upper Newport Bay. A detailed conceptual mitigation program shall be developed and implemented by the applicant in consultation with the appropriate resource and regulatory agencies. A-15 J lJ Terr@stria) Rill ical R-um rg e9 Significant Effect: Construction of the temporary access road through the Upper Castaways site could result in erosion and runoff into cattail marsh habitat located near Dover Drive on the Upper Castaways site. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final Elq and the following mitigation measures: * All appropriate BMPs should be used to prohibit erosion and runoff during construction and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegetation immediately after construction celases and placement of runoff- retaining barriers. The areas affected by construction should be limited to the project site and proposed haul road; no material shall be deposited in the cattail marsh or coastal sage scrub habitats. Significant Finding: The proposed landscape plan includes periwinkle ground cover which is potentially invasivd to natural plant communities, particularly wetland habitats. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: " The landscape plan shall be altered to eliminate the use of periwinkle ground cover. : A-16 Z6 0 • Cti�ltural Resources Significant Effect: The Monterey and Capistrano formations located on both the Upper and Lower Castaways site have a history of providing fossil records throughout Southern California. Project implementation would expose these formations and could significantly affect and possibly destroy any fossil remains. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has beep substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation i measure: ' A paleontological mqnitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform4rispections during development. The paleontologist shall be allowed to divert,direct,or halt grading in a specific area to allow for salvage of exposed fossil materials. ' Tra/fic/Circulation Significant Effect: The proposed project will generate additional traffic,primarily on Dover Drive and Coast Highway, during the dredging and construction phase of the prq ea The additional traffic may cause short-term traffic congestion in the vicinity of the project site. Construction-related traffic impacts can generally be mitigated to a level that is less than significant through the use of standard traffic control practices. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final ET. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue tof the Standard City Policies identified in the Final Elk and the following mitigation measure: Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction-ri}lated traffic access to the project site and to ensure safe-turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include A-17 1� any requirements of the City of,Newport Beach Police and Public Works Departments. significant Effect: If ocean disposal for dredged materials is not approved, all or part of the material will be hauled to the Coyote Canyon Landfill, Assuming a 5-day work week and a 12-week dredging period,an estimated 70 truck trips a day could be generated by the proposed dredged material disposal operation. Due to the potentially high number of truck trips, the dredging operation would contribute to potentially significant short-term traffic congestion in the-cities of Newport Beach and Irvine, Finding: ('hanges or allcuttions h:wc hcen required in, or incorporatcd into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: • Prior to issuance of a grading permit by the City, the applicant shall coordinate with Caltrans, the County of orange, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard,Bonita Canyon Road,and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid hauling during morning and afternoon peak traffic periods. Significant Effect: Trucks hauling dredged material to the Coyote Canyon Landfill could leak water or spill dirt along the haul route creating unsightly and unsafe road conditions. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue pf the Standard City Policies - identified in the Final EIR and the following mitigation measure: ' Prior to leaving the construction staging area and delivering dredged, material to the Coyote Canyon Landfill(assuming this disposal method is selected),haul trucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. A-ig Z� Significant Effect: If the landfill disposal option is not performed,all construction traffic would enter and exit the site via a driveway on the Lower Castaways site. In this case,only right turns into and out of Dover Drive would be possible. Entrance to the site would occur via a right turn from north-bound Dover Drive, immediately after a right turn from Coast Highway. In addition, long-term traffic access to the marina would be limited to a right-turn in and out movement. This will generate additional U-turn movements at the Cliff Drive/Dover Drive intersection and is considered to contribute to potentially unsafe turning movements and lane changes. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has beepI substantially lessened to a level of I insignificance by virtue 'of the Standard City Policies identified in the Final EIR and the following mitigation measure: The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4- way, signalized intersection. Harbor Circulation Significant Effect: Should either of the dredged material disposal alternatives be implemented, short-term impacts to'harbor circulation are expected. The dredge/construction stage of the project will limit the ability of boars to enter or exit the Upper Bay due to the placement of equipment immediately north of the Coast Highway bridge. If the ocean disposal alternative is selected, the dredging activity and transport of the dredged material will potentially interfere with the various recreational boating activities/events,such as boat races,that occur on a regular basis in the harbor. With the scows moving down the middle of the channel,racing boats and pleasure craft will need to adjust their course to avoid the slow-moving scowl. The disruption of harbor circulation is considered a short-term significant impact of the proposed project. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final$IR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: A19 y� ' During the dredging and ocean disposal operations, a guideboat or lookout on the barge bow will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. ' Prior to the issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system,and shall provide the City of Newport Beach with verification of said meeting. ' Dredging operations shall be limited to non-holiday weekdays, and shall be prohibited during the period of the annual C'hrisuoas boat parage and holiday periud (from approximately December 15 tluough January 1). In addition,said activity shall be limited to the hours of 7.00 am.to 6:30 p.m.for acceptable weekdays. C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED Listed below are the significant environmental effects that cannot be avoided if the project is implemented. These effects have been reduced to the extent feasible through the requirements and mitigation measures described below. The remaining unavoidable significant effects have been determined to be acceptable when balanced against the economic, social, or other factors set forth in the attached Statement of Overriding Considerations(Exhibit B). Water Ouality Significant Effect: Marina tenants could potentially discharge wastes from vessel holding tanks illegally,resultipg in an increase in bacterial and viral contamination, nutrient loading and turbidity that would contribute a small increment to cumulatively significant water quality problems in the bay. Findings: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: No vessel discharges are allowed within Newport Bay. A 20 30 • The applicant shall provide for periodic maintenance of the sanitary pump out station to ensure its continuous operation. Significant Effect: The project will add a small increment to cumulative levels of anti-fouling and paint-related contaminants in the bay due to paint which can leach from the bottom of boats at anchor,and from normal maintenance activities,including bull scaping. In addition, bull cleaning activities could result in the periodic release of marine fouling organisms, increasing the organic content of local sediments which can then contribute to anoxic bottom conditions. Findings: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, Pr other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, anti- fouling paint use, and refuse management (including handling of hazardous wastes) as a part of lease materials. Significant Effect: Runoff from the new marina parking lot and adjacent landscape areas will result in the discharge of contaminants such as oil, grease,fertilizers,pesticides,and trace metals into the bay and thus contribute a small increment to the cumulative water quality problems associated with stormwater discharges throughout the bay's watershed. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. 31 A-21 • ' • 1. Other &nges or alterations are within the responsibility and jurlsdi on of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • A landscape plan, prepared by a licensed landscape architect, shall be submitted for approval by the Directors of Planning and Parks, Beaches, and Recreation,which includes a maintenance program that controls the use of fertilizers and pesticides. • Landscaped areas shall be irrigated with a system designed to-avoid surface runoff and over-watering. • Prior to issuance of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought-resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over-watering. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. Significant Effect: The presence of additional boats introduced by the project could increase the risk of accidental oil and fuel spills occurring in Newport Bay. Spillage of hazardous materials,such as diesel fuel, gasoline and lubricating oils from vessels, and paint thinner and other organic solvents from maintenance activities, or the improper disposal of these materials associated with operation of the marina would contribute a small increment to cumulatively significant water quality problems in Newport Bay. Findings: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final tIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such,agencies. Facts in,Support of Finding: The.significant effect has been substantially lessened by virtue of the Standard City Policies identified in the.Final EIR and the following mitigation measures: A-22 3 • For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, anti- fouling paint use, and refuse management (including handling of hazardous wastes) as a part of lease materials. Although the incremental increase in adverse water quality effects as a direct result of the project is considered minor,it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities,the County of orange,the Southern California Association of Governments, and the Regional Water Quality Control Board. Air Quality Significant Effect: The combined effect of al� phases of construction would contribute to an already eMsting violation of the ozone i standard. Nitrogen oxide ,emissions from the dredging equipment are estimated to a#eed 100 lbs/day and would lead to a short-term significant impact of regional air quality. Findings: Changes or alterations have i een required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, pr other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies,identified in the Final EIR and the following mitigation measures: • The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline-powered equipment. C. Implement engine timing retard. A-23 3� d. Utilize electrical or gasoline-powered instead of diesel-powered equipment whenever possible. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). Significant Effect: Although long-term project-generated air quality impacts are expected to be minimal due to the relatively small number of boats, any increase in emissions of ozone precursors (i.e., nitrogen oxides and hydrocarbons) is considered significant since the site is in a non-attainment area for ozone. Findings: Specific economic, social, pr other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies,and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: Although the incremental air pollutant emission increase as a direct result of the project is considered minor,it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities,the County of Orange,the Southern California Association of Governments, the South Coast Au Quality Management District, the California Air Resources Board, and the Federal Environmental Protection Agency. Noise � Significant Effect: Construction operations (e.g., dredging and pile driving) will produce noise levels that exceeid the City's noise criterion of 65 dBA CNEL in residential areas. Although these increased noise levels are of a relatively short term nature,they may be perceived as significant by nearby residents. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. A-24 � 0 Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • Between the hours of 7:00 am.and 6,30 p.m.on any weekday • Between the hours of 8:00 am.and 6:00 p.m.on Saturdays • Prohibited on Sundays and holidays On Saturdays, pile driving activity shall be further limited to the hours of18:30 a.m. to 6:00 p.m. Although the incremental noise increase as-a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. IV. PROJECT AI.TERNATRMS AnLlysia Section 15126(d)of the CEQA Guidelines requires that an EIR describe"a range of reasonable alternatives to the project,or to the location of the project,which could feasibly attain the basic objectives of the project,and evaluate the comparative merits of the alternatives." Six alternatives to the proposed project are evaluated in Section 6 of the Final EIR. 'these alternatives were developed with the intent of finding ways to avoid or reduce the environmental effects of the proposed project while,attaining the basic objectives of the project,even if those alternatives might impede the attainment of other.project objectives and might be more costly. The City Council has determined that four of these alternatives are infeasible, in that they would not satisfy the basic project objectives or they would not substantially reduce the environmental effects as compared to the proposed project A summary of the alternatives considered,along with an explanation of why each alternative was rejected is presented below. The Project Objectives are presented in Section II.A., above. 1.No Prglect/Development According to Existing Entitlements The No Project/No Development alternative would maintain the site involved in its present state,with no change in entitlements and no construction of the new marina. This alternative would avoid'all of the environmental effects associated with the proposed project, and therefore is environmentally, superior to the proposed project. This alternative would not meet the basic project objectives, however, and is therefore rejected as infeasible. In addition,this alternative would allow for the eventual development of 40,000 sq.ft.of commercial development on the project site. A-25 35 184 Boat Slip Alternative This alternative would provide for a marina with 41 fewer boat slips. It would incrementally reduce the dredging impacts of the project,although the project will engender similar impacts to juvenile halibut habitat to the proposed project. Because of the reduced dredging the alternative is considered environmentally superior. This alternative would not meet the basic project objectives,however,and is therefore rejected as infeasible. In addition,this alternative would allow for the eventual development of 40,000 sq.ft of commercial development on the project site. 3. 50 Boat Marine without new Marina Basin This alternative would provide for a marina with 75 fewer boat slips. It would incrementally reduce the dredging impacts of the project,although the project will engender similar impacts to juvenile halibut habitat to the proposed project. Because of the reduced dredging the alternative is considered environmentally superior. This alternative would not meet the basic project objectives,however,and is therefore rejected as infeasible. In addition,this alternative would allow for the eventual development of 40,000 sq.ft of commercial development on the project site. d Alternative Cite Locations The potential for alternative project locations was examined in order to reduce or alleviate the potential environmental effects on upper bay resources. the following sites were evaluated: Lower Newport Bay, West Newport/Newport Shores,Dana Point and Huntington/SunsetHarbor. These locations were rejected due to the absence of available sites within the location, the lack of City jurisdiction over the area and/or that similar development on these sites would result in similar environmental effects. In the consideration of the project and the alternatives to the project, the City Council has incorporated two of the design alternatives in order to reduce the significant effects of the proposed project These a�e the reduction of the size of the marina to 121 slips in order to reduce the dredging Impacts of the proposed project and the alternate long term site access design to a signalized access point at Cliff Drive. The alternate site access will eliminate the need to construct a temporary access road on the Upper Castaways site and will provide safer long term access to the proposed project. Conclusion On the basis of the information presented above,the City Council has determined that none of the project as modified by the two design alternatives will accomplish the project objectives while substantially reducing the environmental impacts of the project. The Statement of Overriding Considerations(Exhibit 2)presents the reasons why the City Council has determined that the proposed project should be approved, even though it will contribute to significant project related and cumulative effects that cannot be fully mitigated. PLT..\a\amd\nIRUSA A-26 Exhibit 2 STATUFM OF OVERRMWG CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project The City of Newport Beach has determined that the unavoidable risks of this project are acceptable and are clearly outweighed by specific social and other benefits of the project In making this determination, the following factors and public benefits were considered: 1. The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infll development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements,specifically the City's Fair Share Traffic Contribution Ordinance. S. The project will provide marina uses in the City of�ewport Beach which are in great demand in the area. 6. The project will increase recreational resources and public access to the coastal resources of Newport Bay. i 7. The project will preclude the development of 40,OOO sgft.of retail or visitor serving commercial uses on the property as provided for in The Newport Beach General Plan. g, The project will incrementally improve the jobs/housing balance in the City due to the minimal commercial intensity of the marina,project as compared to the use permitted by the Newport Beach General Plan. PL7'\PD\RJR\MR1340RC • i�ember 21, 1991 MINUT tb COMMISSIONERS 16 O� `�' CITY OF NEWPORT BEACH woEx i ROLL CALL alignment to be dete when MacArthur Boulevard is ' ed. If the bridge is not co with the MacArthur Boulevard widening project, then the easement will be relinquished. e in +' ,aA Rxb11C Hearin Item Nc.6 endment No 4 Ai A743 Request to establish Planned Community District regulations and adopt a Planned Community Development Plan for Castaways Ts80 Marina; and the acceptance of an environmental document. R972 AND Approves B. Traffic Study No 80 ((bntinued Public He rin Request to approve a traffic study so as to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. AND C. Resubdiv N9, 972 (Continued Public Hearin Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of-Lot l;Tract No. 1125,located at 300 Dover Drive, on the northeasterly comer of Dover Drive and West Coast Highway on the Castaways property. ZONE: P-C i APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant -33- 3g • NOmber 21, 1991 MINUTES COMMISSIONERS Off ' CITY OF NEWPORT BEACH INDEX ROLL CALL ENGINEER/ SURVEYOR; Dulin and Boynton Surveyors, Signal Hill Don Webb,City Engineer,recommended that Mitigation Measure No. 70 be added to Environmental Impact Report No. 138. The mitigation measure would require the marina to conform with proposed harbor lines that are in agreement with the County s that i r ba the City.The County is in the process of changingharbor lines that would provide for a The applicant has agreed to conform with the revised lines. Commissioner Glover addressed the draft EIR concerning the crib wall, and a traffic signal at the intersection at Dover Drive and Cliff Drive. Mr. Webb explained that the existing slope would be required to move back and The Irvine Company proposed to use a crib wall with the idea that the wall could allow more planting than an average solid face wall.The City is interested in a wall that would provide landscaping vines, etc. to cover up and reduce the impact of the wall. Mr.Webb further explained that a traffic signal at the intersection of Dover Drive and Cliff Drive has been warranted since 1971, and there have been two fatalities at the intersection during the past two years that could have been prevented if a traffic signal had been installed at the intersection. In response to questions posed by Commissioner Glover regarding the intersection, Mr. Webb replied that he did not foresee a backup of traffic on to West Coast Highway'if a traffic signal would be installed at the intersection, and it would provide an opening for traffic to and from Cliff Drive. The proposed installation of crosswalks on Dover Drive would provide access to the Castaways area, and the signals would provide sufficient time to allow individuals time to cross the street. Commissioner Edwards addressed the comments in the staff report regarding the appropriateness fdr the Planning Commission to consider the environmental impact in the evaluation of the project. Ms. Patricia Temple, Advance Planning Manager, responded that normally marina projects do not come before the Planning Commission inasmuch as the marinas do not occur in areas that are on of the subject na is to oned or subject to out of the uplandswhich i s zoned Planned r eCommunity -34- • Amber 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH INDEX ROLL CALL. (P-C),and,therefore,this project is subject to a zoning action. The Environmental Impact Report identifies impacts of the project and it is 100 percent appropriate for the Planning Commission to consider the impacts of the project as the Commission considers the appropriateness of the land use and the requested zoning. The testimony during the public hearing may address the appropriateness of the design or size of wetlands, or habitat mitigation, and the mitigation measures are written so that the project must receive all of the appropriate permits. Planning is in a position to judge the merits of a habitat mitigation program, and it is up to the resource agencies and all of the related agencies to determine and approve the dredging permit and a mitigation plan to decide whether the proposed plan is adequate. In response to a question posed by Commissioner Debay, Ms. Temple explained that the Planning Commission's decision is no less compelling than the other agencies inasmuch as the Commission will make a decision regarding the appropriateness of the marina on the site. The General Plan allows a 40,000 square foot entitlement that permits retail, visitor serving, marine-type commercial, and restaurants uses. In response to a question posed by Commissioner Edwards regarding the size of the proposed marina, Tony Melum, City Tidelands Administrator, appeared before the Planning Commission. Mr. Melum explained that the 121 slips proposed at the horseshoe shaped marina could be compared to the existing Balboa Yacht Basin that consists of 171 slips. In response to questions posed by Commissioner Glover, Ms. Temple explained that a marina and a construction mobile home of ark existed at the subject location pno oast Highway bridge. The public hearing was opened in connection with this item, and Mr. Edward Powers, President of California Recreation Company proposed Castaways e o s Marina,appeare d Y erforth ro p and Project Manager P before the Planning Commission on behalf of the applicant. Mr. Powers presented a brief history of the subject property that included a marina consisting of 67 small slips, and a mobile home -35- 4U r'" • Amber 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH tHOEx ROLL CALL park, and the eventual removal of the mobile home park and the destruction of the marina so as to construct the Coast Highway Bridge. Mr. Power explained that Tideland Fees have been paid since 1981 despite the fact that no marina existed on the property. In response to a question posed by Chairman Di Sano, Mr. Power concurred with the findings and conditions in Exhibit "A". Mr. Jerry Ring, J. A. King and Associates, appeared before the Planning Commission on behalf of the Castaways Marina. Mr. King addressed the project and previous uses that existed on the property. The proposed project will consist of a floating pile support and a land base facility designed and tested for hazards that could occur to the marina. The construction consists of a wooden structure and concrete pile, and wooden pier sections are desired as opposed to the concrete sections because flexibility is necessary during periodic storm flow through the Bay. The proposed facility would include restrooms and showers; trash and storage containers for the boaters and users; a utility area; on-site hydrants to address fire emergencies that could occur in the marina; and a sanitary pump out station that is consistent with the City's plan to require pump outs throughout the bay area. Retail uses that would be allowed on the site have been relinquished. A public viewing area and public access to the beach running along the upper Castaways site and 106 parking spaces will be provided adjacent to Dover Drive. The protected bike trail and the walkway would proceed under the bridge. The draft EIR consists of a study of 125 slips, and because of concerns, including the halibut area, the applicant proposes to reduce the marina size. The walkway will provide for approximately 60± slips and the marina basin will also provide for 60± slips that will be developed by dredging materials. The slips will accommodate 35 foot to 45 foot boats. Mr.King explained that the marina construction will occur in three nd phases: the first phase will replace the old bulkhead, the second phase will consist of the dredging activity of approximately 67,000 cubic yards of material, and the third phase will consist of the construction of the marina. He said that the plans of the proposed marina have been reviewed by several homeowner associations located in the surrounding neighborhoods, and by professional -36- q1 ' I k • N.40imber 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH INDEX ROLL CALL organizations. The concerns that were expressed by the homeowners associations have been addressed and agreed to by the applicant. Mr. King stated that the grading and dredging activities that will take place in the marina will meet with the required permits, and the approved plans will be prepared by a licensed Civil Engineer. The loss of the mudflat area in the project area will s a mitigated Engineer C at a replacement ratio of 1.5 to 1,,in an Army dal approved site, and the same Corps mitigation of Engineer1 site at a to the s1.5 toub ub-ti 1 halibut nursery in an Army replacement factor. Mr. Randy Mason, Cash and Associates, Engineering,e 77 theP1 BBoo.ng Avenue, Huntington Beach, appeared Commission, and he described the proposed plan for the marina. He explained that a new bulkhead is proposed in the back lands and excavation is proposed to create water space for the marina. At the 'toe' of the bluffs is an adjudicated line of ordinary high tide, indicating that everything on the water side of the line is County jurisdiction,and the land side of the line is City jurisdiction. He addressed the center divider on Dover Drive that would only allow a right turn into and out of the site. The temporary haul road for the 125 slip marina is for the dredging activities that would occur on the site. The material would be dredged road drie to d on site, and removed by truck via the temp haul parking, th Street. Mr. Mason addressed the restroom facilities, p g, landscape areas, access to the water space and bulkheads, and the sidewalks along the bulkhead wall. The wooden pier structure would provide public access; however, the public would not have access to the boats and slips. Mr. Mason addressed the environmental concerns of several a regarding the halibut habitat and the mudflats. He explained that to mitigate said concerns was to reduce the number of boat slips by 3 to 121 slips and to rotate the end of the marina en to reduce impacts to certain habitat areas. The amount of dredging material that was originally going to be dredged was eliminated, and the bottom elevation of the basin was raised slightly to make a smoother transition with the existing mud-line in the channel. As -37- L2 No�mber 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH _ INDEX ROLL 'CALL a result of the foregoing, the impact of the young-of-year halibut was reduced by 25 percent, the mudflats that were going to be dredged has been reduced by 50 percent, and additional water space has been created in the bay. The intersection at Dover Drive and Cliff Drive will be signalized and will provide an access to the marina site. In response to a question posed by Commissioner Debay regarding access ramps,Mr.Mason replied that there are existing facilities in the Back Bay that are equipped to provide access ramps for small boats. The limited space on the proposed site does not allow an area for access ramps because of the lack of parking facilities, and no area is provided for staging trailers and vehicles. In response to questions posed by Commissioner Glover, Mr. Mason replied there would not be a stacking of boats, and there is not a facility that would allow the boats to be removed from the water. In response to a question posed by Commissioner Pomeroy regarding the comparison of slip size with other marinas in the harbor, Mr. Mason explained that the slip widths that range from approximately 14 feet to 17 feet wide are based on power boat beam widths and are the widest widths that are recommended by the State. Mr. Melum explained that the Balboa Yacht Basin marina was designed in conjunction with specifications provided by the State Boating and Waterways wherein he explained the percentage of 170 slips that range from 31 feet long and 13 foot beam, 35 feet long and 13 foot beam, and 40 feet long and 14 to 15 foot beam.Commissioner Pomeroy,Mr.Mason,and Mr.Melum discussed the size of the proposed marina with the size of the Balboa Yacht Basin marina. In response to a question posed by Chairman Di Sano, Mr. Power reappeared before the Planning Commission wherein he replied that a boat would not be permitted if it is larger than the fairway. In response to Commissioner Pomeroy's foregoing concerns, Mr. Power explained that the marina's design considers the future size of boats. -38- ?j, %' • MINUTES COMMISSIONERS 1Qovember2l, 1991 CEO CITY OF NEWPORT BEACH INDEX ROLL CALL In response to a question posed by Commissioner Edwards, Mr. Power explained that the Balboa Marina located adjacent to the two Reuben restaurants has 132 boat slips ranging from 27 feet to 55 feet and are not as wide as the proposed slips. Mr. Allen Beek, 2007 Highland Avenue, appeared before the Planning Commission. Mr.Beek presented a brief history of when his father developed the Balboa Yacht Basin marina. He supported the subject property reverting to a marina, and the resubdivision. He opposed the rezoning to a Planned Community, inasmuch as he would have preferred Commercial zoning for tighter control. He opposed a road on the upper Castaways site inasmuch as it is an attractive and historical site and "should not be disturbed, the proposed haul route, and the intersection at Dover Drive and Cliff Drive. The proposed marina is a better use for the site than a restaurant inasmuch as it has low intensity uses. The EIR is inadequate inasmuch as it does not address the flood danger and the tidal flow. The pierhead line should be parallel to the shore of Bayshores, except it should touch the furthermost point of the adjudicated line that is the narrowest part of the channel. In response to a question posed by Commissioner Edwards, Mr. Webb described the existing 100 foot wide navigational channel from the diagram on display, and consideration of a 200 foot wide navigational channel by the County and City. The proposed marina would consist of a pierhead line set back from the navigational channel of 20 feet, and at the area beyond the proposed marina, the pierhead line would be where the beach exists. The bulkhead line follows the line that The Irvine Company is proposing. In response to a question posed by Commissioner Glover, Mr. Webb explained that the proposed intersection at Dover Drive and Cliff Drive would be constructed for safety purposes, and to eliminate u-turns on 16th Street dnd the entrance to the Bayshores area. In response to a question posed by Commissioner Pomeroy, Mr. Webb explained that the concerns regarding the 17,000 cubic feet per second flood flow that would come into the Upper Back Bay ' , • MINUTES COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH INDEX ROLL CALL does not flow at a rapid speed for a very long period of time inasmuch as the water would spread out in the Upper Bay. Mr. Gage of the Orange County Sheriffs Department on Bayside Drive appeared before the Planning Commission,and he addressed the previous marina that was not disturbed during the flood of 1969. Mr. Karl Hufbauer, 20241 Bayview Avenue, appe ared before the Planning Commission on behalf of SPON (Stop Polluting Our Newport). Mr.Hufbower stated that SPON opposes any marina at the lower Castaways inasmuch as the construction of the marina would have an adverse impact on the Upper Bay's environment. He said that SPON is not persuaded by the EIR or City staffs evaluation that the Castaways marina would not seriously stress the Upper Newport Bay Ecological Reserve by increasing air and water pollution and by reducing tidal flows, that it would not result in a reversible decrease in the Upper Bay's ability to serve as a nursery for halibut and other species,and it would significantly diminish the length and quality d of the fishing beach at the Upper Castaways. If the proposed marina is approve , SPON requests the following amendments, Exhibit A , Environmental Impact Report No. 138, Findings: No. 2 be amended to delete all and state That many potential significant environmental effects which could result from the r9l t have been identified and analyzed in the EIR No. 3 be amended to state ...incorporated into the project which might reduce potentially significant environmental effects......, and delete that the only remaining environmental effects are significant only on a cumulative basis. Mr. Hufbower recommended the foregoing amendments inasmuch as staff stated that they did not have the technical expertise to advise the Commission or to make other udgements on the adequacy of the proposed mitigation concept. He said that if they do not have that expertise, then they do not have the expertise to advise the Commission on what occurs underneath the water. The amendments would avoid the Commission from certifying facts'that they did not have technical advise, or to give an unqualified certification to the EIR inasmuch as the applicant intends to submit the certified EIR as reporting information to subsequent reviewing bodies. -40- /f • vember 21, 1991 MINUTES COMMISSIONERS �0 CITY OF NEWPORT BEACH INDEX ROLL CALL Mr.Dick Demmer,2812 Cliff Drive,appeared before the Planning Commission in support of the proposed marina. He expressed his concern regarding the finger of the marina into the sensitive habitat of the mud lands and the sub-tidal areas, and the habitat that resides below the water. He expressed concerns regarding the EIR and the mitigation procedures wherein it states that the applicant has an agreement with the State Fish and Game as to mitigation, and the letter from the State Fish and Game dated October 15, 1991,states that there is no agreement only discussions. State Fish and Game states that any removal of habitat is significant even if there is mitigation. Mr. Demmer referred to the various agencies that would be addressing the proposed Ha stated that he did not ect subsequent to the Planning Commission's public hearing. know if mitigation would work in the Upper Bay, and if it does not work what do we do - does the Upper Newport Bay become a mitigation bank for the marina project. A smaller manna nnauld would be desirable; however, he stated that the applicant lager marina because it is economically more prudent and feasible. In response to a question posed by Commissioner De long as stated that he would approve any project development does not extend into the habitat area. Mr.Frank Robinson, 1007 Nottingham Road, appeared before the Planning Commission on behalf of the Friends of Newport Bay. Mr. Robinson stated that the EIR does not state that in 1975 the use of the trust lands was modified to allow ecological reserves, scientific study, ecology, education, pleasure and enjoyment, as reasonable uses. He addressed the frontage across Upper Newport Bay and the extension of the long finger, and he stated that the entire slope along the beach up to the top of the bluffs is classified as Open Space, and he questioned if The Irvine Company could use the land without a change in the General Plan. Mr.Robinson addressed the applicant's request to move their property into the middle of the channel,the City's standard policy to allow an upland property owner one pier in front of the property between property lines, and the idea of keeping the land open for perhaps the present or future property owners. The Fish and Wildlife Service per n terms of stated marina,that they would not endorse any mar in the inas n the Upper -41- �b I I.,- . ' . MINUTES COMMISSIONERS November21, 1991 CITY OF NEWPORT BEACH INDEX ROLL CALL Bay,and they would not endorse any dredging program in terms of mitigation that would allow the land to be used for mitigation purposes on private projects. He said that he could not locate a source that the proposed bulkhead line has been approved by the U. S. Government, and he described what would be required to remove the bulkhead line. Mr. Robinson addressed the complications regarding velocity. In response to questions posed by Commissioner Edwards, Mr. Robinson stated that he is not totally opposed to the marina, as long as the marina is developed totally out of the Upper Bay. The Irvine Company has a reasonable use of the property,a manna was previously developed on the property and the proposed marina is an expansion of the previous use, and the marina fits the policy of the City. Mr.Robinson replied that he opposes the marina's finger extension into,the channel and he expressed his concern that a conservative point-of-view be maintained regarding the habitat in the bay. Mr. Stephen Sutherland, 2429 West Coast Highway, appeared before the Planning Commission, and he addressed the feasibility of flood 'damage based on previous tidal flow. Ms. Karen Evarts appeared before the Planning Commission. She addressed the difficult traffic pow that could occur at the intersection of Dover Drive and Cliff Drive, and the lack of park land in the City. Ms. Evarts stated that her vision of the City is 'enough is enough', that there are 10,000 boat slips elsewhere in the Harbor, and she questioned if the proposed marina is the proper place for additional slips based on previous testimony. The proposed property could be considered as a compliment to the Upper Castaways property, and she requested that the Planning Commission delay action until a use has been determined for Upper Castaways. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot addressed his concerns regarding the Upper Castaways property and the proposed temporary haul road. He indicated that a portion of the Upper Castaways would be covered by products of the grading, and part -42- 111*_�'. ' MINUTES November 21, 1991 COMMISSIONERS CITY OF NEWPORT BEACH INDEX ROLL CALL Of the bluff towards Dover Drive is proposed to be cut away in favor of a retaining wall and an access road. He suggested that Exhibit"A',EIR No. 138,Mitigation Measures No. 19,No.20, No. 21, No. 45, and No. 46 and Resubdivision No. 972, Condition No. 25 be deleted inasmuch as the mitigation measures and condition refer to the proposed haul road. Dr. VanderSloot expressed concerns regarding the proposed traffic signal at Dover Drive and Cliff Drive on the basis that part of the 'nose' of Upper Castaways would be cut away and he questioned if eCastaways m any would o make up for dedicate more open space on the Upp the loss of acreage.He said that a coastal bluff exists on the sho nose' ld of the Upper Castaways facing Dover Drive and the City preserve said bluff as a part of the Coastal Bluff Ordinance. In reference to the Circulation and Open Space Agreement, The Irvine Company proposed to dedicate space on Upper Castaways so as to widen Dover Drive, and he recommended that if the access road would be developed at the traffic signal that it preclude the widening of Dover Drive inasmuch as the road widening would remove the cattail marsh adjacent to Dover Drive. Dr. VanderSloot recommended that the Planning Commission consider the City's wetlands. He supported the resource agencies reco and owed to allow only the marina thatfinger marina excavat s outat the lowerllpart oaf the Castaways. In response to a question posed• by Commissioner Debay, Ms. Temple replied that the City was not directly informed that the foregoing resource agencies recommended that the finger of the marina not be allowed. The 'Department of Fish and Wildlife submitted a general statement regarding the advisability of the ' project indicating there was not time to review the EIR. She stated that if the habitat impact issue is critical, the dredging of the marina basin has greater habitat impacts than the finger of the marina; however, the finger places the slips in closer proximity to Upper Newport Bay. The Planning,Commission recessed-at 11:25 p.m. and reconvened at 11:30 p:m.' -43- 40 N ember 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH taoEx ROLL CALL Mr. Angus Richardson, 20122 Riverside Drive, S tao the appeared before the Planning Commission in support proposed marina;however,he expressed a concern with respect to the'marina's finger into the Bay. Mr. John Curci, 5 Beacon Bay, appeared before the Planning Commission on behalf of the Curci-Turner Company, operators of Lido Yacht Anchorage and Lido Peninsula Marine Center. He addressed the boaters' needs inj Newportxtr Harbor 3,600 ewherein the explained that in actuality there are approximately There is a demand for boat slips ,and the proposed length of the boat slips meets the demand. Mr. David Nu, President of Basin Marine, appeared before the Planning Commission in support of the marina. He addressed the need for additional wider and longer gat could meet theslips in the Harb demand or.The Irvine Company is a strong company without problems to the community- Mr. Rick Ware, 17612 Steel Harbor Lane, Huntington Beach, Biologist, appeared before the Planning Commission on behalf of the applicant. Mr. Ware explained that the dredging of the Castaways Marina project is intended to deepen the areas to allow boats in the slips,and in the process,the tidal habitat and mudflats. Dredging projects tend to have temporary impacts and fish tend to move out of the area during construction; however, when the dredging process is completed the habitat re-colonize quickly. Mr. Ware addressed the halibut nursery habitats wherein he explained that the fishes are from 1 inch long to about 8 inches maximum in the bay; however, as the halibut become older they tend to move out of the shallow habitat of about 3 feet ,deep into the main channels. He described the method that is proposed to mitigate the halibut nursery and to restore Shellmaker Island with the concurrence of California Fish and Game. He said that the intent is to take the upland habitat that is in a relatively non-productive ar ea and return the habitat for halibut and mudflat habitat for shore birds. Mr. Ware discussed the numerous resource agenciessaid s 1991 and s that the applicant has met with�since January, agencies have determined that Shellmaker Island is an acceptable . -44- q q Member 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH INDEX ROLL CALL site to mitigate inasmuch as it enhances the production of fishes in a sub-tidal habitat, and the mudflat shore buds. In response to questions posed by Commissioner e sssionner�Edws,�Edwards, Mr. Ware explained that two temporary impacts n p ate dredging impacts, and when dredging ceases there will be a change in the depth contours. Mr. Ware explained that the long-term wh impacts would be if the marina tenants do not adhere to policies set up by the Governmental agencies and would release oil and diesel fuel into the water. Sea birds forge throughout the lower bay and he discussed the nesting area for the tern, and he said that there is no indication that the project will have an impact on the forging activity or a reduction of food from the presence of the dock. He explained that the tern and brown pelican would move away from the area,but the forging activity will not be impacted or the success of taking fish, and it will not affect the reproduction of the tem. In response to questions posed by Commissioner Debay,Mr.Ware explained that the halibut are distributed from the ocean throughout the Upper Newport Bay to the Jamboree Bridge. Mr. Ware further explained that the dredging that occurred over the past few years had a lasting beneficial impact inasmuch as there is better flushing and the diversity of fishes is greater. Mr.King reappeared before the Planning Commission in response to comments during the public hearing. He explained that , Shellmaker Island was developed on a mudflat for commercial use and the proposal is to restore the area to a mudflat. Mr. King addressed the dredging that consistently occurs throughout Newport Harbor and the Upper Bay; the revenues from County Tidelands fees that benefit water-oriented projects; the County of Orange adheres to Ordinance 2200, approved in 1968, and accepts the pierhead and bulkhead lines as the official lines for the County and for the bay; the proposed channel would guarantee a permanent 200 foot wide channel with a 20,foot wide setback that would be available for water oriented uses;the tidal flow and construction of the pier in the channel; the crib wall that would prevent erosion and would allow an opportunity for developing a landscaped slope; and a beach would be available to the public. =45- �0 -: MINUTES .•• �emb0r 21, 1991 i COMMISSIONERS EnCQ d'•��p CITY OF NEWPORT BEACH INDEX ROLL CALL There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Glover considered the proposed marina 10 ould have floated ears into the future, purchased she asshe Upper Cast►awaysYand/or it would be a bond and purchased the Upp developed and,a portion of the area would have been given as open space by (Phe Irvine Company. The additional slips would impede the public's ability to use the Upper Castaways in the future inasmuch as it would have an impact on the view of the * channel. Motion was made to approve the 84 boat slips alternative, Motion Environmental Impact Report No. 138, Amendment No. 743 (Resolution No. 1278),Traffic Study No.8%and Resubdivision No. 972, "A subject to the findings and conditions in Exhibit ". To approve 84 boAt slips, it would be necessary to amend the Planned Community text to reflect the 84 boat option, and to amend mitigation measures that refer to 121 slips; add EIR No. 138, Mitigation Measure No. 70, as PfOPosed by Mr. Webb regarding the request to revise the marina slip design to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge; delete EIR No.'138 Mitigation Measures 19, 20, 21, 45, and 46, and Resubdivision No. 972, Condition No. 25, relating to the haul route. Commissioned Pomeroy referred to the previous marina that was located on the site, and the adjacent marinas. The population increase in Orange County exceeded the ability to use boating facilities duri g the past 10 years, and the proposed marina is an appropriate use,for the site. The EIR allows mitigation measures greater than the loss within the area. He did not oppose the request to develop 121 boat slips; however, he supported the boat slip marina inasmuch as it would not jet intothe bay and i8 would bea more attractive alternative for the City. Commissioner Edwards supported the concept of the marina in the area; however, he expressed his concern with respect to the finger that extends into the channel,and he indicated that the 84 boat slip would eliminate that concern. He stated that the short term impacts would be far less g damagi than the long term impacts on -46- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH lNOEX ROLL CALL the basis that the reports indicate that the magnitude of long term operational impacts from the 84 alternative boat slip on water quality,traffic,harbor,circulation,air quality,noise,public services, and utilities would be substantially less than the proposed project of 121 boat slips. Commissioner Merrill expressed his concern regarding taking away property rights wherein he supported the request to develop 121 boat slips. He explained that subsequent hearings will determine the potential damage to the bay, ecology, etc. Commissioner Debay compared the impacts of 84 boats slips and 121 boat slips, and she indicated that the marina would be a low intensity land use. She supported the 121 boat slips inasmuch as it is feasible the subsequent agencies would reduce the project to 84 slips if it was determined that habitat impacts would be reduced. Chairman Di Sano supported 121 boat slips wherein he stated that the land use would be appropriate use to develop a marina. He stated that the Planning Commission does not have the resources to review every one of the potential species that may be damaged permanently or temporarily.He addressed the foregoing testimony regarding concerns of the habitat in Upper Newport Bay, and he indicated that the lower bay provides an opportunity for the public to enjoy Newport Bay to the ocean. Chairman Di Sano stated that if the Commission approved the marina to 84 boat slips that subsequent hearings could reduce the marina to fewer boat slips, and on that basis he approved the 121 boat slips. Substitute ubstitute motion was made to approve 121 boat slips, Motion * nvironmental Impact Report No. 138, adding Mitigation Measure o. 70, deleting Nos. 19, 20, 21, 45 and 46; Amendment No. 743 Resolution No. 1278); Traffic Study No. 80; Resubdivision No. 72, deleting Condition No. 25. ommissioner Pomeroy stated that in principle he does not object 0 121 slips, and on the basis that subsequent agencies will reduce e number of slips, he supported the substitute motion. -47- � V - MINUTES COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH INDEX ROLL CALL Commissioner Edwards indicated that the Planning Commission is starting out with the concept that it is assumed that the project would be reduced, and he stated that the basis is not good planning. Ayes * * * Substitute motion was voted on as stated. SUBSTITUTE Noes * * MOTION CARRIED. Absent A. Environmental Impact Report No 138 n in i 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance except in the areas of construction noise and marine biological resources, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. That in order to reduce the environmental effects as much as possible, the two design alternates identified as environmentally superior have been adopted in lieu of the proposed project. These two alternatives will alter the design of the project to reduce the number of marina slips to 121 in order to minimize impacts to halibut"young of the year habitat, and to align the site access point to a signalized intersection at Cliff Drive. -45- 3 � MINUTES COMMISSIONERS November 21, 1991 i CITY OF NEWPORT BEACH INDEX ROLL CALL 5. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Miti¢ati21 Measure'. Xtri 1. lighting shall be approvedrior to issuance of a lby he Planning d Public Works departments. 2. Prior to issuance of a grading permit, a landscape and irrigation plan shall be prepared by a licensed landscape architect. This plan shall be approved by the directors of the Planning, Public Works and Parks, Beaches and Recreation departments. Prior to issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning departments. The application for a grading permit is to be accompanied by the grading plan and specifications, and supporting data consisting of soil engineering and engineering geology reports or other reports required by the building official. 4. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001-7019)and the Building Department's General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize impacts of haul operations. 6. An erosion, siltation, and dust control plan shall be submitted and be subject to the approval of the Building Department (prior to approval of the grading permit). A -49- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL copy shall be forwarded to the California Environmental Protection Agency/Regional Water Quality Control Board, Santa Ana Region. 7. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the"Approved as Built"grading plans shall be furnished to the 'Building Department prior to issuance of building permits. 8. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for onsite improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 9. No vessel discharges are allowed within Newport Bay. 10. A landscape plan, prepared by a licensed landscape architect,shall be submitted for approval by the directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. 11. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. 12. Prior to issuance of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought-resistant native vegetation -s0- 55 • • COMMISSIONERS November 21, 1991 MINUTES 0 CITY OF NEWPO.RT BEACH INDEX ROLL CALL and be irrigated via a system designed to avoid surface runoff and over-watering. 13. A qualified archaeologist shall be present during pre-grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered,the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 13. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and/or developer. 14. A paleontological monitor shall be retained by the landowner and/or developer to attend pre-grade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 15. Prior to issuance of any grading permits, the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 16. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • Between the hours of 7:00 a.m. and 6:30 p.m. on any weekday • Between the hours of 8:00 a.m. and 6:00 p.m. -51- i� ri• � MINUTES COMMISSIONERS November21, 1991 A'�CEO G °�•dcA,�9 CITY OF NEWPORT BEACH _. INDEX ROLL CALL on Saturdays • Prohibited on Sundays and holidays 17. The following Fire Department standards/requirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet--no parking allowed b. 26 feet + car width-- parking one side (parallel) C. 26 feet + 2 car widths-- parking two sides (parallel) 2. Turning Radius a. Cul-de-sac Minimum 40-foot radius Minimum 42-foot radius if center is planted b. Corners Minimum 15-foot radius 3. Height Clearance a. Minimum overhead--13 feet 6 inches b. Building eaves, trees, etc., are prohibited 4. Roadway Width with Access Control (Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted, whichever requires the greatest width -52- h • MINUTES COMMISSIONERS' November21, 1991 cr�o`PA�� /- ✓• CITY OF NEWPORT BEACH' lNoEx• � ROLL CALL ' B. Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be speed on site plans (basically at or near the cul-de-sac turnaround areas) C. Marine Fire Protection 1. Standpipe and hose cabinet requirement a. Pier or floats under 500 feet in length Class II standpipe with hose cabinets I arranged to provide protection to any portions of floats or floating vessels b, Pier or floats over 500 feet in length i Class III standpipe with 2-1/2-inch hose outlets for fire department use and hose cabinets arranged so that all portions of floats and floating vessels are protected 2. Required Water Supplies a. Class II standpipe 10o GPM at a residual pressure of 65 P.S.I, at the most remote cabinet b. Class III standpipe Same as Class II except that Supply piping must be able to deliver 500 gpm to the 2-1/2-inch hose valves -53- h • MINUTES COMMISS.IONEgRS November 21, 1991 0'��O���O� O� OcA`Yf• , CITY OF NEWPORT BEACH INDEX ROLL CALL 3. Extinguishers a. One 2A 20 BC located in each hose cabinet 4. Transmittal of Fire Emergency a, A means of rapidly notifying the fire department in the event of an emergency (telephones used for this purpose shall not require the use of a coin) 18. In the event that hazardous materials/wastes are encountered during development of the site, these materials/wastes shall be handled and disposed of in able federal, state, and local accordance with all applic regulations. ;l9. Deleted. 20. Deleted. 21. - eleted. 22. The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. 23., To maintain project depths within the boat basin, dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and ACOE. To minimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks within the channel. , Y ' I -54- L COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 25. To reduce the extent and effects of increased turbidity, the applicant shall require the dredging contractor to use filter curtains around'dredging operations, when feasible. 26. When feasible, the dump scow shall be loaded only during ebb tide conditions so suspended material will be flushed seaward and not into Upper Newport Bay. 27. Prior to, and upon the completion of, the dredging operation, soundings shall be taken at each barge marshalling area and the, data supplied to the City of Newport Beach Public Works Department to ascertain the need for dredging to return the area to predredging conditions. Such ,dredging will be the responsibility of the project applicant, 28. Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S.Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality Control Board. 29. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 30. Suspended soils (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 31. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 32. Prior to demolition of existing bulkhead structure, a complete plan for litter and debris control for the -55- b0 ` COMMISSIONERS • ovember 21, 1991 CITY OF NEWPORT BEACH INDEX ROLL CALL demolition, grading, and construction phases to ensure debris is not permitted to enter Newport Bay shall be approved by the Directors of the Planning and Marine departments. 33. Water extracted from dewatering wells and drained from bay materials shall meet current U.S. Environmental Protection Agency requirements prior to discharging into the bay. If necessary, the water shall be desilted prior to discharge. 34. The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit U.S. Army Corps of Engineers. 35. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes,antifouling paint use, and refuse management (including handling of hazardous wastes)as a part of lease.materials. 36. For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. 37. The applicant shall provide for periodic maintenance of the sanitary pumpout station to ensure its continuous operation. 38. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. 39. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. -56- 61 1 COMMISSIONERS • November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 40. In accordance with ACOE requirements, the loss of 0.69 acre of mudflat habitat shall be mitigated by the in-kind replacement of mudflat habitat at a replacement ratio of 1.5:1 and at an ACOE-approved site, preferably in Upper Newport Bay. This habitat shall be replaced prior to any project-related dredging of the channel. Mudflat will be created at depths between -1.5 and +2.5 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the following elements. 1. Pre-construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre-construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post-Construction Monitoring Program. A 5-year monitoring program will be designed that includes both construction and post-construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly during the first year following the creation of the mudflat area; and annually for the remaining 4 years. The purpose of these survey's will be to measure the success of the mitigation project, comparing the shorebird diversity of the newly created mudflats with existing mudflats nearby. The results of each survey will be presented in a post- survey report prepare for the City of Newport Beach and responsible agencies. -57- COMMISSIONERS November 219 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 4. Option for Remedial Measures. If the newly created mudflat does not meet pre-determined criteria, then remedial actions, including a second mudflat restoration attempt in another area, will be undertaken. Specific remedial measures will be determined upon consultation with responsible resource agencies. 41. In accordance with ACOE requirements, the loss of subtidal halibut (nursery area shall be mitigated by the in-kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1, at depths between 1.5 and 3.21 feet below MLLW. This habitat shall be restored at an ACOE- approved site, preferably in Upper Newport Bay, prior to project-related dredging. A conceptual mitigation program shall be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the following elements. 1. Pre-Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre-Construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Construction and Post-Construction Monitoring Program. A 5-year monitoring program will be designed that includes both pre-construction and post-construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction;quarterly for the first year following the -58- b3 COMMISSIONERS November 21, 1991 MINUTES 0 CITY OF NEWPORT BEACH INDEX ROLL- CALL creation of the subtidal habitat; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project and compare the use of the newly created habitat by halibut with other areas in the Upper Bay. The results of each survey will be presented in post- survey monitoring reports prepared for the City of Newport Beach and responsible agencies. 4. Options for Remedial Measures. If the newly created subtidal habitat does not meet pre- determined criteria, then remedial actions, including a second restoration attempt in another area,will be undertaken. However, specific remedial measures will be determined upon consultation with responsible resource agencies. 42. To avoid potential misuse of smaller recreational vessels in the Upper Bay and to reduce potential impacts on wildlife, Castaways Manna tenants shall, as part of their leases, be provided with educational materials regarding local and federal boating regulations and the importance of reducing disturbances to the wildlife of the Upper Bay. 43. All appropriate BMPs shall be used to prohibit erosion and runoff during construction and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegetation immediately after construction ceases and placement of runoff-retaining barriers. 44. Dredging and construction activity will- be terminated between April 1 and September 30, the breeding season of California least terns, to minimize adverse impacts on their foraging habitat due to increased turbidity. 45.' Deleted. -59- b COMMISSIONERS • •November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 46. The areas affected by construction shall be limited to the project site and proposed haul road; no material shall be deposited in the cattail marsh or coastal sage scrub habitats. 47. The landscape plan shall be altered to eliminate the use of periwinkle ground cover. , 48. Prior to issuance of a grading permit by the city, the applicant shall present a traffic management program to manage construction-related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include any requirements of the City of Newport Beach Police and Public Works Departments. 49. Prior to issuance of a grading permit by the city, the applicant shall coordinate with Caltrans, Orange County, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard,Bonita Canyon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak traffic periods. 50. Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill (assuming this disposal method is selected), haul trucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. 51. The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection. This signal shall be designed and m using Cliff Drive, to eb ass traffic from g timed to discourage bypass the extent possible. -60- 6y • November 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH I NDEX ROLL CALL 52. During the dredging and ocean diperations, a guideboat, or a lookout on the barge be used and equipped with a megaphone and 2-wto minimizepotential accidents. 53. Prior to issuance of the dredging perntractor willmeet with the ferry operator to d acceptablecommunications system, and shall the City ofNewport Beach with verification of sang. 54. Prior to the issuance of a dredging permit, the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard, and shall receive approval of the plan from said agencies. In addition, the contractor shall provide evidence to the City of Newport Beach that said plan has been approved and that the Notice to Mariners has been issued by the U.S. Coast Guard. 55. Dredging operations shall be limited to non-holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from approximately December 15 through January I). In addition, said activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. for acceptable weekdays. 56. The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline-powered equipment. C. Implement engine.timing retard. d. Utilize electrical or gasoline-powered instead of diesel-powered equipment whenever possible. -61- 6 COMMISSIONERS • November 219 1991 MINUTES CITY OF NEWPORT BEACH Tfor "EX ROLL CALL 57. The applicant shall implement suppression mforfugitive dust. Measures shall include wet iontechniques for dry ground soil, immediate repandirrigation of landscaped areas, coverage requiforloaded trucks, and onsite vehicle speed limits ph.These measures, as well as others deemed necetheCity of Newport Beach, shall be incorporated aonsof preventing offsite fugitive dust nuisances, asd in the SCAQMD Rule 403. 58. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). 59. On Saturdays,pile driving activity shall be further limited to the hours of 8:30 a.m. to 6:00 p.m. 60. The project proponent shall consult with the City of Newport Beach Water Department to ensure fire flows of 3,000 gpm for the project. 61. Access dimensions shall be consistent with City of Newport Beach standards. 62. Fire protection requirements shall be consistent with the Uniform Building Code and the Uniform Fire Code. 63. Prior to the City's issuance of an occupancy permit, the applicant shall verify that the Newport Beach Fire and Police departments,and the Orange County Sheriffs Harbor patrol are provided with keys to all locked facilities/areas within the site. 64. Low-flow bathroom fixtures shall be used in the bathroom/storage buildings on the site. 65. The approved landscape palette shall include drought- tolerant plant materials. -62- b� ` November 21, 1991 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH Tand ROLL CALL. 66. The project shall be designed to avoid disturb existing onsite 30-inch water main, or if this achieved, design for the proposed project sh provisions for the relocation of the water accordance with City of Newport Beach require 67. A conduit system will be required for cable plac shall be provided by the project proponent. 68. The City shall conduct a baseline traffic study on Cliff Drive, prior to installation of the traffic signal at Dover Drive/Cliff Drive. The City shall monitor traffic along Cliff Drive, and,if a significant amount of traffic results, the City will install new traffic control devices, such as stop signs, to make Cliff Drive less attractive to use than Coast Highway. 69. The landscape plan for the project will be modified to incorporate landscaping along the cribwall, and will be reviewed and approved by the City of Newport Beach prior to issuance of the grading permit. 70. Revise the marina slip design, if necessary, to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge. The plan shall be submitted to the Public Works Department for review and approval prior to the issuance of a grading or dredging permit. B. Amendment No 743, Adopt Resolution No. 1278, recommending adoption of Amendment No. 743 as modified to the City Council. C. Traffic Study No 80. Findings; 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and -63- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-i. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary-modified, or primary street. I D Resubdivision No. 972, Findines: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map as modified meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. Condition& 1. That the applicant redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection as shown in the EIR as an alternative Site Access Road (Exhibit 6-7). -64- 0 COMMISSIONERS tinber 21, 1991 MINUTES CITY OF NEWPORT BEACH • INDEX ROLL CALL 2. That the boundary of the proposed parcel map be revised to reflect the revised access point via the Dover Drive/Cliff Drive intersection and that a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set On Each Lot orner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements b6 constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 5. That the design of the private access drive conform with the City's Private Street Policy(IA), except as approved by the Public Works Department. The Basic drive width shall be 26' (no parking) or 32' (parking one side). The location, width and configuration of the private drive shall be subject to further review and approval of the Traffic Engineer. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. ivate access road and Dover 6 That the intersection of the Drive be designed to provide rsight distance fora speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, -65- 10 &ember 21, 1991 COMMISSIONERS """" CITY OF NEWPORT BEACH INDEX ROLL CALL subject to approval of the Traffic Engineer. In order to provide sight distance northerly of the intersection, the existing slope will have to be laid back. 7. That a bicycle connection be made at the intersection of Dover Drive and Cliff Drive to provide a connection between the on-street bicycle trail and the bluff bicycle trail along the upper Castaway site. The design of the connection shall be reviewed and approved by the Public Works Department. 8. That a pedestrian easement be dedicated to the public along the bay adjacent the bulkheads and the proposed wood pier with an access easement!from Dover Drive. That a pedestrian easement be dedicated to the public from the northerly vehicle turn-around to the shoreline of the Upper Castaway site. That the pedestrian easements be improved with an all weather surface as approved by the Public Works Department and that a stairway be constructed from the northerly turn-around to the shoreline of the Upper Castaway site to the Lower Castaway site adjacent to the bayfront be provided. The bluff and that access to the design of the stairway shall be approved by the Public Works Department. The pedestrian easements shall be 10' wide where applicable or as otherwise approved by the Public Works Department. 9. That the 39' water line be accurately located prior to the commencement of grading and construction and that a 20 foot wide water line easement be dedicated with the water line in the center of the easement. That the proposed project be designed so that it does not disturb the existing 30-inch water main, or if this cannot be achieved, the project design must include provisions for relocating the water main and providing an appropriate easement in accordance with City requirements. Structural encroachments and trees will not be permitted over the water main. -66- 7� COMMISSIONERS •vember 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 10. That the control gates at the entrance be designed to provide a turnaround prior to the gates. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. That excess parking for the site shall be located outside the control gates for public parking unless otherwise approved by the Public Works Department. 11. That easements for public emergency and security ingress, egress and public utility purposes on the access drive and parking lot be dedicated to!the City as required and that all easements be shown on the parcel maps. That a storm drain easement be provided across the Lower Castaway site to serve the Upper Castaway site for future storm drain construction with the location and width to be approved by the Public Works Department. 12. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 13. That all vehicular access rights to West Coast Highway and Dover Drive except for one access opposite Cliff Drive be released and relinquished to the City of Newport Beach. 14. That a traffic signal be designed and constructed by the developer at the intersection of Dover Drive and Cliff Drive prior to opening of the facility and that the developer pay 50910 of the design and construction costs. 15. That street,drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. Existing on-site drainage facilities shall be improved to the satisfaction of the Public Works Department. A hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water,sewer and storm drain facilities for the -67- I • MINUTES COMMISSIONERS November 21, 1991 o0 CITY OF NEWPORT BEACH INDEX ROLL CALL on-site improvements prior to issuance of any grading permits, building permits or recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 17. That a new storm drain be constructed to the bay to serve the site as the existing City storm drain does not have adequate capacity. 18. That the water system for the development be a looped system.A minimum of two,(2) on-site fire hydrants shall be provided at locations to be approved by the Fire Department. Fire flow for the project shall be a minimum of 3,000 gpm. 19. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 20. That County Sanitation District fees be paid prior to issuance of any building permits. 21. That any Edison transformer and water system detector check valves serving the site be located outside the sight distance planes as described in City Standard 110-L. 22. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. -68- �3 COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction-related traffic access to the project site and to ensure safe turning movements onto Dover Drive. Such a plan shall describe the use of signage and flag people and include any requirements of the Police Department and the Public Works Department. There shall be no construction storage or delivery of materials within the state right-of-way or construction storage of materials within the Dover Drive right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. Trucks used for hauling the Dredged material must be clean from falling debris prior to entering public streets. The last 100' of haul road adjacent to 16th Street shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires, unless an alternate plan is approved by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. 1 24. That the new bulkheads s4all be constructed to a minimum elevation of.9.00 M.L.L.W. (6.27 MSL). 25. Deleted. 26. That the Public Works Department plan check and inspection fee be paid. sss -69- nttacnment D Planning Commission Meeting November 21, 1991 Agenda Item No. 6 CITY OF NEWPORT BEACH TO; Planning Commission FROM: Planning Department SUBJECT; A. Amendment No 743 (Continued Public Hearing) Request to establish Planned Community District regulations and adopt a Planned Community Development Plan for Castaways Marina; and the acceptance of an environmental document. AND B. Traffic Study No 80 (Continued Public Hearingl Request to approve a traffic s*dy so as to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. AND C. Resubdivision No 972 (Continued Public Hearing) Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of Lot 1,Tract No. 1,125,located at 300 Dover Drive,on the northeasterly corner of Dover`;Drive and West Coast Highway on the Castaways property. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER/ SURVEYOR: Dulin and Boynton Surveyors, Signal Hill y TO: Pl g Commission - 2. AgRli tca ions If approved, the applications requested would authorize the construction of a 125 slip commercial marina on the Lower Castaways site. In addition to marina slips, the project would include support facilities including parking,a rest room/shower building,public access and a public viewing area. An amendment is required to adopt Planned Community District Regulations and a Development Plan. A Traffic Study is required of any commercial development which will generate 130 daily trips or more. A Parcel Map is required to establish a separate building site for the construction of the proposed marina. Section 2051.035 of the Code sets forth the application procedures for a P-C,and Section 2051.040 describes the required components of the P-C Development Plan. Traffic Study procedures are set forth in Chapter 15.40 of the Municipal Code, and the procedures for Resubdivision are contained in Chapter 19.12.040 of the Code. A Word Abont the Plannin¢ Commission Consideration of this Proieet This project is rather unique for the Planning Commission in that marina projects are usually not subject to its consideration. In this particular case, a marina basin is proposed to be created from existing upland which carries a PC zoning designation and is, therefore, subject to provisions of Title 20 of the Municipal Code. The tidelands affected by this proposal are under the jurisdiction of the County of Orange and will be subject to the review of the County Harbors, Beaches and Parks Department as well as a Harbor Permit approved by the City Council of the City of Newport Beach. The Commission is likely to receive considerable testimony regarding resource related issues. In reviewing the Environmental Impact Report,the Commission was probably aware that much of the analysis and discussion surrounded habitat and water quality issues in Newport Bay. Concerns regarding these impacts are appropriate for the Commission to consider in the evaluation of this project. If based upon the impacts, a marina is deemed an inappropriate use of the site, the project should be denied. However, as noted below, the City of Newport Beach is not the agency with the primary concern or expertise in resource related issues. The project is also subject to the approval of the California Coastal Commission, the California Regional Water Quality Control Board and the U.S. Army Corps of Engineers. The Corps review and permit process will involve the Environmental Protection Agency and the U.S. Fish and Wildlife Service. The habitat mitigation program will also require the involvement of the Coastal Commission, the California Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and Regional Water Quality. Ultimately, these agencies with specific expertise in resources will determine whether the dredging and disposal permits will be issued and whether the habitat mitigation proposed is adequate to offset the environmental consequences of the development. This determination is not the jurisdiction of the City of Newport Beach, and the City (and its staff) does not have the technical expertise to advise the Commission or render judgements on the adequacy of the proposed mitigation concept or the location for the habitat �6 TO: Planning Commission - 3. restoration. It should be noted that if the applicant is,unable to secure the necessary dredging and disposal permits, the projeta cannot go forward, and the property owner will need to reconsider the use of the prope - EnArnnmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Environmental Impact Report has been prepared for the.proposed project. Environmental issues evaluated in the EIR are Land Uses and Land Use Plans, Earth Resources, Hydrology/Sedimentation, Water Quality, Marine Biological Resources, Terrestrial Biological Resources, Cultural and Scientific Resources,Traffic/Circulation,Harbor Circulation, Air Quality,Noise,Public Services and Utilities and Cumulative Impacts. Based upon the information contained in the EIR, it has been determined that the proposed project, as mitigated,will not create a significant impact .on the environment, except in the area of construction noise. Based on the Comments received on the Draft EIR, it will also be determined that the project as mitigated will not reduce the impacts on marine biological resources below a level of significance. This is due to the comment by the U.S. Fish and Wildlife Service that any loss of existing habitat, regardless of the size or success of the mitigation, is significant. The construction of the Castaways Marina Project will also result in cumulatively significant impacts in the areas of Water Quality and Air Quality. The alternatives analysis in the EIR identifies two design options which are considered to be feasible and environmentally superior. These design changes will relocate the site access point to a signalized intersection at Cliff Drive; and eliminate four slips and alter the angle of the finger of slips adjacent to Upper Castaways to reduce impacts to mudflat and halibut "young of the year"habitats. Should the Commission desire to recommend approval of the project to the City Council, the approval findings and conditions prepared by staff incorporate these changes since the applicant has indicated that the changes are acceptable. Included in the Commission's material on this item is the Comment and Response document which forms the most important component of the Final EIR to be forwarded to the City Council for certification. Within that document the Commission will find much additional information regarding the habitat mitigation plan and tidelands use issues,such as the status of the harbor lines and the jurisdictions of the County of Orange and the State Lands Commission, which may be the topic of public testimony. Conformance with the General Plan and the Local Coastal Programs Land Use Plan Both the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site Recreational and Marine Commercial. The site is allowed 40,000 sgft. The development proposed is within these limitations and is,therefore,consistent with the use provisions ns of the General Plan and Local,Coastal Program. 11 TO: Planiung Commission - 4. Subject ProRmW and Surrounding Land Uses The subject property is currently vacant. Prior to the realignment and reconstruction of the Coast Highway bridge, the site was occupied by a mobile home park and support facilities for a commercial marina. To the north of the site is the vacant Upper Castaways site. To the west, across Dover Drive, is the Cliff Haven residential area and strip commercial uses along Coast Highway. To the south, across Coast Highway, is the Anchorage Apartment complex and marina uses. To the east, across the channel, are boat repair and storage, marina and mobile home uses. Project Statistics 125 marina slips are proposed,with 52 forty-five foot slips, 39 forty-two foot slips, 19 thirty- eight foot slips, and 8 thirty-five foot slips. 106 parking spaces are provided, which equals 0.88 parking spaces per slip. City harbor permit policies require at least 0.75 parking spaces per slip. Analysis Amendment No.743. The Planned Community Text prepared for the Project by The Irvine Company addresses the entire Castaways site. This text was prepared and submitted prior to the commencement of consideration of the Circulation Improvement and Open Space Agreement currently in environmental review. One of the sites included in this agreement is the Upper Castaways. Therefore, it is the opinion of staff that this PC Text should be separated from Upper Castaways in order to eliminate any controversies which may be associated with the Upper Castaways project. Should the Commission recommend approval of the project to the City Council,the following changes to the draft P-C Text are suggested. Additionally,the Statistical Analysis and Permitted Uses sections have been revised to allow only 121 Slips and the development plan to be adopted will be the 121 slips alternative illustrated on Exhibit 6-1 of the EIR. 1. The introduction on Page 1 revised to delate the reference to residential develop- ment. 2. The Land Use Plan Map revised to illustrate the marina parcel only as Area 1. 3. The Statistical Analysis on Page 3 revised to include only the marina area and allocation. The development would also be;limited to 121 slips. 4. Delete General Notes Nos. 1, 2, 10, 11, 12 and 17. 5. Delete Definition 1 on Page 6. 6. Delete Section IV on Page 7. TO: Plam g Commission - 5. 7. Revise Section A on Page 8 to refer to Area 1 and 121 slips. 8. Revise Section C.1. to 121 slips. 9. Revise Section C.2.to 26 feet. 10. Revise Section C.3. to establish setbacks of 35 feet from Coast Highway and Dover Drive. Marna Design, Questions have been raised regarding the propriety of the marina design with the single finger of slips running up along the Upper Castaways site. This review is the jurisdiction of the City Council and the County of Orange since this is in the County tidelands area. However, the City's harbor permit policies would allow a similar configura- tion,and there are existing examples of commercial marinas which extend beyond the limits of the upland property. A direct relationship between the upland owner and tideland use exists when the slips are attached to the property and the upland is zoned for residential development. The current proposal for the Upper Castaways site shows the portion of the site adjacent to the marina area for open space/park use. Traffic Study No 80 A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and Council Policy S-1. The study prepared assessed the impact of the proposed project as well as the alternative site access design project. The results of the study were the same for both design alternatives. The proposed project is expected to be completed in 1992. Analyses were, therefore, completed for 1993. The City Traffic Engineer identified five (5) intersections which could be affected by the project at full occupancy. The first step in evaluating intersections is to conduct a 1% traffic volume analysis, taking into consideration existing traffic,regional growth, and committed projects' traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than 1% of the projected peak 21iz hour volume in either the morning or afternoon, Intersection Capacity Utilization (ICU) is required. The 1%volume analysis identified no intersections where traffic exceeded the one percent criteria, in the morning or afternoon peak hour. The project therefore meets the criteria of the Traffic Phasing Ordinance. Resubdivision No.'072 The project includes a request to subdivide an existing parcel of land into a single lot for a commercial-marina development. Adoption of the alternate site access design will require 1� TO: PlaiuGng Commission - 6. several modifications to the map filed, and conditions of approval have been prepared by the Public Works Department which will implement the alternate site access design. Public Works and Planning Department staff have reviewed the proposed subdivision, and have no objections to the request,subject to the alteration of the access point and provision of public access as described below. Conditions of approval have been drafted which would implement these proposed changes. Alternate Site Access. The parcel map submitted proposes the site access point at the northerly edge of the parcel on Dover Drive. This access would be limited to a right turn in and right turn out limitation due to the proximity to Coast Highway, the location of the center median and the length of the left turn pocket on southbound Dover Drive. During the environmental review process, the public works department identified an alternate means of providing ingress/egress to the site by creating a service road parallel to Dover Drive to an intersection with Cliff Drive. This access point would then be signalized because traffic signal warrants for Cliff Drive at Dover have been met for many years. Absent this alternate site access,vehicles exiting the site which wish to proceed eastbound on Coast Highway would be forced to cross the northbound Dover travel lanes to the Cliff Drive left turn pocket and make a U-turn to southbound Dover and eastbound Coast Highway. Similarly, a vehicle entering the site from the north would be likely to proceed south on Dover across Coast Highway and make a U-turn in the Bayshores entry plaza. Neither of these situations is desirable. In considering the EIR for the project, the Cliff Haven Association sent a response to the City indicating what would be necessary for that association to be comfortable with the installation of a new signal at this location. These are addressed individually in the Comments and Responses attachment. It is the opinion of staff that most of these requests are unrelated to the Marina project, and should be pursued independently from this action. Staff has incorporated a mitigation measure which,will require the City to monitor traffic in the Cliff Haven area before and after the installation of the traffic signal to determine if it results in diversion of traffic through neighborhood streets. If a change is experienced, the City will install traffic control devices such as speed bumps to discourage this diversion traffic. Public Access. Staff has included among the proposed conditions for approval a set of access around the marina basin, • public accessuirements. These include pedestrian requirements.9 access from the marina to the shoreline of the Upper Castaways site, and access from the Cliff Drive signal area to the Upper Castaways area. Additionally, the parking provided in excess of the 0.75 per slip required by the City will be accessible to the general public and not inside the parking lot gates. TO: Planning Commission - 7. SMit:c Findings and Conclusion Chapter 15AO of the Newport Beach Municipal Code sets forth specific findings which must be made in order to approve a Traffic Study. Section 19.12.020 (D) of the Municipal Code provides that in order to approve a resubdivision, the Planning Commission shall determine that it is satisfied with the plan of subdivision, that the map is in conformity with the requirements of Title 19, all ordinances of the City and all applicable general and specific plans. No specific findings are set forth in the Code for the approval of Planned Community District Regulations and Development Plans. It is the opinion of staff that the project meets all the specified criteria for approval of this project. While no specific findings are set forth in the Code for the approval of an amendment to Planned Community District Regulations and Development Plans, it is the opinion of staff that the proposed changes are consistent with the General Plan, and the additional changes requested by staff will address identified concerns of the surrounding community. Also,the marina proposed for this site is a low intensity land use from a traffic generation and building bulk standpoint. Should the Planning Commission desire to approve the project, Findings and Conditions for Approval are attached as Exhibit "A". If it is the desire of the Commission to deny the project, Findings for Denial are suggested in Exhibit "B". PLANNING DEPARTMENT JAMES,D. HEWICKER, Director By 1 �Patricia I.. Temple Advance Planning Manager Attachments: Exhibit "A" Draft Resolution - Amendment No. 743 Exhibit "B" Vicinity Map Attached Separately for Planning Commission only: Draft Planned Community District Regulations Tentative Parcel Map Final EIR - Comments and Responses PLT\PCOMD\A743SR2 , To: Planning Commission - 8. EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT N0. 138 AMENDMENT NO. 743 TRAFFIC STUDY NO. 80 RESUBDIVISION NO. 972 A. EmAronmental Impact Report No 138 Findings: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act(CEQA),the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance except in the areas of construction noise and marine biological resources, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the.community override the remaining significant environmental effect anticipated as a result of the project. 4. That in order to reduce the environmental effects as much as possible,the two design alternates identified as environmentally superior have been adopted in lieu of the proposed project. These two alternatives will alter the design of the project to reduce the number of marina slips to 121 in order to minimize impacts to halibut "young of the year" habitat, and to align the site access point to a signalized intersection at Cliff Drive. 5. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitieation Meastires: i 1. Prior to issuance of a building pdmut,signage and exterior lighting shall be approved by the Planning and Public Works departments. a i To: Planning Commission - 9. 2. Prior to issuance of a grading permit, a landscape and irrigation plan shall be prepared by a licensed landscape architect. This plan shall be approved by the directors of the Planning, Public Works and Parks, Beaches and Recreation departments. Prior to issuance of an occupancy'permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved.plan. 3: Development of the site shall be subject to a grading permit to be approved by the Building and Planning departments. The application for a grading permit is to be accompanied by the grading plan and specifications, and supporting data consisting of soil engineering and engineering geology reports or other reports required by the building official. 1 4. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70-Excavation and Grading, Sections 7001-7019) and the Building Department's General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize impacts of haul operations. 6. An erosion, siltation, and dust control plan shall be submitted and be subject to the approval of the Building Department (prior to approval of the grading permit). A copy shall be forwarded to the California Environmental Protection Agency/Regional Water Quality Control Board, Santa Ana Region. 7. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of.the "Approved as Built" grading plans shall'be furnished to the Building Department prior to issuance of building permits. 8. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for onsite improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 9. No vessel discharges are allowed within Newport Bay. 10. A landscape plan,prepared by a licensed landscape architect, shall be submitted for approval by the directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. $y To: Planning Commission - 10. 11. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over-watering. 12. Prior to issuance of a grading permit,a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought-resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over- watering. 13. A qualified archaeologist shall be present during pre-grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 1 13. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an • appropriate data recovery program can be developed and implemented. The cost of such a program°shall be the responsibility of the landowner and/or developer. 14. A paleontological monitor shall be retained by the landowner and/or developer to attend pre-grade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 15. Prior to issuance of any grading permits, the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 16. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • Between the hours of 7:00 a.m. and 6:30 p.m. on any weekday • Between the hours of 8:00 am. and 6:00 p.m. on Saturdays • Prohibited on Sundays and holidays g3 Planning Conunisslou - 11. 17. The following Fire Department standards/requirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet—no parking allowed b. 26 feet + car width— parking one side (parallel) C. 26 feet + 2 car widths— parking two sides (parallel) 2. Turning Radius a. Cul-de-sac Minimum 40-foot radius - Minimum 42-foot radius if center is planted b. Comers Minimum 15-foot radius 3. Height Clearance a. Minimum overhead-13 feet 6 inches b. Building eaves, trees, etc., are prohibited 4. Roadway Width with Access Control (Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted, whichever requires the greatest width B. Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be j specified on site plans (basically at or near the cul-de-sac turnaround areas) To; Planning Commission - 12. j C Marine Fire Protection t , I 1. Standpipe and hose cabinet requirement a. Pier or floats under 500 feet in length Class II standpipe with hose cabinets arranged to provide protection to any portions of floats or floating vessels b. Pier or floats over 500 feet in length Class']H standpipe with 2-1/2-inch hose outlets for fire depart- ment use and hose catinets arranged so that all portions of floats and floating vessels are protected i 2. Required Water Supplies I a. Class II standpipe I 100 GPM at a residual pressure of 65 P.S.I. at the most remote cabinet b. Class III standpipe Same as Class II except that supply piping must be able to deliver 500 gpm to the 2-1/2-inch hose valves 3. Extinguishers a. One 2A 20 BC located,in each hose cabinet 4. Transmittal of Fire Emergency a. A means of rapidly notifying the fire department in the event of an emergency (telephones'used for this purpose shall not require the use of a coin) 18. In the event that hazardous materials/wastes are encountered during development of the site, these materials/wastes shall be handled and disposed of in accordance with all applicable federal, state, and local regulations. 19. To mitigate potential short-term impacts to church activities, the project applicant, or its designated representative, shall coordinate/communicate with officials of'the �h . A To: Planning Commission - 13. Newport Harbor Lutheran Church to establish a schedule of haul road preparation and use that will minimize disruption of scheduled church activities. Written evidence of this coordination effort shall be provided to the City of Newport'Beach prior to issuance of the grading permit. 20. To reduce the potential for erosion into the wetlands area on the Upper Castaways site,the applicant shall design the road to drain to the east,and shall provide a swale along the eastern side of the temporary haul road to cant'runoff from the road onto the Lower Castaways site. ' 21. To reduce erosion from the temporary haul road,the road shall be hydroseeded with compatible plant material following the completion of the dredging operation. Plant material to be used shall be selected by a licensed landscape architect and approved by the City of Newport Beach. 22. The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. 23. To maintain project depths within the boat basin, dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and i ACOE. 24. To minimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks within the channel. 25. To reduce the extent and effects of increased turbidity,the applikant shall require the dredging contractor to use filter curtains around dredging operations,when feasible. 26. When feasible, the dump scow shall be loaded only during ebb tide conditions so suspended material will be flushed seaward.and not into Upper Newport Bay. 27. Prior to, and upon the completion of the dredging operation, soundings shall be taken at each barge marshalling area and the data supplied to the City of Newport Beach Public Works Department to ascertain the need for dredging to return the area to predredging conditions. Such dredging will be the responsibility of the project applicant. 28. Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. l A To: Planning Commission - 14. Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality Control Board. 29. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 30. Suspended soils (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 31. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and �o control odors from the dewatering process. 32. Prior to demolition of'existing bulkhead structure, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure debris is not permitted to enter Newport Bay shall be approved by the Directors of the Planning and Marine departments. 33. Water extracted from dewatering wells and drained from bay materials shall meet current U.S.Environmental Protection Agency requirements prior to discharging into the'bay. If necessary, the water shall be desilted prior to discharge. 34. The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S. Army Corps of Engineers. 35. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, antifouling paint use, and refuse management (including handling of hazardous wastes) as a part of lease materials. 36. For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. 37. The applicant shall provide for periodic maintenance of the sanitary pumpout station to ensure its continuous operation. 38. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. C61 i •A . ; To: Planning Commission - 15. 39. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. 40. In accordance with ACOE requirements,the loss of 0.69 acre of mudflat habitat shall be mitigated by the in-kind replacement of mudflat habitat at a replacement ratio of 1.5:1 and at an ACOE-approved site,preferably in Upper Newport Bay. This habitat shall be replaced prior to any project-related dredging of the channel. Mudflat will be created at depths between -1.5 and +2.5 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the following elements. 1. Pre-construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre-construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, .appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post-Construction Monitoring Program. A 5-year monitoring program will be designed that includes both construction and post- construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly during the first year following the creation of the mudflat area; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project, comparing the shorebird diversity of the newly created mudflats with existing mudflats nearby. The results of each survey will be presented in a post-survey report prepared for the City of Newport Beach and responsible agencies. 4. Option for Remedial Measures. If the newly created mudflat does not meet pre-determined criteria, then remedial actions, including a second mudflat restoration attempt in another area,,will be undertaken. Specific remedial measures will be determined upon consultation with responsible resource agencies. 41. In accordance with ALOE requirements, the loss of subtidal halibut nursery area shall be' mitigated by the in-kind .replacement of halibut nursery habitat at a replacement ratio of 1.5:1, at depths between 1.5 and 3.21 feet below MLLW. This s To: Planning Commission - 16. habitat shall be restored at an ACOE-approved site, preferably in Upper Newport Bay, prior to project-related dredging. A conceptual mitigation program shall be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of'Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the following elements. 1. Pre-Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre-Construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Construction and Post-Construction Monitoring Program. A 5-year monitor- ing program will be designed that includes both pre-construction and post- construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction;quarterly for the first year following the creation of the subtidal habitat; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project and compare the use of the newly created habitat by halibut with other areas in the Upper Bay. The results of each survey will be presented in post-survey monitoring reports prepared for the City of Newport Beach and responsible agencies. 4. Options for Remedial Measures. If the newly created subtidal habitat does not meet pre-determined criteria, then remedial actions, including a second restoration attempt in another area, will be undertaken. However, specific remedial measures will be, determined upon consultation with responsible resource agencies. , 42. To avoid potential misuse of smaller recreational vessels in the Upper Bay and to reduce potential impacts on wildlife, Castaways Marina tenants shall, as part of their leases, be provided with educational materials regarding local and federal boating regulations and the importance of reducing disturbances to the wildlife of the Upper Bay. 43. All appropriate BMPs shall be used to prohibit erosion and runoff during construc- tion and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegetation immediately after construction ceases and placement of runoff-retaining barriers. • To: Planning Commission - 17. 44. Dredging and construction activity will be terminated between April 1 and September 30, the breeding season of California least terns, to minimize adverse impacts on their foraging habitat due to increased turbidity. 45. Truck activity on the Upper Castaways site shall be limited to the temporary haul road and, if feasible, shall be curtailed between February and June to minimize adverse impacts on the red-sbouldered hawk nesting and foraging area. 46. The areas affected by construction shall be limited to the project site and proposed haul road; no material shall be deposited in the vattail marsh or coastal sage scrub habitats. i 47. The landscape plan shall be altered to eliminate the use of periwinkle ground cover. 48. Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction-related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include any requirements of the City of Newport Beach Police and Public Works Departments. 49. Prior to issuance of a grading permit by the City,the applicant shall coordinate with Caltrans,Orange County,and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard, Bonita Canyon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak traffic periods. 50. Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill(assuming this disposal method is selected),haul trucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. 51. The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection. Ibis signal shall be designed and timed to discourage bypass traffic from using Cliff Drive, to the extent possible. 52. During the dredging and ocean disposal operations, a guideboat,or a lookout on the barge bow, will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. q0 To: PlOing Commission - 18. 0 53. Prior to issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system,and shall provide the City of Newport Beach with verification of said meeting. 54. Prior to the issuance of a dredging permit, the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard, and shall receive approval of the plan from said agencies. In addition, the contractor shall provide evidence to the City of Newpr,,-t Beach that said plan has been approved and that the Notice to Mariners has been issued by the U.S. Coast Guard. 55. Dredging operations shall be limited to non-holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from approximately December 15 through January 1). In addition,said activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. for acceptable weekdays. 56. The project applicant shall require all applicable contractor; to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline-powered equipment. C. Implement engine timing retard. d. Utilize electrical or gasoline-powered instead of diesel-powered equipmena whenever possible. 57. The applicant shall implement suppression measures for fugitive dust. Measure., shall include wet suppression techniques for dry ground soil, immediate replanting and irrigation of landscaped areas, coverage requirements for loaded trucks, and ofsite vehicle speed limits of 15 mph. These measures, as well as others deemed necessary by the City of Newport Beach, shall be incorporated as conditions of preventing offsite fugitive dust nuisances, as required in the SCAOMD Rule 405. 58. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest dui.%. days with str=,.;g winds (greater than 20 mph). 59. On Saturdays, pile driving activity shall be further limited to the hours of 8:30 a.rr to 6:00 p.m. �t To: Planning Commission - 19. 60. The project proponent shall consult with the City of Newport Beach Water Department to ensure fire flows of 3,000 gpm for the project. 61. Access dimensions shall be consistent with City of Newport Beach standards. 62. Fire protection requirements shall be consistent with the Uniform Building Code and the Uniform Fire Code. 63. Prior to the CiWs issuance of an occupancy permit,the applicant shall verify that the Newport Beach Fire and Police departnipts, and the Orange County Sheriffs Harbor patrol are provided with keys to aii locked facilities/areas within the site. 64. Low-flow bathroom fixtures shall be used in the bathroom/storage buildings on the site. 65. The approved landscape palette shall include drought-tolerant plant materials. 66. The project shall be designed to avoid disturbance of the existing onsite 30-inch water main, or if this cannot be achieved, design for the proposed project shall include provisions for the relocation of the water main in accordance with City of Newport Beach requirements. 67. A'conduit system will be required for cable placement and shall be provided by the project proponent. 68. Th`a City shall conduct a baseline traffic study on Cliff Drive, prior to installation of the traffic signal at Dover Drive/Cliff Drive. The City shall monitor traffic along Cliff Drive, and, if a significant amount of'traffic results, the City will install new traffic control devices, such as stop signs, to make Cliff Drive less attractive to use than Coast Highway. 69. The landscape plan for the project will be modified to incorporate landscaping along the cn'bwall, and will be reviewed and approved by the City of Newport Beach prior to issuance of the grading permit. B Amendment No 743 Adopt Resolution No. ,recommending adoption of Amendment No.743 as modified to the City Council. To: Planning Commission - 20. C. Traffic Study No. A Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary-modified, or primary street. D Resbdivision No. 972. 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map as modified meets the requirements of Title 19 of the Newport Beach Municipal Code,,all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section W15 of the Subdivision Map Act. Conditions: 1. That the applicant redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection as shown in the EIIZ as an alternative Site Access Road (Exhibit 6-7). 2. That the boundary of the proposed parcel map be revised to reflect the revised access point via the Dover Drive/Cliff Drive intersection and that a parcel map be recorded pr ior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. Monuments (one inch To: Planning Commission - 21. iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 5. That the design of the private access drive conform with the Civs Private Street Policy (LA), except as approved by the Public Works Department. The Basic drive width shall be 26 (no parking) or 32' (parlgng one side). The location, width and configuration of the private drive shall be subject to farther review and approval of the Traffic Engineer. That the on-site parking,vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the intersection of the private access road and Dover Drive be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape,walls and other obstructions shall be considered in the sight distance requirements. Landscap- ing within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. In order to provide sight distance northerly of the intersection, the existing slope will have to be laid back. 7. That a bicycle connection be made at the intersection of Dover Drive and Cliff Drive to provide a connection between the on-street bicycle trail and the bluff bicycle trail along the upper Castaway site. The design of the connection shall be reviewed and approved by the Public Works Department. 8. That a pedestrian easement be dedicated tq the public along the bay adjacent the bulkheads and the proposed wood pier with'an access easement from Dover Drive. That a pedestrian easement be dedicated to the public from the northerly vehicle turn-around to the shoreline of the Upper Castaway site. That the pedestrian easements be improved with an all weather surface as approved by the Public Works Department and that a stairway be constructed from the northerly turn-around to the shoreline of the Upper Castaway site to the Lower Castaway site adjacent to the bluff and that access to the bayfront be provided. The design of the stairway shall be approved by the Public Works Department. The pedestrian easements shall be VY wide where applicable or as otherwise approved by the Public Works Depart- went. qq To: Planning Commission - 22. 9. That the 30"water line be accurately located prior to the commencement of grading and construction and that a 20 foot wide water line easement be dedicated with the water line in the center of the easement. That the proposed project be designed so that it does not disturb the existing 30-inch water main, or if this cannot be achieved, the project design must include provisions for relocating the water main and providing an appropriate easement in accordance with City requirements. Structural encroachments and trees will not be permitted over the water main. 10. That the control gates at the entrance be designed to provide a turnaround prior to the gates. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. That excess parking for the site shall be located outside the control gates, for public parking unless otherwise approved by the Public Works Department. 11. That easements for public emergency and security ingress, egress and public utility purposes on the access drive and parking lot be dedicated to the City as required and that all easements be shown on the parcel maps. That a storm drain easement be provided across the Lower Castaway site to serve the Upper Castaway site for future storm drain construction with the location and width to be approved by the Public Works Department. 12. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations,with width to be approved'by the Public Works Department. 13. That all vehicular access rights to West Coast highway and Dover Drive except for one access opposite Cliff Drive be released and relinquished to the City of Newport Beach. 14. That a traffic signal be designed and constructed by the developer at the intersection of Dover Drive and Cliff Drive prior to opening of the facility and that the developer pay 50% of the design and construction costs. 15. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. Existing on-site drainage facilities shall be improved to the satisfaction of the Public Works Department. A hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on-site improvements prior to issuance of any grading permits,building permits or recording of the-parcel map. Any modifications or extensions to the existing storm drain,.water and sewer systems shown to be required by the study shall be the responsibility of the developer. To: Planning Commission - 23. 17. That a new storm drain be constructed to the bay to serve the site as the existing City storm drain does not have adequate capacity. 18. That the water system for the development be a looped system. A minimum of two (2) on-site fire hydrants shall be provided at locations to be approved by the Fire Department. Fire flow for the project shall be a minimum of 3,000 gpm. 19. That prior to issuance''of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 20. That County Sanitation District fees be paid prior to issuance of any building permits. 21. That any Edison transformer and water system detector check valves serving the site be located outside the sight distance planes as described in City Standard 110-L 22. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimised by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction-related traffic access to the project site and to ensure safe turning movements onto Dover Drive. Such a plan shall describe the use of signage and flag,people and include any requirements of the Police Department and the Public Works Department. There shall be no construction storage or delivery of materials within the state right- of-way or construction storage of materials within the Dover Drive right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public,Works Department. Trucks used for hauling the Dredged material must be clean from falling debris prior to entering public streets. The last 100' of haul road adjacent to 16th Street shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires, unless an alternate plan is approved by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. �6 To: Planning Commission - 24. 24. That the new bulkheads shall be constructed to a minimum elevation of 9.00 M.L.L.W. (6.27 MSL). 25. That the temporary haul road be designed to drain to the east away from Dover Drive and that a swale be provided along the easterly side of the haul road to carry runoff from the road onto the Lower Castaways site. Slopes supporting the haul road shall be regraded to insure stability and to protect Dover Drive from sloughing material from the slopes. 26- That the Public Works Department plan check and inspection fee be paid. PLT:.\PCWMD\A743Y&C 24 TO; Punning Commission-25. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMEND- MENT ADOPTING PLANNED COMMUNITY Dimicr REGULATIONS FOR THE IAGAYS MARINA PLANNED COMMUNITY (PI ON AMENDMENT NO.743) WHEREAS,as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared;and WHEREAS,the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach;and WHEREAS, the proposed Planned Community District Regulations are consistent with the Newport Beach General Plan;and WHEREAS, implementation of the project will increase public access and usage of the site consistent with the policies and intent of the Local Coastal Program,Land Use Plan;and WHEREAS,the proposed project meets the criteria of the Traffic Phasing Ordinance;and WHEREAS, an Environmental Impact Report has been prepared for the project consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and the information contained therein has been considered by the Planning Commission in making its recommendation to the City Council. NOW,THEREFORE,BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an amendment adopting Planned Community District Regulations described as Planning Commission Amendment No.743 as shown on Exhibit i attached,and modified as follows: 1. The introduction on Page 1 revised to delate the reference to residential development 7. The Land Use Plan Map revised to illustrate the marina parcel only " as Area 1. g8 Y a TO: Planning Commission-26. 3. The Statistical Analysis on Page 3 revised to include only the marina area and allocation. The development would also be limited to 121 SUPS. 4. Delete General Notes Nos.1,2,10, 11, 12 and 17. S. Delete Definition 1 on Page 6. 6. Delete Section IV on Page 7. 7. Revise Section A on Page 8 to refer to Area 1 and 121 slips. 8. Revise Section C.I.to 121 slips. 9. Revise Section C.2.to 26 feet. 10. Revise Section C3. to establish setbacks of 35 feet from Coast Highway and Dover Drive. ADOPTED this_day of . 1991,by the following vote,to wit: AYES NOES ABSENT BY Gary Di Saw, CHAIRMAN BY Norma Glover, SECRETARY PL7'—MNAhW\A743,PM C� I • " To: Plan! Commission - 27. EXHIBIT FINDINGS FOR DENIAL AMENDMENT NO. 743 TRAFFIC STUDY NO. 80 RESUBDIVISION NO. 972 ENVIRONMENTAL IMPACT REPORT NO. 138 ,eimendment No. 743 Fji►din¢s; 1. That the number of slips proposed is inappropriate for the site in that it requires the extension of the slip area in an elongated configuration along the upper Castaways site. 2. That the construction of the project will have adverse effects on mudflat and.halibut "young of the year" habitats. 3. That approval of this project will preclude tl�e opportunity to develop other marine commercial or visitor serving commercial land uses which could be accommodated by the 40,000 sq.ft. of development allowed by the General Plan Land Use Element. 4. That there are concerns regarding the development plan and the proximity of the development to the Upper Newport Bay Ecological Reserve. u Traffic Studv No. 80. Findine: 1. That a Traffic Study is not necessary for a project which is denied. �,• Reaubdivision No. 972. ' Findines: 1. That the proposed map is not consistent with applicable specific plans in that zoning to allow the land use has not been adopted. 2: That the design or improvement of the proposed subdivision is not consistent with applicable specific plans in that zoning to allow the land use has not been adopted. To: Aung Commission - 28. 3. That the site is not physically suitable for the type of development in that the number of marina slips proposed requires a marina design with slips running northerly into Upper Newport Bay. 4. That the site is not physically suitable for the density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. D. Environmental Impact Report No. 138, Finding: 1. That an environmental document is not necessary for a project which is denied. I PLT.-\PCWM\A743.DEN jpl Wi I AVA \� c AN alu �i.,, �I t��♦♦;�♦�����!,��`��.��''` ��<� ��''" ss. '�'���MEMO`- C � <•�► t � � �� \ �. ��' � .MEMO' �. -i •,,� •+s �-1���!�/I j* \ 'f1it6HMM1111111�1i1111 ,�`r�s {h�� \7 _ Y „-MEMO �� ■■..■ ■ {{ R ck s�.>��,�� a ==c.. R �x '�s 4✓f a�.3 lYw"'S'.r�gt�'k Y<k�/<��Y' •�' ---111 pSr r: � evM��x .�. � � x�tb<�,�'Y �z'��'''7'ti'Ez3� `T�iY•i�/ci��"'>r�; � .�� �� ._ ��33;i£�ri �'•'F `, 7 �f 2aL•Y'"m"y„fs��c�E��Y x�` '^ ".;sv r I =A NOBLE - C O N S U L T A N T S NCI JN 637-02 June 22, 1984 Michael Brandman Associates _. 2530 Red Hill Avenue Santa Ana, CA 92705 ATTN: Leray A. de Wit RE: Castaways Marina Project o ,c, Al Impacts of Recurrence Storms 4" Dear Mr. de Wit: 1.0 INTRODUCTION This letter report presents the results of a study to further review the sedimentation impacts associated with the proposed Castaways Marina. This investigation was conducted in accordance with our letter proposal dated February 24, 1989 . A report titled "Hydraulic Model Study, Castaways Marina" prepared by Noble Consultants Inc. on March 71 1989 addressed an overall assessment of the following impacts: 1) Sedimentation associated with the project; 2) Surface water debris accumulation; and 3) Adverse erosion effects to adjacent areas created as a result of the proposed channel deepening aspect. A review by Mr. John Wolter from the City of Newport Beach indicated that further investigations regarding erosion and sedimentation impacts associated with 25, 50 and 100 year return floods would be of interest. This investigation was therefore requested to provide additional information for the evaluation of environmental impacts of the Castaways Marina Project. Specifically, our scope of service addressed the following items. 1) 'Estimation of the 251 50 and 100 year flood water discharge into upper Newport Bay. 2) Estimation of the 25, 50 and 100 year flood sediment delivery to Upper Newport Bay. Y 3) Estimation of the resultant current velocity and sediment deposition impacts associated with the proposed project due to the above events. 0 100 SHORELINE IIIGIIWAY, SUITE R-386, MILL VALLEY, CA94941.3610 415/331.3944 W 2201 DUPONT DRIVE, SUITE 620, IRVINE, CALIFORNIA 92715-1515 714l752.1530 ��3 Mr. Leray A. de Wit Michael Brandman Associates June 22, 1989 Page 2 2.0 SUMMARY OF PREVIOUS STUDIES Sediment yields from San Diego Creek watershed and its tributaries (San Diego Creek and Peters Canyon Wash) contribute. the majority of sediment deposition in Upper Newport Bay. The volume of sediment delivery depends on the land use within the watershed area. This topic has been the subject of several studies. A research study by Kahr (1972) estimated the transport bed load into Upper Newport Bay to be approximately 11,000 cy/yr. An Einstein sediment transport model was used in his study. The accuracy of the estimation of bed load delivery is strongly dependent on the assumed sediment grain size. The error could be as high as 100% as stated in the author's comments. Mostafa (1978) studied the deposition of sediment in Newport Bay based upon various types of land 'use in the San Diego Creek watershed. It was predicted that as development continues in this area, mean annual sediment yields will decrease from. an estimated 35,000 cy during the period 1972-1982 to 6,000 cy during the years 2012-2022. It was also estimated that the corresponding volume of the 100 year flood sediment yield would be close to 120,000 cy. The most extensive study conducted to estimate fluvial delivery and deposition in Upper Newport Bay was done by Boyle Engineering Corp. (1982) . The results obtained by their material source analyses included on estimation of the sediment delivery contributed by different land use categories within each subbasin. Land uses considered included agricultural, open space, urban and construction activity. Sediment production and delivery rates were estimated for floods of different return periods and on an average annual basis. Analyses were made for existing and ultimate watershed conditions. Ultimate conditions of development assumed the maximum urban use of the San Diego Creek watershed. The results of their hydraulic analysis are presented in Table 1. It was found that the data agreed well with United States Geological Survey (USGS) stream gage measurements. The data also indicates that the more urbanized drainage system will produce higher peak flows. Table 2 tabulates the corresponding fluvial sediment delivery into Upper Newport Bay for various storm recurrences. The table was developed by estimating sediment delivery from the watershed hydrology and material source characteristics. The percentage of the suspended load ranges roq • . Mr. Leray A. de Wit Michael Brandman Associates June 22, 1989 Page 3 from 60% to 80% of the total sediment yield listed in Table 2 . In addition to the above study, a sediment monitoring program has been undertaken by the County of Orange in San Diego Creek since 1985 (County of Orange, 1987, 1988) . The field Program included current measurements at the Pacific Coast Highway bridge and fluvial sediment delivery calculations based upon the collected hydraulic information. Table 3 summaries their recorded water discharge andl rainfall data as well as calculated sediment transport volumes. It is noted that a continuing reduction of sediment delivery has been estimated since 1982. Urbanized development and lower amounts of rainfall are believed to be the primary reasons for this trend. 3.0 STORM CHARACTERISTICS The above studies were reviewed to select hydrological parameters for consideration of sedimentation impacts at the project Castaways Marina. Pertinent items which influenced this review are outlined below. 3.1 Storm Discharge The study by Boyle Engineering Corp. (1982) provided runoff hydrography for 24-hour duration storms using parameters outlined in the Orange County Flood Control District Hydrology Manual. This data is shown in Table 1 for storms having 21 5, 10, 25, 50 and 100 year return periods. Runoff hydrography for 3-hour , duration storms were also determined for 25, 50 and 100 year recurrence. The results for 24-hour duration storms agree well with another independent study by Simons, Li and Associates (County of Orange, 1988) . Based upon a review of the data and previous studies, we have specified fluvial discharge into the Upper Newport Bay using a storm duration of 24 hours and ultimate conditions as described by Boyle Engineering (1982) . The latter criteria was selected as the most representative of a future condition within the San Diego Creek watershed due to the trend in urbanized development. 3.2 Sediment Delivery As described in the previous section, Table 2 presents the estimated sediment supply to Upper Newport Bay for various return storm events under the existing and ultimate watershed I 105 L J � • Mr. Leray A. de Wit Michael Brandman Associates March 29, 1989 Page 4 conditions. The numbers represent a combined bed load and suspended load volume total. The contribution due to bed load was estimated based upon sediment transport capacity associated with each size of sediment particles which characterize the source material. The suspended load passing a given channel section was assumed to be approximately equal to the quantity of fine sediment (clay and silt) generated from the upstream watershed area. Based upon hydraulic data collected on January 41 1987, the County of Orange (1988) calculated a 24-hour storm fluvial delivery into the Upper Newport Bay. The maximum daily water discharge and the resultant sediment yield were 4267 cfs and 4800 cy respectively. This corresponds to an event with a return frequency between 2-years (3280 cfs)! and 10-years (101350 cfs) as computed by Boyle Engineering Corp. (1982) . The calculated sediment yield of 4800 cy is about one half of the sediment yield delivered by a 2-year storm as listed in Table 2 . This suggests that the calculations presented by Boyle Engineering Corp. ( 1982) may be overestimated. However, for purpose of this study and in absence of more rigorous analysis, the sediment yield volumes for the less frequent storm events listed in Table 2 were used to estimate impacts at the Castaways Marina site. The information adapted for this study for the ultimate conditions should therefore be viewed as conservative. 4.0 ESTIMATION OF STORM IMPACTS AT PROJECT SITE 4. 1 Current Velocity Measured current velocity in the navigation channel near the project site under a sevete storm condition is not available at the present time. Laboratory observations by Noble Consultants suggest that the flow pattern near the project site remains unchanged as flow discharge varies. The maximum current velocity run in the laboratory was 1 ft/sec which is equivalent to approximately 7 ft/sec in the prototype. This value is close to the estimated maximum for a 100 year storm condition. Therefore, a linear extrapolation method to estimate the storm current velocity was adapted in this investigation for 25, 50 and 100 year return storm events. The extrapolation was done by relating the estimated storm discharges presented in Table 2 to the measured ebb flow discharges and current velocity collected by the County of Orange (1987) . The results are pre sented in Table 4 . Based upon the findings of the hydraulic model study, the project is not anticipated to be responsible for additional flow . } 0 Mr. Leray A. de Wit Michael Brandman Associates March 29, 1989 Page 5 concentration or velocity increases which would cause adverse erosion effects within the project site area. However, consideration should be given in the design of the proposed floating docks to accommodate potential impact and drag forces caused by higher velocity storm runoff current. 4 .2 Sedimentation The hydraulic model study prepared by Noble Consultants Inc. (1989) described the flow pattern and sediment deposition near the project site and inside the marina basin. Laboratory results indicated that about ten percent of the total suspended load transported through the navigation channel from Upper Newport Bay will be deposited within the inner two-thirds of the mooring basin. The report also suggested that sediment delivery to the marina depends upon the influence width of upstream channel bottom where bed load sediment is the other primary source. The estimated sediment supply into the upper bay for 25, 50 and 100 year return storms are 100,000, 165,000 and 220,000 cy respectively. Based upon the reports by Boyle Engineering Corp. (1982) and the County of orange (19871 1988) more than eighty percent of the fluvial suspended load and the entire bed load resulting from a return storm event are retained in the upper bay basin. The remaining fraction of suspended load which could be delivered to the Castaways Marina basin was estimated from the previously mentioned hydraulic model observations. Table 4 tabulates the calculated results. Based upon the estimated current velocities, bed load deposition during the storm conditions were characterized. Bed load transport was estimated- using a simplified method applicable to estuarine environments (Sternberg, 1972) . The results corresponding to the three storm events are also listed in Table 4. As described in the hydraulic , model report bed load is assumed to concentrate in a narrow bar formation across the mooring basin entrance. 5.0 SUMMARY The Noble report (Noble Consultants Inc- , 1989) predicted deposition of 0.3 feet per year assuming a steady annual accumulation rate and average hydraulic conditions. The results of this investigation indicates that the 25, 50 and 100 year la-7 t ! • I Mr. Leray A. de Wit Michael Brandman Associates March 29, 1989 Page 6 recurrence storms will result in greater deposition of suspended sediment inside the marine basin. It is estimated that the storms will not cause significant increases in bed load transport. The marina is estimated to shoal about 0.6, 1.0 and 1.3 feet as a result of runoff caused by 25, 50 and 100 year storm conditions respectively. These numbers are derived from corresponding values of 0.1, 0.2 4ndl 0.3 feet due to bed load sources and 0.51 0.8 and 1.0 •feet due to suspended load deposition. This completes our analysis of the sedimentation and current velocity impacts associated with Tess frequent storm events. Please contact us should you have any question regarding the information presented in the report. i Very truly yours, NOBLE CONSULTANTS INC. pioE'ngineerr P.E. �.i L Engineer, Ph.D. Attachments: References Table 1 Table 2 Table 3 Table 4 JTM/CCL:ccl � a� a1 • Mr. Leray A. de Wit Michael Brandman Associates March 29, 1989 Page 7 REFERENCES Boyle Engineering Corp. , 1982 Sediment source analysis and sediment delivery analysis. Task II-A, II-C and II-D. ----, 1987, San Diego Creek sediment monitoring program - Annual report 1985 - 1986. Technical report. Kahr, S. C. , 1972, Preliminary determination of sediment discharge - San Diego Creek drainage basin. Technical report. Mostafa M. G. , 1978, Sedimentation in Upper Newport Bay, California. Technical report. i Noble Consultants Inc. , 1989, Hydraulic Model study, Castaways Marina. Technical report. Orange, County of, Environmental Management Agency, 1988. 1 San Diego Creek sediment monitoring program - Annual report 1986- 1987 . Technical report. Sternberg, R.W. , 1972, Predicting initial motion and bed load transport of sediment particles in the shallow marine environment, Chapter 3 - Shelf sediment transport: Progress and pattern. pp 61-82 . � aq Table 1: Peak Flows and Volumes of Runoff San Diego Creek at Campus Drive Existing Condition Ultimate Condition Return Period Peak flow Volume Peak flow Volume Years cfs Ac. ft. cfs Ac. ft. 2 31280 21130 51310 3,840 5 71260 51130 91980 71680 10 101,390 7,650 13,400 10,710 25 14,330 10,990 17,610 14,580 50 19,380 16,260 22,120 19,970 100 22,300 19,'050 25,070 22,940 Refs Boyle Engineering Corp. , 1982 Table 2: Sediment Supply to Upper Newport Bay. Existing Condition Ultimate Condition Return period Sediment SnMly Sediment Supply Years cubic yards cubic yards 2 10,200 12,S00 5 46,S00 37,500 10 89,700 63,000 25 152,500 100,000 50 289,500 165,000 100 363,000 220,000 Ref: Boyle Engineering Corp. 1982 Table 3: Sediment Discharge Supply Measured Measured Estimated Water Disch. Rainfall Sediment Supply Year Total Daily Max. Total Total Daily Max Acre-ft Acre-ft Inches cy cy Oct 82-Jun 83 58,952 91858 25.74 437,000 191,000 Jul 83-Jun 84 29,425 21420 11.63 52,800 26,900 Jul 84-Apr 85 26,987 11751 9 .82 26,400 5,380 Oct 85-Jun 86 29,746 31154 14. 11 31,000 10,700 Jul 86-Jun 87 21,423 11307 7 .56 16,500 4,800 Ref: County of Orange, 1988 a • Table 4: Estimation of Current Velocity, Suspended Load and Bed Load Depositions Storm Rectirronro Item 25-year 50-year 100-year Estimated current velocity (ft/sec) 4.60 5.60 6.40 Total Sediment Supply (cy) 100,000 165,000 220,000 Transported Suspended Load (cy) 12,000 20,000 25,000 Suspended Load Deposition (ft) 0.50 0.80 1.00 Bed Load Deposition (ft) 0.10 0.15 0.25 Note: see Noble Consultants Inc. , 1989 for description and estimation of sediment deposition Current velocity is estimated for the navigation channel near the project site. I HGLaC.11lllC111. / ' January 3, 1992 Omega Wesserling 533 Springbrook North Irvine, Ca 92714 Honorable Phil Sansone, Mayor and Members of the Newport Beach City Council 3300 Newport Boulevard $.0, Box 1768 Newport Beach, CA 92659-1768 p(I;,, Mt . M.jynr and rouncil Members : As a citizen of the State of California, I am writing to express my concern, about the proposed marina design by the California Recreation Company, a subsidiary of the Irvine Company. The project suggested is located north of ys sentr to ite• Upper Newport the slips and a 1000 " pieraare proposed lowerts on the to intrude on Sixty percenton public tidelands. I am opposed to the development of this enterprise because ' of future environmental destruction that it would cause. Extensive dredging, loss of tidal and subtidal habitat for fisheries, and loss of foraging habitat for the birds of Upper Newport Bay are just some of my concerns. Many of the citizens of California have fought for and supported the preservation of this ecological resivoir. They have help to maintain the natural environment for manf-of the endangered species and other organisms that inhabits this site. In addition to ecological concerns, I understand there are some public safety issues as well. This area is frequented by paddlers and kayakers, as well as other small crafts--Therefore, a large marina would make this quiet water- way into a provoking danger zone. I personally believe it would be irresponsible for the city of Newport Beach to vote in favor of such a proposal. Some of the things that make our coastal area so special are all the organisms and habitat that we call "natural resources"' . This land belongs to every resident in the state. It belongs to every organism that inhabits it. You are to decide in favor of the proposal which serves a' few, or against it, which serves the majority of California. /SSincerely, VtAs ' V p�G Lt r'.'•'asn Omega Wass ng c r. , s r I Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Beach, CA 92659-1968 January 2, 1992 Dear Mayor Sansone and members of the Council, I greatly enjoy watching birds at Upper Newport Bay. ' If the proposed marina and associated dredging are approved, the wildlife habitat will be irrevocably disturbed. This is public tidelands and as one of the public who enjoys it Just as 1t is, I ask you to please do your part to see that it is left just as it is now. Furthermore, revenues from the proposed development will not benefit the general public and should therefore not be considered appropriate for public tidelands. I Sincerely, _ i r Janis Sandquist 12822 Spring Street Garden Grove, 'CA 92645 �'�p•ltitrn `" ���, C ;star:get �' �•. nEEJ:tte`f ��t, - cc: Supervisor Riley R;.I,.o�t. , RECEIVED r.3 ct�t e:t. JAN 6 1992 � t��� _ r vl • _ cmaEnK i .. G;`,�tTid•:: Qt NEWPORYTO& H p,;4�Ce Ch1et •,. ,ttt KRISTIN BLOMSTROM 1J40 Kensington Ave. San Marino, CA 91108 The Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 January 2, 1992 The planned construction of a marina for 125 boats on the lower castaways site, by the California Recreation Company, a subsidiary of The Irvine. Company, is unacceptable. The site for the marina is located north of the Pacific Coast Highway on the west side of the entry to upper Newport Bay. Forty percent of the slips are proposed to be on Irvine land and sixty percent of the slips on a one-thousand foot pier extending into upper Newport Bay on Public tidelands.: The long pier will require extensive dredging. I appose this marina because of the loss of tidal and subtidal habitat for fisheries and the loss of foraging habitat for the birds of upper Newport Bay. The proposed mitigation measures are unsatisfactory. I My position is supported by the United States Department of the �h interior (Fish and Wildlife Service) , The United States Department of Commerce (National Marine Fisheries Service) , The California Department of Fish and Game, The Friends of Newport Bay and SPON (Stop Polluting our Newport) Please don't destroy this habitat. Sincerely, Kristin Blomstrom a�f F�r�; an RECEIVED JAN 6 1992 u CRY .. - ..._ CLERK L•1s\..u0y• CRY OF hroypuL BEACH JEFFREY C. BLOMSTROM 33495 Binnacle Road Dana Point, CA 92629 (714) 240-2864 I January 1 , 1992 Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 The Honorable Phil Sansone, Mayor and members of the Newport Beach City, Council : The proposal to build a marina in a public tideland, designated as the Newport Back Bay Wetland and Estuary, is a questionable venture by a questionable corporation. Howevor, I have no doubt that the Irvine Company' s intentions are a sound business venture. It is an easy gamble and the marina will add'a substantial purse to their already insatiable girth. What is questionable are their dishonest tactics and rape of the land. For the price this company pays fcr its unscrupulous lawyers and their crafty lingo, they should take heed. How foolish do they think we are? During their arguments, be aware of some of their points in favor of planning, dredging, constructing and transport of, on and through this endangered coastal marsh and wetland. You will be as amazed, but not at all surprised at how much cunning money can buy. Newport Back Bay is a public tideland. The State of California is the trustee, the county manages it and the people own it. I urge you to encourage the Irvine Company to build their marina on the 40% of the land which they own, not on the 60% of the land which we, the public own. We are entrusting you to stop this questionable venture before it gets out of hand. Faithfully yours, _ Jeffrey C. Blomstrom . C: C:a'-ne.lmcn •. . p(AE� p . '3f••�F� '1 Crty CLERK CITY Of WV Mr. HEW r.ufiRli., „L V 0 i December 31 , 1991 The Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Boulevard p o Box 1768 Newport Beach, CA 92659-1768 Dear Newport Beach City Council : My life depends on you. This letter is being written in great earnest in order to prevent a hasty decision. We, you and I , are both animals. We are both creatures that inhabit this earth. This is my home. I live here in Newport, the same as you. Our basic needs are the same, but our drives are different. As everyone of you, I depend on food, shelter, water and space. If someone takes away your food, you can buy more, I cannot, I will starve to death. If something happens too your home, your insurance will cover it. My only insurance is you. Clean water is necessary for both of us. Our water supply is polluted. I live in it and consume it. You have a choice, you can buy clean water. I cannot. We all need space. If your home is destroyed, but your neighbors is not, you cannot stake claim in their house, on his property, nor can I , to my neighbor. My life depends on you. A hasty, decision to build a marina on my home will kill me and harm you. It will kill me because I cannot occupy my neighbors house. Even if my house is not destroyed, I will not be able to get there because a marina for the wealthy would prevent safe passage. Their boats will leak more oil and sewage of which I can now barely stand,. The toxins released from these products will contaminate my food supply, contaminate me and contaminate you. Who am' I? I am one of 6 endangered species, over 78 species of fish, 200 species of birds and dozens of different plants that inhabit Newport Back Bay, calling it home. Who are we, you and I? We are the animals that inhabit this earth. By understanding each other we can share this world, its resources and ultimately we can benefit each other. So please don't make a hasty decision about a marina that only the wealthy will enjoy. Submitted by Murray Joseph C aff a resident of Newport Beach.' '` '> ' cr ]AN 6 199Z Ci �Y ! CRY CIfRK L Gir. cinOF r ry Dir. ;: NEWPORT Sam r Dir. t r":T:�t•�i::a Dir, � I :!1ce Chief NDU _ ! January 2, 1992 Honorable Phil Sansone, Mayor & members of the Newport Beach City Council 3300 Newport Blvd. , P.O. Box 1768 Newport Beach, CA 92659-1768 Dear Mayor & Council members, We are writing to you to express our concern about the plans for the California Recreation Company ( Irvine Company) to build a marina on the lower Castaways site. As we understand this the plans include the use ' of public tidelands in the Upper Newport Bay. We are frequent visitors to the Upper Newport Bay, and thoroughly appreciate the availability of an area so rich in habitat diversity and Wildlife so close to home. We study the birdlife of the tidelands in question, and conclude that it would be impossible to replace that particular habitat anywhere else in the bay. It seems that the time has truly come for all of us to take a firm stand on saving- what precious little wetlands the state of California has remaining. How can we measure something this rare, and enjoyed by so many, in mere dollars? How can we ever hope to make this world a better place for ours and future generations if we keep giving it away a little bib pt a time . Please consider these thoughts of ours when you are making your decision regarding this matter. 'We trust that this issue is as important to you as it is to all of us. S�.ioxerely, .��. Yl & Kathryn ree •'- �_+ `v �992 ' ' 2112 Apricot kttiov�aof Irvine, CA 92720 552-8474 ;?n o &cLvwl?men f'.IA ' u r: . Dir. Dir. alsr:irT} Dir C I�Mypi�ce[�C,rhief 7G b Other nl atldeta cDheg6us 1209`,4dcDAtue Catow ddutW Odib meta 92626 114/760-9M uJ• � v 4C, 4� 5 �, r; �. CEIVFJAN �? p i f.�pn•�o,�q� L�. �/ff L ��3on�� , /`���/off ICI M,e,,,f�j j o �i f EL✓Po,LT .F3 mzw 64 f'Y CDUMc<<- 3�0o Mom^'?oar �iwub . �Q. $ox l r16 8 • g2.65q- !'768 ,' DoAA- MAYoX , � I-rYF, jogLthv AA— f� iVI�J P/2l V A— ,rVr:Z- CA5T79'Uh+y5 r— .wo m -Pu731- fG T/ ��.Lf}n�PS Y'm/� �oGKIMCo V 5 � vNrQv�- 1 �% TOM ANb ARUNE PN. CCU`+ RECE/VCD 636 St. Jr^.. lMs Pid. 6 �A ty 1992 _ -,r �TO: Newport Beach. CA �CERN OF 92663 k '"0R BEACH p p t pyyr Yit�'.t1;iYtL le j ��?ejc fir 1 k4wvw ' . . : � •ate'r�,�^e�-��- " .� •. _ , • 1 C dam► � ) Q . d cog. �� . 1(`/`/U�`�`/1V,Y�.}/�\ �, � 'S. ),..11fa.i�i•���l+Lt�'i•. :�'.: i•T���� � ,. '!)i '- � z •�. Q CA Ao Olt Edumtor fc•+ i DI.. tiLIC. ` Cnl ' . • "��' �,: • ,' �,�..w�, , i� �. d:fir . L3 ether RECEIVED JAN p 1992 H UM �c �C. cvt, ✓l�LOept�anaQ.,mccdCGLZc,aCo�,� .C. /,,qv 'L 7 4=1t1fatt �W F44 a^ot to-z�- �PbN Y � l3 TO: 4��► �''•a±n`7; '—L�/ti .LIfS/ e.04-tiY✓! N�1✓ WGt� p}S4rs r C!At:araey p '!clg. Dir. Q; ;et; rV Dir. p FtDIr. !¢Hair L"1 Bice C ld C] P.; .Dir u oiler 17,3 t . a,v A/d Aw 4k N"-•6 Pead-i ell Casno/ RECEIVED ��QQ /I�ea/ rf $ot{J�rlct rz� , y 'Pt o, Box DEC 30 1991 N�lPoe_? &—,oMq/ C,4 9a6s -/ebb' H n �q:Y /��•/t�AyCr A'!Y� WU/1Lr/ �pgrt,�w : � ' `•` I sr eo�sesr� 0�6. JS •�g..a�Q�k �'• ""� irtia/C/�y /c� Ahz- ar'` Z am �er�fca/ &. J4 pro�asa/ AO A ;a Su1�S r c�AY a� aK �'(/ine ..._COr�vAl/ �,✓h r c� f� ,/ a rna wry s/fir , ems- (d� J©n d Cau e,-- �,'itsf-aW�,..f S'��� • 77t/S .S/�-e is' lrxa�a� �+'f/ � �� �dCr�iZ �i1�S� �!/� G✓�/ . mn�� in/eS� S%cQi d�' �/,e �n� �° U�®�i` eu✓ Orf �c�y./ C i Sl,Ps ad a /000 1plo a rs 7mlosle' on 10, i �tnAllo�i�a /e. • P�UiVq-t1��en67�( c�o�i-uBhor SutGJ� � �flroJ �nJau(a' clY,t6i leas aJ 017W a1�al ►bida� A5Ae4iw A),l4 ass �adr� iird3 `Q u��� A4r4/�o� ar . Tua �rr Ls, gnyU G�' do c� �.+iJ�1R�e Gr o�iro41 R 7A7 e,,U oG�►'//a, /� a�Piw io �citt � � �/ e °% j ��u w�//, �:s �t ao we// ao 04 S�// 'l� W /l L 'J e ice' �avvt 00, ScrGLr f?r�c�ta eur czao ." GV�OK So S CCChO /4144- 444 (Me rT . ',4U;�ir �. � fb/�/y/y/I{// •, �/ - /V/ / �/✓)/(N_ 'm ^ `/• � f�t/"n•'•'\ ,'. ,�, '',tliz4n � ,u.•�.Q'�P �frj 6t 'fi'�Glht✓'�/ cF G�hR�Jr �3 Gd- . �j r,xxfL/ r tJJ !. YC4 w O/�t f21 t 6 Csc r�Qa{'o t� A / v U (l Mir, ce�Ghtlet `•r ,''.�'. air a C'AS�i ' �rfE3A; G/f ��' ��o/r% �Z�.eMi.�' 12/22/1991 James E. Roche 3700 Parkview Ln. 21-D Irvine, Ca. 92715 Honorable Phil Sansone, Mayor and Members of the Newport Beach City Council 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Ca. 92659-1768 Dear Sirs: I am opposed to the California Recreation Company's plans to build a marina on the Lower Castaways site. The 1,0oo, pier extending into Upper Newport Bay is unacceptable. The new pier will result in the loss of habitat for fisheries and the loss of foraging habitat for the birds of Upper Newport Bay. The dredging which will be needed to complete this project will have harmful effects on the wildlife of the Upper Newport Bay. Please consider the fragile habitat of the Upper Newport Bay when considering this proposed marina. Sincerely, );��2, - ;_-; RECEiVEU awes E. he ! RE DEC 30 1991 C"W" v� MEWPo T�Ea l�/ /ate. TTO: ,l'� '•rl. GIf. • �r'.ili.?Ysv Dti. ln. � v E'c"ce Chiei • • Phil Sansone Members of the Newport Beach City Council 3300 Newport Boulevard Po Box 1768 Newport Beach, CA 92659-1768 Dear Mr. Sansone and City Council Members: I am extremely concerned about a proposed extension that will be built to the Newport Beach Marina. Part of the extension will be located in the Upper Newport Bay, a home of many wildlife. When voting on this proposal, I hope you will consider all repercussions that would occur to this natural habitat if the marina is extended into the Upper Newport Bay. In the event that you vote in favor of this extension, please consider other alternatives that would prevent the marina from disturbing this natural wetland that is currently under preservation. Thank you. Sincerely //V" Ch#en P. xogers I �44i hWO00E9 S r 03 PoL(-trwoo) CA ya43 i i •:^ever Li r t`.ur I1P.y Li Gir. 01 _rry C;r. u P1W1 h Oir - r'l�i�ni::. Dir b i'c:;ce Chief L iIuler �Z 1452 Yey View Corona del Mar, CA 92625 Dec. 27, 1991 Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92659 Dear Sirs and Mesdames: uz is just a note to protest a marina which has been pro- posed to be built on upper Newport Bay by Rhe California Pec- reaticn Ccnpany, a subsidiary of the Irvine Co. As a long time mmber of Friends of Newport Bay, I have watched and participated in a never-ending series of skirmishes, advances and retreats in the battle to keep upper Newport Bay a tideland bird sanctuary and living 'tideland museum. I THOUGHT these battles were fiver when public ownership was es- tablished and the bay was satisfactorily dredged. Once again we learn that the price'of �iberty is eternal vig- ilance: we must once again marshall our fords, this time to fight a 1,000-foot pier, a marina and 125 boat slips. We opi?ose further "development" of upper Newport Bay, and we urge you to preserve this unique habitat in its entirety, so that future generations may enjoy scmthing besides camv-xcial exploitation. Sincerely, j C���c.� 1 Eli.z th W. Ri I a��3�-9� ° ECEIVED r5E x5 i" DEC3J 1991 CDr. 0 i- qt,;,�C�r HEWPoRrBrACH p cilmxn ;meager Ati0rneY 13 Dir. r;annmg Dir C f s�ce Chirk 6 2 1992 3 ❑04ner JP �'Y°r t Cd9 g°'01 fi . Q r ti I Dk� C:nrj (- 27 199� pnt•". pwhl• � �aY ev�P°rt ' pity°P�O. �.: December 6, 1991 6 r Honorable Phil Sansone, Mayor Members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659-1768 Dear Mayor, As a resident of Orange County, I oppose the plan for a new private marina for luxury cruisers on ecologically sensitive public tidelands next to Upper Newport Bay Ecological Reserve. 4 We are sacrificing our salt marsh habitats, our rivers, our fish, the whole Pacific Flyway, tens of thousands of birds and huge chunks of the food chain. We are harming land that had a way of being, and will eventually die. The plants and animals and marshes belong here. They' re part of the way things work; and if we don't pay attention to the way things work, we will soon find out how things don't work. Rachel Carson said, "What we do to nature, we do to ourselves. " Thank you, m jq e , A otiT E taos i sad w• .5�-,•,�/�pf/�- ' ��4!ii:il�lYn cr t1 AZL.MCy ❑Es. Lir. ❑r •:ti' Bit. �. ;`^ s n Dir. 17,0 O Ra:tRitt'? it ❑Futice C�tts1 . I J- C/,Y •� I ELI 01 G ' ( 2j V` December 6, 1991 co Honorable Phil Sansone, Mayor Members of the Newport Beach City Council' 3300 Newport Boulevard P.O. Box 1768 ; Newport Beach, California 92659-1768 Dear Mayor, As a resident of Orange County, I oppose the plan for a new private marina for luxury cruisers on ecologically sensitive public tidelands next to Upper Newport Bay Ecological Reserve. We are sacrificing our salt marsh habitats, our rivers, our fish, the whole Pacific Flyway, tens of thousands of birds and huge chunks of the food chain. We are harming land that had a way of being, and will eventually die. The plants and animals and marshes belong here. They' re part of the way things work; and if we don't pay attention to the way things work, we will soon find out how things don't work. Rachel Carson said, "What we do to nature, we do to ourselves.". eFF L APP 1 Thank u, J Mulkey 3�er . fir. q �iannIVI pir l Z i a pcdice Chief i N tID1 N , •` ct�rr ..'�.. G�r1 po" December 6i 1991 \' co E %) Honorable Phil Sansone, Mayor Members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659-1768 I Dear Mayor, I totally object to the development of Castaways because we have precious little salt marsh left for our dwindling wildlife and waterfoul . We have more endangered species in California than any other state. Please, no more development. Don't sacrifice habitat for a few luxury boats. Richard Luers is a dangerous and environmentally unconscious man when he says a marina would clean up that particular corner. Habitat would be destroyed with further encroachment. Stand up to the California Recreation Company and say NO. Future generations will thank you. i Sincerely, too N N s PIte. 14T' 13 13 is2C� uC. t;�ti a:•,c• ;?lif ja '- t' 13 �-N oit _ - El :het ••�,3 R Q�.. N s December 6, 1991co�. Honorable Phil Sansone, Mayor Members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659-1768 Dear Mayor, Regarding the proposal by California Recreation Company to build a marina: Why do we keep thinking we can ursurp wildlife habitat and play God by creating a new saltmarsh in an area more suitable to our selfish needs? A saltmarsh is a very complicated ecosystem that takes thousands of years for nature to develop. We dump some dredge spoils in the water and make an island, then set up some little red tile shelters, put a fence around it and call it a saltmarsh. Our feeble attempts at replicating nature is just too sad. Dredging is a very serious undertaking. Mud acts like a sponge for all our pollution dumped into the bay. What kind of stuff will be stirred up and where will it be dumped? Upper Newport beical Rerve is a furthers treasure, endangered for all Sincerely, ' ll� G �� �GG•G!� ^ le- A �ara�er �Dir�.tr pp 9�6.s9- /768 �vlcc�vti x. - �- Xo �izcct�L �iat�t`,dC�je� ,G,eZ LG 2a..4 uf;• ..xi' •' �•'"; ••N: �! "• •`1,,.' 3 Z ' t f, ritt`� � iAi {tt .�1 wtrt,Y.''(��• .11; :d3!'.: •rh`n. .F •.n✓•.'ll{.:���.::: .:(1ne' .:al,�2� .ti�'_Su.y ..,�;. T. :+�, :�I�:P ", f. � 4: Y4 .Iw VN ��N..n•�N.i ,•kQi '1:i`ir .,�Yr 9..CAM t. , ,r;;.'lte�' V nM ^r:•,l/,••!K •'�/IiS " 'ILPs ;,•+'..' •!'�!h•}'f!JI'. 1 •i F:7' %•r- p}?,w 1""•id_` •, �f • �.: --Ss' �: ��1 rylil'U� +��r�9}�+lyti'I,�t.'N,itiS":,yx'��.'Sl':J`a= n.''+.n.,�, Y 'Y �'yJ{.�{•�',iJy.•n.w. �s�1.' t t �Iw .�. •'t•�^VI^���;:'�tt+�i+iti'A•f�;f♦T 11 ii.1/1C,Q{hQuS'•:%hiHf•'a�N�ri..ire•��n��'1��i3'INr�+�li+':Ii�i�4a�:Yf.C���{ax14:LL VY�•x �';:�M.:44W.'.�tEIA f 1^'ti�1V�•kNw4YV• fi�i:dl'�:+ w + � p�2p��'�Q 9 E ct o,Ye '799jbt Ip �,• i m Honorable Phil Sansone = � ���'� Deoember 18, 1991 and members of the Newport Beaoh City unoil 3A300 Newport Boulevard PO Box 1768 Newport Beaoh, CA 92659-1768 Dear Sir: We are writing oonoerning the plans of the California Reoreation Company to build a marina flor 125 boats on the lower Castaways site. This site is not only dangerous for boat travel, but also a preoious area for birds and, oruolal to the eoology of the rest of Upper Newport Bay, an eoologioal reserve. The pier will require extensive dredging and will therefore oause the loss of important tidal and subtidal habitats. The Environmental Impaot Report has been deolared inadequate, and we urge you to rejeot the proposed marina. We are members of University High Sohool's environmental olub, Students faking Aotion Against.Nature's Destruotion (STAAND) . With so few estuaries remaining in California, espeolally Orange County, we feel that the loss of any wetlands is ridioulous. When these lands are so rare and irreplaoeable, any monetary gains are k �poonsequential: Thank you. i I Sinoerely, •.1• y �Y f'•;. .z•, . +. , •:1'•;.nt'w.r ..in. }t, . .pT'y.eit:'v.t.•.. aSM`,. ... .+. Todd and Eleanore Tennyson 707 No. Roanne St. Anaheim, Calif. 92801 December 17, 1991 Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca. 92659-1768 Dear Sir; •We• are opposed' to building a marine: on the lower Castaways site. We oppose the marina because of the loss of tidal and subtidal. habitat for fisheries and the loss of foraging habitat for the birds of Upper Newport Bay. Once aweek we canoe in the Upper Bay and consider it .Qne.•gt. •the:.feN,•i'eMaining.wilderness -areas .in a giant .t,; . ..;. Nietsrcipola. P•l�gsg;, lat•iib.tt�ep what litt�e: 'w ] derness�r r... rems:•iris t ' Thanks for your time and attention. Sincerely Yours`s em�ty l , Todd and Eleanor,, i Tennyson Bate Ae / ayor'• ' •• { ' ; p oncilmeo ► i ,Sanager :; ' p Attarney C161:t9• DYI Uir. p� ry 6n&R Dir. nnit►9 o police Cq p 'V'. �C, � � 13�kcil 7 1 a �F �1 oOth er RECEIVED DEC 18 1991 Decernt)er ?o. i'y9` cr[VCOK CITY OF NEWPOQiBFIdI Mayor and Mernbers of the r:•: Newport Beach City Council 3300 Newport Boulevard po. Box 1768 Newport Beacri, CA 92659-1 768 Dear Sirs: I have recently become avrare of plans by the Irvine Company to construct boat slips for 40-foot long boats at the lower Castaways st•te near the intersection of Route 1 and Dover in Newport Beach. As currently planned, the boat slips will occupy both private and public waterways. It is the construction in the already-nart°ow and hazardous plaolic waterway in front of the Castaways site that concerns me and leads me to believe that the issue of the safety of current users of this waterway has not been -addressed. Either the slips should not be constructed in the oublic waterway, or the channel should be widened prior to construction. ' ' �1�s•p'larined; th2 further.na0OWinq of.the cha6ne1:60e'01he•docks•btii•it•in••:' fhe ptibi.ic vrateri�ay.it .combinatiptr w,i.th the r rmai:ly'�occurring:3 mph. '. current, obs 'ruction-of vis.iaility:by the Route i •britlga, human-powered : canoes, kayaks, and sculls, Pavillion fishing boats, larger private motor boats, would be very unsafe. Conditions would be even more-unsafe should there be a 40-foot boat trying to dock or go to sea! While many other important issues are facing the construction of the boat •slips on.tne puolwwaterway in front.of the:Castaways site, I. feel that this safety issue must not be igndred. Either the-boat slips in the public waterway should not be cons tructed,.or the channel shol.ld be. widened•• before construction of the.5lipq. ;;271 :"z"A 7'�' Rate . /a'/$ Yours truly, I' : . r�-�� .: •DEC, •�..u..gig; '• MayorEf AIM p luacitmen COPCerned rest^e!ir 3nd merrip'r 18191I011ll1211t�i�'.-:- q'as>ager Newport Aquatic write 'Cl MD. Dir. r a Attornoy = " : _ ... .: . [] tY INC C1 Wamm�iggDiOir. D police Chlet D a P.W..olr 0 other RECEIVED DEC 17 1991 CRY LURK CITY BE NEWPORT BEACH December 16r 1991 Honorable Phil Sansoner Mayor & members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beachr CA 92659-1768 Dear Mayor Sansone & Newport Beach City Council Members: A subsidiary of The Irvine Company plans to build a marina. 60% of which' will extend into the west side of the entry to upper Newport Bay. I oppose this marina because it will result in' the loss of tidal and subtidal habitat. This habitat is critical for fisheries and foraging wildlife of this area. Mitigation measures intended are unsatisfactory. On a personal level. I spend a lot of time at upper Newport Bay.• . I feel veik strongly;zcbout the-aesthetic-.value and. *11dlifd-Vhich Voilld be pe.cmanefttly:•disX.optO by :;si?ck� dev �opment :measures. :• ..:• ..:: . ' .:. . : : • . Please support this position as does 'the U.S: Departmenti of the Interior (Fish and Wildlife Service) , the U.S. Department of Commerce (National Marine Fisheries Service)', the CA Department of Fish and Game, and the Friends, of Newport Bay. . Thank you.. S' cerel ., Cindy Si e 845 Pa arino 4 40-3 Costa esa r. CA 92626 t Dat �• :. Mayor ❑0,0artCtlmen 5anager ,U1NNjjVG UEPARTIN£.r, 0 Attomeyy E:t;Y OF NEl"1PORT SEAL}t -t7 0:.=1 01r. . °6""m Dir. DEC 17 J991 to tr - R DIr. AN parse 61� natie1 7t819t1�►ut�t1►2►3t4t5P%� 13 a P.W.atr _ a Other 0 0 Honorable Phil Sansone, Mayor 227 W. San Antonio Ave, and members of the Newport Beach San Clememte, Co. city Council 92672-4357 3300 Newport Boulevard Dec. 16 , 1991 P.O. Box 1768 Newport Beach, Ca. 92659-1768 Dear Mayor Sansone. I have called Orange County my home for most of my life. I helped finance my College Education by working as Life Guard at Newport Beach. I hale been an active member of "FONB" Friends of Newport Bay for many years and an Active member of the State Fish and Game Volunteer Naturalist program for Newport Back Bay for two years. The proposed plan by the California Recreation Company, a subsidiary of the Irvine Company> to build a Marina with slips for 125 boats on the lower Castaways site, 60% of the slips on a 1000 ft. pier extending into upper Newport Bay on Public Tide— lands is unsatisfactory. This would resu}t in loss of tide and subtidal habitat for fish and other water life as well as forag— ing habitat for the birds of upper Newport Bay. I understand that the Newport Bosch City Council will be consid— ering the proposed marina on January 13p 1392 at 7:30 P-M-- It is therefore requested that the rsections of the many environmental agencies 'be taken into consideration. Not only do we not want this to happen nowv but it is also desirable to preclude further environmental enroachment by not letting it ever get statted. _ Sin erely . 5 I ER SON S � t 7C2p�l � {t�.'r�`$P'. ;} P ;. y'ii'+• via'�1 .1 i'tlj i;}�y}, i .'�M;�Ay. . .n,. .¢f :.. 'litt 1:•1,:'y 1. i'� • .. .:.) +�va.a?.'i ea. .. } .it... :�:. .....{:.+.�:J.i::'�'a �::h��Yt�trn,}.'.Sfdritl S. ��.:•.v,•:Su�+W�$t{ki+�%.'^l':T% .r': ... » .. .a e, .i i' . ra.Va•Ir•..- _ Jt MING DEPRR'WE;•., -- t_iTY OF NVIPORT BEACH — Lane B. Koluvek DEC i' 1991 n 610 Tustin Ave. -AM Newport Beach, CA 92663 V ill11211121'0tn:r•' December 6, 1991 AFC 1/4 AD 9, . . Honorable Phil tansone,Mayor S\ and Members ofthe Council of Newport Beach P.O. Box 1768- Newport Beach,California 92659-1768 Dear Honorable Mayor and Members of the Council: I understand that the California Recreation Company would like-to build a marina on the Lower Castaways site. I have do not disagree'with the placement a marina on that property. I DO HAVE A PROBLEM•with extending the marina northward over the fish nursery and fishing:grounds: There is precjous little of these tidelands left. I•have ' • sdveral'points i4,. + kd op why'they should not be:given.approval to build a 3004 foot pier• :;•,q atiy pies extending 6i 'y*ppd t}ie tipwer Ca'staway's site..They, are as foil'ows ' 1.' This loss would be to the advantage of th6 Irvine Company and a loss to all-the people who use the bay. '(a gain for a few while a loss to many) 2. It will cause a danger to human life and to boats due to the increased traffic in this part of the channel. (Already,human powered boats have had accidents without a marina) 3. The current due heavy current from tides'and seasonal floods will cause inexperience boatmen to have more accidents. 4. The fisherman will lose fishing grounds. 5. The new docks will be a natural collector for flotsam and jetsam forcing fish out of the area due to dirty water. 6. While some birds are not hampered by new docks, many terns which currently feed ( —=—"- their will have to gu uthci placcs to iccd. Mitigation would be uccessary at a high s.a,ytsr rate to cover the damages. �rtcitmen L7 2xafargar 7. The proposed mitigation in the reserve would have to reproduce the same conditions t7 ;ttorney now existing in the proposed site. Wetlands and tidelands construction is an art not ao 105 - Dir. science. An art only in its embryonic state. Why should this be a training ground fotO ft;env Ulf. ❑ a ., F oaf. lag•ling Dir Chid 0 if t1 l'[at'inn • I�v this art. The proposed site for mitigating damages is already used by foraging birds and in itself would be a loss.Not as great but still a loss. i 8. This is land owned by all of us in the state of California and we all use it or will use it ; in some fashion. If the marina is developed then a small!few would benefit to the detriment of many. 9. While the income to the County would be substantial,I do not think it can always be used as a reason for development. i• The government agencies who reviewed the proposal and the ER believe that this proposal does not provide for a good use of the land. 1 I hope that you will consider the proposal with these concerns and those of many of us who consider-that the pier extension to be not in'the best interest of the public who own the land. I believe that you will not act as your planning commission did and rubber stamp the proposal and in an effect becoming proponents of development. Sinc4B. o Lane4uve i Jn 0 4607 Camden Charles S. Wilson, M.D. Corona del Mar,California 92625 (714)760-]092 Diplonate American Board of Radiology t zt P_ `�Au G�y a� �/G�✓f9r s % /�U�/ r (�:� 7-4-r J J9i c� �i7A /fr�,..� 7'`'a f1rEyo�e. AIA IqO N , - RECEIVED DE 18 December 14, 1991 Honorable Phil Sansone, yBeach City Council and members of the Newporti 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659-1768 I just turned 18 years old last month and I'm very excited about being able to vote th the Califfuture. Recreatibn Co. letter is about the proposed marina bye I am President of the Explorer Scouts that assare ociated with he I Dept. of Fish & Game at Upper,Newport •Bgty. • d with, and; it . •This•. dace is;too beauiitul .tb fool arour}• '• hauv n• . . ... �� 1e to'uis3t;;�ach•., is such.. rare'' l4ce for •mil iOns,•of o�h�� '�eop, t ih more.:jear-,dizinJ;this areas. :year: We do "t.'Xie�& 4n,Ytlz . So; please vote against. it.•. . Rand Kerr .521 Playa ^• . ' • 92660'' fit.( Newport1:, 1931 . Beach,. CPS AN 5 7 8 91D 1112 3 2,L 1,rrr. p ncilmen . ;as�ager p Attariley U�,►n I►ir. r� L & Rn4�Ulr p Ptanni Thiel p ppllce p Othei�lr _ I q l RECEIVED \. pecember 13, 1991Cm DEC1a1.ERK991 NEWPPORRi BEW Honorable Phil Sansone, Mayor, • '` and members of the New Beach City Council 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659-1768 ,as a resident of Newport Beach, I am writing this letter to express my anger and opposition to the proposed marina by the California Recreation Company north of PCH. I can' t believe that you would even consider granting, a permit to have 60% of these slips on public tidelands, and jeopardizing the valuable resources of the Upper Newport Bay Ecological Reserve. Already, over 909a of Southern California's wetlands have been destroyed. Upper Newport Bay is an absolute jewel for all the migratory birds and waterfowl, and the 6 endangered species that lisle-there. ; T .Ott ltite].y-.oppose ships -tieing'-fin. tkse-7;pulilic tidelands, .:I.[�tasn't.tlierer a --lbd learned*gheri t1iig' .Eight way carried -and 'won In 19.75. when this area was dedicated as an ecologicai reserve? •Z don't care what they talk about proposed mitigation - this area is far too valuable to play trial & error in hoping to avoid further destruction of the feeding and breeding grounds that are fed through this narrow inlet in Upper Newport Bay. Please vote NO on marina -slips in the public tidelands. Sincerely; ' . Russ Kerr a, ; S27 .Playa . _ 0 4P �. Newport Beach XI .2}fir&Jj . ,Y•C3F n!�:''�,r�n•r'�e�r,- , .O 0 c3lmen anager ' ❑Attorn OeY' 's AM LSE C 1:' 1591 la Mdq. 1r. Pr".' ❑6s1tSery Dir. ::, 7t819t10A1211121314,95.r Q�• T nnffi�INr 4 [] F'•yi1Ce ta11� O P:.V.Sir C10itier .,,�� jqV December 13, 1991 Honorable Phil Sansone, Mayor, and members of the Newport Beach City Council 5300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659-1768 T've recently learned that you are considering a proposed marina north of the Pacific Coast Highway, withia 1000 ft pier extending into public tidelands. That's absolutely terrible! The Upper Newport taBa essentialhindever havemthat ay even con ctedidered when such a unique r urge you to vote NO on having any slips out in the public tidelands! I've heard that this position is supported by the U.S.. p@pt. of the Interior•; U.S'. Dept, ,gf .Com{nerce,, and 'the,' Calif . ;Dept,: af• Fish` & GaYne;;. I`'su�e .hope' that iio spec3a°l nterest';grdup ig;gotng`'to, he, ab3 •'tb mkg this h�PP : ; . . 'Too many of the California' wetlands. have been destroyed; and the j estuaries are even more rare, such as upper Newport $ay. Keep tYie dredging, leaking oil and gas from the boats, and destruction of* the channel, flow from happening. . Sincerely,, Anne Kerr . $27, Playa Newport Beach, 'CA 92660 •. . . . : .. .. S .DEC 1g 1991 It KeWPcA •• i jq3 Gary F. McKee/Annie Gerard 2312 Redlands Drive Newport Beach, California 92660 13 December 1991 Mayor Phil Sansone City of Newport Beach 3300 Newport Blvd. Newport Beach, California . 92663 i Dear Sir: Regarding the Planning Commission approval of the marina proposed by the California Recreation Company, we advise that the city council disallow the approval. it is incomprehensible that the Commission would approve a project after acknowledging that they (the Commissioners) lack an understanding of the issues involved. Flagrantly displaying such incompetence, regardless of .intent, speaks ill of the city management. : Very Truly Yours,:. . P 4GaFLMCKee Annie Gera d :{TY OF NEW PORT BEAK S 0 DEC 1" 1991 It. 7 18191101UI1211J2J314,." A �� Ne ►r ) r ' a • 90 Streamwood Irvine, CA 92720 December 13, 1991 Honorable Phil Sansone 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659-1768 I � Dear Mayor Sansone: I am writing to urge you .to oppose the marina proposed by the. calif braia• Recreation Company. The 1,000' piob;Would intrude ia'tb the bay' and• caUse'.lo;#s.;of 'habitat.•and the dredging regiiired;• ',Would diettirb •tbe•:sensit;ive bird•.and. fish 'pbpulations. 'As Yoti `are prpbably. aware, wetlands habitat has been segerely 'impacted iin. . .'Southern California•, with' most. of the original Wetland's already lost to development. Marine estuaries like Upper Newport Bay are vital to sustain migrating and nesting birds and for the reproduction of numerous fish species. Further intrusion into this sensitive area could tilt.- the balance against some of the endangered species which make-use of the Back Bay. The U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the California Department of Fish and Game all oppose this project as do local citizens groups such as the Friends of Newport Bay and ,Stop Polluting Our Newport. Pleas,e join us in opposing this-.damaging development. I , .. , � •' • . •• • •• _ �ry trulyQYours. David L. Salahi n s ' a coFc� fl'� 9 . ANDY BE..AL.L • �.cc '•+�"' • ..... 17742 WHITNEY DR. �`� `-i ^•; '%� SA.`^,` (7141 633-5563 IV f.) � � � c � ���m 1 �..� NTA ANA CA 92705 ^' REC 16 ED // 2K vV AAA— V 14 � ' ��.���� V �i�� � •rli� � �� Ili •'•• �� �• s ., � .• •�' ' •. VET • RECEt • � 'aYocitmel► �• � � 9 DED 16 1991 AtIOMY - DEC 1x 199113 �o KEwwat°F a► Bit. CRY reew 3 F ft�pl h !! a police C►►ief r, '�'�/ �'7~ q ly `; Ci¢,oMayor,99�1� �viB� �••.. Phil Sansone,' Mayor and ' 12 December, 1991 members of the ;NeWport Beach City Council From: John V. Westl n4- 9ub.ject: , Proposed marina on the lower Castaways site for 125 boats by.tHe California Recreation Co. i': believe ;the--&ubject proposed marina is a mistake and -should ,not be. approved. I know the land belongs to the Irvine -company 'but the tidal.land• and •the 'bay belong• to only - ;, ' .the public , Additional .boats in the .back bay will 'release more pollution and threaten the' marsh environment.,, spend many houis enjoying the wild life abundant in' the area. You have',,the responsibility"of ,p'roteCting one of the few remaining'w"ild marshes' in southern California. ;very Lhing.. 4 chunyi lg . aid, 1 have waLch_ lilt, rkpuliuuul changes in Newport .Bay,•girice• the;early .1930' when xou, could ....swim -out-,to-tZie rsand•:•bax in•;the:•oenter..of-tifie bay'.; etc. :ekc.• .;;•. . :'; 4 Fach .of us .see' t*he•'need fpr •new development: in Orange Cou;itX. `%:.>' ulatiozi w hl' doul? e'�y,:,202D.:: Our..inost•'• , .where the P�`o7��ted'.pQP , � frequent eavirgnmental infraction 'is 'to"look,for :gratification: on profit =today ij?ithq t thinking -bf future,"generations. ••You can change.,fhe Z(ivelo&ent trend and help to protect the Back ,Bay by not, a pro, ing ,the subject plan. Vr i• r•-'ter'••f. �.��. • ��� I 1 �• `-John V:- Mestling ,"' �'' y; . : ••., Sind= y CO r , Q C tsci�mea" rr a a Attor1\eY. • p�,,c'�n.Otr.�. F.Uii: i�p ,�.COSMA d.'3 - - . . . � ❑t�tfier ; ' � _._ - 'fig M • , . ' 01 , \ J y JpsePh Mc •Guire DEC 1� qN Fx ' 317-8 University Drive ,�•"I Cost4 Mesa, CA 92726 �7 Phil +Sasone, Mayor and members of the Newport beach City council 3300 'Newport Boulevard P.. O, Box 1768 ; Newport Beach, CA 92659-1766 The California ;Recreation Company, a subsidiary of the I( 'Irvine Company has proposed a pla to build a marina on th lov(er Castaways sit. ; 607; of this marine extends into uppQr Newport Hay ; J on public tidelands•. 1 y I am a member of the Friends of Newport Bay and opposes -lossing any part of ndwport bay due to ecological, environmental , and people oriented park value of the back newport bay. Some of the 4-eas I feel strongly about are when are we going to realize that .We 'can ' t keep 'reducing stop over spots for migrating birds without suffering grave consequences. I spend alot of my time in the back• bay and would seriously consider moving out of state if " this patuq•••—. oasis was ,destroyed nr• redLicdd- greatly." '. Loss Qfi .:f.,rshing ' anti tilyd forat,3Yng hAbitat . 'are:' ;strong ?roric�rri '�as;w�+11' :a>;'•safety' )a#' bbat�i-s and: access. :' arm :noC opposed *.to a smaller''marina. 'within"the con#Ynes• ofi the' California Recreation company. ' T he. study plan• for:impact' on " the environment . , ;, ' . ti as backup by the 'department of Fish and Game has not looked at r� the issue in,:detail . The proposed mudflat..:exchange. by building1? ` in 'u'pper n hwport ,bay has 'never.'t done and no knowledge of the feasibility is apparent. I know others feel very strongly about . l�r these urban parks and reserves as -.I do estimates in the millions of people. -vi it.,this partipular park ., a year;: (;k .:visi:t being " "period, '6f •the 'day)••: Thank" you very tiiuch for hearing my concerns, ,Y r t' Dr,. JOSEPH MGUI QRE " , \ ycr Cl qpm;men \I{ I I7rpARTtr� a Attorney ,r;,AM0 G a DEW" Q LITY OF t�E15pOR( l3-R CI DiG D�C 13 1991 p�4 ROk rt A1u 911�Iv1�1�12ts14iBiC, P lce �, Al �� 1 DAMES R GALLAGHER -- c 21562 Kaneohe Lane Huntington Beach, CA 92646 December 11, 1991 The Honorable Phil Sansone, Mayor and Members of the Newport Beach City Council 3300 Newport Blvd. P.O. Boa 1768 Newport Beach, CA 92659 i Dear Mayor and Council Members I recently found out that you are considering a proposal to build a marina in the Upper Newport Bay in public waters. While I live in Huntington Beach, I reside only a mile or so from the Newport Beach city limits. Several times a month I visit the Upper Bay area to walk the area and enjoy the natural surroundings (what there is left of them, that is. ) When I moved to Huntington Beach 27 years ago it was like living out in the country. Now development is threatening to overwhelm us- The Barris• Bay area i$, a very •sgenial :one:, , It is a feeding ground for: thousands arid'•thousands' ' 'of 'birds �thzit: -live.-iri'and,pars .through:the. bay.. . ..Not •6n1)-r Jioulcl:a•marina•.d@.pf cQX Qart cif::tine. feeding grounds,' ;bui }Wore 'boats'.mean: mole. noise -atid ;mbr,.e arilY... : •pollution of the retuainder of this wildlife• preserve." I implore you to vote NO on this proposal--and.any other proposal that would have a detrimental effect on this public wildlife preserve. Sincerely ^ James R.' Gallagher 962-8990. •• te A,aynr AFC�,� a C cum80 _ 4FG /fj4 "anaaer twoI6 •... Attorneyy s, ryepi C 69� l9gl. Dir. � . r� n;a;iSnry Dit. X, a icei Chief _Dir QCC � a P.:'!•Dir '• C;y�rorJ99j. 4 C]Other 2, N 10 - �✓ ' I December 9th, 1991 RECEIVED DEC 12 1991 _ �..,.t CITY CLERK r� OF Honorable Phil Sansone, Mayor karaooRtep� and members of the Newport Beach City Council ;� � 3300 Newport Boulevard P O Box 1768 „ ,t�%.`, Newport Beach, Ca 92659-1768 Dear Mayor Sansone: It has been brought to my attention that the California Recreation Company, a subsidiary of The Irvine Company, is peeking approval to build a marina with slips for 125 boats on the lower Castaways site. It is my understanding that 40% of the slips are to be on Irvine land while 601)1 of the slips are to be on a 1 ,000 foot pier extending into upper Newport Bay on PUBLIC TIDELANDS. The pier will require extensive dredging which will destroy the ecological area for major portions of the plant and animal habitat in the immediate area and adversely affect the ecosystem for the whole Upper Newport Bay Ecological Reserve. It is even Possible it will ultimately destroy the Reserve. Therefore this proposal by the Irvine Company must be stopped! I. am not alone in •opposing this .•proposal since the ,. united .States%DepdrtmeA} •.of••the. Interior• (•Fisk and Wildlife, ; Service) , :;The• United States„Depa:Ttment,af• ,Commerce 4Nation'al•• . s, t�arir}e: Fisheries 'Servicee k., "tihe California .Department df •FiSh•• and•Game, 5PON ('Stop Palluti11g• Our Newport) and *the:F.rlendif of Newport Bay are also• opposed to the proposal.. There is sound scientific. evidence to support these positions and none to support the position of the Irvine Company. As a private citizen in the State of California the tidelands are in my trust and I am- deeply concerned that this proposal will destroy yet another wetland that is crucial to our own survival. The tidelands do not belong to Newport Beach, Orange County or to the State of California but to the people of the State. ' Please' do -your duty. and stop the Irvine Company from• doing •further .damage. to our- precious and fzagile environment. Sincerely . f'r�Q T uncilmen Garvin L. Walker �• 3,36y$9er LV12• Emerywood Rd.' Attorney 13 �i0tvAG Gt RT&iri Ca 92680 r]Mo.Mr. ►TY OF NEB'!►'rJR7 t3- a�Sery D►r. O R Dir. DEC 1 1991 nt pn1 latin ; 12 8 4 5rF Ll sNr y l l►g►g►10►11►121 ► ► ► ► _ o 1iher A, Page - 1 6 Dec 1991 Honorable Phil Sansone, Mayor and members of the Newport Beach City Council 3300 Newport Boulevard P O Box 1768 Newport Beach, CA 92659-1768 I recently saw the proposal by the California Recreation Company for a long pier running up Newport Bay for the purpose of mooring pleasure boats. Having spent many years as the owner and operator of a commercial tow boat and having navigated the Newport Bay channel during a medium tidal change, it seems to me that these proposed boat slips would be almost impossible to enter and leave when the current is running, and especially during -an extreme tidal chaixge•' Yachts trying to make..dooking maneuvers will. also cause danger and confusion to other boats trying to navigate the Newport ' ' Bay channel. For the safety and continued use of Newport Bay by the public, I would strongly recommend agate mooring pier being built along this channel . Sincerely, Skeet Kelly l m 1462 Stanford s Irvine, CA 92715 � o� g n � .� a. :: ,...1•.✓,i'i. ... .'t.{,1aln�,�,� �• c'�'. .�..... ., 'Idl r�lr .,i�iys:!:+'(:, . • • RECEtvtU BY PNNING DEPARTMENT PITY OF NEWPORT BEACH DEC 27 1991 ww?�Rl9� AM PM December 6, 1991 71819,WIU112111213141516 Honorable Phil Sansone, Mayor Members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659-1768 Dear Mayor , I totally object to the development of Castaways because we have precious little salt marsh left for our dwindling .wildlife and waterfoul . We have more endangered species in -California than any other state. P.T ease,. .go mbie•.d'eyel.opment . .::Dpn't• 'sacrifiC..e hatiit t'.'for•a : '• , few liJxuo bciats: : '•Ridhard:,l_'uers .is •a 'dangerous and envi'ronmental'1'y n be says a• mar'i na : :. unconscious• mais would clean up that particular .corner. , Habi"tat would be destroyed' wifh further encroachment. Stand up to the California Recreation Company and say NO. Future generations will thank you. Sincere-ly, . . . ' 13 4z`; 13 P;y 0if r' 6 :• . — . •. _ . --- • Q(}filet • . <` a iyy..,,•u da ,{ ' n .•r � 1 . �..'r ,+/[�. M• ..;;'p. . .:,:.,.k,.)A .•'w j.~ .'ity'1'' • •YKn•. n. 'a••T!'i,�.:S}..i'. J�'+iS3�':M.u..l R'F+u :s. •.. . '�v.•q ..1.e'Y,. ' 33f?kata 7aaafa ?ja fart Buck. &4 99660 t714) 760-3631 December 1, 1991 Addendum: I failed to include these earlier-expressed EQAC NOP concerns: the structural integrity of all adjacent cliffs,the removal of massive amounts of soil and silt, Hon. Phil Sansone, Mayor the significant alteration of all existing topography, City of Newport Beach the proposed entrance-exit of this project and its impact City Hall on Dover Drive traffic patterns,etc. We also found that 3300 Newport Blvd. part of this proposed project extends well beyond property Newport Beach, CA 92660 lines into so-called"public waters". It is doubtful that this encroachment is legal. The "hazard to navigation" Dear Phil: question was also raised. MS This letter can best be entitled"A Slip Between Cup and Lip". As you well know,it is generally not my style to write letters to,you and the Council unless there is a strong City- Committee reason. I believe that such a reason may exist here. This writing is prompted by the Environmental Quality Affairs Committee's(EQAC)inadvertent brief HER response to the Irvine Company's Lower Castaways proposal. i Before you and the Council consider this proposal,I urge you to review EQAC's NOP response. I believe that you will find considerably greater attention to detail in that response. It is fair to say that my concerns expressed in our NOP filing then continue today. The Lower Castaways project is generating an unusually high volume of concern. It apparently has not been blessed by those agencies whose approvals are required Moreover,I am told that one of these agencies is already on the record as opposing Lower Castaways in any event. The magnitude of this project causes my concern. It certainly will upset the ecological balance in the region. Water flow, tidelands,nesting areas,navigation routes, etc. would be forever changed if California Recreation completes this project as presently proposed Our environment would be significantly and substantially altered should this project be approved at all levels. Our NOP response addresses these and all other related issues. Our current EIR subcommittee apparently did not review EQAC's earlier NOP response on this project. I am told that no member of the Planning Commission reviewed this in depth response,too. If our City process is to work effectively, it would seem logical and appropriate for all members of the EIR Subcommittee and the Planning Commission to review all relevant City-required submissions. Pleaseincludemein the rapidly growing number of those who oppose this.particu ar development of the Lower Castaway& The proposal, as presently submitted,is fraught with peril. I hope that the City will not be entrapped by The Irvine Company by siding with Ed Powers and his backers. This development is not in the best interests of the peo A Beach and their environment. Cordially, rTt . !2 �� �aOUCei� 6 DEC 3 Ms 19910. r3 4 Qtyv e� 15 L sT l • 1001 Nottingham Road Newport Beach, CA 92660 �✓ �? November 27, 1991 x' c. Mayor Phil Sansone City of Newport Beach 3300 Newport Boulevard :'port P O Box 1768 Newport Beach, CA 92659-1768 Dear Mayor Sansone: On November 22, the Newport Beach planning commission held a public hearing on the merits of a proposed Castaways marina. The California Recreation Company, a subsidiary of The Irvine Company, sought the approval of a marina with 125 slips for large yachts. The proposal for the marina includes con- structing a pier over 700 feet long'whi.ch will .extned into upper Newport bay, not only beyond the boundaries of •t�e project, but also far from the shore into the public waterways. The commission by a 4 to 2 vote approved the project including the long pier. I was disappointed but not surprised by the vote. Mat was surprising was I the rationale of the majority in approving the project. The commission and staff had in their possession letters from the United States Department of Commerce, the United States Department of the Interior and the California Department of Fish and Game stating their opposition to having the long pier extend into the upper Newport Bay. A smaller 85' slip marina was dis- cussed briefly.by the •cokdssion. The maaoi-,ity of the'c0mr4ssio� -stated that -they ] lieved they w�re:not goal- '. :ified th-.pass..jlxlginerrt on'ttie-emtirbnmontc? :pzoblems raised in.the E:$. :.; Expressing their opinion tiAt; ultimately,•state anti federal:9gencieb'wou reduce the size of *the marina, they voted to•apprave the:l:arge marina. In so doing, they approved a project for whiCki'they admitted they lacked 'the expertise to make a decision based on full disclosure of all pertinent facts and, thereby, became advocates•of the applicant's total project. The -commission could have remained neutral, asked the staff for more-in- formation, approved the land portion with reservation, or disapproved the • project. The course taken was not the proper decision of a responsible commission. I ask of you that,the decision of the planning commission be'ignored and ' that the project be disapproved, modified, or approved on its merits when it is submitted to the city council-for further review.. • �•Very.truly. yours, .'. .• . . :• .' r Frank Robinaln XC: Members of the city council R�C ,991 Editor, Los Angeles Times ��s Editor, Newport Beach/Costa Mesa Pilot Editor; The Register Other interested parties 5� �.`Ttiesdity,.�iietriber'28;�•fe91 .;.�11?„ ' v .a gyp• yryy� I, 4y i w. Lobdeil...642932!�10t. 411 ^i'he-Planning >;: • a,�,�. �� ,,. .. Commission, just like the council it advises, is f t J 1 expected to come t faex-to face with tough, c n' complicated issues:Traffic. :Poor ��anWng ._Noise..Pollution.Views. Density.And,yes, the 'ifivaJ � + WrAbinmenl and Its• 1 m"A'aor il'n7f8bitants, too."I7iaYsTheers ob f commission { 'ill ibr eason many of the° the • commission to attend the T here's something very recent League of California 1 d sturbing'about the Cities meeting in San ' Newport Beach Francism where seminars Planning Commission's ranged from environmental decision to recommend affairs to redevelopment. approval of the Irvine Col The reason the proposed marina in the commission exists,in fact,is Back Bay. so that area residents armed And it has nothing to do with•ttie expertise of the " -`with tbe'marina,.the everyman can review ldeal environment,•the'Irvine Co., projects and propdsal. ' the city's pliuml ig•staff qr Otherwise,we might as well the genuine.concerns'of abdicate the whole works to !hose on either side of this the state or the feds. controversial project. And in this case,that It has to do with the seems to be what a majority Planning Commission itself. of the commission is saying. no commission's reaction Actually,.the commission last Thursday,when it took has done local resident an up debate,was to — simply -even worse service.After put — duck the issue. stating that it felt — A majority of the unqualified to grabble with commissioners indicated ' the marina's environmental that they felt unqualified to consequences,the weigh the effects the marina commission voted 4-2 to would have on wildlife;one recommend approval of the of the major stumbling marina,— trusting that blocks of the project. someone else down the line Further,commissioners with look'after the Back took the position that those - Bas fra '!e•envIronment. looming points of debate Blind faith. should be'left to the other Perhaps Commissioner agencies that will review the Thomas Edwards,who along project — the City Council, with Commissioner Norma the state Coastal Glover dissented,said it Commission and so on. ;best:"I don't think we "We're not the body to should assume it's going to review every one of the be cut back.That's not good potential species that could be hurt or damaged,"noted planning." 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Nik,YtkL 11i�!1 /fit �GO. �r»,.. ; !+!!F13!u ¢a{ti vt4!r!?ins,�riEtia YhljfS.;?;?iri3ii?!�!?:l Y�u,'P+n,�kt.•.c ?" ,.i" �3;(" "`�!,c➢:t,?7;i,. .�,_'•,:PE wog. 5y THE R;'- -;; ,! i,S�Jtoln. Y' 'tpQ� MAYOrt• 7}•:,. ' ✓t'•Sx,ii"1..�y i+•+: - :•f ': {ji x1991''}'='. ` • t47f:•a�7T 'f �'•s••• / 1 .y• 1rr• t. 3• N J :i •i t •a..f' N.ERK'. 4• .i• t•J:G tt h' ?• ,•'f J t Y ,•• ' i f 4i n •e.v� C N 'liJn, •T 5 ,h}. Q •1 4 S'•iA '•, � n ENt'�Tn ^, 1. W n f i4i•rl f,• .J ••j p� �" -R5 t r.t 1 Y= Y lsi a Lnc��a t r •r' d � < M1 Y 3f .r ........ �k.!.•. f >r f • t. janar'.'n er 4 •1!'L ' `-i ). 1 i'Y f 'Y �4r �p•y., y.t • t 5f .5 a4:- , =a. n�+. B ttorn $c •.�15•.t :;< , tr (� ,eY,-('•l, SC '•s4i'r• Y,r" :{ 'S . 1 �+ myClof .Gft Ot e h 1.' P �+ e�! 'w• -k f • :.7 r,R� .t. :rts-1,9. �r• ,�.•..£': 'a -•,`. •:rya+ +"iG'. •).w p 1 ..,�5- {:�:tia.({( ) rJ r 4i:.56, �(,r� nRe/' i •`J •.1,.. .,}.' :"t•,l:•{'.' bR�'.1\if) :�,4 � YF ln ' •I \ Y4"''1./. r�{{{'• : :a 9; L Jr•�3 ��'•: �4 j v,,,:,j:.. ;.w •_�+,,. ,:. A...ar';,f:' .alp';•, '', r ;i3.r., Yr G.r`=9:+;=.r ti d R .h. 7, ,�: .,:.' .:r• • R.... kf. .1 ''.rl'' c :a,:,d, ,-t+t{vS :•4 5= i°ii i>3' t.f X ..S{ .t,o!r. '�- N - rf•@ bt .3T", t"•a-n:,, n..• ' ••,X`.tio:?';?•:G��:a Y'%';ian- >.;�`�,�� �-i< •'•5vr?:e:C.�e• • d�• :> r,i'. .. .. :,i..... ii i"Alm December 30 > 1991 n�ndw� Newport Beach City Council C/o The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Subject: Proposed Rebuild of Castaways Marina Dear Councilmen: As a renter for over ten years of a boat slip managed by pany, I have appreciated the quality and California Recreation Com hich the professional manner main in tained ahighar s been managed- qualityofcleanliness and restrooms the dock area is always neat and clean. Based on this history with California Recreation Company Management, such high quality can be expected from the rebuild of the Castaways Marina under the direction of Ed Power. Very UVUJY YQUIT" Elizabeth Rutherford "'"• 6 Mill Creek Irvine, CA 92715 Slip Renter - Balboa Marina, Newport Beach, CA 4;;LI�i'i'_,•':�"�i�ilk a C o.,-.,,amen . �•�;ager . ❑At:ar,18y o ��:•r�` v qsr. o ;... , 5Oir. o?;:arfsnr-2 Dir p i;ce L'nief _ Oir L7 Ck„er M 969 Magellan St. Costa Mesa, Ca. 92626 28 December 1991 Mayor Sansone 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mr. Sansone: Although I no longer live in Newport I was a resident there for many years, have had boats in various parts df the harbor and would like to voice my support for the projected Castaways Marina development. We have had a boat in the Balboa Marina for over two years now and I favor the project because of my experiences with California Recreation in that period. 1. Maintenance is excellent in every, respect--docks are clean, inT first-class repair; rest rooms are convenient and are always so well kept that no one would consider using boat facilities instead. 2. Trash receptacles are on each pier end so that they are close at hand; they have hinged, self-closing lids to that they present little attraction to flies or vermin-. They are also kept ready for use--I have yet to find one filled to the top. 3. Flotsam collects readily in this almost tideless portion of the harbor; conditions are much improved because 'the Recreation men skim off this materal as it accumulates. 4, Iareer powerboats need better docking facilities. The berth next to ours is occupied by by a fifty-foot twin screw cruiser and in any high wind she can hardly get in or out of her dock. In brief, I feel there should be no concern about misuse or pollution of the harbor should this project be built. A good environment promotes good behavior--even C the confirmed slob is less apt to misbehave if everything �0 9 VP _a JAB\ N,aYor od �j�N� fhb n in the area is as well-kept as is our marina and others which are under the control of the Recreation Companq. Sincerely yours, ?hn"'Feeley (b0 'L S�,N SONG Apt- 0(L 0 New co,Z(- �i CouNIPc L ,�Iti ;zo Cf ! ` �+3ry.r1�1 ,I••F.wPV. } 'Y Y • 'f�' .>.. •4.Mw1 • 'H •i4 r4;�./. N�� .r . , ..'.'•: w � g'4I'i1'!j(.ldl. i� • • t•Ou tilt. t r "L V{Tl aAdCob-'ILLAJ�lilt ZL4A64 . . ... ,•rSi Ar•.ftiwCV41:^I 'SAJ:7 i)S 15N�t:'t.;' t:rh+4' {Y's� [t`. ,7tt. l�1 � a:.. :i l v, a �A , � r ,1" V �Y'I�,:k.I.i'vu a>1':.t•,,y,'ar:�(.(� ?M1'lv.Y"ryS s •rrl � �.A sp •• ,•...,. r vv�. -. ,'a CJ[�.,N,IC�%l�//r QAf� � W\ ` ,♦ A+ , C 4. . .•t ,nn::� >TS 11it!•iY J.+�tv ^Y' S4;S.Y'•Y..n'J,,,,,711..P-i-. ooa151�:}' '�r, u;ul:4R#1l,l�ti'•I::?en'�fl'e:,i 2:Iy4p.• '.,f>- , : •• '' i 't •• •t'e •r4Y:trJ.. t;rltr't7V"' 4Si� /f ltlil r;fitA;lk:cQ{YIF''A7,!tY ;i)S�uwt.,> •A•: :a47Pi3r,h4�u�r:/p �i'uN7'i:t��2...,•::.<• //�� � C::.I.y'#;.•:,I,t•. :.e� r� r. . I�. r,t t• ., .Y'n 1 •.Jri�3i4�+ 4�7:rk: •°' ^A ',v�!`r•=#�Mi i R' •Ytit 1 r' ' ,illix�I...�+•Y�I ��.til �,1� if � A Y�1'(' u. i.:. QXA ,�... '....: ....?:�a• x �h(tif••R+M„IrtWW+ ,.IttVW/F"�K::uGFW:dWA91FOM8fiq+:Pl.tp.-a.,nTiFla.•twswayfliNtdM1nV.t`,xNrV.v..Y 7rW.v. ',^+','.•RL,.:•n ..t:: :r0 „�,:, S . 'p• AOSva>s4;ti••. .... r:;5DtV. Y,tt�C�17�LdyA4�'ty,��'i..eg;,vS,r `..:emr,4T�;R.rY Vjr , 5.i:-r:•�t..y.... . w. . .y.t,a . ; 5'. tV w(�' 0 d'i�.lU�k•R'5.. . , 'r.l.;�.a , !!VV//•" ,%,.:r ..r ::. i;r 'j•`: � �•` . , 1 %'la7 �: . . 1,�.Irjq �,; `♦ t` .. .. �j/V_lG,/�•7,C/ k ..I� R o, �' ,•x.`7ai/i'�t. •t ',. ✓.•!,l'.v^'i\ri•Tx•!^• ."I!�l'' � • .�. , P :1).Ng�„'�)�+�' 1�2��ak`4,`Yli�i\`'� i'd {�f�rt� 'c�,��TT,., f YI C;: ,a, 'i._FJi'; Sw)r�/� s�rii,.r:A1;+'i!-r +�grrL,�,.. ;Sj..�� �����,.�'�d��y.'�/ri�t(A/�•�tlr ',.r •Jr •,�f :l . � x'lMl,• :s,iri W✓`r"`iw.w, .Si Y};'i�ti�'L�::1 .+'•)�� � 'iAf:'t41 5'(• n+ru ,err t�:.' rY,• ;..f.r.r'n 5s.�R •u .'jr „ _, j .,r '+�' ••t S "r 5' vly' 6+pra••i"`",` 'l 11 'r �, �•.� 4�,, .41`i' �•�;�,: � 'l!� }.1 t' t4y, .1. S,h+.7,L�.Ii:?.he5. Y a1r.`olr•si...:;li '# !�•� e irf' S^nrD l� 1 11l), :'xal',t•r .0 141k 1,� n + 'INS,' ;r r� r ' Ry�p�'y�� p�wijty'�!�f' ,ui'•''/„``.` '7:: S r . �. +.' i ::J�qf}•,�' ;r , ���th/ty]Ii,F.+�N•�?iln'YVT.—.,=�-'rs �.K yrG`t'� f.r tl�';�1,.;.�' �,� �C��, '• aLi S)11'!0 1 , • i3 i .1. . >. 7.t t,af�y 4�n1}4 '!: 1'" '��i�'.ia�i,�y j�'i`sF(r •f� vrn< icy. °rk�� ti � I f �`� .,,. > �., •.. t1j���,'. ��.;� y ;t. q{ev''sY7 Y'`t��.'•'�� ;ty, tl.i,c5t�u��w4�;1'�' ' � [ „i �lI � "4�'�. •� 1,1 �M �'GY(}�� �i �� .'�"`f' r N/t. �t;i:� � ' +�•1Y+ EdwARd C. LUNd 704 ORChid AVENUE CORONA DEI MAR CONsuIIANI CAMORMA 92625 (7I4) 640.7851 1 f .RECEIVED December 19 , 1991 { DEC 201991 �I arr ixER¢ ; kEWp0O1Y r BFApi The Honorable Phil Sansone !� Mayor of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mr. Mayor and City Council: I am writing in support of the proposed Castaways Marina. As a resident of Corona del Mar for the last 25 years as well -as a boat owner and enthusiast it has become obvious to me that our marine environment, including the marinas, help .to make Newport Beach the wonderful place it is to visit or live. Old pictures of the area show a F bunch of mud flats and sandbars . . . .. We've come a long wayl The'.location of the Castaway' s proposal'. Will not adversely affect the environment of the bay and is compatable with surrounding development. Marine pollution in the back bay comes, to a great extent, from agricultural run-off up stream. The California Recreation Company, in my personal experience is, and has been very conscientious in maintaining the cleanest marina restrooms and dock facilities. As orate ftR2- a boat owner, and an environmentalist, I a r S';�TTO: have been impressed with the high ;, ayur standards maintained. Ci Ga linen =lagager Newport Beach needs the boat owners, both d tuit5riley from an economic and an esthetic r-I I t f i Dir vi@wpoint, and a W@ll manag@d additional Cl (tsn6-cru Dir, marina will benefit us all. �.nnfng Dir l Pc,E)ae Chief Sincerely, ri Cl p.:ii..Dir Ct Other b,v v • CounsEliNq iN INduslRyEducmioN REIATIONS I - i I' 1 =Ei•;3 1 ? 1� � �F[irpFrj�r Qfp y}7 ,d.t fnM`f I .G.Y�ArGmYGI 17• 7,,9,11 (• `;{6 ;Q•+ [, :.r ...... yLyt, r 1kw"A•, .r`7�7 Mr i�. l'f5y+�ni•`$i�L'i • J •'�a1E � ' '"••'}.h�.�C:i:[;',�:'4',`Af,�'' vn ,,;x.,. by,yyS..IW+Ii V �r`'.,'s� y� , � �° iy4,t(��t pi t s . ,.f. :brrs:s'y�'Y,•Mr r+.', n, �nr..{"'�', �A': 'Y, �,�Sn.Y: `...r •• � . 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Y4fl,IFEF�Iiki`4��M� ;Hr'll�nr^rC �, � ,s .. • ., .i: .'M4Td • r Q,q 1L 111Y.1({ r-M.r� ,ItrL; ••a•a..(./,.Ntr,r1 ,M HFL1 rM'rq•n0•'rN,FK� l.,(•r(p , ' ?iilji!i?i? ?iiiii?i3Jii?i t '� _ .�;�....`• •f.,4,:dKfd a v•\.�' •• n••nvY.-1•+.q)d:• ..@' rt fff .5'U+Ay 1:•.:�-t .rrA- •etir �;,,.r,c, .q. ;wd.a,c• .aw,:F�....,.L ,..,i, ..• .,3:',:': ' t.er3i-f4,:E:,",:'ieKC•<¢f+t"r •�...F•Li '•Ar•....n^�..�\<p •iAF' F .�;rr .'r(w:a,<1,�=-;•.'S.r ` :,. Mayor Sansone}NGi)5 tEii,4' c;t: S in/.r S`i?IV b Y. i ' J',r. ? <•r1i• r•Y°.i(1:.<P'r'.p}y,F of , Yr• }i,. c'v`':Xj t 4. .( �i�tFa'f•', :y'Y .. ?: `+F., a,var,J+9.A:r«s,r, ?:,4 ai 15.. .. •(ti' nr<: '�C.y�r�,':kJ��" .rtr •�I�,,, ..F,.t,: ab4 „ 42�A. k�i' Y 9, �•r�•r �` "" s Marina•wou�td be a benefit.to not only The Proposed i6WV.Castaway... Y'- 'Jr. 1 nr?• r ji 'boa�y�r��j�nf do -`f,'Ne��ftBeach,;buf'also tlieiesidents as,well.„:: ,. '.::•:t`:'d\V.�Yi ' !,' ��11� boating P`•C Jw. 41.Hti-^ r.q•� • 1 r •'i',,.\. 1 The overcrowding of the present marinas has'caused Alip,rents logo at�an�ala�rmdmd m rid Althou h we obviously iaovo�w tied 14,`to k p e b gw supply . g Y bay area.as`miich' 'its natural habitat as possible;theIother side•of,the°::,' $511'wt�!(5rtaN�d�y 1t �'}p�a�.WfA }by-.6d�P? dC? 6tAU Jlfi fAT ay{Arwl jslF!�19 .. �4 k+tlt a{5Y 1(dnY 7 `�, ?"'^'u�7,v" r.�;.".,t• ..L* . ..•r••):yA'{ 1'•,' ,Pw.HiH> rt•, SY,,q r�n 1 •\e:. 1 } <" liisttp. .t') a .: r ,e., ,� •" / .'�i.. a j'S'il r "' , , i : �: F« r- 4}:, y.;" `t' "L.t:r 4.;..r ;L I',„I�i " d\!`k'xfi1� ;,5't,�,.S 1 •,, y.',�is�: 1 'ae;•gP oi' t{ y. Rrd �CUt dfpS7si 7 ,•'• $N ,y,. •c' n•� •in.ir,. .hr,,:+.•-'•.- ., `r<:-j•"r'VrY.•.::,: a, �; . :s x.,a• :;1=ra. v.. ,;I:, r•;hhh?� C.4x n r sa X . • , ii �,��}9��.�nwRl��onfac'`il�ifi�4:��'A�'s� i �om'�iodore�ofl#he�� �Gl(�!''�'�'�t�r�it�)x� f�, .•4'+rY'ue+tdF931!1§fi9,J'=.YhR^fEf{4);><•"r,.^Jt' .,Bah><a Conn' "n"�'"a'�htl'Cli�t3', I�oik��c'ldsel `h�nth'G'iiifoivia .. _ .:•; , t 3 :.. Recreation Com aiiytasa}iey maiiage'our'riianma3':I arrm`preseutly Rear it?ti?:ri?t!ii?liyllai?%Hin?Lii;tai- •+'. -'•"�•COi111nOdOIL,Of/ e Associatton of.Orange.Coa`sE:Yaclit Clubs;and:,"�'•arty,:;,,':%•:;5:ri•,•.,;� 6 :Youthaf•we•are,'lceenlya;L� •i. ',Y.;fa a1thOUgh 5 r—C_.Ti}•r. 1 ' v' ! :. •• •« ;;; �:'•+ .„ '.aware oftliEiieec( oradditionalboatidgfacilipes''.rA".ir •:a tl . '.,E v,:,.r'es^, li•.7t.:1's..{`)S�i}..4y.",err•. _.(<1... TL. .n .1m [:,`a t ,'t}k�;r.l}. f '°�::•',u.l •i;E L,'•i-r•' a'�+ " 1in. , ., .t I-j dYi.'f{: . }$t�('/`!+".• L'r *j Tuj fnY.7r� '„1 '(2'{ `I. .ilv+'f,�•:`r.•:•?J.r,.:. .q..,r l:e.,. fii .-0;_•' ' , ''1'r rt � o r>unaui ,,;angest;the elnspng.waterway;aand I?' y 'i ;p;,''=i,i•; ^< '. .6.w a o, m n, rE. , f i?'•: .,^t,S:' :i;:• , sir_ r \,! •i .tr ,; „-; .,f: '.,f..r,.believe,it'woul bean tothg'community&j.am'azesiderit';oftheti,�1{ •,'{:�i;r<�:,,: . 1r., M1 ,;I. .J ..,UMx /b'+Ff , 'F !+*_+ ;hu'• Nr..'•, t> F ,. td tdo :,mpbdatintthebacksisapIf;i-fodad li so L��33" 'cF } .o .yr.,,...,, e: I' • v i:..... r l <f '~it-,i F."r" :an g o ech$i►able.to; ; youa;can tSe; ure;,inyvoice would 8eheard .,•• :;,,;.t:•:;: )) ?:.-• ',!$•'. t''S'"• !L':rtp :nY+' 4 � \ n ry 1 ? L� .y�\r. >•.4 l:}• '1Y 'Dj::U' r ::•1:'.i.,:' r ;u11 ryr y. :.:7 Pxi,�:a•,'^Ar'.>:',q -aF;�jyj�{,P, R•"'ir''. t;. `--+�~•#1' ,,t� r„r s{ n L „v`i 1' ,p r.'. ;•i�fF' --- `+ z{ {tl Da+ r t ti'w? .i�.`• • �' �•i11 t~-+N'yi ` :1>.sr 4•- �• cation �1 �t vr{' L1adE6•' U�'lOr' f v�.,l.rr �1 �/ �y\' , :Yir 't![,1,t' i 4S`,1.,'1�L.1,r •�,� • ,A > ei+� t .>' q�{ .�gg.Sy p�vi ;y1/^f'...V(ski I,.fi'{`,.:F^ri'�.�t., ;i' ^ itirr;,,�yyyr•�l t'l , 1 r . r:`�S;t(.xl ;•r ?'�., d^<.i: :, ysii,:'i::'!'. ",i..n'.'tu,;.{ s5'Rc•/CV,jj'4•M tii:a va:'V,l+da•.Irh�`�(7tr'` v ,f t?'''F�s,` k';".eAi� %'•' '•"' i.:r v: .<�, , ••1 'i,F]h iawrl( "•' ^rJ� a''=T.L i' .r+ 1,'t' •f'• rRfr. L . lµ. i�J..t.. r ' S:' :i';. , • R' ter:,. fir. .. //� y/y. r.,:.. ', , r,1.. - i >,<' ;',�,3!)arl.• {•I!��: . err•. ...t:,: � '1.�.r*t�.�� DE V �.i'•(;[t''�• nY:Yti,f1 '.V 1''il.•S'L .. ,n.+ ^' M •t 10 i+ '.ti• .Yty ,Mii'}:3r,' ,,; - %t:• 2449gi,� henB. Askew,".'.r.. ;;f,•'' itrl :° :�f: M yor.., , �!.. ;; .1•:•i 't'?IT.75.fw f. " Cpt4b Sr 1206 Blue Gurntane• Newport Beach,CA 92660 I�� is; tc `{ftyye.i, to�.yy y'Ny` .1.e3q •• .'.(�'•y} , n . ..a !y�pYp�Y/p�.S' yq., ,� v, p6' £.Y.. .✓s •...�r`. yl r • :•J„[ ]nS�t i'Yn t• i�Ni:O 14i�.•' t�A �- ' 1M �• r NAME ON t ' + December 5, 1991 (a�1 .x The Honorable P. Sansone '3 Mayor of Newport Beach ,qq 3300 Newport Blvd. Newport Beach, CA 92663 ,t Dear Mr. Mayor: ' I am in support of the development of the Castaways Marina. I f44 think the addition to Marine Facilities in Newport Beach will be an asset to the City and to the public. As I am sure you are aware, slip space is limited and the demand is great for a first class marina. •..... • .. . .' •I• have- been as ociatetI with 'the.'CaLi£r�•riiia Recreatii2a 9Youp. . for ;. •ov'er, ' 2b•.;• yt'4rs '-"!and' ipt-iny,.opi>i Id ::and : maintain ,:the:. • . • . . . f,iriest slip$: and ga'c3lities- in:•tlie 'srea:' , ' Thanking you and the Council in advance, I remain Sincerely yours, B INE, INC. Dav d ••T. •New . ^ ' President. �,t1 e7• DLN/laa :. .: . ._ : . .. . S°• O-r :9 . ^� 10 19 Basin Marine,Inc.•829 Harbor Island Drive•Newport Beach,Ca.92660•Phone(714)673-0360 Fax#(714)673-0625 'r. f The Toman Company December 5, 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard- Newport Beach, CA 92663 -Honorable Mayor Sansone: I am writing in support of the new Castaways Marina. The shortage of slip space in Newport Harbor has deprived- many families of tha chance to enjoy boat ownership and its many recreational opportunities. The new marina will also provide additional revenues to the County, City I and the many small business people dependent on the'boating industry. For the past 3 years, I have had my boat moored at the Bayshore Marina so I have personally experienced the day to day operation and maintenance provided by California Recreation Company. The docks, restrooms' and parking areas are [•always:in immaculate condition and when there•is,a,,need, £or service, or repair, the staff response is fast and effective. ? Please vote yes on the Castaways Marina and California Recreation Company's effort to enhance our harbor and its boating facilities. ,gtN+i,:biveYnik.`Ny+'=5eSr95,h•q':n.,.. . .r.4.. .. . .. ,,rc;.,yad.rtNt»NR^i;Gia1'�•y,+;3514Y;,:e.G•r{ys� ... ♦m:. a. . , .r ... •y.•^a..'•t Best regards, i THB � lrt?''M�l.`:e4Z....;..,..ry•,..ra• . .r ..v1[M.t t'rtfU+NTA%7• Warren Tomaa President•.,, , c� -� m w., Hhe•.utsq•Fv, r i .5.r.9q:g ;,r I � � )}A;7ky. tYaYBd!1r:5S Jk!rfi•F5t?i'i7�Pi nl .,a•:• •'r ,...:..m. � WT:mt EtJi ' , m • , �,p4iNING DHPRRTM s CfiY of,N(EI'11PO1991 pCH .�J,,<.;., , ,•�,� b• RF(/�• ::��, ��J.a .irpv. 1�F<blb q,:,S•f,�v,p '•^,} , • 'FISqq: . •C na .i� -0 -;3.t f ", 1.:. ,t.%". l' „I,o, .D .r:,y +xt.:y�( p1A �, tir' Y5'' y ♦r'tr ,}�� Idrf 1: {lc Z' ..i'� ;)�H[ ;,[�l 1 9,G , 4:::' , ::4 SY' :9Y, 7}J (irY,.• • ;.,,. �+• 'b> jt r,, .d. :fr to-,LK iT .'•r%4i,.,..•.'^ , . .,,: • +;{^ C �` S[, • u >; t'` /^) ^ ' 'rS'^{'fir h. ^II' [:'rM�^X:!y^. i'.,5,�;`t{.Ynl.7�i'i.+^:r .iG .Sm�{•�ti.ra;:��(p�.,.r y•`: '12Q,�VIH If.l�jl } •„ [p�GC ��+ ,.�'4/`. `� �,4 (� .r111w.....,. ' 1 V � 1r ::• GY\...Y^ � �rr� J...• 4r li'r {• +�',n •+• ^I �J�,��;+( r 1, Y"^•j:�'i.�''u »,��w�..� .i i 5 �`:;�: 9.,• �•v r+,. 19g lu',r[�y• r � 1 h� 5 i qrb"; i,-'r ,a�Ott' r� ' S'1�''fc Mj�$�8► l ' + � , �'%;!1• r., 1' •'�� 8 d�yryyhl+:��±• i N;'.. r v 1i11{,ia o I(5{, f..y.r. Y��t } Ah. .2 ,,+ �c .r 'N s[M '�'o 5 +1 k•" v\`� � I��Y tj�{.7'�p, Uyt'16;rr.'�r i '�J� "�rx�1 `Qt�. ., ,i.;gy'3�j;j�R� y� r�. �1'�1 7l.t lrr� V�r+ll. =%i' .•pry,. " w'k �SYk: � r C ,�y p� ['QM.f1"v":':.{•l• 'G"}1• V..4'r�?.�+�'ry r ,�i 'y'4`}�a 'srtNilrt` � r�f;:f���a:y •�;a 1 �'' � r � • a.''L.�,�� '�4'1;'ryt��J'•�,,t`, •• a..:1�;,,1'x,l..Y N , �'♦�ti��'^ -0;��� � "i�v1 ', in�r'�:fV""lr'f r {l( '�W IX�i4• .IZ� lad v ??.� E:'?•3�,c�I?�r;�{:?I��i�_: 3�t �llij��'i??:?{'{{i�j''{I {'�� 1�? � � Mrs. Terry B k j� M uo i ey . �^ B2592 Vista 2 OCR lv 8 i,i i {{ '•I• i o 1 ista Drive F .� Y j lfl� Newport Beady Gsli�ernin 9 _ 044. 4,�f j9 �J is??i?tei'' ii{{;i?i(ijl•`i{{.;ilii!ii?i?:?:::::I:�fi{{{°i3tl,{?:gf;+•,;:2 y. , :i{i?i;{{?ijiiliiL!{iii :.}:,??`•j:,'r;: , JJnn i ynz� ,,{il ai;?: iNtj3ij3;i'1 (� /C�-K/✓/C••(i�►/ it ' ' i> i,,. :yifi? .• iE< i ." .. e, .u•�/e�./�iWV�i i • •Q�rx� Y. ::aT,DYhti::nS::,r,?e8.i::>k:,i[2i:;j'� pis�rw•�titii:,.�•: ip\:gyi :.�lt tZ 'y:i'ii ;'1 i i?i 3j 3 i1 i'0' i•}iit3"3i'li� : ?� t ,i' ' Q/ 1 >;i � 37 : o�3ltil 7:;i,ij ?ii:j�, i irll�•�;�;, i�3 i�i��f)i �?3i31j1�•�i�i?�� i}i 7';•`i?i{l{iiiii�3' � i!✓iv". �Q��ves�c(if — �;j� �I.'•I� ! ��I�I ?{{j3''(f) 'I��I } •f I111►Ii�?, . lei ?i i•�A �i3;?jIi,!'3:,•��i?i3��ti: �iSi]i?iiE13. 1 j ;�.:. 5::;::.:•7.}?4>�i�::ir'i,ii? ?i.:,::r:;:si <ii:??:?? : iii?i:•i?,;i!?Ii?11?:pf7 ?:•> :i:??j?i?.?? :?':ir3?i?ii? ?:j?i:j;i;i;?ji?1?i 3?ji?ji3i?iiii.•?iii?� ` Piz isiii:i? j:?:ii ?�';•�::�•:i�'�% ':iiii?:�..•i+i3:i� :i??:ii;•::. :}:?::.: �f/ , I J/� '�ii'ii i'?ii'ii ic7i�iiiii�•i':i ioii::::::ii3 i>•:..::3 3•ii,:..... i3a,%i!i??;.,L:;?nL•r?3:?;tj.rd:31.??,3,;.:?:::;:;(�1, =j.i. 3.11�.;?,, :011 Is ji — r^i.'s"'ii:S��i �ii ?°i�t?7 ii�i`;�i;i ?t .•«i'tt!'1!'�`irf1j3rPi�`ii'• ':::}j•.rt;'jl,R.::iy:iii•ii:i.7?j:: i:tii'i'?:;l:tl iliiiii'•ijijciiii:i;::ii: 5tpi1i°iiiii'ii'• 'ii`3i:jj ?i3iii•7•.3??jiji ;;?.i.?,???i::.::;,;,.,y;.,j313p?,:,.,•.?„ iiiiji yi i iii iii i i?0 Noll i?%"•`°� Y:?; a. g, ' •. .. I.t! !dl �. 3.,.. Q 0 nAft :.:14' iiiiii?i11k1�?R'?.iN3d l?s+ ?tt � Yla 3 . Z W i;�;:, ,�gip`.; ..�r•:i :y...�7.. .eA�.:.is�:.•?••� ,`.fii: • 1 ii?: 1.K T ... DEAN A. Ki&wxSH ,ATTORNEY AT LAW FouR BEACHCOMBER DRIVE CORONA DEL MAR, CALIFORNIA 02625 ' f December 3, 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, Califorhiii 9266.3 Subject: California Recreation Company - Proposed Castaways Marina I am writing in my capacity as a seven-year tenant of the California Recreation Company's Bayside Marina facility to voice any enthusiastic support for their proposed development of the Castaways Marina. In my opinion, based upon the quality of recent reconstruction and operations at Bayside Marina, the California Recreation Company is well qualified to properly copstruct, .operate and maintain a marina facility at this . locatign in 'a manner •tahioh. will 'be. complimentary~to its-. surrouiicdings and •attractive. to,'environmentally: sensitive` boaters. The California Recreation company have'-alwaysmaintained the ' Bayside 'Marina facility in a manner whigh exemplifies their ' qualifications for this proposed new development. I urge both you and the Newport Beach City' Council to support .the California Recreation Company's proposed development of the Castaways Marina. Yours verX truly, . De an A. Kewish DAK/lap CO a1tN . 13C 9 RF w DEC 9Ala f. ,Stgtlptllt t1i�t°t4t5e city /2 December 3, 1991 � I The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Sansone, I am writing in regard to the proposed Castaways Marina that is to be built in the upper bay by California Recreation Company. I have lived in the harbor area since 1947 and have seen many changes, some good, some bad, and I feel the marina would definitely be an asset. Having been involved in the boating industry in Newport Harbor most of my life, I have seen the need. for slips increase each 'year. I think the -environmental impact.zaduld :be negligible compxe'd'to tiie .ohemical§ that are duiriped Into the"upper bay' . .just f M.storm, dr&ini, alone "e&ch,.day..•• , I have had 'the pleasure of dealing with California -Recreation over the years and am very familiar with their operation. They run clean, well maintained marinas and I feed the Castaways Marina would not only benefit the boating. people but also the community as a whole. Sincerely, _ Robert J. Wilson 3092 Warren Lane Costa Mesa, CA• 92626 Z tO ' 9 $9srR' F • WALTER E. GILLFILLAN AND ASSOCIATES TRANSPORTATION PLANNING The Honorable P. Sansone City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 December 2, 1991 Dear Mayor Sansone: I would like to add my support to the California Recreation Company's proposal for the development of the Castaways Marina. The marina proposal is compatible with the past and present development in that area and, with the proper environmental protections imposed by the City and County of Orange, will be a positive attribute for the City and will add to the recreational and economic assets of the community. My experience as a marina tenant of the California Recreation Company for the past seven years is one of admiration for the excellent manner in which they manage and maintain their marina facilities. Thank you for the opportunity to comment on this matter. Yours very truly, WALTER E. GILLFILLAN CD �. aap67202.1w 1;0 �. CF m h n to Keawipmolack �p � �1� � Rewpaleeea�o.c� 3552 744 Coventry Rood C�\y', ` Newport Beach,CalBomle 92W3 {1Kentlnobn IWmM 94707 _._ IRS' - (714)a73.3918 O (AX(415)527-1038 1 �•�;?;:.n:e:3 37l3j ` 3 3 33tt1� i3,;�...,t%;I!�??;�jt,ii33�i�?,i�7�7 it�• •• ' ::i'•?ft'"''�:jit i f�l?, C� CY�i � C3alur.�b j:ii;':::•:?I•:••..i ;;?' ?"0: R9/P �rtlAc `�sr�(�l�CYY��*fCll�t� i�vs DR360 `.�3!:•;°j�!::��1)Ji{I 13 i�i 33iIi?!i?i'Ji I11 7�}•}i December 2, 1991 :The Honorable P. Sansone Mayor of Newport Beach •,;;,;.;;;;.!:;;;?;;,'•; ;?,;;;;;,. 3300 Newport Boulevard Newport Beach, Ca. 92663- Dear Mayor Sansone: I am writing to you to lend my support to the Castaways ;;;:•;;I: ii Marina project being proposed to city council Monday December 9, 1991 . Unfortunately other business commitments keep me from attending. am especially concerned by newspaper reports that claim .. .. that* the operation o'f• the: marina will have aeriou'9"negative • ;, :,;. : ;y;;;. '�effecifa. on ''the ia3.1•d1i8e, environment of •the baick bay: As a ' •j; ;; >i ;• memb@,r of Balboa Yacht Club and a .past Port Captain I. have first hand experience' with California Recreations ' meticulous construction and thorough management of their marina facilities . They are constantly patrolling and !}? 1??11?t!1 hlj policing their marinas to prevent spills, leaks, water waste rW and pollution. They forbid liveaboards . Their maintenance and preventative maintenance are impeccable and not only extend facility life but prevent accidents . With slip fees in Newport Beach the highest on the coast we sorely need additional slip spaces . I believe that boating has had a very positive effect on this city's past and will continue to have that same effect on our future. I hope that our city council with your leadership approves this project. ' r Sinc4 ly,��y��� �� sl 9 Stanley H. Bunker IN I �1 John W.Gates,CPA !' An Accountancy Corporation 330 North Brand Blvd.,Suite 1190 Glendale,California 91203 (818)9564681 FAX(818)956-0409 December 21 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Blvd. Newport Beach, CA ' 92663 RE: Castaways Marina Dear Mayor Sansone: As a current resident of the Bayshore community and. a renter of a boat slip within the Bayshore Marina; I would like to go on record as supporting the Castaways Marina proposed by the California Recreation Company for the following reasons: 1. There . are insufficient •boat slips within the Newport Beach +. ♦ • >. t:fiarea::? }.�CtsY: .K;:r}^'• '': 'Fk =i1 dy}n`+•,44%4yR•;4;t xe:`wi�d'l •,.t- '+• y');;'i+a'k)I �. J• a•'J.:. 'a.r ..• ♦��• ' �. ,C P' '�''"• ••i .fit'-... . ` �Crg`years.fac o.JT' lost my:"sl p• At..tha. Seth $1treiet;.Mixix�a and was':• '� {r f. . ,�: •.•ib' 1. 'X: i"fc �' )Y n Aide. N'!S!;1 �l�l ik 4h r,M1{�,1, I.,'n f•� 1' OWN vW •4),•1•� ti r• irz to 7' f }Y�tt•y�:� �`r'+'YI•Yt� •t drecd ,td�i'ease. s' ip1 i1z Sn'�laie�j�d`'�fbseven--�iontiis�t"irtt�� a. 'slip became available ai; tkie;Bayshore. Marina.'; 2. I have been a lessee of the Bayshore Marina for approximately p one year:^• .The^Bayshore: Marina :is,.operated by;,the:..California,.. . , Recreation Company and is• t)ie •cleanest•'and•' best maintained Marina that I have leased. ' The Marina is ' environmentally conscious and has taken great care to be certain that the lessees comply,with all, environmental standards. 3. The Bayshores community is in..-support of the Castaways' Marina and believes"that`it"Vill" + . . .,a•:al• ,. +n ,ro,x'n,n'„+}:u+l)/k{�r.5q,.trrn•1M..:;+TF'„�.,pa-l.'r!`+••diet'• .. r..,.u1vq Fur rr•re ;SN•r:o.�� ..v•V•r � . r y In summary;",I-•believe'"thaV,you'4should',,support the Marina, at your .' i nG . N A[nl}A drat. 'd'ik�'.• ♦NpaOA^+• sy.•:;, -4-4" next meeting'on`December• 9',.. 1991. Sincerely ..• , Jo n:.W:.. :Gates, CPA ',-'.: '•' =,n1'd,. .v:.rep., •.,., 4CrLG S�1 t):,',• I o ING.DEPARTME t. ') (ye :.ti.').'•", .uo rt{f.:w,y`�.eibvA t-:+'wS�•' 't� Yn..o 1. IaN _ v:•1.1:" . y,E{;.,<)•#it^'';.' +'bm^1;,{p. M,,,wa'f: ;.` .w .. . p NEI�IROitT gEA 4•' `s!� f,� tr', „'•c •„,,,JWG. O �,..,,..,r`: !i{ ;.,r,Etl xc•Y -.aq 4n1:^'!G:':i,s,>',fS�'',r Y 1,♦ r:: r,7•J: Ij�4 •ay.'•j:• - .::r. �,t.cl.'tii:.vFy 4t.`f,)^r�'r�'1' .ilHK a�'' �' �'�i,r;l;�.jia: .. •�i�• �'i�"' .''m,ti;,..,,+u<•a.> "ti;'. :,;.:.d4r8 '�r•G-S �'r '�,fi�b"�;�ar'i 4.,�;r.i'•P,"r �.'.. . '` ;,•, .-, %•,:{i' n rr. � '' iiL r <1, 1' 7:,CS y a {r• ).v •;il. ,�' .•",•::.K � "a;..`s'�, ,:<.� � , ;�,,��r i ���x�ti�•: '�•��•';-�,`�'�;-:��yy -� a� x �: �,�r :r},,,�,x ,.DE,G� �:r1;1991;.�1'�. � ':�f,��. !..`i.. 'F 1, r: n .S. ♦rvSiS �di f r rn �,� , t`i,T .l+a[•.. .r .+t",J. ,,'' t' •, i :+:i ,�,,.,r Y) {j 4 i... 1 j 1��1 � �:��:1, r' S�'jSr:��ht �'�•1 a �� �i11`+i�,ii"" -_�, )� , :;p.����;;r �`��;�� �eO'i a ;���....f.:.�`.•� � °',r �r j�y�9(���►�L.�F 1,�� �klk��'�r /y.� -► ?' :;tiiw'nafr�;.� �JjR•s ryil�: � ��rltt'1uv., F� S l�pN>'/tlli'r R. I`,i1� !i :p� .'P•, •.. .5 .v�,.�;:r',.�' i �' f'� l .( nF .w9 m'ik 'e♦'PI 1• 1`•�i:,:t n^ ' t b , t"'1i;'4: k.�1. The Honorable P. Sansone Toby E. Baker Mayor if Newport Beach 240 Nice Lane #108 3300 Newport Blvd. Newport Beach CA. 92663 Newport Beach CA. 92663 December 2 , 1991 Dear Sir: I am writing you in Support of the proposed Castaways Marina that California Recreation is planning to Build. I have been a Boat Owner in Newport since 1955 and I have to see a marina managed and maintained better or Cleaner than that of California. Recreation} Company. I don"t feel that •the• new' Marina will have a .negative impact : . on :the'. envionmelit:.`. A new igari'na 'would be a' nice addition. 3n keeping IJewport; �0st Hdjrbor: in Califorrii t1f'3N1NG �14ORT LiEACH 0. . PARTM EY ti ��^4'*Y OF N AM 111991 F� eke ' a 1 i t i 71g1g,10111112t ►23VO _ , � i�3 Now , Bermuda 'Dunes 79.050 AVENUE 42 •BERMUDA DUNES,CALIFORNIA 92201 17 141 345-2694 December 2, 1991 " The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Blvd. -Newport ,Beach, Ca. 92663 Dear Mayor Sansone: I am writing to you regarding the proposed Castaways Marina. It is my understanding that the California Recreation Company is being considered as the Developer. We have i been a tenant in that Company' s Bayshore Yacht Basin since 1973.' During :the past'eighteen years-.we Have- visite*a marin�ns 4.�I'virtuilly ,evei'y ,harbgr. from.'Sah Diego ,to Santa • st' .,, ' , :• Barbara•' ne'ludjiig a :temporary �n• n Newport during "the constru'ction''of the' riew.'slips , at Bayshore. ' I can say wi thout qua lif icati on tha t the California leanest and best Recreation Company marinas are the c , maintained an • ained of I have had occasion to visit during Y that period of time. Sine ly urs; n Is Du &e pF ^►,� 9 1 C,/yo��far 9y/. 10 DESERT BERMUDA DEVELOPMENT COMPANY A 0 Orange Coast Yachts Yacht & Ship `�Broker UM MUM* 714 675-3844 • FAX (714) 675-3980 201 E. Coast Hwy., Newport Beach, CA 92660 ( ) December 2 , 1991 S � EC J The Honorable P. Sansone, Mayor of Newport Beach �, CityMayor19gj�►�\ n And Members of the City Council 3300 Newport Boulevard Newport Beach, CA. 92663 Mayor P. Sansone and the Members of the City Council : On Thursday, November 21 , 1991 , the Newport Beach Planning Commission approved a development submitted by California Recrea- tion to build a marina. This development is referred to as the Castaways Marina on the Northeast corner of Pacific Coast Highway and ' Dover D.eiye .in' the •aity of Newport peach'. After many. ,hours spent- by your 'plarinin department i'n' stladyring •the•:' env.}ronmental , ' ' and' ecological. impact; : iepoAs• •and.• heitfi.rig ' testim'opy. for ' the';'. ' pix67 ic• ' sector ''of ' •the cbmmuhity; .:the " Planning .• Comiission 'has• ;; recommended you to approve the Marina development. : I strongly believe that the building of the Castaways Marina in this location is the right decision and would be a good deci- Sion by the city. I stated 'thi6 ' in• my letter of. November 17 , 1991 to the Chairman of the 'Planning • Commission (copy herein _ enclosed) . The•' decision to .build the. marina is the right thing to do. It ' is also cleai• to me' that the people behind 4he development, . California Recreat.j.on. Com•pany; a subsidy of the Irvine Company, are the best and most. .reputable people to build and operate this project . California Recreation Company which owns and operates, the marinas far the Balboa Yacht' •Club; Bahia. Corinthian Yacht CJuCi; .. .-ahaiJc 'Island Yacht. dlub;;;Btayshores •Mariiza, ' Balbga Marina . and Bayside 64'ara'na has the cleanest and 'safest'marinas. in 'N> wport Beach.. The California Recreation Company is very responsive to the needs of their tenants and the people around their marinas. Furthermore, they are always concerned about the environment and the pollution of that environment by their tenants. This is evident by their strict enforcement of those rules and regula- tions that will affect the environment. Mayor P. Sansone and the members of the City Council December 2 , 1991 Page 2 At this time , I would strongly recommend that you approve the building of the Castaways Marina, because it would benefit the citizens of Newport Beach, . And I strongly reiterate my contention that the people proposing to build and operate this marina are the right people for the development. Sincerely yours, Tad Fujita President , Orange Coast Yachts, Inc . Enclosure TF/msr c.v g ' ts- City a ayor Ab' i- ' � 14 zzl (dam/p cy �P��r�c-o�I /� /f /Je /� Y 29 air•' .�� " 71eo c� _ ..... .. .._.............. ... ... ...... ............. .:.... _..^. ._._....................... ... .... ...z::......s-:::•... .... ............. ..... 3 .._._•.... ...... ............. ......_.., ='" -� ^a .-.._•........................___. .....�.:.... ___::...::.... -..-................ ......:... ... . ......... ........... .. .. ._._._..•......_...•.. ..... ........ ....... .. ...... ._...... ...•...... .. ........ .... ..... ..... . .:.: �.. ._ .- .. .............. .......... ............ .... __ ............................ .. . .. ... - :. :.-r:�.........�::. :... ........:.-:. ......_.....-..........::... :ii-:: :•ice:.;.. . . .�_� ................... :...... l... ...........................�.-.................. . .. ....... ............_........ ... ::.a•c::::L!•i::'• ..,: _.r. .._.....__........................�.. .. ........ ............... .. .�a.................. .... . ...._........--._....`..__.............. ... .. .. ............................ ... .......... _.......::.%.—:: ::::.:::.............. . . • '•L ::.-. _.._...... ....... ..... .................._._..._....... ............ .. _ « ».. .. .. ........ ............ ... zS:iw}.==iiai'ti5'rd}itii::�:E: •":i;�� '. I _ iz,;?�:^::::is.i:::::-. - •.tea: .. . ,. . " Dr.Edwin U. Liu £ u`CG ~� 1510 Ashby Av. cny°'?- '9`97.Berkeley, CA 94703-2302 2 °^Ne"po,� �O telephone office(41 12 fax(415)744.1078 November 29, 1991 , . 101V,j4��"���t•': The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard �, ag,11J�11I����N� Newport Beach, CA 92663 Dear Mayor Sansone, I was employed by the Santa Ana Regional Water Quality - Control Board from 1986-1988 where I was the Newport Coordinator. During that time I worked closely with the City of Newport Beach on a number of water quality issues, including the problem of providing adequate pumpout facilities for Newport Bay. I have since moved to San Francisco where I am the Surface Water Monitoring Coordinator for EPA Region IX. I would like to make it clear•:that- 'the- cof=ents I. am. making are •my. personal ,opir}ions ••• a ' an'•enviro='eritdl' professibnal,'"'and• do'' n •represent ;any ;, •• • endar•'semghtd Qr the official; pogiti,dn.of, gL4y'regulatgiy "agenalc,• either' thc� Santa' And.Regiona]' Water." Quality. eontro•1 . Board -or the. Emrroninental Protection Agency..* . Eddie Powers has always been a cooperative and key player in the activities of the Santa Ana Regional Board and the City of•Newport .Beach. Harbot Quality Committee to secure adequate pumpout facilities for Newport Bay. ' In all the meetings that I attended, Eddie has always supported the addition of pumpouts to• Newport, and has always said that :'the 'California Recfeation.marina pumpouts would be public, for the use. of all* boaters ' in *Newport. The Regional Board Newport vessel. sanitation plans called• for locating pumpouts in strategic. geographic areas, . so boaters would not. have to travel far -to access pumpout* ' fac11" " * ., ,'an have easly.boatiag access.. r4ddie Powers' was an active partner in •developing the pumpout •plan for Newport, ' and committed a public pumpout at the Castaways Marina that would be constructed and maintained by the California Recreation Co. The Castaways location was considered important because it could provide service to Back Bay boats and also a number of boats from Bay Shores and Swales Marinas, and from private docks on Linda Isle and Balboa Island. Eddie Powers has always supported environmentally correct solutions to management of Newport Bay, and has worked long and hard at public meetings to help make those environmental decisions happen. He has supported both the Newport Beach Harbor Quality Committee and the Santa Ana Regional Board in their various water quality activities. The California Recreation policy of not allowing liveaboards at their marinas, and the cleanliness with which they maintain restrooms and other marina facilities is a model for Newport and the nation. I have no doubt that the high standard of environmentally correct management that is now being practiced at California Recreation marinas will continue in any of their other projects. I certainly miss all the good people at Newport Beach, and I am constantly looking for ways to support water quality issues in Newport Bay. It' s a big job to attempt to improve water quality in Southern California coastal waters, but with the energy of concerned citizens such as are found in Newport Beach, I know we can make a difference. Sinc rely, :.. .• • Liu,.* Ph..• Edw•in H. . Li .••, ' keg Ypnal' Mono t'oririg Coordiha cir . EPA Redion IX--California•, Hawaii Arizona and Nevada. I I h � • � h i A 199 1149. In,,4 y0,� — �?NOiiLG S/Ipce /9y6• Cysy�s� r /� `/� ,py-T t�/ � / \ .t.t��;.n;\....;t�(•4l;rr:r:�:N.fQ•fltH I.�4,vo i o e Aj }r V✓ s ff�i w D cB�s a,n: ,,::a:rt:=: :,t:;t,±:t;,,::, £ z` . • . t� fig�.3i�1£�Ova ���fi�'��ice.tE.x.��E� . � � ��.. . ..'.�. fry £ /3;- i,r, 7.1//9 you 7/0 fi6fi�,t.�/cam • ::::::::>. RD —7 .:a M:m ,:t:;:ti�,. ,;,:;rc.;:;, ;:Y';t;ni:; ;;;t±;t;: ;tIF q .,f, t•t: ?t€it'•; „'_' ..:i •t. ,..p't?.,,,.,,cti�iiii'••,.,�t.c• ?i..tt;;. " :•'I i.,,,i€ :`t•.c,;. ;;i€E€ ?i€€..::?i :•.t iteii E ±='i=;=t? ;;•? ,??!E' EEe:P;=;`c:c;.r;.;r€,;E===:i=:;==:etft=t•;.?, ?,I! ^ :;it? f?t;?te.:•E•:.;•;=, ;E .It;:;;!€=E,:••:•:,i?;?:,:! :.:::c: >:,€•:••.l:=:=; ,,.rc= f•Hill; rti;t,:t, tt'?E ,E if ?i.;•: j€If ?,t.,;;,IE?,:•:,•:.:i =•_„,;,�l.f,;.:..;;,t,tt; ,.,.; .},i?;:•:•. € •:•€; :;•;r,.,..: t Ef•.}} iE E_ =i ' 't;:,l;E E , t, _ ,;tf`,iE #`E t Ej(€'E`E,;.•;,ca>t;„!It€E€ €y!fi=?='c€t =tt!i tt't Ei'i;€f4?€€'"'i€€IE'E "'tti'4iE f't E1 tI '`(� €.t, t tI€€i?t k±;tiii+E€t i f €i€€II?iiiit E€ilEill?EiE iiEi({t l t€€lttf E?feRtt't.i iE Et itNii €IiiiNl i E f NEifii€€I i1Ei[Siktliii€€i€ i€iiii€tE;4;�i1fE€?Ii;isti€iiliEiiiii:€ €(ii(IttEitE=tlillff €i€uh€II€€€Ittt€IaIiEiEi€f€lft iEN�i lt€€€it�til=€i€if:t,n,r€ii,€�a.n1..€ ii1 JOHN A. SLAICH 2601 BAYSHORE DRIVE NEWPORT BEACH,CALIFORNIA 92660 714-548.7280 November 29, 1991 Mr. Philip Sansone Jt- Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, CtLlifornia 92663 Dear Mayor Sansone: Ref: ftetaways Marina Project After reviewing the plans for the new Cutaways Marina, I feel that the project should go forward as designed. There is a need for more slip spaces. Additional slips for rental will t$nd to balance the supply and demand factor, thus controlling the spiralling annual rent increases for existing slips. The installation of the piling and floats for the new marina will not inhibit navigation to the back bay. vassels traversing this area must stay in navigaliaejwater which is in the center of the .channel. .The area where the -marina •will be•• built is now shoal water not navigable for most vessels going to and returning from the-hack bay. I am- not a qualified environmentalist however during many trips to the back bay since 1930. I have never observed any one fishing in the area of the proposed marina. Fishermen seem to prefer the beach under the bluffs betrVeen the MastayagB Point and Drover Shores. I ' thieve that the Calidornia xearegtion C.bmpany is well qualified to build and operate the ahstaw$ys. Marina and that they should be allowed to proceed. . Rbapeetfully. submItted„ o c Co J.-A. glaicjA RECEIVED DEC 2 19916 DEC 3 1991 ot, "aor. Cm�K �, eWPorr, NEiYPogTg - /-: v ..� JOY 1• >!!3i11ji��ll��#j��yll!!!'p!'1�����!II31'11!����3��!���i����l""' • !3=! a1!!'!''!''`" !!!''�';i?!''!'7?3t!" '•• VINCENT JAMES MGGUINNESS .tti� 3� 11 V:•1li;:::i,!:i:' i,i'ii! , •,,:y � 1� �i! �� ���1 �!3�i1!i3jl,��t, �!��1!� �:3!i t�• j:y;!•!;:;;;�i.4'itiLii! i!ii!1..� !,,,i , ••: v�'. �(`• ' i;,i ?:;:::•!;?i ! > !!+;!:: •'i!'31„ . .:3:: November 27, 9 DEC, 19g1 m 10 The Honorable R. Sansone ::: r: •::::r :'is:':`:: .:':a:':' Mayor of Newport Beach 3300'Newport Boulevard Newport Beach, California 92663 Dear Mayor Sansone: It is my understanding that California Recreation Co. is applying for the operation of a new marina within the city limits of Newport Beach and that that new marina will be known as Castaways Marina. I have had extensive experience in interfacing with the people at :.California Recreation Co. as a user of their marina facilities-for ::rIi „!:i:•":>i�i ::.: :i:i !iis?ii�i ':: : :i:%i r• a con8iderabl0 number'bfyears:. Part (if those yearsI'was the owner of'a 50+ foot boat and in recent times I own a 23 foot boat. I have always felt that California Recreation Co. is extremely i •!;,;;;;,;;:isa,;,::,::!:•�!::; :::;,;::,:�:,,,,��>;�'•:•'••• environmentally conscious (in fact, I have had several conversations with Eddie Power on environmental issues over the years and I have determined that he is very sensitive to the environment and each of our responsibilities relative thereto). The restrooms at Bayside Marina are always impeccably clean and trouble free. The docks leading to the slips are always kept " in a clean and well-maintained condition. Overall, my experience with California Recreation Co. has been an excellent one. ±1 1 III���li�lll�����1�17j11���1.!j9i':•I1il�lilil��4,'•!l,��I>'j!!�' � � � li��lij,�'iii'!,! 111�iI i , !; •'f �3lii ... iil:,•i' �i': i i', ii �i? ? i�3: it _ ; i pi,•j' ;• •!ii; a3 The Honorable P. Sansone November 27, 1991 "� �'"'''� i1i 3 's:i i• Page 2 ::ii :i:iiii:i::.iyi:ie:ijii ;yL?i`:iii•i.ii:iii•;:;:. ..,,:.;.;:.•:,ri3iii';i :3i;:;;i1.;?ii•?ii:i As a member of the community, as a boat owner and as someone who cares about our environment, I would recommend ;;;>:•::•::.•> :.. California Recreation Co. in the highest possible manner as the • prospective operator of the Castaways Marina. Sincerely, Vincent J. cGuinness iiafll,?:A:iuri,iii;tiwiiliiiiniN,iiji?fj ijji;;j:;v?i: _ .~,,l r�•• ^� i iq,i..Jt;isir:r::;ij!ij.:i,;ae::hw::::ilfftySrlr.r _ .• .�/'••JI�1.•r 'McGUiNNESS 11W Newport Center Drive,Suite 200 Newport Beach,CA 92660 f ioq .ko aYo� 9914 4 h!Poolt November 27, 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92663 Dear Mayor & City Council: , I am writing to express my approval of The Castaways Marina. California Recreation Company are excellent neighbors and great people to do business with. I have lived in the Bayshore Community for 40 years and have rented a boat slip at their Bayshore Marina for over 20 years. California Recreation Companys' President, Mr. Ed Power is a real stickler about preserving the environment and maintaining their properties. Their restrooms and grounds are clean 365 days a year. I ask you and the City Council to approve this project as it will be a real asset to the City of Newport Beach. ` N. John R. Bertone 1. 2632 Circle Dr. Newport Beach, Ca. 3 1991 Dn1 CIT4 !R 00 martin j . jas a , inco GENERAL CONTRACTORS November 27, 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Castaways Marina i Dear Mayor Sansone: I would like to strongly urge your support December 9, 1991 of California Recreation Co's development proposal to construct the Castaways Marina located in your fine city. I an compelled to support California Recreation Co's endeavor because I have been a boat tenant in their marina since 1975. I find their personnel team to be very professional in the management and operation of their marina facilities. They truly are landlords that care for not only the upkeep of their marina facilities, it's surrounding environment, but the welfare of their tenants. It is my sincere hope that you will give California Recreation Co. , your positive consideration for their new facility. Very truly yours, MARTIN J. JASKA, INC. 1 M.40g:eJaska , cot ,"� President RECEIVED 3 1991 s :c� DECCo CLERK ' RMJ/mc rr CITY OF t S DEC 2 1991 a► It `y Mayor City 0 Newport 10723 BELL COURT•RANCHO CUCAMONGA,CA 91730•(714) 941-1500 FAX(714)941-1300 ,.,eepp//,�,,�� y _.. y d� !-f,'y,?i:',. a -. 5. :1 "ri4+,Cr:�•�s.,:",' a ."Lv; ,fit.,•':;,��.%n :f .�{.' P '!• S,.' ',r:':1:1�Y,.!S:h.���tlKar� �R63,{w-,•M�lr 7S:�T^j!ni�'E.�',n,{1°•t:4'.'', r -. ..y S,CMi Fa '�f.,µ'':..�` 1+d 1.'!•'"• ::, i�+' r( FI ,y,'•:��•L,�7.Wty+Y aii� 4.{ �:a ;, _ ., t�, � •k .y 'i` ' t. .. • tGk 't' -+y '-Y nr,•5' •' t "' ` . 'its %f`: • ' _„�C",'`:=t.j..u'�•'�!'2•� ' �•�', .i•. , .t' tea, `�., ( ;� . , •-y ' ': ,:. .; . - �s131P...e�Air.d ;A.±e.e. '� ,- . S .f . x ,• .a 4a•. ? �tN�� „�1j�?9�i`t'���3::, . . . ., Tr� .t'T`. >: . ., '•t, ' � ",',-• .. .,��. t;� ' l yr: s i�5::> . �' .'��'. .'E9' 'i,, <• _. 1� i?'j?� Eyt>ii!i•• ;t?iN'OVe�nl'er 1 `: t... R'r .� f-1,:, 1. ', 'o'•.a..it 1 .. '1.11r't•�- i l',Yorah4e P. r.$Sri Sa,3le� r' , . . •;a, ,: ,z. , s Kayor 'of h�zHPortt"Beach ` ;' i>µK'` „; =i'. ':�`• 33U0 •,New�or� Battle' GAit;C1i.�,t~- i . ; . . • � Y::� •..�",� ,� Ne\gpozG B'each Qa•1'rf:orynia,,9t�663.' t , y ,' ; G';: iE'i•.~ 'Dear .Siri s .:i: '' For- the:,pas,t' thir,•ty, yeAx-'$ we have had a• boat 'inoo,ved a't. ''ai;': E'•'•ts'tk:i: :. ' vaxiousc marinas '.i;r• ,Neipprt, Har'bor:• Fcir •the ; past �'our� '`ils'•'. r i{;S•!d 'f'iljliy. • te'ars• our; boat has peLi4-: .at" a Cal ' or' is Recreation Com}ia'n>' marina, , end,we bel•ici+e this marina. to be 'superior in ever 1. i13.;p,ii,L, ,i.;,• wa;V . ' The slips •docks" tnd,Crest-rdolgs 'are kept in 'escellera p con�iil i.on &L ' all , tfine'A -arid ' t'he maintenance crew•?; are i 'c6ope'3 -i� Ind 'de•pendab� We espec•iall,�' z p, ' impressed b� ' tl'ieir • e'ffo:rt to ' keep., tdie liarbor' c'le$i>". ex amplee, ,When, the 'sgaw6ed wild, otlier,'de'bris collect. Leh itd the ',c1Qc,)ss,` ' workme e n ,,a};gar' -with, net'§ ' to remove -i'ti the ';:I'` '•""i '' Compztn-Sr also,%has' '$i'rreri ;tis' ,hel�,f:ul"psi; 3'estions as to.•' the', „ ,'- • ;•;!:' colls'ervat on• ' of 'wttteXI) ,,." pro• ier' -•'ii s oea! of ckieuti zals , trash„ etc-i ti•e. ' o,pi'eci: te. .. their concern . • for cUr :: . �,i,;. �?Nt. rt `erit'iroXsmznt,• � _ ' ,' ti;i ;;;;;• ; :::° ,;. h`e str-otMjv ' urge. vo.0 ,to,,, support ,the -building of dalif'or:: a }?e'erdatyon, .�;ompanw;' s, proposed Castaway Mar,na. You ;can be sure 'i;t• be- -will .be'• n': facil3t�' •af ;wh; h all of us can ; e AIM,.lrttyfy:?Ii:�i .'i`- �1i�til ' 3 yv ! + •'`t ton 'n%, nL t dmpany % ' j' aii ::!? ohn i3'.:i`ca `bn', F'res .ae'` i :Exit• <>• .. • i,'E .d,; it>:i• tt :Y.. •yr, :'tL i�`i�C• •:IL i if• .ij:� i:i:i�t ••1: �'I:-:�.�: :;+a it i t;:• p. li 'i •t'%do- •)2:.:::::::::::};i•: t3 ? �•' i'i,, is t•:�i : tYs LIDO PENINSULA MARINE CENTER NEWPORT HARBOR SHIPYARD NOVEMBER 26, 1991 ' NEWPORT BEACH CITY TO: , THE HONORABLE P. SANSONE COUNCIL DEAR SIR: a IT IS ' MY 'UNDERSTANDING. THAT CALIFORNIA RECREATION CO. , EDWARD ' POWER AND ` STAFF WILL BE APPEARING BEFORE YOU ON DECEMBER 9, 8 ' 11991 TO SEOELKD{ POPERTY JUST A TIATi1PiYSkBLUFF $ROP ROVAL . OF THEIR RTY TO DVELOP HE I'ORE`USE 'AS.-A 38R$LIP MARINA ' •! .BELOW THE', h+�9hl61I}I9Y$+dr,;.}. .i '1 . i, 04, + :.'ri•.:r. .Ni•. •t.d•1••„ t . 1 : •:I r..�'ANrj,`A:Y`KCHT'ING`I'FACTTITY� "! •'J.}� t"•' . n-11'"l',!ASI'^THE -,NEED44FOR=a)SI+IP$'+lHAS•i.:XNCREkSEU„'AVER,THE YEARS, 3iERE ;TN ,-,THE •IP ""' "' HARBOR 'AREA;' IT'I°IS IMY"'STRONG 'BELIEF THAT THIS `$�20JECT. SHOULD'RECEIVE YOUR AND :WISH'•TO• GOON, RECORD AS A SUPPORTING THE PLAN WITH NO RESERVATION. , {• , I,'•P:' It,-1,.Itikr Ig.*jjiMANYil:'IiARBORld•.BUSINESSES;•RELY-a.ON.ItTHE:YACHT; SALES BUSINESS ,AND ,ANY ADDITIONAL SLIPS THAT WILL BECOME AVAILABLE WILL HELP OUR'.SALES 0AND PROMOTE MARE BOATING ACTIVITY IN• THE AREA"• INASMUCH AS "THERE WILL BE 'AMpLE 'PAI;KING PROVIDED "AND *NO ADVERSE TRAFFIC CONGESTION CREATED, T -SEE ,YJO•-REASON, TIiIS PLAN SHOULB NOT BE ALLOWED TO 'G0, FORTCAPD AS THE IRVINE ' COMPANY,•?HAS';ALWAYS DONE •AN 'EXCELLENT.JO•B, 'OF•BUILDING A PROPE9 AND• FIRST CLASS"•FACILITY.. ' { „ , a ;I•. a.! i i•. ;: c. .I! "IS`i')r , tflL ,r1 f9.)F Ak9 iI 19QIN.':FY''X.IR(9 h Y'lA,•atJ. ''.t,S�I rr,:>: -.L.ip•.•+{ �.. J{.i•- .i {;;;,'; Ire i ']qJ•.• i { itlyCP w,h• •1 OVl�Vfijtll'IN:IiP}Ni't.IGY,C•'f. .F F•. .•i� rL'll .1 •••.1..• ti'f'/•q•:•. {... I ..I A.iii.r.:11 u, r .. VERY •TRULY% F. 1 . -,-•. .In S: y(.{�SYy •P I m;-0.r. I: J .Cy. F,•'• � .. � ': 1 ��. .' i6,,.1:yaL.{f,{1�. .\•1 Y it (. 'yt,+. . 10 1' .. i• � aC 'n.; •1;.,�.._.; ',n. ., . .,., I t' •t .J, 'i0•• • .,y}'f•IJ'/,1 ,4:11 r 'i(i' •• .j'( _• L.ir �. s ' i ^.I•.I: : , 4 LATHAM, It. PERKINS i ♦ \• GENERAL MANAGER, RECEIVED `�' AEC i 1991 ,I ' , �': '�l.',1(s`, � ,al i•,II ...:!:,'i '� 1 ' t' '• �•y^jry;.,Q�� �,I, '• (� • ':'/� .� , 1p 'ii.i �!•, n}.,il.11 .Lv�1:4 .1 't' :ta ',i',I .iNE��81MII t } '�I i,A.'. u:..�}:41 ii,I,:/':I,:aI! ,`sil.h-Ik': i.l: :. 'StJlr'�t�"il it"I' 'I;. '4 Ir:•" , I : A. '!, t' A If f1l�:y :$ 1�j,,; `, I :pl.:,..,i: ' •'%•I..ii [li:•,"''i `V.rs'11}:•����.i?;n`iLll•'t j�..f{:;'i., !� 'p,J Ni ;d,^1: ei;?(II' �b,�3b`aI'!�I�IEfir�.li{'I !r.��ati� ,�'.•�+,: I• 'Ili{ t ' nl ..1;", "[1 �9 „t„ :.il�. t; :F�!::'• I'{t .t,i ;: : p •;.j:,. ..i� •,., �';'. � 'I �;Y..i:;;ii'.'q�r. al 1(�,�� 9�I► ', S ii,t -,,{; „i. �' . Ij: '{,�,., �. il.(T�7� ,j 1' e.D:�Jev•.,.. vi, A; ii � �' •j•. � I KI ;!`+: �yQI' ' n. Y �� .� I(, I�i•I.i.�, '1491 .i (f ,il' ;!)) ''.�,G.y,Iva ' ��1•, 11„i;is�.! rl I.1 .2 , t` rl ;r FI t Af�ryy�.I-'In .; �� 11 ^L .,1 1 I .I •Y 1 M a hl yt 11' (. 17�tI; iaa }'}pl!'' nl );! ..i if ^e ^�t11 .t }•t lj,�, 'CI;: i - Fii.:4, Il: Ij I ,� �r,{ 1 2i1�J. i t , v_.{I, `N. N ��,.. ':#r �I��' .1 � 1 Ir �'.t:,:•:,.j ryl ,t � - •.I»�: •'l�i},{t� r, �1yt'� {t! N::i�I t , y ,i' �a'"•ij.'ii{I ''h'3�iI��'((nnlll''����,�I ,'i:•9ya':i � t�l�:�1• ,W S t• `I.`v �q�i: Y��ttil`•{'���' /��\ `I� � �• ,q „C�� 11 � Y S 1 ����.'}.11f.J�#t"��71i1• I 44 4 ,1 nj' .1 f ,4, I '' ' I � i ���F'•�' �'��ll� ,,,�a_,,pl,elr nlw 4 W IYI :C1 1 6� R' 9 r 'OPJi : •�675=255Wf�lli4'i, faeMft fi�c51.}j A{�AyA .1 November 26, 1991 ccittp, � 1X]ri�r^ •' The Honorable P. Sansone ��� £Rx Mayor of Newport Beach to015, 3300 Newport Boulevard x�V( 'SOcH Newport Beach, California 92663 Dear Sir: I am writing in support of the California Recreation Co. 's Castaway i Marina Protect. The need for additional slips in Newport Beach has never been greater. ngo Newport area. Boats have and alwayswill be as a fine teaniimportanta tion d fish- ing of the ing city 's charm. I own a residence at 2541 Bayshore Drive in Bayshores , right behind the California Recreation Co. 's Bayshore Landing. I have also had a boat in the landing since 1953. We are all fortunate to have a Marina operator that ins such t Is always clean, well -maintained aand a a i patrolledbypersonablene y =and responsible employees in order to enforce all -marina regulations as well as City, State, and County water pollution regulations. My family has lived and vacationed in Newport Beach since 1909, and so I certainly would not want anything done to the bay that would harm it. I believe that because of the more responsible use of boats by boat owners and the better management of boat yards and marinas, the bay today is cleaner than ever. i The addition of a new state-of-the-art marina in Newport Harbor, to I be planned, built and managed by such a responsible company as Calif- ornia Recreation, can do nothing but benefit the Harbor, people who live here, property values , and business in the area. I believe that it would be a mistake at this time not to take advan- tage of the opportunity to have this fine new marina. Very truly yours, Milton S. $tier, Jr,/ 477 Esther Street Costa Meea, CA 92627 i (714) 548-5171 i "a'ital�KULB�R[s�:Rt�U� �i 27710 Jefferson Avenue,Suite 301 \ Temecula, California 92390 (714)676-4646 \ FAX(714)699-5236 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Sansone: We have been leasing a slip in Newport Beach through California Recreation Company for over 15 •years, both at Balboa Marina and Bayside Marina. We have always found them to be environmentally conscious and feel they manage some of the cleanest marinas in Southern California. The docks, restrooms and parking lots are very well maintained. We stongly support the new.Castaways Marina and feel California Recreation Company would do the same great job running it as they have their other marinas. Sincerely, Doug Zberg� DEtm CLERK Pat Kulberg CMGF ' NEWF9RF BFACN 2 cb 1991-. .1 • � ti IZ N cy rr� , g TOOLEY & COMPANY v�C ' DEVELOPMENT•LEASING•MANAGEMENT �� t ••�. rji� C , %97 f November 26, 1991 fI , ',t 'Cho honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Ref: CASTAWAYS MARINA Dear Mayor Sansone: It has come to my attention that the City Council of Newport Beach will be meeting to discuss the projected construction of a new 121 slip marina. I would like to go on record by saying that I feel this is a worthy project, one which not only would create jobs, but would provide a needed service in Newport Beach. It is difficult, speaking from my own experience, to obtain quality, well maintained slips in any location. The waiting lists are lengthy and sometimes it takes months to obtain a slip. Also, I am well the Recreation, and presentlyd h havemy b atatn manager, California oneoftheirmarinas. California Recreation is a well regarded as a management company. The Marina is well maintained, the restrooms are always clean and they are very environmentally minded. I feel they are a Class A- 1 management group and will provide a good addition to the Newport Beach Marina. If you have any questions, or if I can be of further assistance, please give me a call at (213) 382-8211. Cordially, illiam L. Too e RECEIVER WLT:ar DEC 3 1991 RK CC: California Recreation Company Ccm1rcOF . NflYppBT BE4CH ;'�.' . 3303 WILSHIRE BOULEVARD•LOS ANGELES,CAUFORNUC90010.2131332.8211 •FAX 2131382.9808 1 l ' '3�1��'�I'i33aii'i33! i':,�1ii33`! . • .' � w • � + iii it CHARLES M. JOHNSON S C DEC 6 O 1 ,q City %N�k'AOIY CHARLES M. JOHNSON �� �;�3'};3;:;:;i;:••••' 2030 IAAIN STREET. SUITE GOO IRVINE. CALIFORNIA 92714 November 26, 1 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Dear Mr. Sansone: I am writing in support of the California Recreation '; `• ;• s93j Company's request for approval to build a new marina ; - ! '•'•';; by. the Back Bay bridge. iiiiijsi3;iiit;;;;:i!!3i!i';!i '• As my two partners and myself own a 40' boat, we are keenly aware of the paucity of slips in Newport Harbor • ::_::::!::: !'•'•! 3!':i•'''•' for boats of our• size. Unlike.the east coast where • t :: ;;:;:!3 ; ; there are -omple'bays and:harbors-in *which to. build. ipar3nas;,'Aur California'coastline,• coupled• with' a "a•:;'; "'•;; !;;!!;•.!; very difficult entitlement process for marina Building, is:;i€ :'si's3!•'•i;:3!;; ; .. has 'given' marine' operators a• supply which is far' less :•3•?!!:o-s!::>=!'s! ; ;i: than the market demand ergo constantly rising slip rentals. This represents a precious opportunity to •.,I.,,,ni'•r�rr ='�i�!�;3+ build new slips on the siteofwhat was formerly a :+!. :;s3r:• !!?;!:;lai,;:t:::,� marina (albeit slightly larger) and can only serve to assist in meeting the strong demand of California citizens who require such facilities so as to be able it to enjoy our beautiful Pacific waters. it I might also add that as a Corona del Mar resident, I have rented a slip from California Recreation for the past 13 years and have found them to be excellent stewards of not only their customers' interests'but also the environment that they have a duty to protect. Please review their request in a favorable light as I can promise you• that it will be much appreciated by myself and others in Newport's active boating community. Sincerely, I�� WILLIAM D. SAMPSON 2521 Bayshore Drive Newport Beach, CA 92663 714/548-5205 November 25, 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Castaways Marina Dear Mayor, I wish to take this opportunity to tell you that I am totally in favor of the development of the area designated as the Castaways Marina. Newport Harbor is without a doubt the finest small craft i harbor to be found probably in the world. We have a tremendous population base that would participate in boating but can't because of the lack of facilities. The California Recreation Co. [The Irvine Co. ] is the finest developer/operator of.marina facilities to be found in . the business. I can safely make this statement because I live across the street from their marina in Bayshores and it is meticulously maintained. In fact, as I write this letter, three of their employees are painting all of the metal weeks ago railings and the buildings on their property. Two they relandscaped in front of our homes with 3000 square feet of sod and an automatic sprinkler system. I also have previously kept a boat at their Bayside Marina by Balboa Island. Once again, I can -report that the restrooms and docks were always in perfect condition. The dockmaster inspected every slip daily. since there is an overwhelming demand for marinas, and since the Irvine Company has a logical location to develop a marina and California Recreatioh Company does such an strongly urge dour tossional support and voteob of pinafavormoflthe, I Ln strongly q Y p � Castaways Marina. �-\y10 � sincerely, � Z 14. y A9 �l"O s ,, 9 1 �roaea�facC • 7//1750-3656 November 25, 1991 The Honorable P. Sansone Mayor of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear Harrorable Sansone: I am a long term resident of Newport Beach and have kept my boat at a California Recreation Marina for a number of years. The facilities are always kept in excellent repair, well lit for safety and the public restrocros are very clean. The proposed Castaway Marina is one that fits the needs and image of our boating ccmtmity. I believe it will add additional revenue to our city without irkairing our cmxxrm of environmental safety. I respectfully request Your approving the won of this project. Sincerelyo / Don Goldman RAC 3�01 eewto0 S ?r'rl_Cr,�JO�F THEE AYOR c M DES SENT TO: "• []:ounoilmon ❑Manager []Attorney Vity clerk Otber I G 7 I Q C�111K�.Cr�lN►1�N November 25, 1991 Hon. Phil Sansone, Mayor City of Newport Beach PO Box 1768 Newport Beach, CA 92658-8915 Dear Mayor Sansone: On Thursday, November 21, 1991.- the Planning Commission met to consider a proposal by California Recreation to construct a marina below the Castaway's site. Curci-Turner Co. has operated a marina in Newport Beach since 1949 and understands the demand to provide additional docking space for Orange County residents who wish to secure a place to berth their boats. We believe that this proposed facility will help to provide much needed mooring space and urge you to support this project. Very truly yours, LIDO YACHT ANCHORAGE RECEIVED L. curci DEC 3 1991 - DF J 1991 D` 8 1991 2sSr0BI BFACH '�cWPpRI Bum to C�' of �9'9 Curci-Turner Co. Post office Box 1549, Newport Beach,California 92659 717 Lido Park Drive, Lido Peninsula, Newport'Beach,California 9.2663 7 Phone: 714/673-1060 Facsimile:714/673-2080 Keyes and Associates Corporate/Personal Insurance November 25, 1991 The Honorable Phil Sansone Mayor of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Good A,ftemcon Mayor Sansone: Kindly allow this note to serve odost rs endorsement and support for the liday wishes to You and Ca tawaysur fine lMarina Project on theCounc 1 s Dec. 9th agenda. Needless to say, the operaticm and management. by CalRec would bt: superior, mmitment to=thenvironment, and the beauty of especially considering their co their other Marina's. As a Ion - "e boat€ TeT d. ends aoh Newport B to the heartily encourage your pe `fforts. Y City. ¢�': �yi .. n/t• �P Kind regards, IMP Vincent ichael Keye , Jr. vNIv1 1`\ yPIWZL 74� l�II 2030 East Fourth Street • Suite 255 • Santa Ana, California 92705 — r 7blephone 714-547-8031 0 800-427-8788 9 FAX 714-836.9224 . JAMES W. LEISNER '4872 Basswood Lane, Irvine, California 92715 • telephone (714) 786-4440 November 18, 1991 The Honorable Phil Sansone Mayor City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re. Castaways Marina Proposal Dear Mayor Sansone: I strongly recommend that the City Council approve the California Recreation Company's proposal for the Castaways Marina project, for the following reasons: 1. severe slip shortage- During the thirty years that I have been a Newport Harbor slip renter, there has always been a shortage of slips for all boats, but particularly those of 38 feet to 45 feet in length in Newport Harbor. I This shortage has caused excessive slip rental price inflation for boaters and lost potential sales for boat dealers, during a period of phenomenal population and recreational growth in the City and County. 2. operator's reputation- Over my more than fifty years in boating, California Recreation Company stands out to me as the best marina operator and developer by far. Mr. Edward V. Power and his staff at the California Recreation Company have proven that they are most able and willing to work with the public in providing them with attractive, efficient and environmentally sensitive marina projects. , I have reviewed the plans and frequently cruise my electric bay boat throughout Upper Newport Bay. I am concerned about ecological issues and believe that such a marina as this and continued periodic dredging will enhance the quality of the Upper Newport Bay environment. CO Sincerely yours, RECEIVE© DEC 3 1991 mes W. Leisner C"Mm190 MY OF City Of ®► I J UM A'e w'-, Tn /1 7