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Home My WebLink About20201210_ZA_Staff Report CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 10, 2020 Agenda Item No. 8 SUBJECT: Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Coastal Development Permit No. CD2020-143 Mitigated Negative Declaration No. ND2019-002 SITE LOCATION: Bridge to span Superior Avenue north of West Coast Highway Intersection Parking lot and recreation area at northeast corner of intersection and bounded by West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset View Park APPLICANT: City of Newport Beach OWNER: City of Newport Beach PLANNER: Chelsea Crager, Associate Planner 949-644-3227, ccrager@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: PR (Parks and Recreation) Zoning District : PR (Parks and Recreation) Coastal Land Use Plan Category: PR (Parks and Recreation) Coastal Zoning District: PR (Parks and Recreation) PROJECT SUMMARY A request for a coastal development permit to allow the demolition of the existing surface parking lot and the construction of a new 130-space surface parking lot, with pedestrian/bicycle concrete bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park. The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8-foot maximum height permitted by Newport Beach Municipal Code Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from Title 21 development standard, pursuant to Section 21.52.030. The project complies with all other applicable development standards. The project site is partially located on Sunset Ridge Park, which is within the California l require their review. permit authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code). 1 Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Zoning Administrator, December 10, 2020 Page 2 Tmplt: 05/27/20 RECOMMENDATION 1) Conduct a public hearing; 2) Adopt Draft Zoning Administrator Resolution No. _ adopting Mitigated Negative Declaration No. ND2019-002 and approving Coastal Development Permit No. CD2020-143 (Attachment No. ZA 1). DISCUSSION Background The Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project includes a new pedestrian and bicycle bridge across Superior Avenue, a larger replacement parking lot, and open space improvements to Sunset View Park. The primary goals of this project are to improve safety and access to Sunset Ridge Park and to increase parking availability. The project site is currently developed with a 64-space flat surface parking lot and passive open space at Sunset View Park. The project site is located at the northeast corner of the West Coast Highway and Superior Avenue intersection, approximately 1,000 feet from the coastline. Due to the proximity to the coast, this area receives a significant amount of pedestrian and bicycle traffic. Sunset Ridge Park, which is located across Superior Avenue, was constructed in December 2014 and is a 13.7-acre active park with a baseball field and two soccer fields. Due to coastal permitting constraints, Sunset Ridge Park was constructed without an on-site parking lot. Visitors to Sunset Ridge Park currently use the existing 64-space flat surface parking lot and cross Superior Avenue via an at-grade crosswalk. The existing public parking lot primarily serves visitors to the beach and Sunset Ridge Park. The area between the existing parking lot and Sunset View Park is currently undeveloped. On November 19, 2019, City Council approved the conceptual design for the project and approved its associated Mitigated Negative Declaration (MND). included waiving Zoning Code development standards and use permit requirements, and approval of a Professional Services Agreement with Dokken Engineering to prepare the project plans. 2 Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Zoning Administrator, December 10, 2020 Page 3 Tmplt: 05/27/20 Land Use and Development Standards The project site is located at the northeast corner of the West Coast Highway and Superior Avenue intersection. Except where the bridge crosses Superior Avenue, the project is located on properties within the PR (Parks and Recreation) Coastal Zoning District, which is intended to provide for areas appropriate for land used or proposed for active public or private recreational use. Parking facilities and passive parks are allowed uses in this coastal zoning district. A coastal development permit is required for development in the coastal zone and for the request to deviate from development standards. The property is not eligible for a waiver for de minimis development because the property is in the Coastal Commission Appeal Area. The property is located within the Shoreline Height Limit Area, where the base height limit for nonresidential structures is 26 feet for structures with flat roofs and 31 feet for structures with sloped roofs. The height may be increased up to a maximum of 32 feet with a flat roof or 40 feet with a sloped roof with approval of a coastal development permit. In this case, the request is that height be increased to approximately 29 feet for the bridge structure. This height is necessary to provide a walkable bridge with an America Disabilities Act (ADA) compliant 2.4 percent slope from the parking lot to the park and to provide sufficient vertical clearance under the bridge to Superior Avenue and sidewalks below. The structures to the north of the project are developed at a higher elevation than the proposed bridge; therefore, the proposed bridge does not appear out of scale with the surrounding development. The proposed project includes retaining walls up a height of 25 feet to support the new surface parking lot, to achieve sufficient vertical clearance under the proposed bridge, and to support the expanded passive open space at Sunset View Park. Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the Newport Beach Municipal Code (NBMC) - (Fences, Hedges, Walls, and Retaining Walls) limits the height of retaining walls to eight feet measured from finished grade at the base of the wall, not including any required guardrails. Section 21.52.090 (Relief from Implementation Plan Development Standards) of the NBMC (Relief from Implementation Plan Development Standards) provides standards and approval findings for relief from the development standards of the Implementation Plan when doing so is consistent with the purpose of the certified Local Coastal Program and will not have an adverse effect on coastal resources. Approval findings include a determination that there are practical difficulties and special circumstances associated with the property, and that the approval will not negatively affect environmental or coastal resources. Staff believes all required findings for approval can be made and is recommending approval for the reasons detailed in the attached resolution. 3 Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Zoning Administrator, December 10, 2020 Page 4 Tmplt: 05/27/20 Hazards The property is in an area known for the potential for seismic activity. All projects are required to comply with the California Building Code (CBC) and the Building Division standards and policies. Geotechnical investigations are required to be reviewed and approved prior to the issuance of a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. Public Access The project site is not located between the nearest public road and the sea or shoreline. The site does not currently provide vertical or lateral access to the waterfront, nor would it provide access under the proposed conditions. Vertical access to the beach is available via street ends throughout the Balboa Peninsula ability to gain access to, use, and/or view the coast. The development includes the demolition of an existing 64-space flat surface public parking lot and the construction of a new 130-space surface public parking lot. The result is a net gain of 66 parking spaces, thereby increasing public access to the coast by providing additional parking opportunities in the area. Further, the open space area of Sunset View Park will be expanded as a part of the project, providing additional public space to passively recreate and additional coastal view opportunities. The project site is located adjacent to Sunset View Park and Sunset Ridge Park, both identified as coastal viewpoints by the Local Coastal Program maps. Superior Avenue, is identified as a coastal view road. The bridge is designed to be mindful of view lines and the potential for visual obstruction. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant. ENVIRONMENTAL REVIEW November 19, 2019, the City Council adopted Resolution No. 2019-102 certifying Mitigated Negative Declaration No. ND2019-002 for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot project, approving a mitigation monitoring and reporting program (MMRP) that was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3. The project reviewed under the MND included a new pedestrian/bicycle steel truss or concrete case- in place bridge approximately 260 feet long and 14 feet wide that crosses Superior Avenue, a new larger parking lot with approximately 128 parking spaces, a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, extension of upper Sunset View Park (open space, earthwork, grading, and retaining walls, landscape and irrigation improvements, and other amenities including a drop-off area, bicycle fix-it 4 Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Zoning Administrator, December 10, 2020 Page 5 Tmplt: 05/27/20 station, and a drinking water fountain. The project also proposed possible extension of an access road through the parking lot to connect to the Hoag Memorial Hospital property The current project proposes minor changes to the 2019 Project, including an updated bridge design. The new bridge design is a single span concrete arch bridge that is approximately 200 feet long and 18 feet wide. The bridge will not require any mid-span piles to support the bridge. Due to the differences between the Original Project and the proposed Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot project, an addendum to the MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the State CEQA Guidelines. The City retained Chambers Group to prepare the addendum because they prepared the MND for the Original Project. The MND addendum does not identify any component of the the environment per CEQA guidelines. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: This action shall become final and effective 14 days following the date the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the 13120, and Section 30603 of the Coastal Act. For additional information on filing on appeal, contact the Planning Division at 949-644-3200. Prepared by: 5 Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Zoning Administrator, December 10, 2020 Page 6 Tmplt: 05/27/20 MS/cc Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 MND Addendum No. ND2019-002 ZA 4 Project Plans 6 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING MITITGATED NEGATIVE DECLARATION ADDENDUM NO. ND2019-002 AND APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-143 FOR THE DEMOLITION OF AN EXISTING SURFACE PARKING LOT AND THE CONSTRUCTION OF A NEW PEDESTRIAN/BICYCLE BRIDGE, SURFACE PARKING LOT, AND IMPROVEMENTS TO OPEN SPACE AND GRANTING RELIEF FROM THE DEVELOPMENT STANDARDS OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN AT SUPERIOR AVENUE NORTH OF THE WEST COAST HIGHWAY INTERSECTION AND THE NORTHEAST CORNER OF INTERSECTION, BOUNDED BY WEST COAST HIGHWAY, SUPERIOR AVENUE, HOAG LOWER CAMPUS AND SUNSET VIEW PARK (PA2019-014) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by located at the northeast corner of Superior Avenue and West Coast Highway, 424- 041-13, 424-041-11, 424-041-12, 424-042-02, 424-042-03, and 424-041-09, requesting approval of a coastal development permit. 2. The Applicant proposes a coastal development permit to allow the demolition of the existing surface parking lot and the construction of a new 130-space surface parking lot, with pedestrian/bicycle concrete bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park. The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8-foot maximum height permitted by Newport Beach Municipal Code (NBMC) Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from the Title 21 development standard, pursuant to Section 21.52.090. 3. The project site is partially located on Sunset Ridge Park, which is within the California jurisdiction and will therefore require a separate coastal development permit . This coastal development permit is intended to cover the portions of the project within the it authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code). 4. Except where the bridge crosses Superior Avenue, the subject property is located within the PR (Parks and Recreation) Zoning District and the General Plan Land Use Element category is PR (Parks and Recreation). 8 Zoning Administrator Resolution No. ZA2020-### Page 2 of 12 5. The subject property is located within the coastal zone. Except where the bridge crosses Superior Avenue, the Coastal Land Use Plan category is PR (Parks and Recreation) and the Coastal Zoning District is PR (Parks and Recreation). 6. A public hearing was held online on December 10, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID- 19. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. On November 19, 2020, the City Council adopted Resolution No. 2019-102 adopting Mitigated Negative Declaration No. ND2019-002 for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project, approving a Mitigation Monitoring and Reporting Program (MMRP ) that was prepared in compliance with the California set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Policy K-3. The project reviewed under the Mitigated Negative Declaration (MND) included a new pedestrian/bicycle steel truss or concrete case-in place bridge approximately 260 feet long and 14 feet wide that crosses Superior Avenue, a new larger parking lot with approximately 128 parking spaces, a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, extension of upper Sunset View Park (open space, earthwork, grading, and retaining walls, landscape and irrigation improvements, and other amenities including a drop-off area, bicycle fix-it station, and a drinking water fountain. The project also proposed possible extension of an access road through the parking lot to connect to the Hoag Memorial Hospital property . 2. The current project proposes minor changes to the 2019 Project, including an updated bridge design. The new bridge design is a single span concrete arch bridge that is approximately 200 feet long and 18 feet wide. The bridge will not require any mid-span piles to support the bridge. Due to the differences between the Original Project and the proposed Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot project, an addendum to the MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the State CEQA Guidelines. The City retained Chambers Group to prepare the addendum because they prepared the MND for the Original Project. The MND addendum does not identify any component of the project that the environment per CEQA guidelines. 3. The addendum to the MND, including the MMRP, is hereby recommended for adoption by the Zoning Administrator. The addendum to the MND and all materials, which constitute the record upon which this decision is based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 9 Zoning Administrator Resolution No. ZA2020-### Page 3 of 12 SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015(F) (Coastal Development Permits Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The neighborhood is developed with a variety of uses, including residential uses to the north and southwest, commercial uses to the south, Sunset Ridge Park to the west, and Hoag Hospital to the west. The proposed design, bulk, and scale of the development is consistent with and complementary to the existing, varied neighborhood pattern of development. 2. The property is in an area known for the potential for seismic activity. All projects are required to comply with the California Building Code (CBC) and the Building Division standards and policies. Geotechnical investigations are required to be reviewed and approved prior to the issuance of a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance, consistent with the requirements of NBMC 21.30.015(E) - (Development in Shoreline Hazardous Areas). 3. The project site is located adjacent to Sunset View Park and Sunset Ridge Park, both identified as coastal viewpoints by the Local Coastal Program maps. The bridge is designed to preserve the view lines and minimize the potential for visual obstruction. The proposed bridge does not block the public views of the coast from the higher elevations of either park. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant. 4. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because the development contains more than seventy-five (75) percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP/WQMP) was prepared by Dokken Engineering, dated September 2020. The final WQHP/WQMP will be required to be The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, treatment control, best management practices (BMPs), use of a low-impact development approach and bioretention system to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be required to comply with the approved WQHP/WQMP prior to the issuance of building permits. Finding: 10 Zoning Administrator Resolution No. ZA2020-### Page 4 of 12 B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. The site does not currently provide vertical or lateral access to the waterfront, nor would it provide access under the proposed conditions. Vertical access to the beach is available ability to gain access to, use, and/or view the coast. 2. The development includes the demolition of an existing 64-space flat surface public parking lot and the construction of a new 130-space surface public parking lot. The result is a net gain of 66 parking spaces, thereby increasing public access to the coast by providing additional parking opportunities in the area. Further, the open space area of Sunset View Park will be expanded as a part of the project, providing additional public space to passively recreate and additional coastal view opportunities. 3. The project site is located adjacent to Sunset View Park and Sunset Ridge Park, both identified as coastal viewpoints by the Local Coastal Program maps. The bridge is designed to be mindful of view lines and the potential for visual obstruction. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant. Finding: C. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. With exception of the variance to the retaining wall height, the proposed development complies with and is consistent with the certified Local Coastal Program (LCP). See Facts in Support of Findings A and B above. 2. The project includes retaining walls up to 25 feet in height. These retaining walls are necessary to support the new surface parking lot, to achieve sufficient vertical clearance under the proposed bridge, and to support the expanded passive open space at Sunset View Park. Retaining walls less than 25 feet would not support the 11 Zoning Administrator Resolution No. ZA2020-### Page 5 of 12 proposed project. 3. The project is designed to preserve the existing view lines and minimize the potential for visual obstruction. The bridge does not block the public coastal views from either Sunset Ridge Park or Sunset View Park. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant. Therefore, the project will have no detrimental effect on coastal view resources. Finding: D. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. The project site features unique topography. The west side of Superior Avenue features an upward sloping grade that follows the incline of Superior Avenue, with a 64-space flat surface parking lot and a dirt mound near the northernmost edge of the project site. Significant earthwork and grading is necessary to create a project site suitable for the larger, 130-space surface parking lot. Further, the grade of the site must be raised to allow the construction of the pedestrian/bicycle bridge between the subject site and the higher grade of Sunset Ridge Park. The passive recreation area at Sunset View Park is at a higher elevation than most of the project site, and the extension of this open space area, offering public coastal views, requires raising the grade around the existing dirt mound, and retaining walls to support this feature. 2. The strict application of the retaining wall height limit results in physical hardships inconsistent with the intent and purpose of the LCP and would restrict the ability to construct a pedestrian/bicycle bridge across Superior Avenue, by preventing the bridge to be built with appropriate slope for pedestrians and bicyclists crossing the bridge. The taller retaining walls have no detrimental effect on environmental or visual resources that the development standards are intended to protect. Section 21.52.090(B)(1) (Relief from Implementation Plan Development Standards) of the NBMC specifically allows modification or waiver of development standards through approval of a coastal development for projects that will not have an adverse effect on coastal resources. 12 Zoning Administrator Resolution No. ZA2020-### Page 6 of 12 Finding: E. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F) (Coastal Development Permits Findings and Decisions). Facts in Support of Finding: 1. The project conforms to applicable sections of the LCP in that public coastal views and public access will not be negatively affected. The project includes the adopting of an addendum to the previously adopted Mitigated Negative Declaration, and specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. Therefore, the project will have no detrimental effect on coastal resources. 2. The project site is not located between the nearest public road and the sea or shoreline. The project site is located north of West Coast Highway, approximately 1,000 feet from the coast. 3. All Facts in Support of Findings A and B above are hereby incorporated by reference. Finding: F. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Facts in Support of Finding: 1. The property is located north of West Coast Highway, approximately 1,000 feet from the coast. Direct coastal access is currently provided and will continue to be provided by street ends throughout the Balboa Peninsula. The project includes the demolition of an existing 64-space flat surface parking lot and the construction of a new 130-space surface parking lot. This larger public parking area will provide increased public access to the nearby coast as well as to both Sunset Ridge Park and Sunset View. There are no public trails or coastal bluffs located on the project site. 2. Facts in Support of Finding B.1 and B.2 are hereby incorporated by reference. Finding: G. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Fact in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference. 13 Zoning Administrator Resolution No. ZA2020-### Page 7 of 12 Finding: H. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species. Fact in Support of Finding: 1. The project site currently contains a surface parking lot, developed landscaping, a dirt mound, and some undeveloped open space. An analysis of potential impacts to biological resources is included in the MND, and specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. Therefore, the project will have no detrimental effect on coastal resources. Finding: I. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. Facts in Support of Finding: 1. Approval of the coastal development permit will not be contrary to the applicable policies of the Coastal Land Use Plan intended to protect coastal resources. Policy 4.4.1-6 of the Local Coastal Program states that public coastal views must be protected from several roadway segments in the City, including the segment of Superior Avenue abutting the project, which is designated as a Coastal View Road. The increased height of the retaining walls supporting the project does not impede views of the coast from Superior Avenue. 2. Approval of the coastal development permit will not be contrary to Policies 4.4.1-2 and 4.4.1- 7 of the Local Coastal Program, which state that new development, including landscaping, should be designed and sited so as to minimize visual impacts to public coastal views, and to frame and accent public coastal views. The retaining walls and the development they support will include drought-tolerant landscaping which will maintain the aesthetic character of the area. 3. The granting of the coastal development permit to allow the increased retaining wall height is consistent with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standards), which provides for relief from development standards for projects that will have no detrimental effect on environmental or visual coastal resources. In accordance with Section 21.30.060(C)(3) (Required Findings) of the NBMC for increased height limits, the base height limit for nonresidential and mixed-use structures with flat roofs is twenty-six (26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet. The height of a nonresidential structure within the Shoreline Height Limit Area may be increased up to a maximum of thirty-two (32) feet with a flat roof or forty (40) feet with approval of a Coastal Development Permit. In this case, the Applicant requests that height be increased to approximately 30 feet for the bridge, which is regulated as a flat structure. In accordance with 14 Zoning Administrator Resolution No. ZA2020-### Page 8 of 12 Section 21.30.060(C)(3) (Height Limits and Exceptions - Required Findings) of the NBMC for increased height limits, the following findings and facts in support of such findings are set forth: Finding: J. The project is sited and designed to protect views to and along the ocean and scenic coastal areas; and Fact in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference. Finding: K. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and Facts in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference. 2. The bridge design is a single span concrete arch, which is specifically designed to complement and be compatible with the surrounding development. The single span eliminates the need for a mid-span support, which otherwise would have required a support in a median of Superior Avenue. The bridge is further designed without any roof or shade cover, which keeps the profile of the structure low in this scenic area. 3. The Project does not affect existing public views and does not detract from the character of the area. The overall project height is below the maximum permitted with approval of a coastal development permit. The proposed bridge spans across Superior Avenue, which slopes steeply up to the north. Properties to the north of the project site are developed with finished grades higher than the top of the proposed bridge, and the bridge will not appear out of scale or character with surrounding development. Finding: L. Where feasible, the project will restore and enhance visual quality in visually degraded areas. Fact in Support of Finding: The property is currently developed as a surface parking lot with developed landscaping, a dirt mound, and some undeveloped open space. The proposed project has been designed to harmonize with and enhance the surrounding development by maintaining a low profile, avoiding a midspan support for the bridge, and including drought tolerant landscaping throughout the project. 15 Zoning Administrator Resolution No. ZA2020-### Page 9 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby adopts the Mitigated Negative Declaration Addendum No. ND2019-002 (SCH No. 2019099074), as depicted in 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-143, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF DECEMBER, 2020. _____________________________________ Jaime Murillo, Zoning Administrator 16 Zoning Administrator Resolution No. ZA2020-### Page 10 of 12 CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). There shall be no further encroachment that extends beyond the current structural footprint of the residence. 2. Revisions to the approved plans shall require separate review by the Planning Division and may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 3. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 4. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 5. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 6. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle 17 Zoning Administrator Resolution No. ZA2020-### Page 11 of 12 maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 7. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 8. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 11. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. Prior to issuance of a building permit, a copy of the Resolution, including conditions of 13. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 14. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 15. Coastal Development Permit No. CD2020-143 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 16. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of 18 Zoning Administrator Resolution No. ZA2020-### Page 12 of 12 action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including whatsoever which may arise from or in any manner r approval of Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project including, but not limited to, Coastal Development Permit No. CD2020-143 and Mitigated Negative Declaration No. ND2019-002 (PA2019-014). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 19 Attachment No. ZA 2 Vicinity Map 20 VICINITY MAP Coastal Development Permit No. CD2020-143 and Mitigated Negative Declaration No. ND2019-002 PA2019-014 Bridge to span Superior Avenue north of West Coast Highway Intersection Parking lot and recreation area at northeast corner of intersection and bounded by West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset View Park Subject Property 21 Attachment No. ZA 3 MND Addendum No. ND2019-002 22 SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT PROJECT MND ADDENDUM Newport Beach, CA (Orange County) Prepared for: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: CHAMBERS GROUP, INC. 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707 September 2020 23 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 ii TABLE OF CONTENTS SECTION 1.0 – INTRODUCTION ........................................................................................................... 4 1.1 OVERVIEW/PURPOSE .................................................................................................................... 4 1.2 CEQA REQUIREMENTS .................................................................................................................. 4 SECTION 2.0 – PROJECT DESCRIPTION ................................................................................................. 5 2.1 PROJECT BACKGROUND................................................................................................................ 5 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS ........................................................................ 5 2.3 PROJECT DESCRIPTION ................................................................................................................. 6 2.3.1 Construction Activities/Equipment .................................................................................. 6 SECTION 3.0 – ENVIRONMENTAL DETERMINATION ........................................................................... 11 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: .............................................................. 11 3.2 DETERMINATION ........................................................................................................................ 11 SECTION 4.0 – CHECKLIST OF ENVIRONMENTAL ISSUES ..................................................................... 12 4.1 AESTHETICS ................................................................................................................................. 12 4.2 AGRICULTURE & FORESTRY RESOURCES .................................................................................... 16 4.3 AIR QUALITY ................................................................................................................................ 18 4.4 BIOLOGICAL RESOURCES ............................................................................................................ 21 4.5 CULTURAL RESOURCES ............................................................................................................... 29 4.6 ENERGY ....................................................................................................................................... 30 4.7 GEOLOGY AND SOILS .................................................................................................................. 31 4.8 GREENHOUSE GAS EMISSIONS ................................................................................................... 35 4.9 HAZARDS AND HAZARDOUS MATERIALS.................................................................................... 36 4.10 HYDROLOGY AND WATER QUALITY ............................................................................................ 38 4.11 LAND USE AND PLANNING ......................................................................................................... 42 4.12 MINERAL RESOURCES ................................................................................................................. 43 4.13 NOISE .......................................................................................................................................... 44 4.14 POPULATION AND HOUSING ...................................................................................................... 46 4.15 PUBLIC SERVICES......................................................................................................................... 46 4.16 RECREATION ............................................................................................................................... 48 4.17 TRANSPORTATION ...................................................................................................................... 49 4.18 TRIBAL CULTURAL RESOURCES ................................................................................................... 50 4.19 UTILITIES AND SERVICE SYSTEMS ............................................................................................... 52 4.20 WILDFIRE..................................................................................................................................... 54 4.21 MANDATORY FINDINGS OF SIGNIFICANCE ................................................................................. 55 SECTION 5.0 – REFERENCES .............................................................................................................. 62 24 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 iii FIGURES Figure 2-1 - Project Site ................................................................................................................................. 7 Figure 2-2– 2019 Project Bridge Design ........................................................................................................ 8 Figure 2-3– Updated Bridge Design .............................................................................................................. 9 Figure 2-4 -- Bridge Rendering .................................................................................................................... 10 Figure 4-1: Updated Bridge Design Ocean Viewpoint ................................................................................ 15 Figure 4-2: West Coast Highway Pedestrian Bridge Location ..................................................................... 60 Figure 4-3: West Coast Highway Bridge Viewshed ..................................................................................... 61 TABLES Table 4-1: General Plan and Coastal Land Use Policy Consistency: Aesthetics .......................................... 12 Table 4-2: General Plan and Coastal Land Use Plan Consistency Analysis – Water Quality Control .......... 41 25 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 4 SECTION 1.0 – INTRODUCTION 1.1 OVERVIEW/PURPOSE This addendum to the Final Mitigated Negative Declaration for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (2019 MND) (SCH 2019099074) analyzes potential environmental impacts that would result from changes to the original project description and cumulative conditions since certification of the 2019 MND. The 2019 MND for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project was certified by the City of Newport Beach (City) on November 19, 2019. Since the 2019 MND approval, the City has proposed minor design changes to the bridge. In addition, a future project is being considering in the same area that would be considered a cumulative project, which was not a known future project at the time of approval. 1.2 CEQA REQUIREMENTS In order to satisfy the conditions set forth in §15162 through §15164 of the State CEQA Guidelines, the City has used Appendix G of the CEQA Guidelines for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Addendum Project (proposed Project or Addendum) to make the following determinations: Ø No substantial changes are proposed in the Addendum that require major revisions to the original Final Mitigated Negative Declaration (MND) prepared by the City due to the involvement of significant environmental effects or a substantial increase in the severity of previously identified significant effects; Ø No substantial changes will occur with respect to the circumstances under which the proposed Project is undertaken, and no major revisions to the Final MND will be required; and Ø No substantial new information has been provided that would require a major revision to the Final MND. Based on the information incorporated and the changes associated with the proposed Project, there are no conditions that would require the preparation of a subsequent or supplemental MND pursuant to §15162 through §15164 of the CEQA Guidelines. 26 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 5 SECTION 2.0 – PROJECT DESCRIPTION 2.1 PROJECT BACKGROUND The City of Newport Beach (City), as the lead agency under the California Environmental Quality Act (CEQA), has prepared this Initial Study (IS) to evaluate the potential environmental impacts associated with the revisions to the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (proposed Project). The proposed Project involves several alterations to the approved pedestrian and bicycle bridge and parking lot located at the intersection of Superior Avenue and West Coast Highway in Newport Beach, California. An MND was completed in November 2019 for the original project (2019 Project). The 2019 Project found that due to its location close to the coast, the area receives a significant amount of pedestrian and bicycle traffic. Visitors to Sunset Ridge Park use the existing parking lot across Superior Avenue and cross at the at-grade Superior Avenue/West Coast Highway intersection because no on-site parking is provided at Sunset Ridge Park. The 2019 Project involved a new pedestrian/bicycle Steel Truss or Concrete Cast-in Place bridge approximately 260 feet long and 14 feet wide that crosses Superior Avenue, a new larger parking lot with approximately 128 parking spaces, a stair case from the bridge down to the corner of Superior Avenue and West Coast Highway, extension of upper Sunset View Park (open space), earthwork, grading, and retaining walls, landscape and irrigation improvements, and other amenities including a drop-off area, bicycle fix-it station, and a drinking water fountain. The 2019 Project also proposed a possible extension of an access road through the parking lot to connect to the Hoag Memorial Hospital property. The 2019 MND found that impacts to biological resources, cultural resources, hazards and hazardous materials, and tribal cultural resources would be mitigated to less than significant impacts and all other impacts would be less than significant. 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS The proposed Project is located at the intersection of Superior Avenue and West Coast Highway within the City of Newport Beach and is located approximately 1,000 feet from the coastline (Project site) as shown in Figure 2-1: Project Site. The 2019 Project is expected to start construction in mid-2021 and therefore, the site is in the same existing condition as it was prior to approval of the 2019 MND. This includes an existing City-owned parking lot with 64 metered parking stalls located at the northeast corner of this intersection. The existing Superior Parking Lot is approximately 0.64 acres, with the driveway to the parking lot at approximately 0.17 acres. Access to the existing parking lot is available via an entrance off Superior Avenue for vehicles, and via a concrete pathway from the intersection of Superior Avenue and West Coast Highway for pedestrians and bicyclists. Directly east of the existing parking lot is an undeveloped piece of land with steep slopes with ground elevations ranging from approximately 10 feet near West Coast Highway to approximately 75 feet near Sunset View Park based on the North American Vertical Datum of 1988 (NAVD 88), with some existing vegetation. The entire Project site is within the boundary of the coastal zone as established by the California Coastal Act and is therefore under the land use planning and regulatory jurisdiction not only of local government agencies but also the California Coastal Commission (Commission). The City of Newport Beach Local Coastal Program includes a Coastal Land Use Plan and Local Coastal Program Implementation Plan (City 27 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 6 of Newport Beach 2017a, City of Newport Beach 2017b). The Coastal Land Use Plan sets the goals, objectives, and policies that administers uses of the land and water within its sphere of influence (excluding Newport Coast and Banning Ranch). The Coastal Land Use Plan is divided in subsections for land use and development, public access and recreation, and coastal resource protection (City of Newport Beach 2017a). The purpose of the Local Coastal Program Implementation Plan is to implement policies of the California Coastal Act to protect, maintain, enhance, and restore the coastal zone environment. Site development must be consistent with the requirements of the Local Coastal Program and Coastal Act. Properties and land uses adjacent to the Project site include Sunset Ridge Park, Sunset View Park, Villa Balboa and Newport Crest residential communities, and the lower campus of Hoag Hospital. A shopping center and the Lido Sands residential community are located to the south across West Coast Highway from the Project site. 2.3 PROJECT DESCRIPTION The proposed changes to the 2019 Project, as shown in Figure 2-2: 2019 Project Bridge Design, would be minor and include an updated bridge design as shown in Figure 2-3: Updated Bridge Design. The bridge would be a single span concrete arch bridge that would be approximately 200 feet long and 18 feet wide as shown in Figure 2-4: Bridge Rendering. The height of the bridge will be approximately 20 feet above the asphalt surface, and the bridge structure, including the projectile barrier, is approximately 11 feet tall. In addition, the bridge will not require any mid-span piles to support the bridge. All other aspects of the 2019 Project including landscaping, the parking lot, and extension of upper Sunset View Park (for passive recreation) would remain the same. 2.3.1 Construction Activities/Equipment Construction of the proposed Project is scheduled to begin in mid-2021 and reach completion in approximately 14 to 18 months. Since existing recreational activities occur at Sunset Ridge Park (soccer in the Fall and baseball in the Spring), construction activities would be scheduled during low usage months to avoid recreational events, or these events could be relocated to an alternate location temporarily if alternate/temporary parking cannot be allowed closer to the park. The timing of work and construction equipment needed will remain the same as what was proposed in the 2019 MND. In addition the staging area, sidewalk closures, and excavation of soils would not change from what was analyzed in the 2019 MND. 28 ^^ Kern Los Angeles Riverside San Bernardino San Diego Santa Barbara Ventura Project Location M e x i c o M e x i c o1:24,000 1:5,000,000 Figure 2-1 Project Location Map Name: 21169 PLAN Fig 2-1 Location & Vicinity.Mxd Print Date: 9/26/2019, Author: pcarlos Project Location Project Location 0 150 30075 Feet ´ Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 7 Figure 2-1 - Project Site 29 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc.211698Figure 2-2– 2019 Project Bridge Design 30 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc.211699Figure 2-3– Updated Bridge Design 31 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc.2116910Figure 2-4 -- Bridge Rendering32 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 11 SECTION 3.0 – ENVIRONMENTAL DETERMINATION 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a “Potentially Significant Impact," as indicated by the checklists on the following pages. For each of the potentially affected factors, mitigation measures are recommended that would reduce the impacts to less than significant levels. The mitigation measure recommended are the same as those included in the 2019 MND, as no new impacts would occur. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology /Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities /Service Systems Wildfire Mandatory Findings of Significance 3.2 DETERMINATION On the basis of this initial evaluation: The 2019 MND followed the 2019 CEQA Checklist thresholds. For purposes of analysis, the 2020 CEQA Checklist thresholds were utilized to evaluate the proposed Project. Analysis of the proposed Project indicates that no substantial changes are proposed in the Project that would require major revisions to the original Final MND. Based on the information incorporated and the changes associated with the proposed Project, there are no conditions that would require the preparation of a subsequent or supplemental EIR pursuant to §15162 through §15164 of the CEQA Guidelines. 33 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 12 21169 SECTION 4.0 – CHECKLIST OF ENVIRONMENTAL ISSUES 4.1 AESTHETICS 1. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Have a substantial adverse effect on a scenic vista? (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a) Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. The 2019 MND found that the installation of the bridge would be unlikely to cause obstructed views from any of the existing scenic viewpoints because of its height and location. Under the proposed Project, the type of bridge would be updated to a single span concrete arch bridge design. Similar to the 2019 Project, the bridge design would not obstruct the views of the ocean as shown in Figure 4-1: Updated Bridge Design Ocean Viewpoint. Under the proposed Project, the bridge would be approximately the same height, but the design would be approximately 120 square feet smaller than the approved 2019 Project. Similar to the 2019 Project, the proposed Project would be consistent with the General Plan and the Coastal Land Use Policy Consistency for aesthetics and shown in Table 4-1: General Plan and Coastal Land Use Policy Consistency: Aesthetics. Table 4-1: General Plan and Coastal Land Use Policy Consistency: Aesthetics Policy Consistency with Policy General Plan NR 20.1: Enhancement of Significant Resources Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. Consistent. The proposed Project would not result in the significant obstruction of scenic and visual resources. The proposed Project would provide pedestrians and bicyclists a safe access to coastal views along Superior Avenue. 34 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 13 21169 Policy Consistency with Policy General Plan NR 20.3: Public Views /Coastal Land Use Plan 4.4.1-6 Protect and enhance public views from the following roadway segments, and other locations may be identified in the future. Superior Avenue from Hospital Road to Coast Highway Consistent. The proposed Project would not result in the significant obstruction of public views along the Superior Avenue roadway segment from Hospital Road to (West) Coast Highway. The proposed pedestrian bridge would provide additional access to coastal views. As shown in Figure 4-1, the bridge does not obstruct views of the ocean for existing scenic viewpoints due to its height and location. General Plan NR 20.4: Public View Corridor Landscaping/Coastal Land Use Plan 4.4.1-2 and 4.4.1-7 Design and site new development, including landscaping, on the edges of public view corridors, including those down public streets, to frame, accent, and minimize impacts to public views. Consistent. The proposed Project was sited and designed to minimize impacts to public views, and will include drought-tolerant landscaping in the parking lot, which will maintain the existing aesthetic character of the area. General Plan NR 20.5: Public View Corridor Amenities/ Coastal Land Use Plan 4.4.1-10 Provide public trails, recreation areas, and viewing areas adjacent to public view corridors, where feasible. Consistent. The proposed Project would be consistent because of the addition of a pedestrian bridge which would provide additional viewing areas for coastal views and access to locations designed to contain viewing areas. Coastal Land Use Plan: Coastal Resource Protection 4.4.1-1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Consistent. The proposed Project has been designed such that views of the Pacific Ocean and from Coastal View Points and roads will not be impacted. The proposed Project would not impact harbor or coastal bluffs as none are in the area. Coastal Land Use Plan: Coastal Resource Protection. 4.4.1-4: Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas. Consistent. The proposed Project would include the addition of a pedestrian bridge which would provide access to locations designed to contain viewing areas. Coastal Land Use Plan: Coastal Resource Protection 4.4.1-9: Design and maintain parkway and median landscape improvements in public rights-of-way so as not to block public coastal views at maturity. Consistent.The proposed Project provides access to locations designed to contain viewing areas. The bridge would provide access to unobstructed views of the coastal areas. The landscaping will be maintained to not block coastal views. Coastal Land Use Plan: Coastal Resource Protection 4.4.2-1: Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3 of the Coastal Land Use Plan, except for the following sites: Marina Park at 1600 West Balboa Boulevard, and the Former City Hall Complex at 3300 Newport Boulevard and 475 32nd Street. Consistent. The Single Span Concrete Arch bridge design will be 11 feet tall with a superstructure approximately 20 feet above asphalt surface. Per the requirements of the Coastal Land Use Plan, and the Newport Beach Municipal Code 21.30.060.D.16, it allows structures owned, operated, or occupied by the City to exceed the height limit subject to the approval of a coastal development permit where the increase in height is necessary to accommodate design features required for a facility or structure to function. The 35 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 14 21169 Policy Consistency with Policy installation of the pedestrian bridge must be built and designed to allow vehicles to access Superior Highway and West Coast Highway while providing a safe access route for pedestrians between the parking lot and Sunset Ridge Park. The installation of the bridge would provide additional unobstructed views of the coast; and the bridge would not cause obstructed views from any of the existing scenic viewpoints because of its height and location. Therefore, impacts would be less than significant. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less than Significant Impact. The 2019 MND found that the although Pacific Coast Highway is listed as an eligible scenic highway – not officially designated, the 2019 Project would not substantially damage scenic resources. The 2019 Project’s potential shade structure from the bridge was found to be 10 to 15 feet in height and would be designed to protect public coastal views. The bridge associated with the proposed Project would be approximately 40 to 80 feet less in length than the bridge associated with the 2019 Project, slightly wider than what was previously analyzed at 18 feet wide. In addition, the shade structure noted in the 2019 Project is no longer proposed. The height of the bridge at 11 feet in height is within the range (8 to 16 feet tall) that was analyzed for the 2019 MND. Therefore, the updates associated with the proposed Project would not introduce new impacts to scenic resources near or within a state scenic highway and no major revisions to the 2019 MND will be required and impacts would remain less than significant. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than Significant Impact. The Project is in an urbanized area. The 2019 MND found that although the 2019 Project would alter the existing visual character, that impacts would be considered less than significant. The presence of a pedestrian and bicycle bridge would not conflict with existing zoning regulations for Parks and Recreation as Accessory Structures and Uses are allowed with a Minor Use Permit (City 2020, Chapter 20.26.020). As previously mentioned, the bridge associated with the proposed Project would be approximately 40 to 80 feet less in length and 2 feet greater in width than the bridge associated with the 2019 Project. Therefore, the updates associated with the proposed Project would not introduce new impacts to the visual character or quality of public views and no major revisions to the 2019 MND will be required and impacts would remain less than significant. 36 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc.1521169Figure 4-1: Updated Bridge Design Ocean Viewpoint37 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 16 21169 d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant Impact. The 2019 MND noted that current light sources exist within the Project site and that construction and operation of the 2019 Project would add some new temporary and long term lighting sources. The 2019 MND also noted that the bridge may be a source of glare depending on the design, material, and color, but that impacts would be less than significant. Similar to the 2019 Project, the proposed Project construction activities would occur predominantly during daytime work hours (7:00 a.m. to 4:30 p.m.); however, occasional nighttime work could be required to minimize public inconvenience. It is anticipated that Superior Avenue could potentially be closed at night to accommodate the installation of the proposed bridge’s superstructure. Similar to the 2019 Project, the proposed Project would comply with the City of Newport Beach Municipal Code 21.30.070 and 20.30.070 Outdoor Lighting standards for parking lots and other manmade objects to reduce the impacts of glare, light trespass, over lighting, sky glow, and poorly shielded or inappropriately direct lighting fixtures. Compliance with these standards would also promote safety and encourage energy conservation (City of Newport Beach 2019a). The proposed Project would not add additional lighting or material that may result in glare that would be different from the 2019 Project and therefore, no major revisions to the 2019 MND will be required and impacts would remain less than significant. 4.2 AGRICULTURE & FORESTRY RESOURCES 2. AGRICULTURE & FOREST RESOURCES. (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 38 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 17 21169 (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? (d)Result in the loss of forest land or conversion of forest land to non-forest use? (e)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or the conversion of forest land to non-forest use? a)Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? No Impact. The 2019 MND noted that the Project site would not involve the conversion of farmlands to nonagricultural uses because no such lands are located in the area. The proposed Project would occur in the existing footprint of the 2019 Project, which is located within a highly urban area of the City; no new areas have been newly designated as farmland. No major revisions to the 2019 MND will be required and there would be no impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The 2019 MND noted that the Project site is not located within an area zoned for agricultural lands and Williamson Act contracts do not occur on this property and therefore no impacts would occur. The proposed Project would occur within the existing footprint of the 2019 Project, and the Project would remain consistent with the current uses and zoning onsite. No new areas have been newly designated as farmland and no major revisions to the 2019 MND will be required. c)Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The 2019 MND concluded that the Project site is not zoned as forest land, timberland, or timberland zoned Timberland Production. The proposed Project would remain consistent with the site uses and zoning. No new impacts would occur. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As previously noted, the 2019 MND concluded that no forest land exists on the Proposed Project site. The proposed Project remains consistent to what was analyzed as the footprint would remain the same. No new impacts would occur and no major revisions to the 2019 MND will be required. 39 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 18 21169 e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or the conversion of forest land to non-forest use? No Impact. The 2019 MND concluded that the proposed Project is not located on lands designated for agricultural or forest uses. The proposed Project remains consistent to what was analyzed as the footprint would remain the same. No new impacts would occur and no major revisions to the 2019 MND will be required. 4.3 AIR QUALITY 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Conflict with or obstruct implementation of the applicable air quality plan? (b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? (c) Expose sensitive receptors to substantial pollutant concentrations? (d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? The proposed Project site is located in the City of Newport Beach within the County of Orange. The proposed Project site is located within the South Coast Air Basin (Air Basin), and air quality regulation is administered by the South Coast Air Quality Management District (SCAQMD). The SCAQMD implements the programs and regulations required by the federal and state Clean Air Acts. An air quality analysis was conducted for the 2019 Project. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. CEQA requires a discussion of any inconsistencies between a proposed Project and applicable general plans and regional plans (CEQA Guidelines Section 15125). The regional plan that applies to the proposed Project includes the SCAQMD AQMP. Therefore, this section discusses any potential inconsistencies of the proposed Project with the AQMP. The purpose of this discussion is to set forth the issues regarding consistency with the assumptions and objectives of the AQMP and discuss whether the proposed Project would interfere with the region’s ability to comply with federal and state air quality standards. If the decision-makers determine that the proposed Project is inconsistent, the lead agency may consider project modifications or inclusion of mitigation to eliminate the inconsistency. The SCAQMD CEQA Handbook states that “New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency 40 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 19 21169 with the AQMP.” Strict consistency with all aspects of the plan is usually not required. A proposed Project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. (2) Whether the project will exceed the assumptions in the AQMP in 2010 or increments based on the year of project buildout and phase. Both of these criteria are evaluated in the following sections. Criterion 1 - Increase in the Frequency or Severity of Violations? Based on the air quality modeling analysis prepared for the 2019 Project, it was determined that short- term construction impacts, and long-term operations impacts would not result in significant impacts based on the SCAQMD regional, local, and toxic air contaminant thresholds of significance. The Project as proposed, would result in an updated design which includes a smaller footprint for the bridge which would ultimately result in less construction than the 2019 Project. Criterion 2 - Exceed Assumptions in the AQMP? The City of Newport Beach General Plan define the assumptions that are represented in the AQMP. The 2019 Project consisted of construction of a pedestrian and bicycle bridge overcrossing Superior Avenue and a new larger parking lot. The proposed Project includes minor modifications including a change in the design of the bridge. The majority of the Project site is designated as Parks and Recreation (PR) in the General Plan and is zoned Parks and Recreation (PR). It should be noted that the proposed pedestrian bridge would span Superior Avenue, which consists of public right-of-way that does not have a land use designation in the General Plan and is not zoned. The proposed Project is consistent with the current land use designations and would not require a General Plan Amendment or zone change. In addition, project construction would be required to comply with SCAQMD Rules and Regulations, including Rules 402 and 403 that controls the emissions of air contaminants, odors and fugitive dust. Therefore, based on the above, the proposed Project is not anticipated to exceed the AQMP assumptions for the Project site and is found to be consistent with the AQMP for the second criterion. Based on the discussion above, the proposed Project will not result in an inconsistency with the SCAQMD AQMP. Accordingly, the proposed Project would not conflict with or obstruct implementation of the applicable air quality plan. Impacts would continue to be less than significant and no major revisions to the 2019 MND will be required. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. The 2019 MND analyzed construction and operation related impacts related to air quality. The 2019 MND concluded that impacts during construction and operation 41 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 20 21169 of the 2019 Project would not exceed SCAQMD thresholds and would therefore result in less than significant impacts. The Project as proposed, would result in an updated design which includes a smaller footprint for the bridge which would ultimately result in less construction than the 2019 Project. Operation of the proposed Project would be identical to that of the 2019 Project. Impacts would continue to be less than significant and no major revisions to the 2019 MND will be required. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The nearest sensitive receptors to the Project site are multi-family homes located as near as 165 feet to the south and 220 feet to the northeast and single-family homes located as near as 300 feet to the southwest of the proposed area to be disturbed as part of the proposed Project. As discussed above in (b), the local concentrations of criteria pollutant emissions would be less than those of the 2019 Project. Less than significant criteria pollutant concentrations would occur during construction and operation of the proposed Project. Given the relatively limited number of heavy-duty construction equipment, the varying distances that construction equipment would operate to the nearby sensitive receptors, and the short-term construction schedule, the proposed Project would not result in a long-term (i.e., 70 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk. In addition, California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449 regulates emissions from off-road diesel equipment in California. This regulation limits idling of equipment to no more than five minutes, requires equipment operators to label each piece of equipment and provide annual reports to CARB of their fleet’s usage and emissions. This regulation also requires systematic upgrading of the emission Tier level of each fleet, and currently no commercial operator is allowed to purchase Tier 0 or Tier 1 equipment and by January 2023, no commercial operator is allowed to purchase Tier 2 equipment. In addition to the purchase restrictions, equipment operators need to meet fleet average emissions targets that become more stringent each year between years 2014 and 2023. Therefore, similar to the 2019 MND, no significant short-term toxic air contaminant impacts would occur during construction of the proposed Project. The proposed Project would not expose sensitive receptors to substantial pollutant concentrations, and no new impacts would occur and no major revisions to the 2019 MND would be required. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. Similar to the 2019 Project, any diesel equipment used during construction of the proposed Project would consist of mobile equipment that would be changing locations, allowing the odors to disperse rapidly and not impact any nearby receptors. Should diesel equipment be required during maintenance at the proposed Project site, it would also change locations, allowing the odors to disperse rapidly and not impact any nearby receptors. The Project site would not introduce any other objectionable odors. Therefore, construction and operation of the proposed Project would not create objectionable odors affecting a substantial 42 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21 21169 number of people, and impacts would be less than significant. No new impacts would occur and no major revisions to the 2019 MND would be required. 4.4 BIOLOGICAL RESOURCES 4.BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Have a substantial adverse effect, either directly or through habitat modifications,on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? A site survey and literature study were conducted for the 2019 Project in June 2019 in the form of a Biological Resources Technical Report and Jurisdictional Delineation Report. Additionally, a focused survey within areas determined to be suitable habitat for the California Gnatcatcher was completed. The results of these studies are further described below. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than Significant Impact with Mitigation. As previously mentioned, a Biological Resources Technical Report and Jurisdictional Delineation Report were previously prepared for the 2019 Project. 43 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 22 21169 Special Status Animal Species Occurrences The biological report prepared for the 2019 Project concluded that of the 34 special status wildlife species with known records of occurrences in the survey area identified during the literature search, two regional sensitive wildlife species have a potential to be present within the proposed Project footprint, the coastal California gnatcatcher (CAGN) and burrowing owl. The coastal California gnatcatcher is a federally listed threatened species and a California Species of Special Concern. Known occurrences of this species are within one mile of the survey area; however, the habitat within and directly surrounding the proposed Project footprint is sparsely vegetated and is composed of open, low lying shrubs providing poor quality nesting habitat for this species. Two adult CAGN individuals were observed foraging in the western edge of the 500-foot buffer near the western edge of Sunset Park during the surveys conducted on August 13 and 21, 2019. No individuals were observed within the 500-foot buffer during the last survey on August 29, 2019. The two individuals were observed utilizing the area within the 500-foot buffer for foraging, no active nests or nesting behavior was observed within the buffer area. Both individuals would fly over to the southwest portion of the 500-foot buffer from Newport Banning Ranch area located west of Sunset Ridge Park to forage briefly and then return to the Newport Banning Ranch area for extended lengths. The habitat within the Newport Banning Ranch area consists of moderate to high quality. The suitable habitat that occurs within the 500-foot buffer consists of moderate to low quality habitat near the western edge of the buffer area and decreases in value to low quality throughout the areas surrounding Sunset Ridge Park (north, south, immediately west and east of the park) and within the Project site. The habitat within the majority of the 500-foot buffer and the Project site is low quality, consisting primarily of low-lying shrubs with an average height of 1.5 to 2 feet and is sparsely vegetated with patches of bare ground intermixed throughout. The areas surrounding Sunset Park and within the proposed Project site are lacking the higher density vegetation and mature shrubs that is required by this species for nesting. Therefore, it is likely the CAGN are utilizing the western edge of the buffer area for foraging only and nesting in the Newport Banning Ranch area, outside of the 500-foot buffer. No CAGN were observed flying or foraging closer than 480 feet to the proposed Project site; therefore, no impacts to CAGN are anticipated to occur as a result of proposed Project activities. The burrowing owl is a California Species of Special Concern. This species inhabits dry, open, native or non-native grasslands, deserts, and other arid environments with low-growing and low-density vegetation. It may occupy golf courses, cemeteries, road rights-of way, airstrips, abandoned buildings, irrigation ditches, and vacant lots with holes or cracks suitable for use as burrows. Burrowing owls often are found within, under, or in close proximity to man-made structures. Prey sources for this species include small rodents; arthropods such as spiders, crickets, centipedes, and grasshoppers; smaller birds; amphibians; reptiles; and carrion. Threats to the burrowing owl include loss of nesting burrows, habitat loss, and mortality from motor vehicles. Low quality habitat occurs within the eastern portion of the proposed Project footprint; however, the proposed Project site lacks connectivity to additional suitable habitat for this species. Therefore, this species has a low potential to occur within the proposed Project footprint. Approximately 0.01 acre of Artemisia californica-Eriogonum fasciculatum Shrubland will be directly impacted due to proposed Project construction activities; this is the same area of impact identified in the 2019 MND. Due to the level of disturbance in the area of the proposed Project and the high level 44 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 23 21169 of human activity directly adjacent to the Artemisia californica-Eriogonum fasciculatum Shrubland, the sensitive wildlife species with a potential to occur are not expected on the proposed Project footprint; therefore, no Project impacts to the species are expected. Direct and indirect impacts to habitat for sensitive wildlife species or to sensitive wildlife species that may be present within natural communities located adjacent to the proposed Project footprint will be avoided or minimized with the implementation of the mitigation measures (MMs). The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM BIO-1: Project-related activities likely to have the potential to disturb suitable bird nesting habitat shall be prohibited from February 15 through August 31, unless a Project Biologist acceptable to the City of Newport Beach surveys the Project area prior to disturbance to confirm the absence of active nests. Disturbance shall be defined as any activity that physically removes and/or damages vegetation or habitat or any action that may cause disruption of nesting behavior such as loud noise from equipment and/or artificial night lighting. Surveys shall be conducted weekly, beginning no earlier than 30 days and ending no later than 3 days prior to the commencement of disturbance. If an active nest is discovered, disturbance within a particular buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the Biologist in consideration of species sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The Biologist shall record the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City of Newport Beach to document compliance with applicable State and federal laws pertaining to the protection of native birds. Similarly, for preserved vegetation that occurs within 50 to 100 feet of construction activities, if construction is occurring during the nesting season, preserved vegetation shall be surveyed for the presence of nesting birds. MM BIO-2: Flag or install construction fencing or silt fencing along the proposed Project boundaries to delineate construction limits and to prevent encroachment into adjacent natural communities. The limits of both the Superior and West Coast Highway wetlands will be clearly demarcated in the field and all on-site construction personnel will be informed about the wetland avoidance area prior to the commencement of construction activities. The construction contractor will install a solid protective barrier that is clearly visible to construction personnel, particularly any construction equipment operators, and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor the construction work to ensure that encroachment into the wetlands does not occur. MM BIO-3: Gravel bags should be placed along the tops of the v-ditches in order to minimize erosion and to prevent construction debris and potentially hazardous materials from entering the waterway during a rain event. Since the time of these surveys, the existing conditions on the Project site have not changed. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measures MM BIO-1 through MM BIO-3, however, no new significant impacts would occur that were not previously analyzed. Although the size of the impact area is increased, Impacts to sensitive wildlife species and habitats would remain less than significant. 45 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 24 21169 Special Status Plant Species The biological report prepared for the 2019 Project concluded that no sensitive plant species (defined as federally and state listed endangered or threatened species, California Species of Special Concern, or otherwise documented sensitive species or habitats) were found during the survey. Therefore, of the 32 special status plant species with records of occurrences within the vicinity of the survey area identified during the literature search, there are no regional sensitive plant species that have a potential to be present within the survey area. Because the proposed Project would be within the footprint of the 2019 Project, there are no impacts anticipated to special status plant species due to proposed Project construction activities. Indirect impacts to habitat for sensitive plant species or to sensitive plant species that may be present within natural communities located adjacent to the proposed Project footprint will be avoided. As no sensitive plant species have a potential to grow in the proposed Project footprint, impacts to sensitive plant species are not anticipated and no new impacts would occur. The Project site contains 0.1 acre of planted Artemisia californica-Eriogonum fasciculatum Shrubland Alliance (Coastal Sage Scrub; CSS). The Restored Coastal Sage Scrub was planted as part of a habitat restoration project in Sunset Ridge Park on the northwest side of Superior Avenue and West Coast Highway. Similar to the 2019 Project, construction of the Project will result in temporary and permanent impacts to this planted vegetation. Permanent impacts would be limited to direct disturbance from the western bridge abutment and limited impacts would occur due to shading. Areas that are temporarily impacted during construction will be replanted once construction is complete. The 2019 Project calculated approximately 886 square feet (or 0.02 acre) of Restored Coastal Sage Scrub would be impacted due to the design of the bridge; however, based on design changes the proposed Project would impact 950 square feet (or 0.022 acre) of Restored Coastal Sage Scrub. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM BIO-4: Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint should be avoided to the greatest extent feasible. o Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint, that may be avoided, shall be flagged or construction or silt fencing should be installed along the avoidable vegetation to delineate construction limits and to prevent encroachment into adjacent natural communities. o Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which cannot be avoided will be mitigated through one of the following, in order of priority: Onsite Mitigation: Any temporary impacts to CSS will be revegetated within the Sunset Ridge planted area, in areas that are not currently vegetated. Specifically, there is an opportunity for revegetation in an area outside of the delineated wetlands that, with approval from the Commission, could provide additive benefits to the Sunset Ridge Park planted area, immediately to the northeast of the Project site. This will provide a continuation of the CSS habitat previously revegetated onsite. The City will replant the area to be equivalent to existing conditions, which consists of superior high quality native vegetation with coverage of primarily CSS. If this area is not approved for revegetation by the Commission, alternative onsite mitigation opportunities will be evaluated. 46 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 25 21169 Offsite Mitigation: Additive habitat assessment in the area adjacent to the project site within the replanted CSS would be provided to mitigate impacts from direct disturbance from the bridge structure and potential impacts from shading. The proposed Project will not result in significant impacts to sensitive plant species, as both temporary and permanent impacts will be mitigated as outlined above. Although the proposed Project would result in slightly greater impacts than the 2019 Project, the impacts would still be mitigated to less than significant with implementation of MM BIO-4. Impacts would remain less than significant under the proposed Project; no new significant impacts would occur and no major revisions to the 2019 MND would be required. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than Significant with Mitigation. The biological report for the 2019 Project concluded that the Sunset Ridge Park forms part of a riparian habitat corridor that stretches from Fairview Park in Costa Mesa to Sunset Ridge Park, Banning Ranch, and the Santa Ana River at the West Coast Highway in Newport Beach. This corridor provides habitat for terrestrial wildlife as well as a way to travel within the wildland urban interface. West Coast Highway, however, runs the width of the corridor and will discourage some wildlife from crossing. Wildlife can pass under the West Coast Highway in the Santa Ana River Channel, approximately 2 miles northwest of Sunset Ridge Park. Four sensitive vegetation communities were identified in the literature search as being present within 5 miles of the survey area (Chambers Group 2019). These four communities include Southern Dune Scrub, Southern Foredunes, Southern Coastal Salt Marsh, and Southern Cottonwood Willow Riparian Forest. None of these communities occur within the survey area. The Southern Cottonwood Willow Riparian Forest is located within 5 miles of the survey area. Southern Cottonwood Willow Riparian Forest is of special concern because the community contains habitat requirements for special-status plant and wildlife species and is therefore, considered valuable to the ecosystem. The community is considered sensitive by CDFW due to the due to habitat loss and fragmentation from development and water infrastructure. Based on the list of species with potential to occur within the survey area that was generated in the NESMI, the Southern Cottonwood Willow Riparian forest is not located within the survey area. There are no Southern Dune Scrub, Southern Foredunes, Southern Coastal Salt March, or Southern Cottonwood Willow Riparian Forest habitats within the survey area. No new permanent or temporary impacts to these areas would occur. Critical habitat has been designated in areas of Newport Beach for the coastal California gnatcatcher and is located within the western portion of the survey area; however, the habitat within the Project site is low quality and provides low quality nesting habitat. As discussed above, protocol surveys were conducted to assess habitat quality and potential use by CAGN. The habitat within the majority of the 500-foot buffer on those surveys and the Project site is low quality. The areas surrounding Sunset Park and within the Project site are lacking the higher density vegetation and mature shrubs that is required by CAGN for nesting. Therefore, it is likely the CAGN are utilizing the western edge of the buffer area, for foraging only and nesting in the Newport Banning Ranch area, outside of the 500-foot buffer. In 2019, no CAGN were observed flying or foraging closer than 480 feet to the Project site. 47 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 26 21169 Additionally, the applicant would be required to comply the MBTA and therefore, no new impacts to CAGN are anticipated to occur as a result of proposed Project activities. Coastal Land Use Plan 4.1.1-1 requires that the City define any area in which plant or animal life, or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments as an environmentally sensitive habitat area (ESHA). Utilizing the site-specific survey and analyses conducted for the 2019 Project, the Project site was found to not contain an ESHA. The proposed Project would occur within the same footprint of the 2019 Project and would operate with the same uses. Similar to the 2019 Project, the proposed Project would be consistent with the Coastal Land Use Policies. Implementation of MM BIO-1 through MM BIO-4, would ensure that impacts would remain less than significant; no new impacts would occur and no major revisions to the 2019 MND would be required. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than Significant with Mitigation. The 2019 MND concluded that there are no riparian/riverine areas, vernal pools, or waters of the United States or State are present within the proposed Project footprint. Within the survey area conducted for the jurisdictional delineation surveys, wetlands, as defined by the Coastal Act and the City’s Local Coastal Program (LCP) were identified both on and off the Project site. These were identified as the Superior Avenue Wetlands and the West Coast Highway Wetlands. The 2019 MND concluded that the Superior Avenue Wetland is outside the 100-foot buffer and are already surrounded by on-going disturbances. Additionally, the limits of the wetlands will be clearly demarcated in the field prior to the commencement of construction activities, and a biologist shall monitor the construction work to ensure that encroachment into the wetlands does not occur. The bridge itself would not result in any adverse shading impacts and therefore impacts to the Superior Avenue Wetland, would not occur. The proposed Project would occur within the 2019 Project footprint and therefore no new impacts would occur. Similar to the 2019 Project, the proposed Project has been designed to avoid directly impacting the Commission wetlands located on the slope along West Coast Highway. Project features are approximately 10 feet from the wetlands; however impacts are estimated to be only a few feet from the edge of the wetlands along West Coast Highway, well within the 100-foot wetland buffer specified in Title 21, Section 21.30B.040.C of the City of Newport Beach LCP Implementation Plan. Although proposed construction activities will occur within a few feet of the existing West Coast Highway wetlands, impacts to these wetlands will be prevented through the implementation of the following avoidance and minimization measures (e.g., protective fencing, signage, on-site monitoring, construction worker awareness). For instance, the limits of the wetlands will be clearly demarcated in the field and all on-site construction personnel will be informed about the wetland avoidance area prior to the commencement of construction activities. Also, the construction contractor will install a solid protective barrier that is clearly visible to construction personnel, particularly any construction 48 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 27 21169 equipment operators, and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor the construction work to ensure that encroachment into the wetlands does not occur. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM BIO-5: Following completion of the construction activities, the City will conduct monthly monitoring of the West Coast Highway wetlands to evaluate and document the associated conditions to determine if any unforeseen impacts from the proposed construction activities are occurring. This monthly monitoring will continue for up to one year, or until such time as it can be sufficiently demonstrated that the wetlands will continue to persist in perpetuity. If it is determined during post-construction monitoring that construction has resulted in an unexpected impact to the wetlands, appropriate remedial actions will be implemented by the City. For instance, an unforeseen disruption or obstruction of subsurface hydrology to the wetlands may warrant the City’s provision of an alternative water source that would continue to supply sufficient water to sustain the wetlands. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM BIO-5, however, no new significant impacts would occur that were not previously analyzed. Impacts to wetlands would remain less than significant; and no major revisions to the 2019 MND would be required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant Impact. As previously noted, the results of the biological survey concluded that essential fish habitats are not present within the proposed Project. The survey concluded that there are 18 listed bird species with potential to occur within the survey area. Of the 18 species, only two have been identified as having low potential to occur within the proposed Project, the burrowing owl (Athene cunicularia) and the coastal California gnatcatcher (Polioptila californica californica). All other species are considered to be absent. All migratory, non-game native bird species are protected by international treaty under the federal Migratory Bird Treaty Act (MBTA) of 1918 (Chambers Group 2019). Pursuant to the MBTA, it is unlawful to “take” (i.e., capture, kill, pursue, or possess) migratory birds or their nests. Virtually all native bird species are covered by the MBTA, as listed in 50 Code of Federal Regulation 10.13. Similar to the 2019 Project, the proposed Project would be required to follow the conditions of the MBTA. To avoid impacts to other birds protected by the MBTA, ground disturbance or removal of vegetation should be done outside the breeding season. If ground disturbance or vegetation removal will take place during the breeding season (generally February 15 through September 1), then, to minimize impacts, a qualified biologist will conduct a nesting bird survey within the proposed Project footprint at least two weeks prior to construction with a buffer at a minimum of 300 feet around the Project footprint and again within three days of construction activities. If a nest is found within the proposed Project footprint, minimization measures will be implemented under the direction of the qualified biologist. These measures may include a no-work zone around the nest, noise minimization 49 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 28 21169 measures, and biological monitoring of the nest to assess if the breeding birds are being disturbed by construction. The applicant is responsible for compliance with the MBTA. In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to the MBTA: The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. Due to the low potential of the burrowing owl (Athene cunicularia) and the coastal California gnatcatcher (Polioptila californica californica), and with ground disturbances and vegetation removal to occur outside of the breeding season, impacts would be less than significant with regard to wildlife species. Additionally, as previously discussed, a portion of the survey area is within Sunset Ridge Park, and the park forms part of a riparian habitat corridor that stretches from Fairview Park in Costa Mesa to Sunset Ridge Park, Banning Ranch, and the Santa Ana River at the West Coast Highway in Newport Beach. However, because West Coast Highway runs the width of the corridor, it will discourage some wildlife from crossing. Wildlife can pass under the West Coast Highway in the Santa Ana River Channel, approximately 2 miles northwest of Sunset Ridge Park. Therefore, no new significant impacts would occur and impacts would be less than significant regarding interfering with wildlife corridors. The proposed Project would not result in major revisions to the 2019 MND. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would involve the removal of trees that are located adjacent to the existing parking lot. These trees are ornamental and new trees will be installed within the larger proposed parking lot. A Tree Removal or Reforestation Application will be submitted to the Municipal Operations Department prior to tree removal activities. New trees will be installed in accordance with the tree planting specifications and street tree designation list by the City of Newport Beach (City of Newport Beach 2019b). The proposed Project would not conflict with any tree preservation ordinances. The proposed Project is not located within the City of Newport Beach’s environmental study areas according to the Local Coastal Program (City of Newport Beach 2005). Therefore, no new impacts would occur. The proposed Project would not result in major revisions to the 2019 MND. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 50 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 29 21169 Less than Significant Impact.The 2019 MND noted that the Project site occurs within the Central/Coastal Subregion. Sunset Ridge Park and a portion of the northern area of the proposed Project is designated as ‘existing use’ according to the Orange County Central Coastal Habitat Conservation Plan Reserve. However, based on the results of the Biological Study prepared for the 2019 Project, there are no potentially significant impacts anticipated to the habitats or species that have the potential to occur. In addition, avoidance and minimization efforts would result in direct and indirect impacts to be less than significant to habitats, natural communities, and wildlife. Impacts would remain less than significant. The proposed Project would not result in major revisions to the 2019 MND. 4.5 CULTURAL RESOURCES 5. CULTURAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? (b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? (c) Disturb any human remains, including those interred outside of formal cemeteries? A records’ search, field study, and archaeological survey were conducted for the 2019 Project. The results of these studies concluded that none of the previously recorded resources are within the study area, and no historic or prehistoric resources were identified as a result of the field survey indicating the likelihood of encountering previously unrecorded resources is low. a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. Review of the Project area for the 2019 Project failed to identify any previously recorded historical resources potentially eligible for listing in the National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR). The proposed Project would be located in the same footprint of the 2019 Project and therefore no new impacts would occur and no revisions to the 2019 MND would be required. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than Significant Impact with Mitigation. The 2019 MND concluded that although no resources were found on the site and the likelihood of encountering previously unrecorded resources is low, cultural materials may be encountered during construction. It is the City of Newport Beach and Caltrans policy that work will stop in that area until a qualified archaeologist can evaluate the nature and significance of the find. In addition, the 2019 MND incorporated the following mitigation to ensure less than significant impacts: 51 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 30 21169 MM CUL-1: If archaeological or paleontological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps (i.e., additional excavation, curation, preservation, etc.). The proposed Project would involve a similar amount of ground disturbance and would be in the same footprint as the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM CUL-1, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. c) Would the project disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation. The 2019 MND concluded that although the search did not result in the identification of prehistoric or historical archaeological resources within the proposed Project site and it is not expected that significant archaeological or historical resources would be on-site, resources that are buried may be encountered during grading. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM CUL-2: During proposed Project construction, activities will be halted and an archaeologist must be available to evaluate the find. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM CUL-2, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant. The proposed Project would not result in major revisions to the 2019 MND. 4.6 ENERGY 6. ENERGY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? 52 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 31 21169 6.ENERGY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The 2019 MND found that energy usage during construction and operation of the 2019 Project would be minimal and impacts would be less than significant. Construction of the proposed Project would be similar to that of the 2019 Project and electricity, natural gas, and petroleum fuels would be considered minimal. Operation of the proposed Project would be the same as the 2019 Project and similar to the 2019 Project, the proposed Project would be required to comply with regulatory compliance measures outlined by the State and City related to Air Quality, Greenhouse Gas Emissions (GHG), Transportation/Circulation, and Water Supply. Additionally, the proposed Project would be constructed in accordance with all applicable City Building and Fire Codes. Therefore, the proposed Project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. No new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would comply with California Code of Regulations Title 24, which regulates the amount of energy consumed by new development. Therefore, the proposed Project would not result in new impacts and impacts would be less than significant. In addition, no major revisions to the 2019 MND would be required. 4.7 GEOLOGY AND SOILS 7. GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? 53 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 32 21169 7.GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact iv) Landslides? (b) Result in substantial soil erosion or the loss of topsoil? (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less than Significant Impact. The 2019 MND noted that the Project site is not located within an Alquist-Priolo Earthquake Fault Zone; however, the Project site is located within the Newport- Inglewood-Rose Canyon fault zone located approximately 700 feet northwest. Similar to the 2019 Project, the proposed Project will provide structural plans to the City to indicated that the Project will meet the seismic design parameters within the 2019 California Building Code and policies outlines in the Safety Element in the General Plan. No new impacts would occur, and no revisions to the 2019 MND would be required. ii) Strong seismic ground shaking? Less than Significant Impact. As noted above, similar to the 2019 Project, the proposed Project is subject to potential ground shaking due to nearby faults. Similar to the 2019 Project, the proposed Project would implement grading and erosion control plans, comply with the NPDES permit and Waste Discharge Requirements, and include BMPs to minimize soil erosion. The proposed Project involves minor design changes to the previously approved bridge. Therefore the proposed Project would be consistent with the general plan and Coastal Land Use Plan for Seismic Hazards. No new impacts would occur and no major revisions to the 2019 MND would be required. iii) Seismic-related ground failure, including liquefaction? 54 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 33 21169 Less than Significant Impact. The 2019 MND noted that the proposed Project is not located within a liquefaction zone. The proposed Project is entirely within the 2019 Project footprint and therefore, no new impacts would occur and no major revisions to the 2019 MND would be required. iv) Landslides? Less than Significant Impact. The Proposed Project site is entirely within the 2019 Project site, meaning there are several areas within the proposed Project site designated to be prone to landslides. Similar to the 2019 Project, the bridge would not be located within a landslide or liquefaction zone, however portions of the parking lot would be located within a landslide zone. During construction, the vacant lot of the proposed Project will be graded flat. During this phase, the proposed Project will implement slope stabilization methods and best management practices (BMPs) to reduce surface erosion and reduce the potential of landslides. Once the parking lot is constructed, the area will be landscaped and relatively flat thereby reducing the potential for landslides. In addition, retaining walls along Coast Highway will be installed as part of the proposed Project and will reduce impacts associated with landslides. Therefore, implementation of the Proposed Project would not result in any new, significant impacts associated with landslides and no major revisions to the 2019 MND would be required. b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Soils within the Proposed Project site are classified as sandy loam, fine sandy loam, and gravelly coarse sand (USDA 2019). Similar to the 2019 Project, the proposed Project would comply with the policies listed in the Natural Resources Element to minimize soil erosion or loss of topsoil by implementing best management practices, site design and source control (City of Newport Beach 2006) and would comply with the General Plan and Coastal Land Use Plan for erosion minimization. Therefore, implementation of the Proposed Project would not result in new, significant impacts associated with soil erosion or the loss of topsoil. In addition, no major revisions to the 2019 MND would be required. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less than Significant Impact. The 2019 MND concluded that the Project site is not located in an area identified to have the potential for liquefaction and not located within a seismic hazard zone. However, similar to the 2019 Project, the proposed Project would be consistent with the General Plan policies for seismic strengthening by complying with applicable seismic design parameters. Therefore, implementation of the Proposed Project would not result new, significant impacts associated with landslides, lateral spreading, subsidence, liquefaction, or collapse. In addition, no major revisions to the 2019 MND would be required. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact. Expansive soils are certain types of clay soils that expand when saturated and shrink when dried. The 2019 MND concluded that with compliance with Section 3104 of the 55 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 34 21169 California Building Code for Pedestrian Walkways and Tunnels and the General Plan Goal S4 to minimize the potential risk to life or property for both construction of the pedestrian bridge and parking lot impacts would be less than significant. The proposed Project would also develop a bridge for pedestrian and bicycle uses with a slightly different design. However, the proposed Project would also comply with Section 3104 of the CBC and the General Plan Goal S4 and therefore no new impacts would occur. In addition, no major revisions to the 2019 MND would be required. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project activities include minor design changes to the 2019 Project. The Proposed Project, consistent with the 2019 Project, would not involve activities that would require the installation of septic tanks or alternative wastewater disposal systems. No new impacts would occur and no major revisions to the 2019 MND would be required. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact with Mitigation. The 2019 MND concluded that although no fossils or archaeological resources were found on the site, the Project site contains an above average potential for paleontological resources. The Project site is located within the footprint of the 2019 Project. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM PALEO-1: All project-related ground disturbance that could potentially impact the Monterey Formation and the Old Paralic Deposits will be monitored by a qualified paleontological monitor on a full-time basis, as these geologic units are determined to have a high paleontological sensitivity. Project-related excavations that occur in surficial younger alluvial deposits (not mapped in the current study area but existing in the vicinity) will be monitored on a part-time basis to ensure that underlying paleontologically sensitive sediments are not being impacted. Excavations exceeding 5 feet in depth in Quaternary alluvium will be monitored on a full-time basis. MM PALEO-2: A qualified paleontologist will be retained to supervise monitoring of construction excavations and to produce a Paleontological Monitoring and Mitigation Plan for the proposed project. Paleontological resource monitoring will include inspection of exposed rock units during active excavations within sensitive geologic sediments. The monitor will have authority to temporarily divert grading away from exposed fossils and halt construction activities in the immediate vicinity in order to professionally and efficiently recover the fossil specimens and collect associated data. The qualified paleontologist will prepare progress reports to be filed with the lead agency. MM PALEO-3: At each fossil locality, field data forms will be used to record pertinent geologic data, stratigraphic sections will be measured, and appropriate sediment samples will be collected and submitted for analysis. MM PALEO-4: Matrix sampling would be conducted to test for the presence of microfossils. Testing for microfossils would consist of screen-washing small samples (approximately 200 56 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 35 21169 pounds) to determine if significant fossils are present. If microfossils are present, additional matrix samples will be collected (up to a maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant microfossil sample). MM PALEO-5: Recovered fossils will be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and re-posited in a designated paleontological curation facility. The most likely repository is the SDNHM. MM CUL-1: If archaeological or paleontological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps (i.e., additional excavation, curation, preservation, etc.). The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measures MM PALEO-1 through MM PALEO-5 and MM CUL-1, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. 4.8 GREENHOUSE GAS EMISSIONS 8. GREENHOUSE GAS EMISSIONS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would generate emissions that would be far below the AB 32 SCAQMD threshold. The Project as proposed, would result in an updated design for the bridge which would ultimately result in less construction than the 2019 Project. The Proposed Project would not increase impacts beyond those analyzed in the 2019 MND. Less than significant impacts would result, and no major changes to the 2019 MND would be required. b) Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would generate emissions that would be far below the AB 32 SCAQMD threshold, and the AB 1397 and SB 32 thresholds and therefore would not conflict with any applicable plan, policy, or regulation adopted 57 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 36 21169 for reducing the emissions of GHGs. The Project as proposed, would result in an updated design which includes a smaller footprint for the bridge which would ultimately result in less construction than the 2019 Project. Therefore, the proposed Project would not introduce new, significant impacts in addition to those analyzed in the 2019 MND, so no major revisions to the 2019 MND would be required. 4.9 HAZARDS AND HAZARDOUS MATERIALS 9.HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (e)For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? (f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact. Similar to the 2019 Project, the construction of the proposed Project would result in the temporary transport and storage of hazardous materials. During construction, the proposed Project would utilize hazardous materials such as fuels and solvents. Potentially hazardous materials will be stored and disposed of according to regulations set forth by local, State, and federal regulations during construction operations. Once the construction of the bridge and parking lot, are completed, the proposed Project would not introduce new land uses that would require the routine transport, use, or disposal of significant amounts of hazardous materials. Therefore, the proposed 58 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 37 21169 Project is not expected to significantly increase the risk of the release of hazardous materials beyond risks analyzed in the 2019 MND, and no major revisions to the 2019 MND would be required. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact with Mitigation. A Hazardous Materials Assessment (HMA) was prepared for the 2019 Project which concluded construction activities may result in some potential release of contaminants during ground disturbing activities. In addition, the 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM HAZ-1: Any contaminated soils or other hazardous materials removed from the proposed Project site shall be transported only by a Licensed Hazardous Waste Hauler who shall be in compliance with all applicable State and federal requirements, including U.S. Department of Transportation regulations under Title 49 of the CFR (Hazardous Materials Transportation Act), California Department of Transportation standards, Occupational Safety and Health Administration standards, and the Resource Conservation and Recovery Act (42 United States Code §6901 et seq.). The City of Newport Beach Public Works and Community Development Departments shall verify that only Licensed Haulers who are operating in compliance with regulatory requirements are used to haul hazardous materials. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM HAZ-1, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The 2019 MND noted that the nearest school is Pacifica Christian High School located approximately 0.45 miles from northeast from the proposed Project site on 883 West 15 th Street in the City of Newport Beach. Similar to the 2019 Project, the proposed Project would not emit hazardous emissions or handle hazardous materials within one-quarter mile of a school. No new impacts would occur, and no major revisions to the 2019 MND would be required. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The HMA that was prepared for the 2019 Project concluded that none of the nearby hazardous sites were located on or near the Project site. The proposed Project would be located within the same footprint as the 2019 Project. An updated review of the State Water Resources Control Board (SWRCB) GeoTracker online database and Department of Toxic Substances Control’s (DTSC’s) EnviroStor database (where applicable) were conducted and no new sites were identified. Therefore, no new impacts would occur and no major revisions to the 2019 MND would be required. 59 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 38 21169 e) For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The 2019 MND concluded that the nearest airport is John Wayne Airport located approximately 4.5 miles north from the proposed Project site and the nearest private heliport is located at Hoag Memorial Hospital approximately 0.5 miles northeast from the proposed Project site. The proposed Project site is not located within 2 miles of a public airport. The proposed Project would be located within the same footprint as the 2019 Project and therefore, no new impacts would occur. In addition, no major revisions to the 2019 MND would be required. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. The 2019 MND concluded that Superior Avenue and West Coast highway have been identified as potential tsunami run up zones, and evacuation route signs are located along Superior Avenue, and at the intersection of West Coast Highway (City of Newport Beach 2006). Similar to the 2019 Project, Superior Avenue has the potential to be temporarily closed at night to accommodate the installation of the proposed bridge’s superstructure. However, all other roads in the vicinity would remain open for travel, and Superior Avenue would maintain its current accessibility once construction is complete. The proposed Project would not impair the implementation of or interfere with, an adopted emergency response or emergency evacuation plan. The proposed Project would not include any significant roadway work or altering the routes of Superior Avenue or West Coast Highway. No new impacts would occur and impacts would be less than significant. In addition, no major revisions to the 2019 MND would be required. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? No Impact. The 2019 MND noted that the Project site is located in a low/no susceptibility area for wildfire hazards and would not construct any habitable structures. The proposed Project would be located within the same footprint as the 2019 Project and would also not construct any habitable structures. Therefore, no new impacts would occur and no major revisions to the 2019 MND would be required. 4.10 HYDROLOGY AND WATER QUALITY 10. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? 60 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 39 21169 10.HYDROLOGY AND WATER QUALITY. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? (c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off- site; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flood on- or off-site; iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows? (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less than Significant Impact. The proposed Project site is located entirely within the site analyzed in the 2019 MND, which is an urbanized area. Similar to the 2019 Project, the proposed Project could generate potential pollutants during construction including sediment, organic compounds, trash, debris, oils, grease, and solvents. Implementation of these requirements will minimize any potential of violating water quality standards and waste discharge requirements (City of Newport Beach 2006). Implementation of BMPs that would be outlined in the SWPPP would prevent impacts to the water quality. These practices include but are not limited to litter control, landscape design, efficient irrigation system, and general waste management. The proposed Project would comply with the policies identified in the Local Coastal Implementation Plan for water quality control (City of Newport Beach 2017b). Therefore, the Proposed Project would not introduce new significant impacts compared to the 2019 Project, and no major revisions to the 2019 MND would be required. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The 2019 MND concluded that the depth of excavation would not reach groundwater levels and therefore it would not interfere with groundwater recharge. The proposed Project would 61 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 40 21169 not require excavation depths deeper than what was previously analyzed and therefore the Proposed Project would not deplete groundwater supplies or interfere substantially with groundwater recharge. No new impacts would occur and no major revisions to the 2019 MND would be required. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site; Less than Significant Impact. The 2019 MND noted that the Project would not involve the alteration or blockage of the existing concrete culverts. Similar to the 2019 Project, the proposed Project would not include the construction of any buildings or facilities or introduce permanent populations such as residents and employees that would significantly increase the capacities for the existing stormwater systems. The proposed Project would also implement BMPs provided in the Orange County Stormwater Program to control pollutant discharges from construction sites. No new impacts would occur, and no major revisions to the 2019 MND would be required. ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flood on- or off-site; Less than Significant Impact. Similar to the 2019 Project, the proposed Project, during construction, areas within the Project site would be compacted and the drainage patterns would be altered and operation of the Project would introduce impervious surfaces which would in turn result in increased runoff. Similar to the 2019 Project, the proposed Project would be subject to requirements of the California Regional Water Quality Control Board NPDES Permit and Waste Discharge Requirements for the area-wide urban runoff Orange County MS4 permit. Construction and post-construction activities would implement BMPs identified in the proposed Project SWPPP and NPDES permit to minimize the amount of surface runoff (SWRCB 2014). The development of a SWPPP and Erosion Control Plans would identify site specific BMPs that would manage and control surface runoff, and minimize flooding. The footprint of the Project would be very similar but slightly less than the approved 2019 Project, as the bridge is slightly shorter and would not require a support in Superior Avenue. Therefore no new impacts would occur, and no major revisions to the 2019 MND would be required. iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less than Significant Impact. The 2019 MND concluded that the Project’s construction and operational activities would introduce impervious surfaces and increase runoff to the area, however compliance with the General Plan’s goals and policies to minimize runoff would reduce impacts to less than significant. The proposed Project would also comply with the General Plan as shown in Table 4- 2: General Plan and Coastal Land Use Plan Consistency Analysis – Water Quality Control. In addition, the proposed Project would not include the development of residential, commercial, or industrial facilities that could require expansion of existing stormwater drainage capacities. Per the goals of the Natural Resources Element (NR3) to enhance and protect the water quality, the proposed Project would comply with the following General Plan policies to minimize runoff and therefore would not 62 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 41 21169 exceed the capacity of the stormwater drainage systems, nor would it result in additional polluted runoff. No new impacts would occur and no major revisions to the 2019 MND would be required. Table 4-2: General Plan and Coastal Land Use Plan Consistency Analysis – Water Quality Control Policy Consistency with Policy General Plan Policy NR 3.5 Storm Sewer System Permit/Coastal Land Use Plan 4.3.2 (4.3.2-1 to 4.3.2-25) Require all development to comply with the regulations under the City’s municipal separate storm sewer system permit under the National Pollutant Discharge Elimination System. (Policy HB8.5). Consistent. The proposed Project would comply with the NPDES permit and Waste Discharge Requirements to minimize or control surface runoff. General Plan Policy NR 3.10: Water Quality Management Plan Require new development applications to include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events during construction and post-construction. (Policy HB8.10) Consistent. Prior to ground disturbance, the City will prepare and implement a Water Quality Management Plan to minimize runoff from rainfall events during construction and post construction. General Plan Policy NR 3.18 Parking Lots and Rights-of- Way Require that parking lots, and public and private rights- of-way be maintained and cleaned frequently to remove debris and contaminated residue. (Policy HB8.18) Consistent. Once developed, the proposed parking lot would be maintained and cleaned to minimize waste and contamination that could result in the degradation of water quality. Coastal Land Use Plan 2.17-2: New development shall provide for the protection of the water quality of the bay and adjacent natural habitats. New development shall be designed and sited to minimize impacts to public views of the water and coastal bluffs Consistent. The proposed Project is not located within a coastal bluff. However, there are scenic views of the water from the proposed Project. Construction of the pedestrian bridge will comply with the General Plan policies to minimize contamination and degradation of water quality, and minimize or control surface runoff with the implementation of site specific BMPs. iv) Impede or redirect flood flows? Less than Significant Impact. The 2019 MND followed the 2019 CEQA Guidelines Checklist which did not previously include this threshold. However, as previously mentioned, the proposed Project would not involve the alteration or blockage of the existing concrete culverts. Additionally, the proposed Project would develop a SWPPP and Erosion Control Plans which would identify site specific BMPs that would manage and control surface runoff, and minimize flooding. Impacts would be less than significant. No new impacts would occur and no major revisions to the 2019 MND would be required. d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? 63 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 42 21169 Less than Significant Impact. Similar to the 2019 Project, the Project site is located approximately 1,000 feet northeast from the Pacific Ocean which has a low probability, but high-risk tsunami events. The proposed Project would not introduce new structures that could expose people to a tsunami or seiche. Similar to the 2019 Project, the proposed Project may result in the release of pollutants due to flooding during construction. As such, the proposed Project would handle potentially hazardous materials according to local, State, and federal regulations and would implement site control measures to minimize flooding. Tsunami and seiche zones have not changed since the 2019 Project. The proposed Project introduces no new risks of pollutants releasing from the Project site due to floods, tsunami, or seiche; and no major revisions to the 2019 MND will be required. e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would comply with the NPDES permit and would implement BMPs to reduce any impacts associated with water quality to less than significant. Additionally, the proposed Project would not include activities that would impact or modify groundwater resources. The Orange County Water District (OCWD) Groundwater Management Plan manages the Orange County Groundwater Basin. The proposed Project would not be located within any sampling wells or groundwater replenishment systems. Thus, the Proposed Project would comply with applicable water quality or groundwater management plans. No new impacts would occur and no major revisions to the 2019 MND would be required. 4.11 LAND USE AND PLANNING 11. LAND USE/PLANNING Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Physically divide an established community? (b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? a) Would the project physically divide an established community? No Impact. The 2019 MND noted the proposed Project would not physically divide an established community and would instead provide a needed connection between a parking lot and existing park for bicycle and pedestrian users. The uses onsite will remain as a public facility for public use. The bridge, parking lot, and park would not result in a new barrier in the community. The Project as proposed would result in minor changes to the 2019 Project that would also not physically divide an established community. No new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? 64 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 43 21169 No Impact. The majority of the proposed Project site is designated as Parks and Recreation (PR) in the General Plan and is zoned Parks and Recreation (PR). The 2019 MND concluded that the uses associated with the 2019 Project would be consistent with the applicable plans including zoning and the Local Coastal Program (LCP). The Project as proposed would result in minor changes to the 2019 Project, which includes the change of the bridge design. No component of the Proposed Project, once operational, would have the potential to conflict with adjacent land uses. No new impacts would occur, and no major revisions to the 2019 MND would be required. 4.12 MINERAL RESOURCES 12. MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Project site is within the same site as the 2019 Project, which is mapped within Mineral Resource Zone 3 (MRZ-3). These are areas as “continuing known mineral occurrences of undetermined mineral resource significance” (DOC 1981). There is no active mining within the area (City of Newport Beach 2006). Similar to the 2019 Project, the proposed Project would not include any mining activities that would result in the loss of availability of known mineral resources. While the proposed Project will require heavy ground disturbance and earthwork activities, excavation depths are not anticipated to be deep enough to uncover significant mineral resources. Therefore, the Proposed Project would not result in a new impact associated with mineral resource availability, and no major revisions to the 2019 MND will be required. b) Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As noted above in item 4.12 a), the Project site is mapped within MRZ-3; however, no mineral resource extraction or other mining operations currently occur within or adjacent to the Project site. Similar to the 2019 Project, no mining or mineral extracting activities are proposed. No new impacts would occur, and no major revisions to the 2019 MND would be required. 65 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 44 21169 4.13 NOISE 13.NOISE Would the project result in: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (b) Generation of excessive groundborne vibration or groundborne noise levels? (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public useairport, would the project expose people residing or working in the project area to excessive noise levels? A noise analysis was completed for the 2019 Project, which outlined potential noise levels associated with 2019 Project construction and operational activities. The Project site is the same as was analyzed in the previously approved 2019 MND. The construction and operational activities associated with the proposed Project are substantially similar to those analyzed in the 2019 MND and are not anticipated to significantly increase previous noise results. City of Newport Beach Noise Standards For construction activities within the City of Newport Beach, Municipal Code Section 10.28.040(A) exempts construction noise from the City’s noise standards, provided that construction activities are conducted between 7:00 a.m. and 6:30 p.m. Monday through Friday or between 8:00 a.m. and 6:00 p.m. on Saturdays. Section 10.28.040(D)(2)(b) of the Municipal Code exempts public works construction projects from the City noise standards provided that the City Manager or department director determines that the construction activities cannot be conducted during normal business hours. Operational activities are subject to the City’s exterior noise standards detailed in Section 10.26.025 of the Municipal Code that limits noise to 55 dBA between 7:00 a.m. and 10:00 p.m. and 50 dBA between 10:00 p.m. and 7:00 a.m. at the exterior of the nearby homes. a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would consist of construction of a pedestrian and bicycle bridge overcrossing Superior Avenue and a new larger parking lot. The construction activities for the proposed Project are anticipated to begin in mid-2021 and would be completed in 14 to 18 months. The phases of construction (demolition, grading, construction) would occur in the same manner as proposed in the 2019 Project. In addition, the construction activities would occur during the same timeframes as the 2019 Project. 66 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 45 21169 The noise analysis for construction of the 2019 Project concluded that construction impacts would be less than significant. The Project as proposed, would result in an updated design which includes a revision to the bridge design which would ultimately result in less construction than the 2019 Project. Accordingly, no new impacts would occur and impacts would be less than significant. Analysis of the 2019 Project concluded that operations-related onsite noise impacts to the nearby homes would be less than significant. Operation of the proposed Project would be the same as the 2019 Project and therefore no new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. No known sources of groundborne vibration or groundborne noise were associated with the operation of 2019 Project; therefore, implementation of the Proposed Project is not expected to result in operational impacts associated with groundborne vibration or groundborne noise. Construction equipment used during Project site excavation has the greatest potential to generate vibrations that would affect local residential land uses. Construction equipment would include loaded trucks, excavators, dozers, and loaders. Based on the modeling results from the noise study prepared for the 2019 Project, vibration levels from construction equipment would generate vibration levels would be 0.081 PPV at the nearest residence. Since the proposed Project construction activities are expected to be substantially similar to the 2019 Project construction activities, no new groundborne noise impacts would be introduced, and no major revisions to the 2019 MND would be required. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than Significant Impact. The proposed Project is located within the footprint of the 2019 Project. The Project site is not located within two miles of a public airport and is not in the vicinity of a private airstrip. The nearest airport is John Wayne Airport, which is located approximately 4.5 miles northeast of the proposed Project site. Therefore no new impacts would occur, and no major revisions to the 2019 MND would be required. 67 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 46 21169 4.14 POPULATION AND HOUSING 14.POPULATION AND HOUSING. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The 2019 MND concluded that the 2019 Project would not directly or indirectly induce population growth and therefore, no impacts would occur. The proposed Project would be substantially similar to the 2019 Project and would not directly or indirectly induce population growth. As such, no new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The 2019 MND concluded that because the 2019 Project would not include construction of any residences or housing units and would not involve any activities that would result displacing existing residents or housing, no impacts would occur. The proposed Project would be substantially similar to the 2019 Project and would not displace a substantial number of existing housing units or people, necessitating the construction of replacement housing elsewhere. Therefore, no new impacts would occur, and no major revisions to the 2019 MND will be required. 4.15 PUBLIC SERVICES 15. PUBLIC SERVICES. Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire Protection? 68 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 47 21169 ii) Police Protection? iii) Schools? iv) Parks? v) Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire Protection? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would not result in increased populations that would require additional public services, as the new bridge and associated facilities would serve the existing population. The 2019 Project did not include any activities that would require the modification of the Lido Fire Station or other fire stations. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. Similar to the 2019 Project, the proposed Project may temporarily increase the risk of fire due to the presence of construction equipment at the Project site. However, compliance with the Newport Beach Fire Department requirements for fire protection standards would minimize the risk of fire. Therefore, the proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection services or a need for new or physically altered fire protection services Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. ii) Police Protection? No Impact. The 2019 MND found that the 2019 Project would not result in increased populations that would require additional public services, nor would it impact the nearest police station and therefore no impact would occur. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. The proposed Project would also not result in increased populations that would require additional services or impact the nearest police station. Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. iii) Schools? No Impact. The 2019 MND noted that the 2019 Project would not result in an increase to population and therefore, no impacts would occur. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. The proposed Project would also not result in increased populations that would result in an increase to the population. Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. iv) Parks? Less than Significant Impact. The proposed Project includes minor alterations to the 2019 Project which included the construction of a bicycle and pedestrian bridge and an asphalt parking lot. Similar to the 2019 Project, the proposed Project would not alter Sunset Ridge Park except for temporary construction activities near the southeast portion of the park. These construction activities would be 69 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 48 21169 scheduled during low usage months, or events would be relocated to an alternate location temporarily if parking cannot be provided closer to the park. While the presence of the bridge will change the surrounding area, the proposed Project will provide park users additional parking and a safe passageway to access Sunset Ridge Park. Similar to the 2019 Project, the proposed Project would not result in the increased use of existing parks and recreational facilities. Therefore, the Proposed Project would not increase the use of existing recreational facilities such that physical deterioration would occur or be accelerated. No new impacts would occur, and no major revisions to the 2019 MND would be required. v) Other public facilities? Less than Significant Impact. The 2019 MND concluded that although the Hoag Child Center building is located relatively near the site, that the 2019 Project would not result in increased populations that would require an increase in hospital services and impacts would be less than significant. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. The proposed Project would also not result in increased populations that would result in an increase to the population. Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. 4.16 RECREATION 16. RECREATION. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. The proposed Project includes minor alterations to the 2019 Project which included the construction of a bicycle and pedestrian bridge and an asphalt parking lot. Similar to the 2019 Project, the proposed Project would not alter Sunset Ridge Park except for temporary construction activities near the southeast portion of the park. These construction activities would be scheduled during low usage months, or events would be relocated to an alternate location temporarily if parking cannot be provided closer to the park. While the presence of the bridge will change the surrounding area, the proposed Project will provide park users additional parking and a safe passageway to access Sunset Ridge Park. Similar to the 2019 Project, the proposed Project would not result in the increased use of existing parks and recreational facilities. Therefore, the Proposed Project would not increase the use of existing recreational facilities such that physical deterioration 70 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 49 21169 would occur or be accelerated. Nonew impactswould occur, and no major revisions to the 2019 MND would be required. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. The Proposed Project does not include the construction or operation of any additional recreational facilities beyond those analyzed in the 2019 MND. No new impacts would occur and impacts would remain less than significant. 4.17 TRANSPORTATION 17. TRANSPORTATION. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities? (b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? (c) Substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (d) Result in inadequate emergency access? a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would provide an additional bicycle and pedestrian path to Sunset Ridge Park without significantly modifying existing roadways, transit, or bicycle lanes. Similar to the 2019 Project, the proposed Project would have the potential to include temporary road closures during construction. Superior Avenue may be closed at night depending on the bridge design chosen to accommodate the installation of the proposed bridge’s superstructure; all other roads in the vicinity would remain open. Superior Avenue, as listed as a tsunami run up area, would not be modified to prevent its use during an emergency. A traffic control plan would be prepared prior to construction to specify any potential reroutes, speed limits, etc. Therefore, no new impacts would occur, and implementation of the proposed Project would result in less than significant impacts. No major revisions to the 2019 MND would be required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. The 2019 MND noted that as per the CEQA Guidelines section 15064.3, subdivision (b)(1), projects that reduce vehicle miles traveled, such as pedestrian, bicycle and transit projects, should have a less than significant impact. As per the CEQA Guidelines section 15064.3, subdivision (b)(2), transportation projects which reduce vehicle miles traveled should be presumed to cause a less than significant transportation impact. The 2019 Project is not a land use project and 71 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 50 21169 would not involve changes to the existing land uses and impacts would be less than significant. The proposed Project would result in minor changes to the 2019 Project, is not a land use project, and would not involve changes to the existing land uses. Therefore, no new impacts would occur, and implementation of the proposed Project would result in less than significant impacts. No major revisions to the 2019 MND would be required. c) Would the project substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. The 2019 MND concluded that the addition of the bicycle and pedestrian bridge would not pose a hazard to high profile vehicles because height of the bridge (from ground to base). The pedestrian bridge would provide access which would increase pedestrian safety. Similar to the 2019 Project, the proposed Project would be built above the vertical clearance of 14 feet as identified in the California Vehicle Code (Caltrans). Therefore, no new impacts would occur, and implementation of the proposed Project would result in less than significant impacts. No major revisions to the 2019 MND would be required. d) Would the project result in inadequate emergency access? Less than Significant Impact. The proposed Project is within the 2019 Project footprint. Similar to the 2019 Project, Superior Avenue has the potential to be closed at night, to accommodate the installation of the proposed bridge’s superstructure, all other roads in the vicinity would remain open. Superior Avenue, is listed as a tsunami run up area, would not be modified to prevent its use during an emergency. A traffic control plan would be prepared prior to construction to specify any potential reroutes, speed limits, etc. Emergency access would be maintained during construction. Therefore, implementation of the proposed Project would not increase or introduce new impact associated with an emergency response plan or emergency evacuation plan. No major revisions to the 2019 MND would be required. 4.18 TRIBAL CULTURAL RESOURCES 18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or 72 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 51 21169 18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. a) Would the project be listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or No Impact. The 2019 MND concluded that there were no historic or prehistoric resources identified or occur on the site. The proposed Project would be within the footprint of the 2019 Project and therefore would also not contain historic or prehistoric resource. No new impacts would occur, and no major revisions to the 2019 MND would be required. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant with Mitigation. The 2019 Project conducted the AB 52 consultation on June 27, 2019. Of the two tribes contacted, one responded. The Gabrieleño Band of Mission Indians- Kizh Nation responded within the 30-day timeframe under AB 52 and requested consultation if ground disturbance was planned. Since the project does call for ground disturbance, the City of Newport Beach engaged in consultation with Tribal Councilmembers on July 25, 2019. During the consultation, the Tribal Councilmembers indicated that the Project is within a culturally sensitive area. Because of this information, the City of Newport Beach proposed the following mitigation measure on July 26, 2019: MM TCR -1: Prior to issuance of any grading permit, the Applicant shall provide satisfactory evidence that a Native American monitor (i.e., Gabrieleño Band of Mission Indians-Kizh Nation), has been retained to observe ground disturbance activities during grading and excavation. In the event that tribal cultural resources are discovered, the Native American monitor shall be included in the consultation on the recommended next steps. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM TCR-1, however, no new impacts would occur that were not previously 73 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 52 21169 analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. 4.19 UTILITIES AND SERVICE SYSTEMS 19.UTILITIES/SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? (b)Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (e) Comply with federal, state, and local management and reduction statutes and regulations related to solid wastes? a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. The 2019 MND concluded the Project would not require relocation or construction of new utilities for wastewater, stormwater, electric power, natural gas, or telecommunications. The proposed Project would result in the same uses as the 2019 Project and there are no proposed structures or facilities, including commercial and residential properties that would require new utility connections. No new impacts would occur, and no major revisions to the 2019 MND would be required. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. The 2019 MND concluded that water for the Project will be provided by the City, and the City has acknowledged that there is adequate water supply to support the Project. Similar to the 2019 Project, the proposed Project would not involve in the construction of residential, commercial, or industrial buildings that would require large, frequent amounts water supplies for 74 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 53 21169 operation and maintenance. Additionally, the proposed Project would comply with local, regional, and state water conservation policies, and follow best management practices to reduce water consumption during construction including Policy NR 1.1, Water Conservation in New Development, of the General Plan (City of Newport Beach 2006). The proposed Project would include drought tolerant landscaping which will utilize recycled water. No new impacts on water supply would occur, and no major revisions to the 2019 MND would be required. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less than Significant Impact.The 2019 MND concluded that the Project would not involve the construction of residential, commercial, or industrial buildings that would require a significant need in wastewater treatment. The proposed Project would develop the same uses as the 2019 Project and would also not result in a need for significant wastewater treatment. Furthermore, the proposed Project would comply with the General Plan goals and policies in water conservation and recycled water use during development. No new impacts would occur, and no major revisions to the 2019 MND would be required. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. The 2019 MND noted that the construction of the Project would generate solid waste including scrap lumber, concrete, residual waste, packaging material, plastics, etc. The proposed Project would also result in waste generation from construction. Operation of the proposed Project would not involve in an increase in population within the proposed Project area and would not result in an increase in waste generation. Under the General Plan, the Orange County landfills will have adequate capacity to operate until 2035. To ensure optimal diversion of solid waste generated, the proposed Project would recycle, or salvage solid waste generated to minimize disposal into landfills. Compliance and incorporation of the City’s guidelines in waste reduction and recycling goals would result in no new impacts when compared to the 2019 Project. No major revisions to the 2019 MND would be required. e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid wastes? Less than Significant Impact. Similar to the 2019 Project, all activities associated with construction and operation of the proposed Project, would comply with all City, county, and State solid waste diversion, reduction, and recycling mandates, including compliance with the county-wide the Orange County Integrated Waste Management Plan. No new impacts would occur, and no major revisions to the 2019 MND would be required. 75 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 54 21169 4.20 WILDFIRE 20. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a)Substantially impair an adopted emergency response plan or emergency evacuation plan? (b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? b) Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The 2019 MND noted that the Project site is located in an area of low/no susceptibility to wildfire (City of Newport Beach 2006) and would not include the installation or expansion of associated infrastructures (such as fuel breaks, emergency water sources, or other utilities) that could exacerbate a fire risk. The 2019 Project would not impair an emergency access route or an emergency response plan. The proposed Project is within the same footprint as the 2019 Project and would provide the same uses and layout. Therefore, no new impacts would occur, and no major revisions to the 2019 MND will be required. 76 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 55 21169 4.21 MANDATORY FINDINGS OF SIGNIFICANCE 21. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (b)Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) (c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact with Mitigation. Similar to the 2019 Project, the proposed Project would construct a pedestrian and bicycle bridge and a parking lot. The proposed Project is located in an urbanized area with a currently active park and parking lot. The proposed Project will not result in significant impacts to sensitive animal species because of their low potential to occur within the Project site. Although impacts would be slightly less than those of the approved Project due to the slightly reduced footprint, similar to the 2019 Project, the proposed Project may result in direct and indirect impacts to habitat for sensitive wildlife species or to sensitive wildlife species that may be present within natural communities adjacent to the proposed Project. Implementation of the following mitigation measures from the 2019 MND would also apply to the proposed Project and would result in less than significant impact to natural communities and sensitive plant species. MM BIO-1: Project-related activities likely to have the potential to disturb suitable bird nesting habitat shall be prohibited from February 15 through August 31, unless a Project Biologist acceptable to the City of Newport Beach surveys the Project area prior to disturbance to confirm the absence of active nests. Disturbance shall be defined as any activity that physically removes and/or damages vegetation or habitat or any action that may cause disruption of nesting behavior such as loud noise from equipment and/or artificial night lighting. Surveys shall be conducted weekly, beginning no earlier than 30 days and ending no later than 3 days prior to 77 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 56 21169 the commencement of disturbance. If an active nest is discovered, disturbance within a particular buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the Biologist in consideration of species sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The Biologist shall record the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City of Newport Beach to document compliance with applicable State and federal laws pertaining to the protection of native birds. Similarly, for preserved vegetation that occurs within 50 to 100 feet of construction activities, if construction is occurring during the nesting season, preserved vegetation shall be surveyed for the presence of nesting birds. MM BIO-2: Flag or install construction fencing or silt fencing along the proposed Project boundaries to delineate construction limits and to prevent encroachment into adjacent natural communities. The limits of both the Superior and West Coast Highway wetlands will be clearly demarcated in the field and all on-site construction personnel will be informed about the wetland avoidance area prior to the commencement of construction activities. The construction contractor will install a solid protective barrier that is clearly visible to construction personnel, particularly any construction equipment operators, and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor the construction work to ensure that encroachment into the wetlands does not occur. MM BIO-3: Gravel bags should be placed along the tops of the v-ditches in order to minimize erosion and to prevent construction debris and potentially hazardous materials from entering the waterway during a rain event. MM BIO-4: Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint should be avoided to the greatest extent feasible. o Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint, that may be avoided, shall be flagged or construction or silt fencing should be installed along the avoidable vegetation to delineate construction limits and to prevent encroachment into adjacent natural communities. o Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which cannot be avoided will be mitigated through one of the following, in order of priority: Onsite Mitigation: Any temporary impacts to CSS will be revegetated within the Sunset Ridge planted area, in areas that are not currently vegetated. Specifically, there is an opportunity for revegetation in an area outside of the delineated wetlands that, with approval from the Commission, could provide additive benefits to the Sunset Ridge Park planted area, immediately to the northeast of the Project site. This will provide a continuation of the CSS habitat previously revegetated onsite. The City will replant the area to be equivalent to existing conditions, which consists of superior high quality native vegetation with coverage of primarily CSS. If this area is not approved for revegetation by the Commission, alternative onsite mitigation opportunities will be evaluated. Offsite Mitigation: Additive habitat assessment in the area adjacent to the project site within the replanted CSS would be provided to mitigate impacts 78 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 57 21169 from direct disturbance from the bridge structure and potential impacts from shading. One wetland area is located off site along the slope on the north side of Superior Avenue. Another wetland area is located along West Coast Highway, south of the proposed Project site. The proposed Project has been designed to avoid these wetlands. Mitigation Measure BIO-5, below, to ensure that the Project will not impact the wetlands. This adaptive management approach would safeguard the biological integrity of, as well as protect and preserve, the existing West Coast Highway wetlands. MM BIO-5: Following completion of the construction activities, the City will conduct monthly monitoring of the West Coast Highway wetlands to evaluate and document the associated conditions to determine if any unforeseen impacts from the proposed construction activities are occurring. This monthly monitoring will continue for up to one year, or until such time as it can be sufficiently demonstrated that the wetlands will continue to persist in perpetuity. If it is determined during post-construction monitoring that construction has resulted in an unexpected impact to the wetlands, appropriate remedial actions will be implemented by the City. For instance, an unforeseen disruption or obstruction of subsurface hydrology to the wetlands may warrant the City’s provision of an alternative water source that would continue to supply sufficient water to sustain the wetlands. The proposed Project would also require grading and excavation that may result in the discovery of previously unidentified artifacts related to California history or prehistory. Implementation of the following mitigation measures from the 2019 MND would also apply to the proposed Project and would result in less than significant impact to cultural resources and paleontological resources. MM CUL-1: If archaeological or paleontological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps (i.e., additional excavation, curation, preservation, etc.). MM CUL-2: During proposed Project construction, activities will be halted and an archaeologist must be available to evaluate the find. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. MM PALEO-1: All project-related ground disturbance that could potentially impact the Monterey Formation and the Old Paralic Deposits will be monitored by a qualified paleontological monitor on a full-time basis, as these geologic units are determined to have a high paleontological sensitivity. Project-related excavations that occur in surficial younger 79 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 58 21169 alluvial deposits (not mapped in the current study area but existing in the vicinity) will be monitored on a part-time basis to ensure that underlying paleontologically sensitive sediments are not being impacted. Excavations exceeding 5 feet in depth in Quaternary alluvium will be monitored on a full-time basis. MM PALEO-2: A qualified paleontologist will be retained to supervise monitoring of construction excavations and to produce a Paleontological Monitoring and Mitigation Plan for the proposed project. Paleontological resource monitoring will include inspection of exposed rock units during active excavations within sensitive geologic sediments. The monitor will have authority to temporarily divert grading away from exposed fossils and halt construction activities in the immediate vicinity in order to professionally and efficiently recover the fossil specimens and collect associated data. The qualified paleontologist will prepare progress reports to be filed with the lead agency. MM PALEO-3: At each fossil locality, field data forms will be used to record pertinent geologic data, stratigraphic sections will be measured, and appropriate sediment samples will be collected and submitted for analysis. MM PALEO-4: Matrix sampling would be conducted to test for the presence of microfossils. Testing for microfossils would consist of screen-washing small samples (approximately 200 pounds) to determine if significant fossils are present. If microfossils are present, additional matrix samples will be collected (up to a maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant microfossil sample). MM PALEO-5: Recovered fossils will be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and reposited in a designated paleontological curation facility. The most likely repository is the SDNHM. MM TCR -1: Prior to issuance of any grading permit, the Applicant shall provide satisfactory evidence that a Native American monitor (i.e., Gabrieleño Band of Mission Indians-Kizh Nation), has been retained to observe ground disturbance activities during grading and excavation. In the event that tribal cultural resources are discovered, the Native American monitor shall be included in the consultation on the recommended next steps. With implementation of the above mitigation measures to reduce impacts to biological, cultural, and paleontological resources, impacts will remain less than significant and no major revisions to the 2019 MND would be required. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. The 2019 MND analyzed several cumulative projects including the following: 80 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 59 21169 Project No: 18L11: West Coast Highway Median Landscaping: This project is the installation and enhancement of the landscaping and irrigation systems in the medians along West Coast Highway between the Santa Ana River and Newport Boulevard, and West Coast Highway and Balboa Boulevard/Superior Avenue. PA2008-047: Old Newport GPA Project: 328, 332, and 340 Old Newport Boulevard: This project is the demolition of 3 existing buildings to construct a medical office building. This project is currently under construction and is expected to be completed at the end of 2019. 15R19: Old Newport Boulevard/West Coast Highway Widening: This project is the widening of the westbound side of West Coast Highway, and realignment of Old Newport Boulevard. The 2019 MND concluded that in combination with other planned and pending development in the area, development of the proposed Project would have less than significant cumulative impacts. Since the time of Project approval, the City has received funding for an additional project which could be considered a cumulative project. This project includes widening West Coast Highway and constructing a pedestrian bridge across West Coast Highway to provide access from the parking lot across West Coast Highway as shown in Figure 4-2: West Coast Highway Pedestrian Bridge Location. As shown in Figure 4-3: West Coast Highway Bridge Rendering, this second bridge is not anticipated to block views of the ocean. However, it is unknown at this time when this Project would be constructed. Similar to other cumulative projects, this project would be considered a discretionary action that would trigger CEQA and it would be required to undergo project specific environmental review similar to the proposed Project, prior to construction. Impacts would be less than significant, and no major revisions to the 2019 MND would be required. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact. Effects to human beings are generally associated with air quality, noise, traffic safety, geology/soils, and hazards/hazardous materials. Similar to the 2019 Project, hazardous materials used during construction will be handled, stored, and disposed of according to local, State, and federal regulations. These impacts will cease upon completion of the proposed activities. Impacts will be less than significant. 81 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc.6021169Figure 4-2: West Coast Highway Pedestrian Bridge Location82 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc.6121169Figure 4-3: West Coast Highway Bridge Viewshed83 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 62 21169 SECTION 5.0 – REFERENCES California Department of Fish and Wildlife (CDFW) 2019 Data Viewer. DOC Maps. Accessed August 2020. https://maps.conservation.ca.gov/cgs/dataviewer/ California Department of Transportation (Caltrans) 2018 Height & Low Clearances, https://dot.ca.gov/programs/traffic-operations/legal-truck- access/height#:~:text=Height%20%26%20Low%20Clearances- ,Height%20%26%20Low%20Clearances,a%20height%20of%2014%20feet.&text=No%20 vehicle%20or%20load%20shall,of%2014%20feet%2C%203%20inches, accessed August 2020. City of Newport Beach 2005 Environmental Study Areas Map. Local Coastal Program; Coastal Land Use Plan. Available online at: https://www.newportbeachca.gov/PLN/LCP/LCP_2005_CLUP/MAP4- 1LCP05_ESA.pdf 2006 General Plan. Available online at: https://www.newportbeachca.gov/PLN/General_Plan/COMPLETE_FEB_2019/General_P lan_2006_Complete.pdf 2017a Coastal Land Use Plan. Available online at: https://www.newportbeachca.gov/PLN/LCP/Internet%20PDFs//CLUP_Cover%20and%2 0Table%20of%20Contents.pdf 2017b Local Coastal Program Implementation Plan. Available online at: https://www.codepublishing.com/CA/NewportBeach/html/pdfs/NewportBeach21.pdf 2019a Newport Beach Municipal Code. Accessed at: https://www.codepublishing.com/CA/NewportBeach/ 2019b Municipal Operations – Parks and Trees website. Available online at: https://www.newportbeachca.gov/government/departments/public-works/municipal- operations/parks-trees-20371 2020 Zoning Code Department of Conservation (DOC) 1981 Generalized Aggregate Resource Classification Map. Orange County – Temescal Valley and Adjacent Production. California Division of Mines and Geology. Department of Toxic Substances Control (DTSC) 84 Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 63 21169 2019 EnviroStor. Hazardous Waste and Substances Site List (Cortese). Accessed August 2020. https://www.envirostor.dtsc.ca.gov State Water Resources Control Board (SWRCB) 2014 National Pollutant Discharge Elimination System (NDPES) Permit. Order No. R8-2014- 0002. NPDES Permit No. CAS 618030. Accessed August 2020. https://www.waterboards.ca.gov/santaana/water_issues/programs/stormwater/docs/o cpermit/2014/Draft_R8-2014-0002.pdf United States Department of Agriculture (USDA) 2019 Natural Resources Conservation Service. Web Soil Survey. Accessed August 2020. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx United States Fish and Wildlife Service (USFWS) 2019 Information for Planning and Conservation (IPaC) Trust Resource Report. Information for Planning and Conservation. Accessed at https://ecos.fws.gov/ipac/ and generated on June 3, 2019. 2019 Revised List of Migratory Birds; Final Rule. 50 CFR Part 10. Federal Register 78 (212): 65844-65864. Available online: https://www.federalregister.gov/articles/2013/11/01/2013-26061/general-provisions- revised-list-of-migratory-birds, accessed August 2020. 85 Attachment No. ZA 4 Project Plans 86 GENERAL NOTESABBREVIATIONSSHEET INDEXVICINITY MAPR-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTTITLE SHEETSUPERIOR AVENUE PEDESTRIAN BRIDGEJAMES M. HOULIHAN, P.E., DEPUTY PWD / CITY ENGINEERPROJECT NO. 15T09DAVID A. WEBB, P.E., PUBLIC WORKS DIRECTORSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOT100 SUPERIOR AVEFWOCALITYCIOFNENIARA HC RTORPBE AND PARKING LOTC-8020-6SITE MAPT-11BASIS OF BEARINGSBENCHMARKEMERGENCY TELEPHONE NUMBERS87 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEGENERAL NOTES, LEGEND, KEY MAP AND PARKING LOTC-8020-6T-2GENERAL NOTES:KEYMAPREQUIRED INSPECTIONS:DOCUMENTATION:GRADING FILL/CUTS (CONTINUED):GRADING FILL/CUTS (CONTINUED):ADDITIONAL EROSION CONTROL (CONTINUED):ADDITIONAL EROSION CONTROL (CONTINUED):GRADING FILL/CUTS:EROSION CONTROL:ADDITIONAL EROSION CONTROL:STRUCTURAL OBSERVATION GENERAL NOTES:SP-1GR-1SS-1UT-1UT-1SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2SP-2GR-2GR-2GR-2GR-2SD-1SD-1SD-1SD-1SD-1SD-1SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2SS-2UT-2UT-2UT-2UT-2UT-2SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3SP-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3GR-3SD-2SD-2SD-2SD-2SD-2SD-2SD-2SD-2SD-2SD-2SD-2SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3SS-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3UT-3288 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGESURVEY CONTROLAND PARKING LOTC-8020-6T-3SURVEY CONTROL PLANSCALE: 1" = 80'SUPERIOR AVENUESUPERIOR AVENUESUPERIOR AVENUEWEST COAST HIGHWAYYHW HIGASWEST C389 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGETYPICAL SECTIONSAND PARKING LOTC-8020-6XS-1TYPICAL SECTION: WEST COAST HIGHWAY AND PLAZASECTION C-CNO SCALETYPICAL SECTION: SUPERIOR AVE AND PLAZASECTION A-ANO SCALETYPICAL SECTION: WEST COAST HIGHWAY AND PLAZASECTION B-BNO SCALE490 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGETYPICAL SECTIONSAND PARKING LOTC-8020-6XS-2TYPICAL SECTION: EAST PARKING LOTSECTION E-ENO SCALETYPICAL SECTION: DRIVEWAYSECTION D-DNO SCALE591 SP-1SSSPSPSPPP-1PP-P-P-P-P-PPPPPPPPPPPPPPPPPSSSSPSSSSSSSSSSPPSP-SPPPP-P-PPPPPPPPPPPPPPPPPPSPSPPPPSSSPP-1----P-P-P---PSPSPSPSSSSSSP-11P-1-11111111111111111-1-1-1-1----------P-P-SPPPPSPSPPSP-2P-P-P-P-P-P-P-SSSP-2SP-2SP-2SSSSSSSPSSPSPSPSPSPSPSPSPSP-SPP-P-P-2P-P-2P-2P-2P-2P-2P-2P-2P-2P-2-2-2-2-2-2SP-2SSSSP-P-P-SPSPSPSPSPSP-2P-P-P-P-SP-2P-P--2SP-P-2SP-2SP-SP-P-2P-2P-2P-2-2-2SPSPSPSPSPSSSS-2P-2SPSPSP-2P--2SP-3SPSPSPSPSPSPSPSPSPSPSP33P-3SSSSSSSPSSSP-SPSPSPSPSPSP-SPP-SPP-3P-3SPSPSPSSSSSSSSPSPSPSPPSPP--3P-3SPSSP-33P-3PSP3P-3PR-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSITE PLANSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SP-2SP-1KEYMAPWEST COAST HIGHWAYWSUPERIOR AVENUEENERSUNSET RIDGE PARK"S" LINES" LE" " NOTES:CONSTRUCT 1.5' CURB OPENINGPER DETAIL ON THIS SHEETCONSTRUCT 3' CURB TRANSITIONPER DETAIL ON THIS SHEETCONSTRUCT SIDEWALK PER CNB STD-180-LCONSTRUCT TYPE A PCC CURB AND GUTTERPER CNB STD-182-LCONSTRUCT TYPE A PCC CURB AND GUTTER (MOD)PER DETAIL ON SHEET SP-3CONSTRUCT TYPE B PCC CURBPER CNB STD-182-LCONSTRUCT TYPE B PCC CURB (MOD)PER DETAIL ON SHEET SP-3CONSTRUCT THICKENED SIDEWALK EDGE TREATMENTSEE BIOFILTRATION BMP DETAIL ON SHEET SDD-1FOR ADDITIONAL DETAILSLEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACEPROPOSED ASPHALT PAVEMENT4" AC5" CMBPORTLAND CEMENT CONCRETEPROPOSED VEHICULAR CONCRETE PAVEMENT9" PCC6" CMBPROPOSED PEDESTRIAN CONCRETE4" PCCPROPOSED DETECTABLE WARNING SURFACECURB DATASEE SHEET SP-4NORTHING AND EASTING COORDINATESSEE SHEET SP-4CONSTRUCTION NOTES692 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSITE PLANSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SP-1MATCH LINE SEE SHEET SP-3SP-2NOTES:CONSTRUCT 1.5' CURB OPENINGPER DETAIL ON THIS SHEETCONSTRUCT 3' CURB TRANSITIONPER DETAIL ON THIS SHEETCONSTRUCT SIDEWALK PER CNB STD-180-LCONSTRUCT TYPE A PCC CURB AND GUTTERPER CNB STD-182-LCONSTRUCT TYPE A PCC CURB AND GUTTER (MOD)PER DETAIL ON SHEET SP-3CONSTRUCT TYPE B PCC CURBPER CNB STD-182-LCONSTRUCT TYPE B PCC CURB (MOD)PER DETAIL ON SHEET SP-3CONSTRUCT THICKENED SIDEWALK EDGE TREATMENTSEE BIOFILTRATION BMP DETAIL ON SHEET SDD-1FOR ADDITIONAL DETAILSWEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYSUPERIOR AVENUEAVRRIPESUEEEUEENKEYMAPNOT TO SCALE'D R W Y 'Y ' LY' L' L ILI NLININ ENENELINLININENENE D RDRDR'D'D'D'D'D'D'DDDDDD RDRDR'D'D'D'D'D'D'D'D'D'D'DDDDDDDD RDR'D'D'D'D'D'D'D'D'D'D'D'D'D'DDDDDD RDDDDDDDDDRDDRDD'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D CONCRETE CURB TRANSITIONTYPE B PCC CURB PER CNB STD-182-L-ANO SCALECONCRETE CURB OPENINGTYPE B PCC CURB PER CNB STD-182-L-ANO SCALE"S" LINENE" LINNE LINLININELINEININEINEINEINEINENEINEINELININELINELIN"S"Y ' LEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACEPROPOSED ASPHALT PAVEMENT4" AC5" CMBPORTLAND CEMENT CONCRETEPROPOSED VEHICULAR CONCRETE PAVEMENT9" PCC6" CMBPROPOSED PEDESTRIAN CONCRETE4" PCCPROPOSED DETECTABLE WARNING SURFACECURB DATASEE SHEET SP-4NORTHING AND EASTING COORDINATESSEE SHEET SP-4CONSTRUCTION NOTES793 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSITE PLANSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SP-2SP-3KEYMAPWEST COAST HIGHWAYSUPERIOR AVENUENUAVORPERSUHOAG HOSPITAL4' PCC CROSS GUTTER DETAILSEE CNB STD-182-L FOR ADDITIONAL DETAILNO SCALETYPE B PCC CURB (MOD)TYPE B PCC CURB (MOD)SEE CNB STD-182-L FOR ADDITIONAL DETAILNO SCALETYPE A PCC CURB AND GUTTER (MOD)TYPE A PCC CURB AND GUTTER (MOD)SEE CNB STD-182-L FOR ADDITIONAL DETAILNO SCALENOTES:CONSTRUCT 1.5' CURB OPENINGPER DETAIL ON SHEET SP-2CONSTRUCT 3' CURB TRANSITIONPER DETAIL ON SHEET SP-2CONSTRUCT SIDEWALK PER CNB STD-180-LCONSTRUCT TYPE A PCC CURB AND GUTTERPER CNB STD-182-LCONSTRUCT TYPE A PCC CURB AND GUTTER (MOD)PER DETAIL ON THIS SHEETCONSTRUCT TYPE B PCC CURBPER CNB STD-182-LCONSTRUCT TYPE B PCC CURB (MOD)PER DETAIL ON THIS SHEETCONSTRUCT THICKENED SIDEWALK EDGE TREATMENTSEE BIOFILTRATION BMP DETAIL ON SHEET SDD-1FOR ADDITIONAL DETAILSLEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACEPROPOSED ASPHALT PAVEMENT4" AC5" CMBPORTLAND CEMENT CONCRETEPROPOSED VEHICULAR CONCRETE PAVEMENT9" PCC6" CMBPROPOSED PEDESTRIAN CONCRETE4" PCCPROPOSED DETECTABLE WARNING SURFACECURB DATASEE SHEET SP-4NORTHING AND EASTING COORDINATESSEE SHEET SP-4CONSTRUCTION NOTES894 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSITE PLANSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6SP-4995 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGECONSTRUCTION DETAILSAND PARKING LOTC-8020-6CD-1SUPERIOR AVECONSTRUCTION DETAIL: CURB RAMPS CASE H AND CROSS GUTTERPER CNB STD-181-L-B AND STD-185-LSCALE: 1" = 5'"DRWY" LINE"DRWY" LINECONSTRUCTION DETAIL: CURB RAMP CASE HPER CNB SD STD -181-L-BSCALE: 1" = 5'CONSTRUCTION DETAIL: CURB RAMP CASE CPER CNB STD-181-L-ASCALE: 1" = 5'1096 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGECONSTRUCTION DETAILSAND PARKING LOTC-8020-6CD-2CONSTRUCTION DETAIL: DRIVEWAYSCALE: 1" = 5'1197 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEGRADING PLANAND PARKING LOTC-8020-6KEYMAPSUNSET RIDGE PARKSUNSET RIDGE PARKGR-1"S" LINE"S" LINE"S" LINE"S" LINESUPERIOR AVENUENRPROFILE: S LINEPROFILE: S LINEPROFILE: S LINEPROFILE: S LINE12LEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACEPROPOSED TEMPORARY HIGH VISIBILITY FENCEWITH TEMPORARY SILT FENCE PER CALTRANSSTD. PLAN NO. T65PARKING LOT GRADE BREAKGRADING LIMITDRAINAGE FLOW98 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEGRADING PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET GR-1MATCH LINE SEE SHEET GR-3GR-2KEYMAPWEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYSUPERIOR AVENUEENUERISUR A'D R W Y ' L I N E 'D'DD R Y ' L "S" LINEINELINEININEINEINEINEINENEINEINELININELINELIN"S"NE" LINNE LINLIN13LEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACEPROPOSED TEMPORARY HIGH VISIBILITY FENCEWITH TEMPORARY SILT FENCE PER CALTRANSSTD. PLAN NO. T65PARKING LOT GRADE BREAKGRADING LIMITDRAINAGE FLOW99 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEGRADING PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET GR-2GRAPHIC SCALE1 INCH = 20 FEETGR-3WEST COAST HIGHWAYSUPERIOR AVENUENUAVORPERSUKEYMAPNOT TO SCALE14LEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACEPROPOSED TEMPORARY HIGH VISIBILITY FENCEWITH TEMPORARY SILT FENCE PER CALTRANSSTD. PLAN NO. T65PARKING LOT GRADE BREAKGRADING LIMITDRAINAGE FLOW100 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTEROSION CONTROL PLANC-8020-6EC-1KEYMAPNOT TO SCALELEGENDEXISTING RIGHT OF WAY / PROPERTY LINETEMPORARY DRAINAGE INLET PROTECTION(TYPE 6B) PER CALTRANS STD. PLAN NO. T64TEMPORARY DRAINAGE INLET PROTECTION(TYPE 3B) MOD PER DETAIL ON SHEET ECD-1HYDROMULCHTEMPORARY FIBER ROLLTEMPORARY SILT FENCETEMPORARY CONSTRUCTION ENTRANCECONSTRUCTION NOTESMATCH LINE SEE SHEET EC-2WEST COAST HIGHWAYWSUPERIOR AVENUEENERSUNSET RIDGE PARKSUNSET RIDGE PARK"S" LINES" LE" " NOTES:INSTALL TEMPORARY DRAINAGE INLET PROTECTION (TYPE 6B) PER CALTRANS STD. PLAN NO. T64INSTALL TEMPORARY DRAINAGE INLET PROTECTION (TYPE 3B) MOD PER DETAILINSTALL AND MAINTAIN TEMPORARY HYDROMULCH UNTIL FINAL EROSION CONTROL/PLANTING IS APPLIEDINSTALL TEMPORARY FIBER ROLLINSTALL TEMPORARY CONSTRUCTION ENTRANCEINSTALL TEMPORARY SILT FENCE PER CALTRANS STD. PLAN NO. T51POLLUTION PREVENTION NOTESIn order to meet the requirements of the National Pollutant Discharge Elimination System(NPDES) program for construction, construction contractors shall install and maintainappropriate Best Management Practices (BMP's), as shown in the Erosion and SedimentControl Plan, on all construction projects. BMPs shall be installed in accordance withindustry recommended standards, and / or in accordance with any General ConstructionPermit issued by the state for the project to prevent any discharges from the project site orinto any storm drain facilities. All sediments, construction materials, debris and wastes, andother pollutants must be retained on site and may not be transported from the site viasheet flow, swales, area drains, natural drainage courses, wind, or vehicle tracking. Underdirection of the Engineer of Record, erosion and / or sediment control devices shall bemodified as needed as the project progresses to ensure effectiveness.DRY SEASON REQUIREMENTSSPECIFIED BMPsBMP Detail(s)A. Wind erosion BMPs (dust control) shall be implemented.WE-1B. Sediment control BMPs shall be installed and maintainedat all operational storm drain inlets internal to the project.WE-1SE-10WM-8, WM-9NS-1, NS-3, NS-12C. BMPs to control off-site sediment tracking shall beimplemented and maintained.D.Appropriate waste management and materials pollutioncontrol BMPs shall be implemented to prevent thecontamination of stormwater by wastes and constructionmaterialsE.Appropriate non-stormwater BMPs shall be implementedto prevent the contamination of stormwater fromconstruction activitiesEC-1F. Deployment of permanent erosion control BMPs(physical or vegetation) shall commence as soon aspractical on slopes that are completed for any portion ofthe site. Standby BMP materials shall not be relied uponto prevent erosion of slopes that have been completed.WET SEASON REQUIREMENTSIN ADDITION TO DRY SEASON REQUIREMENTSSPECIFIED BMPsBMP Detail(s)A. Sediment control BMPs shall be implemented at the siteperimeter, at all operational storm drain inlets and at allnon-active slopes, to provide sufficient protection forstorms likely to occur during the rainy season.SE-6, SE-10B. Adequate physical or vegetation erosion control BMPs(temporary or permanent) shall be installed andestablished for all completed slopes prior to the start ofthe rainy season. These BMPs must be maintainedthroughout the rainy season. If a selected BMP fails, itmust be repaired and improved, or replaced with anacceptable alternate as soon as it is safe to do so. Thefailure of a BMP may indicate that the BMP, as installed,was not adequate for the circumstances in which it wasused. Repairs or replacements must result in a morerobust BMP, or additional BMPs should be installed toprovide adequate protection.EC-5EC-1SE-6, SE-7, SE-10C. The amount of exposed soil allowed at one time shall notexceed that which can be adequately protected bydeploying the referenced standby erosion control andsediment control BMPs prior to a predicted rainstorm.D. A disturbed area that is not completed but that is notbeing actively graded (non-active area) shall be fullyprotected from erosion with the referenced temporaryand/or permanent BMPs (erosion and sediment control).The ability to deploy standby BMP materials is notsufficient in these areas. Erosion and sediment controlBMPs must actually be deployed. This includes allbuildings, pads, unfinished roads and slopes.E. Sufficient materials needed to install referenced standbyerosion and sediment control BMPs necessary tocompletely protect the exposed portions of the site fromerosion and to to prevent sediment discharges shall bestored on site. Areas that have already been protectedfrom erosion using permanent physical stabilization orestablished vegetation stabilization BMPs are notconsidered "exposed" for purposes of this requirement.SE-6, SE-7, SE-10NOTE 1: There shall be a "weather triggered" action plan and the ability to deploystandby sediment control BMPs as needed to completely protect the exposedportions of the site within 48 hours of a predicted storm event (a predicted stormevent is defined as a forecasted 50% chance of rain).NOTE 2: Sufficient materials needed to install the standby sediment control BMP(at the site perimeter, site slopes and operational inlets within the site) necessary toprevent sediment discharges from exposed portions of the site shall be stored onsite. Areas that have already been protected from erosion using physicalstabilization or established vegetation stabilization BMPs as described in item Fabove are not considered "exposed" for purposes of this requirement.I hereby certify that I have read and understand the requirements in theConstruction Runoff Guidance Manual and that the erosion control plans and BMPsshown hereon are in compliance with these requirements.Signed by: RCE/ PE Number: C52187In case of emergency, the responsible person to be contacted shall be:Name: Title:Company: 24-Hr Phone No.:Company: 15101 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTEROSION CONTROL PLANC-8020-6MATCH LINE SEE SHEET EC-3EC-2WEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYSUPERIOR AVENUEEN AVIORPEREEESUUEEAVEAERIOKEYMAPNOT TO SCALE'D R W Y ' L I N ELINE D RDRDR'D'D'D'D'D'D'DDDDDD RDRDR'D'D'D'D'D'D'D'D'D'D'DDDDDDDD RDR'D'D'D'D'D'D'D'D'D'D'D'D'D'DDDDDD RDDDDDDDDDRDDRDD'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D Y ' D RR WRW Y '"S" LINENE" LINNE LINLINMATCH LINE SEE SHEET EC-116NOTES:INSTALL TEMPORARY DRAINAGE INLET PROTECTION (TYPE 6B) PER CALTRANS STD. PLAN NO. T64INSTALL TEMPORARY DRAINAGE INLET PROTECTION (TYPE 3B) MOD PER DETAILINSTALL AND MAINTAIN TEMPORARY HYDROMULCH UNTIL FINAL EROSION CONTROL/PLANTING IS APPLIEDINSTALL TEMPORARY FIBER ROLLINSTALL TEMPORARY CONSTRUCTION ENTRANCEINSTALL TEMPORARY SILT FENCE PER CALTRANS STD. PLAN NO. T51LEGENDEXISTING RIGHT OF WAY / PROPERTY LINETEMPORARY DRAINAGE INLET PROTECTION(TYPE 6B) PER CALTRANS STD. PLAN NO. T64TEMPORARY DRAINAGE INLET PROTECTION(TYPE 3B) MOD PER DETAIL ON SHEET ECD-1HYDROMULCHTEMPORARY FIBER ROLLTEMPORARY SILT FENCETEMPORARY CONSTRUCTION ENTRANCECONSTRUCTION NOTES102 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTEROSION CONTROL PLANC-8020-6MATCH LINE SEE SHEET EC-2EC-3KEYMAPWEST COAST HIGHWAYSUPERIOR AVENUEORPERSUUEVEHOAG HOSPITAL17NOTES:INSTALL TEMPORARY DRAINAGE INLET PROTECTION (TYPE 6B) PER CALTRANS STD. PLAN NO. T64INSTALL TEMPORARY DRAINAGE INLET PROTECTION (TYPE 3B) MOD PER DETAILINSTALL AND MAINTAIN TEMPORARY HYDROMULCH UNTIL FINAL EROSION CONTROL/PLANTING IS APPLIEDINSTALL TEMPORARY FIBER ROLLINSTALL TEMPORARY CONSTRUCTION ENTRANCEINSTALL TEMPORARY SILT FENCE PER CALTRANS STD. PLAN NO. T51LEGENDEXISTING RIGHT OF WAY / PROPERTY LINETEMPORARY DRAINAGE INLET PROTECTION(TYPE 6B) PER CALTRANS STD. PLAN NO. T64TEMPORARY DRAINAGE INLET PROTECTION(TYPE 3B) MOD PER DETAIL ON SHEET ECD-1HYDROMULCHTEMPORARY FIBER ROLLTEMPORARY SILT FENCETEMPORARY CONSTRUCTION ENTRANCECONSTRUCTION NOTES103 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTEROSION CONTROL DETAILSC-8020-6ECD-1TEMPORARY DRAINAGE INLET PROTECTION (TYPE 3B MOD)TEMPORARY DRAINAGE INLET PROTECTION (TYPE 3B MOD)NO SCALE18104 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGESTORM DRAIN PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SD-2SD-1WEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYWEST COAST HIGHWAYSUPERIOR AVENUEEN AVIORPEREEESUUEEAVEAERIOKEYMAPNOT TO SCALEW Y ' L I N ELINEY' Y ''D R W YDRDRDR'D'D'D'D'D'D'DDDDDD RDRDR'D'D'D'D'D'D'D'D'D'D'DDDDDDDD RDR'D'D'D'D'D'D'D'D'D'D'D'D'D'DDDDDD RDDDDDDDDDRDDRDD'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'DD RR W "S" LINENE" LINNE LINLININELINEININEINEINEINEINENEINEINELININELINELIN"S"NOTES:INSTALL 18" RCP SD PIPEINSTALL 18" SDR 35 PVC SD PIPEINSTALL 8" SDR 35 PVC AREA DRAIN PIPECONSTRUCT BIORETENTION BMP PER DETAIL ON SHEET SDD-1INSTALL 8" CLEANOUT PER DETAIL ON SHEET SDD-1INSTALL OBSERVATION WELL PER DETAIL ON SHEET SDD-1INSTALL 18"x18" CATCH BASIN PER DETAIL ON SHEET SDD-2CONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT TYPE G1 INLET PER CALTRANS STD. PLAN NO. D72BCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-LCONSTRUCT PARKWAY CULVERT TYPE "C" PER CITY OF NEWPORT BEACH STD. NO. 319-LCONSTRUCT 242.6' SWALE PER DETAIL ON SHEET SDD-2REMOVE 111.1' OF EXIST CONCRETE DITCHREMOVE EXIST INLETREMOVE EXIST MANHOLEINSTALL 8" PERFORATED SDR 35 PVC SUB DRAIN PIPEREMOVE EXIST HEADWALLREMOVE 73.4' OF EXIST CONCRETE DITCHWALL DRAIN PER RETAINING WALL PLANSRETAINING WALL GUTTER PER RETAINING WALL PLANSINSTALL 24" RCP SD PIPELEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED RETAINING WALLBIORETENTION BMPCENTERLINE STORM DRAIN DATANORTHING AND EASTING COORDINATESCONSTRUCTION NOTES19105 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGESTORM DRAIN PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SD-1SD-2KEYMAPWEST COAST HIGHWAYSUPERIOR AVENUEORPERSUUEVEHOAG HOSPITALLEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED RETAINING WALLBIORETENTION BMPCENTERLINE STORM DRAIN DATANORTHING AND EASTING COORDINATESCONSTRUCTION NOTESNOTES:INSTALL 18" RCP SD PIPEINSTALL 18" SDR 35 PVC SD PIPEINSTALL 8" SDR 35 PVC AREA DRAIN PIPECONSTRUCT BIORETENTION BMP PER DETAIL ON SHEET SDD-1INSTALL 8" CLEANOUT PER DETAIL ON SHEET SDD-1INSTALL OBSERVATION WELL PER DETAIL ON SHEET SDD-1INSTALL 18"x18" CATCH BASIN PER DETAIL ON SHEET SDD-2CONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT TYPE G1 INLET PER CALTRANS STD. PLAN NO. D72BCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-LCONSTRUCT PARKWAY CULVERT TYPE "C" PER CITY OF NEWPORT BEACH STD. NO. 319-LCONSTRUCT 242.6' SWALE PER DETAIL ON SHEET SDD-2REMOVE 111.1' OF EXIST CONCRETE DITCHREMOVE EXIST INLETREMOVE EXIST MANHOLEINSTALL 8" PERFORATED SDR 35 PVC SUB DRAIN PIPEREMOVE EXIST HEADWALLREMOVE 73.4' OF EXIST CONCRETE DITCHWALL DRAIN PER RETAINING WALL PLANSRETAINING WALL GUTTER PER RETAINING WALL PLANSINSTALL 24" RCP SD PIPE20106 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTSTORM DRAIN PROFILEC-8020-6SDPF-1PROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESL5, L6, L7, L8, AND L9L5, L6, L7, L8, AND L9L5, L6, L7, L8, AND L9L5, L6, L7, L8, AND L9PROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESPROFILE: STORM DRAIN LINESL1, L2, L3, AND L4L1, L2, L3, AND L4NOTES:NOTES:CONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT GCP INLET PER CALTRANS STD. PLAN NO. D75BCONSTRUCT TYPE G1 INLET PER CALTRANS STD. PLAN NO. D72BCONSTRUCT TYPE G1 INLET PER CALTRANS STD. PLAN NO. D72BCONSTRUCT TYPE G1 INLET PER CALTRANS STD. PLAN NO. D72BCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT JUNCTION STRUCTURE NO. 1 PER CITY OF NEWPORT BEACH STD. NO. 310-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-LCONSTRUCT CONCRETE COLLAR PER CITY OF NEWPORT BEACH STD. NO. 313-L21107 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTSTORM DRAIN DETAILSC-8020-6SDD-1BIORETENTION BMPNO SCALESPLASH PADNO SCALELINER FASTENING DETAILNO SCALE8" CLEANOUTS & OBSERVATION WELLNO SCALECURB CUTNO SCALE22108 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6SDD-2SWALENO SCALE18"x18" CATCH BASINNO SCALELINER PENETRATIONNO SCALEPVC PIPE CONNECTION TO STORMDRAIN STRUCTURENO SCALE23109 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTUTILITY AND LIGHTING PLAN SUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SP-2UT-1KEYMAPWEST COAST HIGHWAYSTSTSSUPERIOR AVENUEENERSUNSET RIDGE PARK"S" LINES" LE" " LEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACE24110 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTUTILITY AND LIGHTING PLAN SUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SP-1MATCH LINE SEE SHEET SP-3UT-2WEST COAST HIGHWAYSUPERIOR AVENUEENR ARSUKEYMAPNOT TO SCALE"S" LINENE" LINNE LINLININELINEININEINEINEINEINENEINEINELININEINELINELIN"S"'D R W Y ' L I N ELINE D RDRDR'D'D'D'D'D'D'DDDDDD RDRDR'D'D'D'D'D'D'D'D'D'D'DDDDDDDD RDR'D'D'D'D'D'D'D'D'D'D'D'D'D'DDDDDD RDDDDDDDDDRDDRDD'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D'D Y ' R WRWLEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACE25111 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTUTILITY AND LIGHTING PLAN SUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SP-2UT-3KEYMAPWEST COAST HIGHWAYSUPERIOR AVENUENUAVORPERSUHOAG HOSPITALLEGENDEXISTING WATEREXISTING SEWEREXISTING TELECOMEXISTING ELECTRICEXISTING GASEXISTING FIBER OPTICEXISTING RIGHT OF WAY / PROPERTY LINEPROPOSED CAST IN PLACE RETAINING WALLPROPOSED SEGMENTAL RETAINING WALLPROPOSED SEGMENTAL WALL BOTTOM FACE26112 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTC-8020-6TRAFFIC SIGNAL MODIFICATION PLANTS-1SUPERIORWEST COASTBALBOA AVENUEBALBOA AVAVENUEAVAVEVENUEAVEVENUEAVAVEVENENUNUEHIGHWAYYAHGHIWAYAWAWHHCONSTRUCTION NOTES27113 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGESIGNING AND STRIPING PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SS-2KEYMAPWEST COAST HIGHWAYWAYHWAYAYHWAYWAHWAYAYHWAHWAHWAHWASUPERIOR AVENUESUNSET RIDGE PARKSS-1"S" LINESS"NE28114 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGESIGNING AND STRIPING PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SS-1MATCH LINE SEE SHEET SS-3SS-2KEYMAPWEST COAST HIGHWAYSUPERIOR AVENUENUR AERISUTYPICAL ADA PARKING STALL DETAILTYPICAL PARKING STALL DETAILSTRIPING LEGEND:DOUBLE YELLOW LINE, PER CSP A20A DETAIL 2112" WHITE LIMIT LINE, PER CSP A24ESTOP PAVEMENT MARKING, PER CSP A24DSIGN LEGEND:"D R W Y " L I N E "D E "D"D Y "W Y "S" LINENE" LINNE LINLIN29115 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGESIGNING AND STRIPING PLANAND PARKING LOTC-8020-6MATCH LINE SEE SHEET SS-2SS-3KEYMAPWEST COAST HIGHWAYSUPERIOR AVENUENUAVORPERSU30116 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGERETAINING WALL PLAN AND PROFILE AND PARKING LOTC-8020-6RW-1MATCH LINE STATION 13+00SEE RIGHTPLAN: SEGMENTAL WALL 1SCALE: 1"=20'PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00MATCH LINE STATION 15+00SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2SEE SHEET C-RW-2MATCH LINE STATION 13+00SEE LEFTMATCH LINE STATION 15+00SEE SHEET C-RW-2LEGEND:SEGMENTAL RETAINING WALLSEGMENTAL WALL BOTTOM FACENOTE:TOP OF WALL (TW) AND BOTTOM OF WALL (BW) STEP ARE SHOWNIN APPROXIMATE LOCATIONS REQUIRED TO MEET THE GRADEAND LAYOUT REQUIREMENT OF THE SITE. STEPS TO BE SLOPEDAS SHOWN IN "STEPPED TOP AND BOTTOM OF WALL DETAIL"31117 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGERETAINING WALL PLAN AND PROFILE AND PARKING LOTC-8020-6RW-2MATCH LINE STA 15+00SEE SHEET C-RW-1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1PROFILE: SEGMENTAL WALL 1MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00MATCH LINE STA 15+00SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1SEE SHEET C-RW-1PLAN: SEGMENTAL WALL 1SCALE: 1"=20'LEGEND:SEGMENTAL RETAINING WALLSEGMENTAL WALL BOTTOM FACENOTE:TOP OF WALL (TW) AND BOTTOM OF WALL (BW) STEP ARE SHOWNIN APPROXIMATE LOCATIONS REQUIRED TO MEET THE GRADEAND LAYOUT REQUIREMENT OF THE SITE. STEPS TO BE SLOPEDAS SHOWN IN "STEPPED TOP AND BOTTOM OF WALL DETAIL"32118 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGERETAINING WALL PLAN AND PROFILE AND PARKING LOTC-8020-6RW-3PROFILE: SEGMENTAL WALL 2PROFILE: SEGMENTAL WALL 2PROFILE: SEGMENTAL WALL 2PROFILE: SEGMENTAL WALL 2PROFILE: SEGMENTAL WALL 2PROFILE: SEGMENTAL WALL 2PLAN: CIP RETAINING WALL 3SCALE: 1"=20'PROFILE: CIP RETAINING WALL 3PROFILE: CIP RETAINING WALL 3PROFILE: CIP RETAINING WALL 3PROFILE: CIP RETAINING WALL 3PROFILE: CIP RETAINING WALL 3PROFILE: CIP RETAINING WALL 3PLAN: SEGMENTAL WALL 2SCALE: 1"=20'LEGEND:SEGMENTAL RETAINING WALLSEGMENTAL WALL BOTTOM FACENOTE:TOP OF WALL (TW) AND BOTTOM OF WALL (BW) STEP ARE SHOWNIN APPROXIMATE LOCATIONS REQUIRED TO MEET THE GRADEAND LAYOUT REQUIREMENT OF THE SITE. STEPS TO BE SLOPEDAS SHOWN IN "STEPPED TOP AND BOTTOM OF WALL DETAIL"33119 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGERETAINING WALL PLAN AND PROFILE AND PARKING LOTC-8020-6RW-4PLAN: CIP RETAINING WALL 4SCALE 1" = 20'PROFILE: CIP RETAINING WALL 4PROFILE: CIP RETAINING WALL 4PROFILE: CIP RETAINING WALL 4PROFILE: CIP RETAINING WALL 4PLAN: CIP RETAINING WALL 5SCALE 1" = 20'PROFILE: CIP RETAINING WALL 5PROFILE: CIP RETAINING WALL 5PROFILE: CIP RETAINING WALL 5PROFILE: CIP RETAINING WALL 5PROFILE: CIP RETAINING WALL 5PROFILE: CIP RETAINING WALL 5LEGEND:CAST IN PLACE RETAINING WALLCAST IN PLACE RETAINING WALL FOOTINGCALTRANS STANDARD PLAN34120 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGERETAINING WALL PLAN AND PROFILE AND PARKING LOTC-8020-6RW-5PROFILE: CIP RETAINING WALL 6PROFILE: CIP RETAINING WALL 6PROFILE: CIP RETAINING WALL 6PROFILE: CIP RETAINING WALL 6PROFILE: CIP RETAINING WALL 6PROFILE: CIP RETAINING WALL 6PLAN: CIP RETAINING WALL 6SCALE: 1"=20'PLAN: CIP RETAINING WALL 7SCALE: 1"=20'PROFILE: CIP RETAINING WALL 7PROFILE: CIP RETAINING WALL 7PROFILE: CIP RETAINING WALL 7PROFILE: CIP RETAINING WALL 7PROFILE: CIP RETAINING WALL 7PROFILE: CIP RETAINING WALL 7LEGEND:CAST IN PLACE RETAINING WALLCAST IN PLACE RETAINING WALL FOOTINGCALTRANS STANDARD PLAN35121 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTRETAINING WALL DETAILSC-8020-6RW-610 34"18 14"10 34"18 14"12 14"8"12 14"SECTION APLAN VIEWSEGMENTAL 40 BLOCK DETAILFRONT OF WALL DETAILEND OF WALL TRANSITION DETAILSGEOGRID PLACEMENT ON CURVES DETAILGEOGRID CONNECTION DETAILTOP OF WALL DETAILSSTEPPED TOP AND BOTTOM OF WALL DETAILTYPICAL SLOPE CONDITION DETAILTYPICAL LEVEL CONDITION DETAIL36122 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTRETAINING WALL DETAILSC-8020-6RW-7TYPICAL SEGMENTAL WALL CROSS SECTION NOTES: DESIGN NOTES:37123 R-7008-S74CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTSUPERIOR AVENUE PEDESTRIAN BRIDGEAND PARKING LOTRETAINING WALL DETAILSC-8020-6RW-7CIP RETAINING WALL 3 TYPICAL SECTIONNO SCALECIP RETAINING WALL 4, 5, 6 TYPICAL SECTIONNO SCALECIP RETAINING WALL 7 TYPICAL SECTIONNO SCALE38ARCHITECTURAL TREATMENTAT BEGINNING AND END OF WALLNO SCALESECTION A-ANO SCALESECTION B-BNO SCALE124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 1 of 16 December 9, 2020 Mr. Jaime Murillo, Zoning Administrator City of Newport Beach Subject: Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Coastal Development Permit No. CD2020-143 Variance from development standards for excess bridge abutment height and bridge height Addendum ND2019-002 to Mitigated Negative Declaration SCH 2019099074 Mr. Murillo, The following comments are submitted following review of the Staff Report and attachments for the above project. Let me start by saying circumstances have changed significantly since the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (prior project) was approved in 2019. Most importantly, the public has learned of the true objective behind the project. That objective being the plan to widen West Coast Highway at Superior Avenue. An objective not disclosed to the public or discussed in the prior project’s Staff Report, Project Findings or California Environmental Quality Act (CEQA) documentation. Given the new information about the prior project’s objective, the proposed Superior Avenue bridge component must be severed from the prior project’s approvals and Mitigated Negative Declaration SCH 2019099074 (MND). The proposed Project while sharing similarities to the prior project, is a “new” project and must be evaluated as such. Staff is relying in part on the prior MND for compliance with CEQA. To address the changes in circumstances, Staff prepared a CEQA Initial Study and is proposing an Addendum (ND2019-002) to the MND prepared for the prior project. Like the MND prepared for the prior project, the proposed Addendum fails to address the proposed Project’s primary object and intent. The proposed Addendum fails to consider changes in circumstances since the approval of the prior project. If the CEQA Initial Study for the proposed Project had considered the proposed Project’s object and changes in circumstances, the Initial Study would have concluded the proposed Project has the potential to result significant adverse impacts on the environment and determined an Environmental Impact Report is the correct document in satisfaction of the CEQA. Importantly, a review of the proposed Project plans indicates the height of the proposed bridge exceeds the height Variance allowed by the Municipal Code and Local Coastal Plan (LCP). Therefore, the design of the proposed Project must be re-evaluated. It is recommended the City take the following actions:  Remedy the deficiencies identified herein prior to action on the proposed Project.  The Item be continued to a future date.  The bridge component of the prior project’s entitlements (Coastal Development Permit and its MND) be severed/invalidated from the prior approval. The bridge approval is based on false pretenses. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 2 of 16  The existing Coastal Development Permit application filed with the Coastal Commission for the prior project be withdrawn. The application is based on false pretenses.  The Section 4(f) De Minimis Memorandum the City submitted to Caltrans be withdrawn or amended. The Memorandum contains statements not in the public record. Specific comments on the proposed Project are provided below. 1. Changes in Circumstances: In order to adequately scope the analysis, any changes in circumstances occurring since the approval of the prior project in 2019 must be identified. Changes in circumstances we have identified include but are not limited to the following:  The clarification by City Staff of the intent/objective of the prior project;  The linkage of the prior project/proposed Project to the West Coast Highway Widening and Pedestrian Bridge (“WCH Bridge”) project;  The effects of Covid-19 on the Sunset Ridge Park;  The changing definition of what constitutes a safe street and a smart street and its relationship to the General Plan Vision Statement;  The expansion of the Sunset View Park and inclusion of the scenic view point;  The prior project’s deletion of the proposed dog park and it impact on site grading and landform alteration;  The construction of the OCC Maritime Training Center Project bridge; and  The Coastal Development Permit application submittal by the City for the prior project and pending Commission action; and  The revised design of the proposed bridge and its abutments over Superior Avenue. All changes in circumstances must be identified and fully evaluated by Project documentation. 2. Required Entitlements: Based on the site location and project description, City Staff has identified the proposed Project requires the following discretionary actions:  Approval of a Coastal Development Permit (CD2020-143)  Certification of an Addendum to a previously certified Mitigated Negative Declaration (ND2019- 002) The Project Description, Staff Report, CEQA Addendum and public notices fail to identify the need for a Variance to the development standards contained in the City Municipal Code/LCP. Fortunately, the need for a Variance is clearly stated multiple times in the draft Resolution for the Project. The term “Variance” is a legally defined term which represents an important entitlement. The requirement for a Variance means the City has determined the proposed Project is inconsistent with the City Municipal Code and City LCP. The wording used in Project documentation is confusing and misleading and has the effect of downplaying the significance of the proposed Project’s inconsistency with the Municipal Code/LCP. The wording does not clearly explain the magnitude of the Variances. The wording describes the Variances as a request to be excused from site development standards, intentionally downplaying the significance to the public. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 3 of 16 3. Project Description:  The Project Description and/or Existing Setting fails to explain what component of 2019 project remain in effect, if any. For example: How has the boundary of the Sunset View Park changed? How did the deletion of the proposed Dog Park change proposed grading?  The wording in the Project Description is confusing and miss-leading, particularly when describing existing development standards and the extent the proposed Project is inconsistent with these standards. For example: The Addendum states “The Single Span Concrete Arch bridge design will be 11 feet tall with a superstructure approximately 20 feet above asphalt surface.” (Staff Report pg. 35). However, the height Variance being requested is 29 feet. The Project plans show the bridge height at approximately 44 feet (Staff Report pages 139 & 141). Answers to the simplest questions are confusing and misleading. Examples: What is the total height of the proposed bridge abutment? It takes a significant effort to determine the proposed abutment(s) is 25 feet not including any required guardrails. The magnitude of this change (17 feet plus the height of any guardrails) is not explained in plain language understandable to the lay person. The same confusion exists for the height of the proposed bridge. What is the maximum allowable abutment height? The maximum height standard is 8 feet (not including any required guardrails). What is the maximum height of the proposed bridge? The proposed maximum bridge height is not stated. The Project plans (Staff Report, pg. 148 “Top Arch Geometric” and pg. 149 “Barrier Geometrics”) identify the maximum height to the top of the bridge’s concrete arch is ±40.36 feet. Add to this the height of the safety railing (a stainless-steel mesh barrier of 3’ 6” (Staff Report, pg. 141)) provides a total bridge height of 43.96 feet (rounded to 44 feet). This height is approximately 15 feet higher than the maximum height of 29 feet (excluding safety railing) stated throughout the Staff Report and Addendum to the MND. The draft Resolution states the height is 30 feet (Staff report pg. 14). What is the maximum allowable height? The property is located within the Shoreline Height Limit Area, where the base height limit for nonresidential structures is 26 feet. The height may be increased up to a maximum of 32 feet with a flat roof with approval of a Coastal Development Permit. If the maximum bridge height is beyond 32 feet the project is not eligible for a Coastal Development Permit. The Municipal Code stipulates the height shall be measured as the vertical distance from the established grade of the pad to the highest part of the structure, including any protective guard rails and parapet walls. 1 1 Newport Beach Zoning Code, Title 20, Section 20.30.060 – Height Limits and Exceptions Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 4 of 16 What is the established grade of the pad to the highest part of the structure, including any protective guard rails and parapet walls? Project documentation fails to identify the established grade elevation of the pad. In this case, the established grade of the pad should be the lowest point of the pad. The pad for the proposed stairway from West Coast Highway to the bridge is the lowest established pad elevation for the proposed Project. Does the proposed Project qualify for the height Variance? The Project plans (Staff Report, page 148) identify the maximum bridge height to the top of the concrete arch is approximately 40.36 feet. This height does not include the safety railing (± 3’6”). The total height is 43.96 feet (rounded to 44 feet). If the maximum bridge height is beyond 32 feet the project is not eligible for a Coastal Development Permit. Therefore, the proposed Project does not qualify for a Coastal Development Permit. Utilizing the calculations contained in the Staff Report, the proposed bridge height is “29 feet for the bridge structure” (staff report pg. 3). Adding the height of the proposed safety railings (a stainless-steel mesh barrier of 3’ 6” (Staff Report, pg. 141)) required by the Newport Beach Zoning Code (see footnote #1) provides a total bridge height of 32’6”. If the maximum bridge height is beyond 32 feet the project is not eligible for a Coastal Development Permit. Therefore, the proposed Project does not qualify for a Coastal Development Permit. The same confusing and miss-leading language is used repeatedly throughout the Project documentation. This confusing and miss-leading language includes the discussion of other irrelevant standards which do not apply to the proposed Project. this language distracts, confuses and downplays the significance of the proposed Project’s impact to the public. (One example being the base height limit for nonresidential structures with sloped roofs. This standard does not apply to the proposed Project, but this language is used throughout (Staff Report pg. 3 and throughout).  Project Plans fail to provide a map identifying the project Accessor Parcel Numbers referenced in the draft Resolution, and a map showing the City vs. Coastal Commission jurisdictional areas which would be very helpful in explaining the permitting requirements.  The Project Description fails to identify Project grading; the Project’s development footprint; provide a complete project site plan; or even an accurate aerial photo with the project site plan overlaid on the aerial.  The Project description fails to identify what elements of the 2019 project are approved and their effect on the proposed Project.  The Updated Bridge Design (Exhibit 2-3) fails to show the stairway from West Coast Highway to the parking lot shown on the detailed plans (Staff Report, pg. 131). The Project Description fails B. 2. Height measurement. Height shall be measured as the vertical distance from the established grade of the pad to the highest part of the structure, including any protective guard rails and parapet walls. Structures with slopping roofs shall be measured to the highest peak of the roof. Structures with flat roofs shall be measured to the top of the roof, guard rail, or parapet wall. The established grade of the pad shall be determined by one of the methods identified in Section 20.30.050 (Grade Establishment). Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 5 of 16 to mention this stairway, let alone that it is not ADA compliant. (Maybe it is because it will be removed by the WCH Bridge project!)  The written Project Description (and therefore, the project analysis) is inconsistent with Project plans.  The Project Description fails to fully describe the primary objective/intent of the proposed Project. The primary objective/intent of the proposed Project is identified in a 12-9-2019 Section 4(f) De Minimis Memorandum submitted to Caltrans by the City. https://www.newportbeachca.gov/pln/CEQA_REVIEW/Newport%20Superior%20Bridge_4f%2 0De%20Minimus%20Memo_12.9.19_for%20review.pdf In addition to providing additional project details, this Memorandum states the purpose of the bridge is: “To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need to cross Superior Avenue via the existing at-grade crosswalk.”. It also states: “To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at-grade crosswalk to the bridge.” The Project’s intent to eliminate the need to cross Superior Avenue via the existing at-grade crosswalk and to reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at-grade crosswalk to the bridge (eliminating the at-grade crosswalk) is not disclosed in the Staff report, proposed CEQA Addendum or draft Resolution for the proposed Project. The Project objective/intent was not disclosed in the documentation for the original bridge project heard by the City Council in 2019 including the MND. Importantly, the Section 4(f) De Minimis Memorandum allows Caltrans to move forward with its permitting for the widening of West Cost Highway at Superior Avenue. The Section 4(f) De Minimis Memorandum the City submitted to Caltrans must be withdrawn or amended. The Memorandum contains statements not in the public record for the 2019 project. Caltrans will use these statements to advance their permitting efforts.  The Project Description fails to identify the proposed Project’s linkage to the WCH Bridge project. The proposed Project’s linkage to the Superior Avenue Bridge project and the WCH Bridge project is established by the following documents: August 25, 2020 Staff Report - The Project Description in the August 25, 2020 Staff Report links the Superior Avenue Bridge project to the WCH Bridge project (the linkage is the removal of the at-grade crosswalk and coordinated design) but claims they are independent projects. August 25, 2020 Staff Report states: “The WCH Bridge project involves widening West Coast Highway to increase vehicular capacity and constructing a pedestrian bridge across West Coast Highway. With the completion of both projects, sidewalks and two crosswalks at this intersection can be eliminated as pedestrians will be able to use the two new bridges and ramps. Eliminating two crosswalks and Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 6 of 16 moving the pedestrians from the street level to the bridges and ramps will significantly improve pedestrian access and safety. This will also greatly improve traffic signal operation and vehicular circulation by allowing more traffic signal green time for vehicles traveling through the intersection. The design of the Superior Avenue Bridge project will account for the proposed improvements of the WCH Bridge project.” (emphasis added) The WCH Bridge project will remove both existing at-grade crosswalks at Superior and PCH, forcing the public to use the bridges in the name of public safety. However, this intersection has not been identified as a public safety hazard in the City’s General Plan. Nor are bridge crossings identified in the General Plan/LCP. The WCH Bridge project will also widen PCH and reconfigure the travel lanes at this intersection. The result will be added capacity on West Coast Highway in the vicinity of Superior Avenue. Traffic signal phasing will be adjusted as a result of the elimination of pedestrian wait times. An EIR has been required by the City for the WCH Bridge project. 12-9-2019 Section 4(f) De Minimis Memorandum submitted to Caltrans by the City – The Memorandum links Superior Avenue Bridge project to the WCH Bridge project. the Memorandum states: “To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need to cross Superior Avenue via the existing at-grade crosswalk.”. It also states: “To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at-grade crosswalk to the bridge.” 4. Existing Setting:  Sunset Ridge Park - The intended use of Sunset Ridge Park is for the benefit of the public during limited daytime hours with the majority of users coming from the surrounding neighborhoods. Sunset Ridge Park is not intended to be an active recreational park. It does not have flat regulation sized sports fields. The park is currently used as a practice field by non-professional soccer teams; people wishing to exercise; walk their pets; and do nothing in a tranquil setting. The primary means of getting to and from the park is by foot or non-motorized vehicle. Few users drive motor vehicles to the park. Those that do, park in the existing pay public parking lot across the street (the parking lot proposed for expansion). The effect of Covid-19 has resulted in a significant increase in use of Sunset Ridge Park. During the 2019 public hearings for the original project, the City stated the park was underutilized and that (unidentified) youth sports teams had expressed interest in using the park if they had a bridge connecting the park to the parking lot across the street. Hence, the justification for the bridge. This seemed odd at the time. Residents asked why would the City spend millions of dollars on a bridge that few people would use? The existing soccer teams that regularly use the park are not dissuaded by the lack of a bridge. The only time youth teams could use the park would be when they are not in school, which is during weekend mornings when the soccer teams use the park and during the summer. However, during the summer, the pay parking lot is full of people using the beach. The answer in the minds of residents at the time was that Newport Beach was a wealthy City. If the City wanted to build a safer bridge crossing, it could afford to do so. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 7 of 16 We now know why the City wanted to spend millions of dollars on a bridge that few people would use. The Superior Bridge is part of a larger project. Thanks to City staff’s clarification of the primary objective/intent for the Superior Avenue bridge and the announcement of the WCH Bridge project, we now know what the public was told was not true. The City’s primary objective was and remains to widen and increase the capacity West Coast Highway at Superior Avenue. In order to do this, they need to eliminate the existing at-grade crosswalks at Superior Avenue and West Coast Highway. To accommodate pedestrian traffic, they need to construct bridges across Superior Avenue and West Coast Highway. This Project will force pedestrians to access the park and parking lot to cross Superior Avenue and access the parking lot and a yet to be determined location on the south side of West Coast Highway to cross West Coast Highway via bridges. It is alarming the City knew the prior project’s primary objective and chose not to inform the public and continues to withhold this information. However, despite what people say, the written documents speak for themselves!  The City must explain why there is a Coastal Development Permit application pending before the Coastal Commission for the 2019 project bridge design? Public notices are currently posted at the Sunset Ridge Park for a Coastal Development Permit. The public notice describes the proposed development as “a new pedestrian and bicycle bridge overcrossing Superior Avenue”. The description of the proposed development does not limit the project to only that portion of the project to be constructed on Sunset Ridge Park. The City submitted the pending Coastal Development Permit for the 2019 project design to take advantage of its permitting opportunities, to expedite the permitting process prior to the mainstream public awareness of the WCH Bridge project. The Coastal Development Permit will help the City and Caltrans obtain the necessary permits to construct the project. Once the Coastal Development Permit is issued, it will be much easier to amend the permit to reflect any design modification resulting from the proposed Project. The Coastal Development Permit process would be much easier, particularly, if the Coastal Commission was not aware of the actual Project intent; the proposed Project’s linkage to the WCH Bridge project; and that the proposed height Variance exceeds the maximum height allowed by a Coastal Development Permit. Did the City just forget to inform the public and the Coastal Commission of their plan? I don’t think so! On 12-7-2020 the City contact person for the proposed Project was contacted by phone. The contact person said the proposed Project will not change the design of the project on the west side of Superior Avenue and that a separate Coastal Development Permit issues by the Coastal Commission is required for the Sunset Ridge Park component of the Project. The Staff Report attempts to explain this permitting requirement. However, we find it confusing and difficult if not impossible for the lay person to understand. The contact person believed the prior project discussed the removal of the at-grade crosswalk at Superior Avenue; that the prior project and proposed Project are not linked to the WCH Bridge project; that the proposed project qualified for the requested height Variance(s) and therefore, supported Staff’s conclusions including the use of an Addendum to the MND for the proposed Project. The contact person said if there were comments on the proposed Project, to submit comments in writing and they would be considered. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 8 of 16 5. CEQA Addendum to MND (SCH 2019099074):  The City’s proposed action to approve an Addendum to the MND constitutes piecemealing. Given the linkage between the Superior Bridge project and the WCH Bridge project, the City’s action constitutes piecemealing. CEQA require the analysis to address the whole of the action (project). Piecemealing occurs when lead agency’s (city) “chop up” a project into smaller components so that it can turn a “blind eye” to reasonably foreseeable environmental impacts of the “whole” action. CEQA’s prohibition on “piecemealing” of environmental review is animated by a basic recognition that the “whole” of an action under review is greater than its individual parts viewed separately. (The same important insight also underlies CEQA’s requirement to analyze a project’s cumulative impacts.) By acknowledging the proposed Project’s linkage to the WCH Bridge project the potential for significant adverse impacts exist. No other determination is possible following the City’s determination that the WCH Bridge project has the potential for one or more potentially significant impacts by determining an EIR is required. Therefore, the proposed Project does not qualify for an Addendum to the MND. Should the City continue to claim despite the evidence, there is no linkage between the proposed Project and the WCH Bride project (they are separate and independent projects), then the WCH Bridge project “would be considered a cumulative project” as stated in the CEQA Addendum (pg. 26). In this case, the City Zoning Administrator does not have sufficient information at this time to determine that the “variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources…” because the environmental review for the WCH Bridge project is on-going. This determination is required by draft Resolution Finding “H”.  The proposed Addendum fails to adequately address Cumulative impacts The Addendum (pg. 26) states: “1.1 OVERVIEW/PURPOSE This addendum to the Final Mitigated Negative Declaration for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (2019 MND) (SCH 2019099074) analyzes potential environmental impacts that would result from changes to the original project description and cumulative conditions since certification of the 2019 MND. The 2019 MND for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project was certified by the City of Newport Beach (City) on November 19, 2019. Since the 2019 MND approval, the City has proposed minor design changes to the bridge. In addition, a future project is being considering in the same area that would be considered a cumulative project, which was not a known future project at the time of approval.” (emphasis added) The Addendum fails to adequately describe the connection of the future project to the proposed Project; analyze the future project’s potential significant impacts; or analyze the cumulative effects. It is clear based on the information contained herein, the proposed Project has the potential to result in one or more potentially significant adverse impacts. It is clear by the City’s action requiring an EIR for the future project that it has the potential for significant adverse impacts. Another reason why the proposed Project does not qualify for an Addendum to the MND. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 9 of 16 The CEQA Addendum contains the following statement and conclusion (Staff Report pg. 26): “1.2 CEQA REQUIREMENTS In order to satisfy the conditions set forth in §15162 through §15164 of the State CEQA Guidelines, the City has used Appendix G of the CEQA Guidelines for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Addendum Project (proposed Project or Addendum) to make the following determinations: Ø No substantial changes are proposed in the Addendum that require major revisions to the original Final Mitigated Negative Declaration (MND) prepared by the City due to the involvement of significant environmental effects or a substantial increase in the severity of previously identified significant effects; Ø No substantial changes will occur with respect to the circumstances under which the proposed Project is undertaken, and no major revisions to the Final MND will be required; and Ø No substantial new information has been provided that would require a major revision to the Final MND. Based on the information incorporated and the changes associated with the proposed Project, there are no conditions that would require the preparation of a subsequent or supplemental MND pursuant to §15162 through §15164 of the CEQA Guidelines.” Note: If this intersection is considered a public safety hazard then many other intersections along West Coast Highway in Newport Beach would also be considered a public safety hazard and similar bridge crossing projects would be required!  The Addendum fails to analyze the changes in circumstances that have occurred since the 2019 MND was certified; acknowledge the new information about the true objective/intent of the proposed Project; or identify and evaluate the changes to the design and height of the bridge which when analyzed, will result is the potential for significant adverse impacts, including impacts to coastal resources. o The City approved a similar bridge crossing for the OCC Maritime Training Center Project. That bridge is nearing completion. The CEQA analysis OCC Maritime Training Center Project determined based on artists renderings that the visual/aesthetic impact from construction of the bridge would be less than significant. Now that the public can see the actual bridge (a change in circumstances from an artist’s rendering), it is clear, the bridge is an eyesore and represents a significant adverse Aesthetic/Visual impact. The bridge does not enhance or protect coastal resources. The Addendum for the proposed Project fails to take into consideration this change in circumstances. Had the Addendum taken this into consideration the current opinions of Newport Beach residents, the Addendum would have concluded the proposed Project has the potential to result in a significant adverse visual impact. The City cannot deny the proposed bridge will obstruct views of the coastal bluff on both sides of Superior Avenue as seen from West Coast Highway and obstruct views of coastal resources from the lookout point at Sunset View Park and Sunset Ridge Park, each represents a potentially significant impact to coastal resources. The significance of the visual impact should be based on a public survey, not Staff’s opinion based on their objective which is to widen West Coast Highway at Superior Avenue. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 10 of 16 The proposed bridge will not enhance or protect coastal resources. The bridge will negatively impact public access to coastal resources through removal of the at-grade crosswalk and result in increased safety hazard to pedestrians and bicyclists who will find the bridge inconvenient or infeasible to use and cross Superior Avenue illegally. These facts cannot be overlooked in the proposed Addendum or when making draft Resolution Findings E, F, G, H, I, J and L. The proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. o Sunset View Park View Impact. The 2019 MND found that the installation of the bridge would be unlikely to cause obstructed views from any of the existing scenic viewpoints because of its height and location. Under the proposed Project, the type of bridge would be updated to a single span concrete arch bridge design. As a part of the prior project the Sunset View Park was expanded to include the open space knoll (View point) and open space slopes. The proposed Addendum fails to evaluate the proposed Project’s impact on the enlarged Sunset View Park. The view point and slopes are now a public Park. The proposed Project will grade coastal bluffs which are to be protected by the City LCP. The proposed Project will enlarge the existing parking lot which can be seen from the lookout point. These impacts were not evaluated by the prior MND and will negatively impact public views from the public look-out point within Sunset View Park. These impacts will be significant, adverse and unavoidable. The proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. o The proposed Project’s bridge plans indicate the height of the proposed bridge is significantly higher than analyzed in the proposed Addendum or the MND. The increased height of the bridge will result in significant unavoidable adverse impacts from public vantage points along West Coast Highway, Superior Avenue, Sunset Ridge Park and Sunset View Park. The OCC Maritime Training Center Project bridge is an additional tool not previously available that should be considered in evaluating the potential visual impact of the proposed Project. We recommend that the Addendum conduct a public poll (something not done for the previous MND) to determine the percentage of residents who feel the proposed Project could result in a potentially significant adverse impact. It is clear from our point of view and every other resident we have spoken with that the proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. o The proposed Project will eliminate an existing public access path to coastal resources. The public now knows the proposed Project includes the elimination of the at-grade crosswalk at Superior Avenue, forcing pedestrians and cyclists to use the proposed Superior Avenue Bridge crossing. This was not a part of the prior project and was not analyzed in the MND. The public was led to believe the proposed bridge over Superior Avenue was in addition to the existing at- grade crosswalk. The Addendum fails to address this potentially significant adverse impact to coastal resources. The Staff report and draft Resolution also fail to address this potentially significant adverse impact to coastal resources. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 11 of 16 The proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. o Addendum Table 4.1 – The Addendum fails to provide a direct answer to the majority of questions. For example, how is the proposed Project is going to: Enhance significant scenic and visual resources; Protect and enhance public views; Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone; Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas; Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone. We believe the 35’ limit stated in Table 4.1 is incorrect and that the development standards contained in the LCP (32’) take precedence. The proposed Project does not comply with these policies which is why there are no direct answers! The proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. o Hazards – The proposed Superior Avenue bridge will result in an increased public safety hazard. Bicycles will not use the proposed Superior Avenue bridge to cross West Coast Highway as intended. Pedestrians will not want to climb to the top of Sunset Ridge Park or the proposed parking lot to use the proposed Superior Avenue bridge. Pedestrians will want to continue to use the at-grade crosswalk. By forcing pedestrians and bicyclists to use the proposed Superior Avenue bridge, the City will be encouraging pedestrians and bicyclists to illegally cross Superior Avenue. Forcing the public to use the bridge as designed represents a significant adverse public safety/health risk. The proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. o Land Use and Planning – The following language summarizes the land use and planning analysis contained in the 2019 MND and the conclusion of the proposed Addendum. The Addendum (pg. 64) states: “The 2019 MND noted the proposed Project would not physically divide an established community and would instead provide a needed connection between a parking lot and existing park for bicycle and pedestrian users. The uses onsite will remain as a public facility for public use. The bridge, parking lot, and park would not result in a new barrier in the community. The Project as proposed would result in minor changes to the 2019 Project that would also not physically divide an established community. No new impacts would occur and no major revisions to the 2019 MND would be required.” The Addendum (pg. 71) states: “The 2019 MND concluded that the 2019 Project would provide an additional bicycle and pedestrian path to Sunset Ridge Park without significantly modifying existing roadways, transit, or bicycle lanes.” (emphasis added) Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 12 of 16 Note, there is no mention of the removal of the at-grade crosswalk at Superior Avenue. The above statement correctly summarizes the 2019 project which was analyzed by the MND and presented to the public. We now know the proposed Project will eliminate a public access way within the coastal zone (the at-grade crosswalk at Superior Avenue). Removal of the at-grade crosswalk at Superior Avenue conflicts with the land use policies within the City LCP. The proposed Project has the potential to result in one or more potentially significant adverse impacts. Therefore, the proposed Project does not qualify for an Addendum to the MND. o Transportation – The proposed Project will increase safety hazards. Bicycles will not use the proposed Superior Avenue bridge to cross West Coast Highway. The proposed expansion of the existing parking lot with an increased number of parking spaces will attract more people wishing to enjoy coastal resources. As a result, Vehicle Miles Traveled (VMT) will increase. Increasing the capacity and efficiency of West Coast Highway through widening, construction of bridges; removal of at-grade crosswalks; and adjustment of traffic signal phasing will encourage additional drivers to use West Coast Highway increasing VMT. The City must focus less on how quickly vehicles can move along West Coast Highway, which will create more congestion, and instead think about how streets can be accessible to every user, particularly in these changing times. This is particularly important in within the Coastal Zone when many millions of tourists access the City's coastal resources annually. The City should shift its thinking for the future of West Coast Highway, a scenic route, to be consistent with the General Plan Vision Statement by reducing speeds, enhancing safety and providing access for all forms of motorized vehicles. The City should upgrade its transportation system to smart digital technologies which will have the added benefit of reduce the City’s carbon footprint. The proposed Project has the potential to result in one or more potentially significant adverse impacts. Therefore, the proposed Project does not qualify for an Addendum to the MND. 6. Cumulative Projects The 2019 MND acknowledged the following cumulative projects: o Project No: 18L11: West Coast Highway Median Landscaping o PA2008-047: Old Newport GPA Project: 328, 332, and 340 Old Newport Boulevard o 15R19: Old Newport Boulevard/West Coast Highway Widening The 2019 MND concluded that in combination with other planned and pending development in the area, development of the proposed Project would have less than significant cumulative impacts.  The Staff Report and Draft Resolution for the proposed Project do not acknowledge any cumulative projects! The two references below contained in the proposed CEQA Addendum are the only places in the public record where the WCH Bridge project, a cumulative project is mentioned. Importantly, the cumulative project is not considered in draft Resolution Finding H (Staff Report pg. 14). Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 13 of 16 Reference #1 - The proposed Addendum to the 2019 Mitigated Negative Declaration states: “1.1 OVERVIEW/PURPOSE This addendum to the Final Mitigated Negative Declaration for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (2019 MND) (SCH 2019099074) analyzes potential environmental impacts that would result from changes to the original project description and cumulative conditions since certification of the 2019 MND. The 2019 MND for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project was certified by the City of Newport Beach (City) on November 19, 2019. Since the 2019 MND approval, the City has proposed minor design changes to the bridge. In addition, a future project is being considering in the same area that would be considered a cumulative project, which was not a known future project at the time of approval.” (emphasis added. Source: Staff Report, Addendum to 2019 MND, pg. 26) Reference #2 - While not identified or analyzed in the body of the Addendum, this “future” project is identified in the proposed Addendum’s Mandatory Findings of Significance section as follows: Since the time of Project approval, the City has received funding for an additional project which could be considered a cumulative project. This project includes widening West Coast Highway and constructing a pedestrian bridge across West Coast Highway to provide access from the parking lot across West Coast Highway as shown in Figure 4-2: West Coast Highway Pedestrian Bridge Location.” (emphasis added) “As shown in Figure 4-3: West Coast Highway Bridge Rendering, this second bridge is not anticipated to block views of the ocean. However, it is unknown at this time when this Project would be constructed. Similar to other cumulative projects, this project would be considered a discretionary action that would trigger CEQA and it would be require“d to undergo project specific environmental review similar to the proposed Project, prior to construction. Impacts would be less than significant, and no major revisions to the 2019 MND would be required.” (emphasis added) The WCH Bridge project has been defined elsewhere by the City as follows2: “The WCH Bridge project involves widening West Coast Highway to increase vehicular capacity and constructing a pedestrian bridge across West Coast Highway. With the completion of both projects, sidewalks and two crosswalks at this intersection can be eliminated as pedestrians will be able to use the two new bridges and ramps. Eliminating two crosswalks and moving the pedestrians from the street level to the bridges and ramps will significantly improve pedestrian access and safety. This will also greatly improve traffic signal operation and vehicular circulation by allowing more traffic signal green time for vehicles traveling through the intersection. The design of the Superior Avenue Bridge project will account for the proposed improvements of the WCH Bridge project.” (emphasis added) The WCH Bridge project description in the Addendum is incomplete and inconsistent with the description provided to the City Council. The project description fails to identify key elements, including: the removal of the at-grade crosswalks across West Coast Highway and Superior Avenue; the extent of widening of West Coast Highway; the adjustment of signal phasing allowed 2 (source: Newport Beach City Council Staff Report August 25, 2020, Agenda Item #12 https://ecms.newportbeachca.gov/Web/DocView.aspx?dbid=0&id=2564600&page=1&cr=1) Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 14 of 16 by the removal of the pedestrian at-grade crossings; the WCH Bridge project’s impact on traffic; and the design of the WCH Bridge project on the proposed Project’s design (one example being the stairway from West Coast Highway to the parking lot). The project description fails to disclose that an EIR has been required for the WCH Bridge project. Furthermore, Addendum Exhibits 4-2 & 4-3 fail to show the removal of the at-grade crosswalks at Superior Avenue and West Coast Highway, further misleading the public. Because “The design of the Superior Avenue Bridge project will account for the proposed improvements of the WCH Bridge project”, the design of these two projects is obviously linked. The City determined the WCH Bridge project has the potential to result in one or more potentially significant adverse impacts. Therefore, the conclusion in the proposed Addendum that “impacts would be less than significant cannot be made and is incorrect. A conclusion cannot be made until the completion of the CEQA documentation for the WCH Bridge project. Because these two projects are linked neither project can be approved until CEQA documentation is completed for the whole of the action (project). The WCH Bridge project is obviously known to the City now. It was known to the City at the time the CEQA Addendum was being prepared; it was known to the City prior to the time City staff was authorized to prepare the funding application to the Orange County Transportation Authority under the Comprehensive Transportation Funding Program for the WCH Bridge project (application submittal date:1-24-2020) and it was known to the City on 12-9-2019 when the Section 4(f) De Minimis Memorandum submitted to Caltrans by the City. 7. Coastal Development Permit draft Resolution and its Findings: The draft Resolution is based on the Project Description, CEQA documentation and Project plans. Any deficiencies in the Project Description and/or CEQA documentation is reflected in the draft Resolution. Numerous deficiencies in the Project Description and proposed CEQA Addendum have been identified. The draft Resolution is therefore, deficient. Below are a few examples: Statement of Facts - The Statement of Facts is confusing to put it mildly. The Statement of Facts fails to clearly identify the why separate Coastal Development Permits are required for the east and west portions of the Project when the whole Project lies within the coastal zone and requires a Coastal Development Permit.  The City Zoning Administrator cannot make Finding H until the impact from cumulative projects on coastal resources is known. The cumulative project (WCH Bridge project) identified in the Addendum to the 2019 MND is undergoing CEQA analysis. (A CEAQA Initial Study has been completed. The Initial Study determined the WCH Bridge project could have a significant effect on the environment and an Environmental Impact Report (EIR) has been required). The EIR has not been completed. Therefore, there is no evidence to support a conclusion that the Project complies with draft Resolution Finding H. Therefore, the Coastal Development Permit cannot be approved at this time. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 15 of 16 The draft Resolution Finding H is reproduced below: “Finding: H. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species. Facts in Support of Finding: 1. The project site currently contains a surface parking lot, developed landscaping, a dirt mound, and some undeveloped open space. An analysis of potential impacts to biological resources is included in the MND, and specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. Therefore, the project will have no detrimental effect on coastal resources.”  The Zoning Administrator cannot deny the proposed bridge will adversely obstruct views of the coastal bluff on either side of Superior Avenue as seen from West Coast Highway and obstruct views from the lookout point at Sunset View Park, each represent a potentially significant impact to coastal resources and will negatively impact public access to coastal resources. These facts cannot be overlooked when making Findings E, F, G, H, I, J and L. The proposed Project has the potential to result in one or more potentially significant adverse impacts to coastal resources and therefore, the proposed Project does not qualify for a Coastal Development Permit or the use of an Addendum to the MND. 8. Public Notice/Public Information:  The Public Notice for this hearing is deficient. The Public Notice does not adequately describe the scope/intent of the Project. Because of this deficiency, the public is lead to believe the scope of the project is significantly less impactful than the actual Project.  The Public has not been given the opportunity to review the MND. The proposed Addendum references the 2009 MND. There is no link or mention where the public can review the MND in the Staff Report. 9. City Relationship with the California Coastal Commission: Implementation of Coastal Act policies is accomplished primarily through the preparation of a Local Coastal Program (LCP). In approving an LCP, development permit authority is delegated to the appropriate local government. In authorizing coastal development permits, the local government must make the finding that the development conforms to the certified LCP. The Coastal Commission expects the local governments to conduct themselves in a forthright and transparent manner in compliance with the Coastal Zone Management Act when exercising its permit authority vested by the certified LCP. The City has had a number of instances where its decisions have been appealed and overturned by the California Coastal Commission. This has not helped the City’s reputation in the eyes of its residents or Coastal Commission staff. Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) David Tanner - Comments on the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project Page 16 of 16 Should the City elect to approve the proposed Project as proposed, please be aware of the potential for an appeal to the Coastal Commission. We recommend all responses to public concerns be made as if they are being made directly to the Coastal Commission. Please ensure these comments are included in the project administrative record Thank you, David Tanner 223 62nd Street Newport Beach, CA 92663 Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) From: Mark Wilser <mw@globalcapitalmarkets.com> Sent: Wednesday, December 9, 2020 4:21 PM To: CDD <CDD@newportbeachca.gov> Cc: smankar2004@yahoo.com Subject: Questions From a Nearby Resident to the Community Development Department (Zoning Administrator) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Zoning Administrator: Please consider the following even if the deadline was missed. Thank you. Hi Mark Thank you for including me in your e-mail to the VB residents. I had received the blue paper copy notice a while back and set it aside to read it later. Unfortunately, I have just missed the deadline for sending questions and signing up for zoom. If you are planning to attend, I would appreciate it if you can summerize the meeting conclusions and copy me by e-mail. When I went on line to see if they have a diagram of their plan, I found none. Questions of importance to all of us: 1.The level of noise resulting from 128 parking spaces, specially in the summer time with beach goers. What noise abaitment are they going to apply? 2. Where is the 8 ft wall going to go and is it going to interfere with our ocean view [reducing our property value]? 3. What does the transition from Sunset View park to the parking lot look like? Hopefully it would be an incline covered with flowers/lanscaped nicely. 4. Where is the entrance to the parking lot going to be? one entrance and one exit only? 5. They have one set of stairs presumably on the eastern side of the bridge. What about the other side? Is it going to be directly conneted to Sunset Ridge park i.e. same level - no additional stairs? or are they going to use the existing stairs? I do not know if any of these questions have been presented by any one else. But hopefully they will be answered anyway when the staff make their presentation. Thank you sooo.... very much for being vigilant. Please let me know if you received this message. Happy Holidays. Sami Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) From:s mankarious To:CDD Subject:Fw: 1. Important Newport Beach City Meeting and 2. VBB HOA Board of Directors Vote Still Open Date:Wednesday, December 09, 2020 4:42:04 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Zoning adminstrator Thank you for sending me the notice for public hearingconcerning Pedestrian bridge over Siuperior Ave at PCH. I had received the blue paper copy notice a while back and set it aside to read it later. Unfortunately, I have just missed the deadline for sending questions and signing up for zoom. I would appreciate it if you can include my questions in the record even if I am unable to attend the zoom meeting I may stil get some of these questions answered anyway. When I went on line to see if there is a diagram of the plan, I found none. Questions of importance to all of us: 1. The level of noise resulting from 128 parking spaces, specially in the summer time with beach goers. What noise abaitment is there? 2. Where is the 8 ft wall going to go and is it going to interfere with our ocean view [reducing our property value]? 3. What does the transition from Sunset View park to the parking lot look like? Hopefully it would be an incline covered with flowers/lanscaped nicely. 4. Where is the entrance to the parking lot going to be? one entrance and one exit only? 5. There is one set of stairs presumably on the eastern side of the bridge. What about the other side? Is it going to be directly conneted to Sunset Ridge park i.e. same level - no additional stairs? or will the existing stairsbe used? I do not know if any of these questions have been presented by any one else. But hopefully they will be answered anyway when the staff make their presentation. Thank you sooo...very much for including my questions in the record. Please let me know if you received this message. Happy Holidays. Sami Mankarious 7 Tribute ct. Newport Crest Community : Zoning Administrator - December 10, 2020 Item No. 8a Additional Materials Received After Deadline Superior Avenue Citywide Project CDP and MND (PA2019-014) Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Zoning Administrator From: Chelsea Crager, Associate Planner Date: December 9, 2020 Re: Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014) Attached please find an updated draft resolution for the Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project (PA2019-014). The draft resolution is in redline format to highlight changes and includes additional facts in support of Finding A. Please also find attached the Addendum to the Mitigated Negative Declaration, dated October 2020. An outdated version of the Addendum was inadvertently included in previous materials. The current version includes simulations including stairs from the proposed bridge to the public sidewalk. There were no substantive changes to the analysis or conclusions of the Addendum. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING MITITGATED NEGATIVE DECLARATION ADDENDUM NO. ND2019-002 AND APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-143 FOR THE DEMOLITION OF AN EXISTING SURFACE PARKING LOT AND THE CONSTRUCTION OF A NEW PEDESTRIAN/BICYCLE BRIDGE, SURFACE PARKING LOT, AND IMPROVEMENTS TO OPEN SPACE AND GRANTING RELIEF FROM THE DEVELOPMENT STANDARDS OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN AT SUPERIOR AVENUE NORTH OF THE WEST COAST HIGHWAY INTERSECTION AND THE NORTHEAST CORNER OF INTERSECTION, BOUNDED BY WEST COAST HIGHWAY, SUPERIOR AVENUE, HOAG LOWER CAMPUS AND SUNSET VIEW PARK (PA2019-014) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The City of Newport Beach (“Applicant”) with respect to property located at the northeast corner of Superior Avenue and West Coast Highway, APN’s 424- 041-13, 424-041-11, 424-041-12, 424-042-02, 424-042-03, and 424-041-09, requesting approval of a coastal development permit. 2. The Applicant proposes a coastal development permit to allow the demolition of the existing surface parking lot and the construction of a new 130-space surface parking lot, with pedestrian/bicycle concrete bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park. The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8-foot maximum height permitted by Newport Beach Municipal Code (NBMC) Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from the Title 21 development standard, pursuant to Section 21.52.090. 3. The project site is partially located on Sunset Ridge Park, which is within the California Coastal Commission’s permit jurisdiction and will therefore require a separate coastal development permit for the portions of the project site outside the City’s permit authority. This coastal development permit is intended to cover the portions of the project within the City’s permit authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code). 4. Except where the bridge crosses Superior Avenue, the subject property is located within the PR (Parks and Recreation) Zoning District and the General Plan Land Use Element category is PR (Parks and Recreation). Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 2 of 13 5. The subject property is located within the coastal zone. Except where the bridge crosses Superior Avenue, the Coastal Land Use Plan category is PR (Parks and Recreation) and the Coastal Zoning District is PR (Parks and Recreation). 6. A public hearing was held online on December 10, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID- 19. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. On November 19, 2020, the City Council adopted Resolution No. 2019-102 adopting Mitigated Negative Declaration No. ND2019-002 for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project, approving a Mitigation Monitoring and Reporting Program (“MMRP”) that was prepared in compliance with the California Environmental Quality Act (“CEQA”) set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) and City Council Policy K-3. The project reviewed under the Mitigated Negative Declaration (MND) included a new pedestrian/bicycle steel truss or concrete case-in place bridge approximately 260 feet long and 14 feet wide th at crosses Superior Avenue, a new larger parking lot with approximately 128 parking spaces, a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, extension of upper Sunset View Park (open space, earthwork, grading, and retaining walls, landscape and irrigation improvements, and other amenities including a drop -off area, bicycle fix-it station, and a drinking water fountain. The project also proposed possible extension of an access road through the parking lot to connect to the Hoag Memorial Hospital property (“Original Project”). 2. The current project proposes minor changes to the 2019 Project, including an updated bridge design. The new bridge design is a single span concrete arch bridge that is approximately 200 feet long and 18 feet wide. The bridge will not require any mid -span piles to support the bridge. Due to the differences between the Original Project and the proposed Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot project, an addendum to the MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the State CEQA Guidelines. The City retained Chambers Group to prepare the addendum because they prepared the MND for the Original Project. The MND addendum does not identify any component of the project that would result in a “potentially significant impact” on the environment per CEQA guidelines. 3. The addendum to the MND, including the MMRP, is hereby recommended for adoption by the Zoning Administrator. The addendum to the MND and all materials, which constitute the record upon which this decision is based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 3 of 13 SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The neighborhood is developed with a variety of uses, including residential uses to the north and southwest, commercial uses to the south, Sunset Ridge Park to the west, and Hoag Hospital to the west. The proposed design, bulk, and scale of the development is consistent with and complementary to the existing, varied neighborhood pattern of development. 2. The property is in an area known for the potential for seismic activity. All projects are required to comply with the California Building Code (CBC) and the Building Division standards and policies. Geotechnical investigations are required to be reviewed and approved prior to the issuance of a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance, consistent with the requirements of NBMC 21.30.015(E) - (Development in Shoreline Hazardous Areas). 3. The project site is located adjacent to Sunset View Park and Sunset Ridge Park, both identified as coastal viewpoints by the Local Coastal Program maps. The bridge is designed to preserve the view lines and minimize the potential for visual obstruction. The proposed bridge does not block the public views of the coast from the higher elevations of either park. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant. 4. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because the development contains more than seventy-five (75) percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP/WQMP) was prepared by Dokken Engineering, dated September 2020. The fina l WQHP/WQMP will be required to be reviewed and approved by the City’s Engineer Geologist prior to building permit issuance. The WQHP/WQMP includes a polluted runoff and hydrologic site characterization, treatment control, best management practices (BMPs), use of a low-impact development approach and bioretention system to retain the design storm runoff volume on -site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be required to comply with the approved WQHP/W QMP prior to the issuance of building permits. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 4 of 13 5. The project is located less than 100 feet from a wetland along West Coast Highway. NBMC 21.30B.040.C allows wetland buffers of less than 100 feet when a 100-foot buffer is not possible due to site-specific constraints; and the proposed buffer would be protective of the biological integrity of the wetland given the site-specific characteristics of the resource and of the type and integrity of disturbance. The project area is confined in area and size, and a 100-foot buffer around the wetland could not be accommodated without eliminating essential components of the project. An analysis of potential impacts to the wetland is included in the MND, and specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. Therefore, the project will have no detrimental effect on wetland coastal resources. 6. A portion of the project is within Sunset Ridge Park which is within the California Coastal Commission’s permit jurisdiction. This part of the project includes a bridge abutment that is greater than 100 feet from a wetland along Superior Avenue, consistent with the wetland buffer requirement in NBMC 21.30B.040.C. A planting area is proposed adjacent to the bridge abutment, which may encroach into the 100-foot wetland buffer area. A qualified biologist will be consulted prior to any planting within the buffer area to ensure consistency with the requirements of NBMC 21.30B.040.C. Finding: B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. The site does not currently provide vertical or lateral access to the waterfront, nor would it provide access under the proposed conditions. Vertical access to the beach is available via street ends throughout the Balboa Peninsula, and the project will not affect the public’s ability to gain access to, use, and/or view the coast. 2. The development includes the demolition of an existing 64 -space flat surface public parking lot and the construction of a new 130-space surface public parking lot. The result is a net gain of 66 parking spaces, thereby increasing public access to the coast by providing additional parking opportunities in the area. Further, the open space area of Sunset View Park will be expanded as a part of the project, providing additional public space to passively recreate and additional coastal view opportunities. 3. The project site is located adjacent to Sunset View Park and Sunset Ridge Park, both identified as coastal viewpoints by the Local Coastal Program maps. The bridge is designed to be mindful of view lines and the potential for visual obstruction. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 5 of 13 Finding: C. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. With exception of the variance to the retaining wall height, the proposed development complies with and is consistent with the certified Local Coastal Program (LCP). See Facts in Support of Findings A and B above. 2. The project includes retaining walls up to 25 feet in height. These retaining walls are necessary to support the new surface parking lot, to achieve sufficient vertical clearance under the proposed bridge, and to support the expanded passive open space at Sunset View Park. Retaining walls less than 25 feet would not support the proposed project. 3. The project is designed to preserve the existing view lines and minimize the potential for visual obstruction. The bridge does not block the public coastal views from either Sunset Ridge Park or Sunset View Park. Aesthetics were reviewed as a part of the environmental review, and impacts were found to be less than significant . Therefore, the project will have no detrimental effect on coastal view resources. Finding: D. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. The project site features unique topography. The west side of Superior Avenue features an upward sloping grade that follows the incline of Superior Avenue, with a 64-space flat surface parking lot and a dirt mound near the northernmost edge of the project site. Significant earthwork and grading is necessary to create a project site suitable for the larger, 130-space surface parking lot. Further, the grade of the site must be raised to allow the construction of the pedestrian/bicycle bridge between the subject site and the higher grade of Sunset Ridge Park. The passive recreation area at Sunset View Park is at a higher Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 6 of 13 elevation than most of the project site, and the extension of this open space area, offering public coastal views, requires raising the grade around the existing dirt mound, and retaining walls to support this feature. 2. The strict application of the retaining wall height limit results in physical hardships inconsistent with the intent and purpose of the LCP and would restrict the ability to construct a pedestrian/bicycle bridge across Superior Avenue, by preventing the bridge to be built with appropriate slope for pedestrians and bicyclists crossing the bridge. The taller retaining walls have no detrimental effect on environmental or visual resources that the development standards are intended to protect. Section 21.52.090(B)(1) (Relief from Implementation Plan Development Standards) of the NBMC specifically allows modification or waiver of development standards through approval of a coastal development for projects that will not have an adverse effect on coastal resources. Finding: E. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F) (Coastal Development Permits – Findings and Decisions). Facts in Support of Finding: 1. The project conforms to applicable sections of the LCP in that public coastal views and public access will not be negatively affected. The project includes the adopting of an addendum to the previously adopted Mitigated Negative Declaration, and specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. Therefore, the project will have no detrimental effect on coastal resources. 2. The project site is not located between the nearest public road and the sea or shoreline. The project site is located north of West Coast Highway, approximately 1,000 feet from the coast. 3. All Facts in Support of Findings A and B above are hereby incorporated by reference. Finding: F. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Facts in Support of Finding: 1. The property is located north of West Coast Highway, approximately 1,000 feet from the coast. Direct coastal access is currently provided and will continue to be provided by street ends throughout the Balboa Peninsula. The project includes the demolition of an existing 64-space flat surface parking lot and the construction of a new 130-space surface parking lot. This larger public parking area will provide increased public access to the nearby coast Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 7 of 13 as well as to both Sunset Ridge Park and Sunset View. There are no public trails or coastal bluffs located on the project site. 2. Facts in Support of Finding B.1 and B.2 are hereby incorporated by reference. Finding: G. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Fact in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 8 of 13 Finding: H. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species. Fact in Support of Finding: 1. The project site currently contains a surface parking lot, developed landscaping, a dirt mound, and some undeveloped open space. An analysis of potential impacts to biological resources is included in the MND, and specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. Therefore, the project will have no detrimental effect on coastal resources. Finding: I. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. Facts in Support of Finding: 1. Approval of the coastal development permit will not be contrary to the applicable policies of the City’s Coastal Land Use Plan intended to protect coastal resources. Policy 4.4.1-6 of the Local Coastal Program states that public coastal views must be protected from several roadway segments in the City, including the segment of Superior Avenue abutting the project, which is designated as a Coastal View Road. The increased height of the retaining walls supporting the project does not impede views of the coast from Superior Avenue. 2. Approval of the coastal development permit will not be contrary to Policies 4.4.1-2 and 4.4.1- 7 of the Local Coastal Program, which state that new development, including landscaping, should be designed and sited so as to minimize visual impacts to public coastal views, and to frame and accent public coastal views. The retaining walls and the development they support will include drought-tolerant landscaping which will maintain the aesthetic character of the area. 3. The granting of the coastal development permit to allow the increased retaining wall height is consistent with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standards), which provides for relief from development standards for projects that will have no detrimental effect on environmental or visual coastal resources. In accordance with Section 21.30.060(C)(3) (Required Findings) of the NBMC for increased height limits, the base height limit for nonresidential and mixed -use structures with flat roofs is twenty-six (26) feet and the base height limit for structures with sloped roofs is thirty -one (31) feet. The height of a nonresidential structure within the Shoreline Heig ht Limit Area may be increased up to a maximum of thirty -two (32) feet with a flat roof or forty (40) feet with approval of a Coastal Development Permit. In this case, the Applicant requests that height be increased to approximately 30 feet for the bridge, which is regulated as a flat structure. In accordance with Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 9 of 13 Section 21.30.060(C)(3) (Height Limits and Exceptions - Required Findings) of the NBMC for increased height limits, the following findings and facts in support of such findings are set forth: Finding: J. The project is sited and designed to protect views to and along the ocean and scenic coastal areas; and Fact in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference. Finding: K. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and Facts in Support of Finding: 1. Fact in Support of Finding B.3 is hereby incorporated by reference . 2. The bridge design is a single span concrete arch, which is specifically designed to complement and be compatible with the surrounding development . The single span eliminates the need for a mid-span support, which otherwise would have required a support in a median of Superior Avenue. The bridge is further designed without any roof or shade cover, which keeps the profile of the structure low in this scenic area. 3. The Project does not affect existing public views and does not detract from the character of the area. The overall project height is below the maximum permitted with approval of a coastal development permit. The proposed bridge spans across Superior Avenue, which slopes steeply up to the north. Properties to the north of the project site are developed with finished grades higher than the top of the proposed bridge, and the bridge will not appear out of scale or character with surrounding development. Finding: L. Where feasible, the project will restore and enhance visual quality in visually degraded areas. Fact in Support of Finding: The property is currently developed as a surface parking lot with developed landscaping, a dirt mound, and some undeveloped open space. The proposed project has been designed to harmonize with and enhance the surrounding development by maintaining a low profile, avoiding a midspan support for the bridge, and including drought tolerant landscaping throughout the project. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 10 of 13 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby adopts the Mitigated Negative Declaration Addendum No. ND2019-002 (SCH No. 2019099074), as depicted in Exhibit “A,” which consists of the MND Addendum, Appendices, and Adopted MND. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-143, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF DECEMBER, 2020. _____________________________________ Jaime Murillo, Zoning Administrator Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 11 of 13 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). There shall be no further encroachment that extends beyond the current structural footprint of the residence. 2. Revisions to the approved plans shall require separate review by the Planning Division and may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 3. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 4. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 5. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construct ion activity as designated in the Construction Erosion Control Plan. 6. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 12 of 13 maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 7. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 8. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 11. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is opera ted or maintained so as to constitute a public nuisance. 12. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 13. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 14. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 15. Coastal Development Permit No. CD2020-143 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 16. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Zoning Administrator Resolution No. ZA2020-### Page 13 of 13 action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area Project including, but not limited to, Coastal Development Permit No. CD2020-143 and Mitigated Negative Declaration No. ND2019-002 (PA2019-014). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT PROJECT MND ADDENDUM Newport Beach, CA (Orange County) Prepared for: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: CHAMBERS GROUP, INC. 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707 October 2020 Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 ii TABLE OF CONTENTS SECTION 1.0 – INTRODUCTION ........................................................................................................... 4 1.1 OVERVIEW/PURPOSE .................................................................................................................... 4 1.2 CEQA REQUIREMENTS .................................................................................................................. 4 SECTION 2.0 – PROJECT DESCRIPTION ................................................................................................. 5 2.1 PROJECT BACKGROUND................................................................................................................ 5 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS ........................................................................ 5 2.3 PROJECT DESCRIPTION ................................................................................................................. 6 2.3.1 Construction Activities/Equipment .................................................................................. 6 SECTION 3.0 – ENVIRONMENTAL DETERMINATION ........................................................................... 11 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: .............................................................. 11 3.2 DETERMINATION ........................................................................................................................ 11 SECTION 4.0 – CHECKLIST OF ENVIRONMENTAL ISSUES ..................................................................... 12 4.1 AESTHETICS ................................................................................................................................. 12 4.2 AGRICULTURE & FORESTRY RESOURCES .................................................................................... 16 4.3 AIR QUALITY ................................................................................................................................ 18 4.4 BIOLOGICAL RESOURCES ............................................................................................................ 21 4.5 CULTURAL RESOURCES ............................................................................................................... 30 4.6 ENERGY ....................................................................................................................................... 32 4.7 GEOLOGY AND SOILS .................................................................................................................. 32 4.8 GREENHOUSE GAS EMISSIONS ................................................................................................... 36 4.9 HAZARDS AND HAZARDOUS MATERIALS.................................................................................... 37 4.10 HYDROLOGY AND WATER QUALITY ............................................................................................ 40 4.11 LAND USE AND PLANNING ......................................................................................................... 43 4.12 MINERAL RESOURCES ................................................................................................................. 44 4.13 NOISE .......................................................................................................................................... 45 4.14 POPULATION AND HOUSING ...................................................................................................... 47 4.15 PUBLIC SERVICES......................................................................................................................... 47 4.16 RECREATION ............................................................................................................................... 49 4.17 TRANSPORTATION ...................................................................................................................... 50 4.18 TRIBAL CULTURAL RESOURCES ................................................................................................... 51 4.19 UTILITIES AND SERVICE SYSTEMS ............................................................................................... 53 4.20 WILDFIRE..................................................................................................................................... 55 4.21 MANDATORY FINDINGS OF SIGNIFICANCE ................................................................................. 56 SECTION 5.0 – REFERENCES .............................................................................................................. 63 Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 iii FIGURES Figure 2-1 - Project Site ................................................................................................................................. 7 Figure 2-2– 2019 Project Bridge Design ........................................................................................................ 8 Figure 2-3– Updated Bridge Design .............................................................................................................. 9 Figure 2-4 -- Bridge Rendering .................................................................................................................... 10 Figure 4-1: Updated Bridge Design Ocean Viewpoint ................................................................................ 15 Figure 4-2: Temporary and Permanent Vegetation Impacts ...................................................................... 29 Figure 4-3: West Coast Highway Pedestrian Bridge Location ..................................................................... 61 Figure 4-4: West Coast Highway Bridge Viewshed ..................................................................................... 62 TABLES Table 4-1: General Plan and Coastal Land Use Policy Consistency: Aesthetics .......................................... 12 Table 4-2: General Plan and Coastal Land Use Plan Consistency Analysis – Water Quality Control .......... 42 Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 4 SECTION 1.0 – INTRODUCTION 1.1 OVERVIEW/PURPOSE This addendum to the Final Mitigated Negative Declaration for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (2019 MND) (SCH 2019099074) analyzes potential environmental impacts that would result from changes to the original project description and cumulative conditions since certification of the 2019 MND. The 2019 MND for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project was certified by the City of Newport Beach (City) on November 19, 2019. Since the 2019 MND approval, the City has proposed minor design changes to the bridge. In addition, a future project is being considering in the same area that would be considered a cumulative project, which was not a known future project at the time of approval. 1.2 CEQA REQUIREMENTS In order to satisfy the conditions set forth in §15162 through §15164 of the State CEQA Guidelines, the City has used Appendix G of the CEQA Guidelines for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Addendum Project (proposed Project or Addendum) to make the following determinations: Ø No substantial changes are proposed in the Addendum that require major revisions to the original Final Mitigated Negative Declaration (MND) prepared by the City due to the involvement of significant environmental effects or a substantial increase in the severity of previously identified significant effects; Ø No substantial changes will occur with respect to the circumstances under which the proposed Project is undertaken, and no major revisions to the Final MND will be required; and Ø No substantial new information has been provided that would require a major revision to the Final MND. Based on the information incorporated and the changes associated with the proposed Project, there are no conditions that would require the preparation of a subsequent or supplemental MND pursuant to §15162 through §15164 of the CEQA Guidelines. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 5 SECTION 2.0 – PROJECT DESCRIPTION 2.1 PROJECT BACKGROUND The City of Newport Beach (City), as the lead agency under the California Environmental Quality Act (CEQA), has prepared this Initial Study (IS) to evaluate the potential environmental impacts associated with the revisions to the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (proposed Project). The proposed Project involves several alterations to the approved pedestrian and bicycle bridge and parking lot located at the intersection of Superior Avenue and West Coast Highway in Newport Beach, California. An MND was completed in November 2019 for the original project (2019 Project). The 2019 Project found that due to its location close to the coast, the area receives a significant amount of pedestrian and bicycle traffic. Visitors to Sunset Ridge Park use the existing parking lot across Superior Avenue and cross at the at-grade Superior Avenue/West Coast Highway intersection because no on-site parking is provided at Sunset Ridge Park. The 2019 Project involved a new pedestrian/bicycle Steel Truss or Concrete Cast-in Place bridge approximately 260 feet long and 14 feet wide that crosses Superior Avenue, a new larger parking lot with approximately 128 parking spaces, a stair case from the bridge down to the corner of Superior Avenue and West Coast Highway, extension of upper Sunset View Park (open space), earthwork, grading, and retaining walls, landscape and irrigation improvements, and other amenities including a drop-off area, bicycle fix-it station, and a drinking water fountain. The 2019 Project also proposed a possible extension of an access road through the parking lot to connect to the Hoag Memorial Hospital property. The 2019 MND found that impacts to biological resources, cultural resources, hazards and hazardous materials, and tribal cultural resources would be mitigated to less than significant impacts and all other impacts would be less than significant. 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS The proposed Project is located at the intersection of Superior Avenue and West Coast Highway within the City of Newport Beach and is located approximately 1,000 feet from the coastline (Project site) as shown in Figure 2-1: Project Site. The 2019 Project is expected to start construction in mid-2021 and therefore, the site is in the same existing condition as it was prior to approval of the 2019 MND. This includes an existing City-owned parking lot with 64 metered parking stalls located at the northeast corner of this intersection. The existing Superior Parking Lot is approximately 0.64 acres, with the driveway to the parking lot at approximately 0.17 acres. Access to the existing parking lot is available via an entrance off Superior Avenue for vehicles, and via a concrete pathway from the intersection of Superior Avenue and West Coast Highway for pedestrians and bicyclists. Directly east of the existing parking lot is an undeveloped piece of land with steep slopes with ground elevations ranging from approximately 10 feet near West Coast Highway to approximately 75 feet near Sunset View Park based on the North American Vertical Datum of 1988 (NAVD 88), with some existing vegetation. The entire Project site is within the boundary of the coastal zone as established by the California Coastal Act and is therefore under the land use planning and regulatory jurisdiction not only of local government agencies but also the California Coastal Commission (Commission). The City of Newport Beach Local Coastal Program includes a Coastal Land Use Plan and Local Coastal Program Implementation Plan (City Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 6 of Newport Beach 2017a, City of Newport Beach 2017b). The Coastal Land Use Plan sets the goals, objectives, and policies that administers uses of the land and water within its sphere of influence (excluding Newport Coast and Banning Ranch). The Coastal Land Use Plan is divided in subsections for land use and development, public access and recreation, and coastal resource protection (City of Newport Beach 2017a). The purpose of the Local Coastal Program Implementation Plan is to implement policies of the California Coastal Act to protect, maintain, enhance, and restore the coastal zone environment. Site development must be consistent with the requirements of the Local Coastal Program and Coastal Act. Properties and land uses adjacent to the Project site include Sunset Ridge Park, Sunset View Park, Villa Balboa and Newport Crest residential communities, and the lower campus of Hoag Hospital. A shopping center and the Lido Sands residential community are located to the south across West Coast Highway from the Project site. 2.3 PROJECT DESCRIPTION The proposed changes to the 2019 Project, as shown in Figure 2-2: 2019 Project Bridge Design, would be minor and include an updated bridge design as shown in Figure 2-3: Updated Bridge Design. The bridge would be a single span concrete arch bridge that would be approximately 200 feet long and 18 feet wide as shown in Figure 2-4: Bridge Rendering. The height of the bridge will be approximately 20 feet above the asphalt surface, and the bridge structure, including the projectile barrier, is approximately 11 feet tall. In addition, the bridge will not require any mid-span piles to support the bridge. All other aspects of the 2019 Project including landscaping, the parking lot, and extension of upper Sunset View Park (for passive recreation) would remain the same. 2.3.1 Construction Activities/Equipment Construction of the proposed Project is scheduled to begin in mid-2021 and reach completion in approximately 14 to 18 months. Since existing recreational activities occur at Sunset Ridge Park (soccer in the Fall and baseball in the Spring), construction activities would be scheduled during low usage months to avoid recreational events, or these events could be relocated to an alternate location temporarily if alternate/temporary parking cannot be allowed closer to the park. The timing of work and construction equipment needed will remain the same as what was proposed in the 2019 MND. In addition the staging area, sidewalk closures, and excavation of soils would not change from what was analyzed in the 2019 MND. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) ^^ Kern Los Angeles Riverside SanBernardino San Diego SantaBarbara Ventura Project Location M e x i c o M e x i c o1:24,000 1:5,000,000 Figure 2-1Project Location Map Name: 21169 PLAN Fig 2-1 Location & Vicinity.MxdPrint Date: 9/26/2019, Author: pcarlos Project Location Project Location 0 150 30075 Feet ´ Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 7 Figure 2-1 - Project Site Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 2-22019 Project Bridge Design Name: 21169 PLAN Fig 2-2 2019 Project Bridge Design.MxdPrint Date: 8/26/2019, Author: pcarlos Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 8 Figure 2-2– 2019 Project Bridge Design Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 2-3Updated Bridge Design Name: 21169 PLAN Fig 2-3 Updated Bridge Design.MxdPrint Date: 9/28/2020, Author: pcarlos Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 9 Figure 2-3– Updated Bridge Design Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 2-4Updated Bridge Design Name: 21169 PLAN Fig 2-4 Bridge Rendering.MxdPrint Date: 8/13/2020, Author: pcarlos Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 10 Figure 2-4 -- Bridge Rendering Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21169 11 SECTION 3.0 – ENVIRONMENTAL DETERMINATION 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a “Potentially Significant Impact," as indicated by the checklists on the following pages. For each of the potentially affected factors, mitigation measures are recommended that would reduce the impacts to less than significant levels. The mitigation measure recommended are the same as those included in the 2019 MND, as no new impacts would occur. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology /Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities /Service Systems Wildfire Mandatory Findings of Significance 3.2 DETERMINATION On the basis of this initial evaluation: The 2019 MND followed the 2019 CEQA Checklist thresholds. For purposes of analysis, the 2020 CEQA Checklist thresholds were utilized to evaluate the proposed Project. Analysis of the proposed Project indicates that no substantial changes are proposed in the Project that would require major revisions to the original Final MND. Based on the information incorporated and the changes associated with the proposed Project, there are no conditions that would require the preparation of a subsequent or supplemental EIR pursuant to §15162 through §15164 of the CEQA Guidelines. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 12 21169 SECTION 4.0 – CHECKLIST OF ENVIRONMENTAL ISSUES 4.1 AESTHETICS 1. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Have a substantial adverse effect on a scenic vista? (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a) Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. The 2019 MND found that the installation of the bridge would be unlikely to cause obstructed views from any of the existing scenic viewpoints because of its height and location. Under the proposed Project, the type of bridge would be updated to a single span concrete arch bridge design. Similar to the 2019 Project, the bridge design would not obstruct the views of the ocean as shown in Figure 4-1: Updated Bridge Design Ocean Viewpoint. Under the proposed Project, the bridge would be approximately the same height, but the design would be approximately 120 square feet smaller than the approved 2019 Project. Similar to the 2019 Project, the proposed Project would be consistent with the General Plan and the Coastal Land Use Policy Consistency for aesthetics and shown in Table 4-1: General Plan and Coastal Land Use Policy Consistency: Aesthetics. Table 4-1: General Plan and Coastal Land Use Policy Consistency: Aesthetics Policy Consistency with Policy General Plan NR 20.1: Enhancement of Significant Resources Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. Consistent. The proposed Project would not result in the significant obstruction of scenic and visual resources. The proposed Project would provide pedestrians and bicyclists a safe access to coastal views along Superior Avenue. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 13 21169 Policy Consistency with Policy General Plan NR 20.3: Public Views /Coastal Land Use Plan 4.4.1-6 Protect and enhance public views from the following roadway segments, and other locations may be identified in the future. • Superior Avenue from Hospital Road to Coast Highway Consistent. The proposed Project would not result in the significant obstruction of public views along the Superior Avenue roadway segment from Hospital Road to (West) Coast Highway. The proposed pedestrian bridge would provide additional access to coastal views. As shown in Figure 4-1, the bridge does not obstruct views of the ocean for existing scenic viewpoints due to its height and location. General Plan NR 20.4: Public View Corridor Landscaping/Coastal Land Use Plan 4.4.1-2 and 4.4.1-7 Design and site new development, including landscaping, on the edges of public view corridors, including those down public streets, to frame, accent, and minimize impacts to public views. Consistent. The proposed Project was sited and designed to minimize impacts to public views, and will include drought-tolerant landscaping in the parking lot, which will maintain the existing aesthetic character of the area. General Plan NR 20.5: Public View Corridor Amenities/ Coastal Land Use Plan 4.4.1-10 Provide public trails, recreation areas, and viewing areas adjacent to public view corridors, where feasible. Consistent. The proposed Project would be consistent because of the addition of a pedestrian bridge which would provide additional viewing areas for coastal views and access to locations designed to contain viewing areas. Coastal Land Use Plan: Coastal Resource Protection 4.4.1-1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Consistent. The proposed Project has been designed such that views of the Pacific Ocean and from Coastal View Points and roads will not be impacted. The proposed Project would not impact harbor or coastal bluffs as none are in the area. Coastal Land Use Plan: Coastal Resource Protection. 4.4.1-4: Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas. Consistent. The proposed Project would include the addition of a pedestrian bridge which would provide access to locations designed to contain viewing areas. Coastal Land Use Plan: Coastal Resource Protection 4.4.1-9: Design and maintain parkway and median landscape improvements in public rights-of-way so as not to block public coastal views at maturity. Consistent. The proposed Project provides access to locations designed to contain viewing areas. The bridge would provide access to unobstructed views of the coastal areas. The landscaping will be maintained to not block coastal views. Coastal Land Use Plan: Coastal Resource Protection 4.4.2-1: Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3 of the Coastal Land Use Plan, except for the following sites: Marina Park at 1600 West Balboa Boulevard, and the Former City Hall Complex at 3300 Newport Boulevard and 475 32nd Street. Consistent. The Single Span Concrete Arch bridge design will be 11 feet tall with a superstructure approximately 20 feet above asphalt surface. Per the requirements of the Coastal Land Use Plan, and the Newport Beach Municipal Code 21.30.060.D.16, it allows structures owned, operated, or occupied by the City to exceed the height limit subject to the approval of a coastal development permit where the increase in height is necessary to accommodate design features required for a facility or structure to function. The Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 14 21169 Policy Consistency with Policy installation of the pedestrian bridge must be built and designed to allow vehicles to access Superior Highway and West Coast Highway while providing a safe access route for pedestrians between the parking lot and Sunset Ridge Park. The installation of the bridge would provide additional unobstructed views of the coast; and the bridge would not cause obstructed views from any of the existing scenic viewpoints because of its height and location. Therefore, impacts would be less than significant. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less than Significant Impact. The 2019 MND found that the although Pacific Coast Highway is listed as an eligible scenic highway – not officially designated, the 2019 Project would not substantially damage scenic resources. The 2019 Project’s potential shade structure from the bridge was found to be 10 to 15 feet in height and would be designed to protect public coastal views. The bridge associated with the proposed Project would be approximately 40 to 80 feet less in length than the bridge associated with the 2019 Project, slightly wider than what was previously analyzed at 18 feet wide. In addition, the shade structure noted in the 2019 Project is no longer proposed. The height of the bridge at 11 feet in height is within the range (8 to 16 feet tall) that was analyzed for the 2019 MND. Therefore, the updates associated with the proposed Project would not introduce new impacts to scenic resources near or within a state scenic highway and no major revisions to the 2019 MND will be required and impacts would remain less than significant. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than Significant Impact. The Project is in an urbanized area. The 2019 MND found that although the 2019 Project would alter the existing visual character, that impacts would be considered less than significant. The presence of a pedestrian and bicycle bridge would not conflict with existing zoning regulations for Parks and Recreation as Accessory Structures and Uses are allowed with a Minor Use Permit (City 2020, Chapter 20.26.020). As previously mentioned, the bridge associated with the proposed Project would be approximately 40 to 80 feet less in length and 2 feet greater in width than the bridge associated with the 2019 Project. Therefore, the updates associated with the proposed Project would not introduce new impacts to the visual character or quality of public views and no major revisions to the 2019 MND will be required and impacts would remain less than significant. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 4-1Updated Bridge DesignOcean Viewpoint Name: 21169 PLAN Fig 4-1 Updated Bridge Design Ocean Viewpoint.MxdPrint Date: 9/28/2020, Author: pcarlos Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 15 21169 Figure 4-1: Updated Bridge Design Ocean Viewpoint Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 16 21169 d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant Impact. The 2019 MND noted that current light sources exist within the Project site and that construction and operation of the 2019 Project would add some new temporary and long term lighting sources. The 2019 MND also noted that the bridge may be a source of glare depending on the design, material, and color, but that impacts would be less than significant. Similar to the 2019 Project, the proposed Project construction activities would occur predominantly during daytime work hours (7:00 a.m. to 4:30 p.m.); however, occasional nighttime work could be required to minimize public inconvenience. It is anticipated that Superior Avenue could potentially be closed at night to accommodate the installation of the proposed bridge’s superstructure. Similar to the 2019 Project, the proposed Project would comply with the City of Newport Beach Municipal Code 21.30.070 and 20.30.070 Outdoor Lighting standards for parking lots and other manmade objects to reduce the impacts of glare, light trespass, over lighting, sky glow, and poorly shielded or inappropriately direct lighting fixtures. Compliance with these standards would also promote safety and encourage energy conservation (City of Newport Beach 2019a). The proposed Project would not add additional lighting or material that may result in glare that would be different from the 2019 Project and therefore, no major revisions to the 2019 MND will be required and impacts would remain less than significant. 4.2 AGRICULTURE & FORESTRY RESOURCES 2. AGRICULTURE & FOREST RESOURCES. (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 17 21169 (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? (d) Result in the loss of forest land or conversion of forest land to non-forest use? (e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or the conversion of forest land to non-forest use? a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? No Impact. The 2019 MND noted that the Project site would not involve the conversion of farmlands to nonagricultural uses because no such lands are located in the area. The proposed Project would occur in the existing footprint of the 2019 Project, which is located within a highly urban area of the City; no new areas have been newly designated as farmland. No major revisions to the 2019 MND will be required and there would be no impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The 2019 MND noted that the Project site is not located within an area zoned for agricultural lands and Williamson Act contracts do not occur on this property and therefore no impacts would occur. The proposed Project would occur within the existing footprint of the 2019 Project, and the Project would remain consistent with the current uses and zoning onsite. No new areas have been newly designated as farmland and no major revisions to the 2019 MND will be required. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The 2019 MND concluded that the Project site is not zoned as forest land, timberland, or timberland zoned Timberland Production. The proposed Project would remain consistent with the site uses and zoning. No new impacts would occur. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As previously noted, the 2019 MND concluded that no forest land exists on the Proposed Project site. The proposed Project remains consistent to what was analyzed as the footprint would remain the same. No new impacts would occur and no major revisions to the 2019 MND will be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 18 21169 e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or the conversion of forest land to non-forest use? No Impact. The 2019 MND concluded that the proposed Project is not located on lands designated for agricultural or forest uses. The proposed Project remains consistent to what was analyzed as the footprint would remain the same. No new impacts would occur and no major revisions to the 2019 MND will be required. 4.3 AIR QUALITY 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Conflict with or obstruct implementation of the applicable air quality plan? (b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? (c) Expose sensitive receptors to substantial pollutant concentrations? (d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? The proposed Project site is located in the City of Newport Beach within the County of Orange. The proposed Project site is located within the South Coast Air Basin (Air Basin), and air quality regulation is administered by the South Coast Air Quality Management District (SCAQMD). The SCAQMD implements the programs and regulations required by the federal and state Clean Air Acts. An air quality analysis was conducted for the 2019 Project. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. CEQA requires a discussion of any inconsistencies between a proposed Project and applicable general plans and regional plans (CEQA Guidelines Section 15125). The regional plan that applies to the proposed Project includes the SCAQMD AQMP. Therefore, this section discusses any potential inconsistencies of the proposed Project with the AQMP. The purpose of this discussion is to set forth the issues regarding consistency with the assumptions and objectives of the AQMP and discuss whether the proposed Project would interfere with the region’s ability to comply with federal and state air quality standards. If the decision-makers determine that the proposed Project is inconsistent, the lead agency may consider project modifications or inclusion of mitigation to eliminate the inconsistency. The SCAQMD CEQA Handbook states that “New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 19 21169 with the AQMP.” Strict consistency with all aspects of the plan is usually not required. A proposed Project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. (2) Whether the project will exceed the assumptions in the AQMP in 2010 or increments based on the year of project buildout and phase. Both of these criteria are evaluated in the following sections. Criterion 1 - Increase in the Frequency or Severity of Violations? Based on the air quality modeling analysis prepared for the 2019 Project, it was determined that short- term construction impacts, and long-term operations impacts would not result in significant impacts based on the SCAQMD regional, local, and toxic air contaminant thresholds of significance. The Project as proposed, would result in an updated design which includes a smaller footprint for the bridge which would ultimately result in less construction than the 2019 Project. Criterion 2 - Exceed Assumptions in the AQMP? The City of Newport Beach General Plan define the assumptions that are represented in the AQMP. The 2019 Project consisted of construction of a pedestrian and bicycle bridge overcrossing Superior Avenue and a new larger parking lot. The proposed Project includes minor modifications including a change in the design of the bridge. The majority of the Project site is designated as Parks and Recreation (PR) in the General Plan and is zoned Parks and Recreation (PR). It should be noted that the proposed pedestrian bridge would span Superior Avenue, which consists of public right-of-way that does not have a land use designation in the General Plan and is not zoned. The proposed Project is consistent with the current land use designations and would not require a General Plan Amendment or zone change. In addition, project construction would be required to comply with SCAQMD Rules and Regulations, including Rules 402 and 403 that controls the emissions of air contaminants, odors and fugitive dust. Therefore, based on the above, the proposed Project is not anticipated to exceed the AQMP assumptions for the Project site and is found to be consistent with the AQMP for the second criterion. Based on the discussion above, the proposed Project will not result in an inconsistency with the SCAQMD AQMP. Accordingly, the proposed Project would not conflict with or obstruct implementation of the applicable air quality plan. Impacts would continue to be less than significant and no major revisions to the 2019 MND will be required. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. The 2019 MND analyzed construction and operation related impacts related to air quality. The 2019 MND concluded that impacts during construction and operation Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 20 21169 of the 2019 Project would not exceed SCAQMD thresholds and would therefore result in less than significant impacts. The Project as proposed, would result in an updated design which includes a smaller footprint for the bridge which would ultimately result in less construction than the 2019 Project. Operation of the proposed Project would be identical to that of the 2019 Project. Impacts would continue to be less than significant and no major revisions to the 2019 MND will be required. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The nearest sensitive receptors to the Project site are multi-family homes located as near as 165 feet to the south and 220 feet to the northeast and single-family homes located as near as 300 feet to the southwest of the proposed area to be disturbed as part of the proposed Project. As discussed above in (b), the local concentrations of criteria pollutant emissions would be less than those of the 2019 Project. Less than significant criteria pollutant concentrations would occur during construction and operation of the proposed Project. Given the relatively limited number of heavy-duty construction equipment, the varying distances that construction equipment would operate to the nearby sensitive receptors, and the short-term construction schedule, the proposed Project would not result in a long-term (i.e., 70 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk. In addition, California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449 regulates emissions from off-road diesel equipment in California. This regulation limits idling of equipment to no more than five minutes, requires equipment operators to label each piece of equipment and provide annual reports to CARB of their fleet’s usage and emissions. This regulation also requires systematic upgrading of the emission Tier level of each fleet, and currently no commercial operator is allowed to purchase Tier 0 or Tier 1 equipment and by January 2023, no commercial operator is allowed to purchase Tier 2 equipment. In addition to the purchase restrictions, equipment operators need to meet fleet average emissions targets that become more stringent each year between years 2014 and 2023. Therefore, similar to the 2019 MND, no significant short-term toxic air contaminant impacts would occur during construction of the proposed Project. The proposed Project would not expose sensitive receptors to substantial pollutant concentrations, and no new impacts would occur and no major revisions to the 2019 MND would be required. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. Similar to the 2019 Project, any diesel equipment used during construction of the proposed Project would consist of mobile equipment that would be changing locations, allowing the odors to disperse rapidly and not impact any nearby receptors. Should diesel equipment be required during maintenance at the proposed Project site, it would also change locations, allowing the odors to disperse rapidly and not impact any nearby receptors. The Project site would not introduce any other objectionable odors. Therefore, construction and operation of the proposed Project would not create objectionable odors affecting a substantial Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 21 21169 number of people, and impacts would be less than significant. No new impacts would occur and no major revisions to the 2019 MND would be required. 4.4 BIOLOGICAL RESOURCES 4. BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? A site survey and literature study were conducted for the 2019 Project in June 2019 in the form of a Biological Resources Technical Report and Jurisdictional Delineation Report. Additionally, a focused survey within areas determined to be suitable habitat for the California Gnatcatcher was completed. The results of these studies are further described below. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than Significant Impact with Mitigation. As previously mentioned, a Biological Resources Technical Report and Jurisdictional Delineation Report were previously prepared for the 2019 Project. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 22 21169 Special Status Animal Species Occurrences The biological report prepared for the 2019 Project concluded that of the 34 special status wildlife species with known records of occurrences in the survey area identified during the literature search, two regional sensitive wildlife species have a potential to be present within the proposed Project footprint, the coastal California gnatcatcher (CAGN) and burrowing owl. The coastal California gnatcatcher is a federally listed threatened species and a California Species of Special Concern. Known occurrences of this species are within one mile of the survey area; however, the habitat within and directly surrounding the proposed Project footprint is sparsely vegetated and is composed of open, low lying shrubs providing poor quality nesting habitat for this species. Two adult CAGN individuals were observed foraging in the western edge of the 500-foot buffer near the western edge of Sunset Park during the surveys conducted on August 13 and 21, 2019. No individuals were observed within the 500-foot buffer during the last survey on August 29, 2019. The two individuals were observed utilizing the area within the 500-foot buffer for foraging, no active nests or nesting behavior was observed within the buffer area. Both individuals would fly over to the southwest portion of the 500-foot buffer from Newport Banning Ranch area located west of Sunset Ridge Park to forage briefly and then return to the Newport Banning Ranch area for extended lengths. The habitat within the Newport Banning Ranch area consists of moderate to high quality. The suitable habitat that occurs within the 500-foot buffer consists of moderate to low quality habitat near the western edge of the buffer area and decreases in value to low quality throughout the areas surrounding Sunset Ridge Park (north, south, immediately west and east of the park) and within the Project site. The habitat within the majority of the 500-foot buffer and the Project site is low quality, consisting primarily of low-lying shrubs with an average height of 1.5 to 2 feet and is sparsely vegetated with patches of bare ground intermixed throughout. The areas surrounding Sunset Park and within the proposed Project site are lacking the higher density vegetation and mature shrubs that is required by this species for nesting. Therefore, it is likely the CAGN are utilizing the western edge of the buffer area for foraging only and nesting in the Newport Banning Ranch area, outside of the 500-foot buffer. No CAGN were observed flying or foraging closer than 480 feet to the proposed Project site; therefore, no impacts to CAGN are anticipated to occur as a result of proposed Project activities. The burrowing owl is a California Species of Special Concern. This species inhabits dry, open, native or non-native grasslands, deserts, and other arid environments with low-growing and low-density vegetation. It may occupy golf courses, cemeteries, road rights-of way, airstrips, abandoned buildings, irrigation ditches, and vacant lots with holes or cracks suitable for use as burrows. Burrowing owls often are found within, under, or in close proximity to man-made structures. Prey sources for this species include small rodents; arthropods such as spiders, crickets, centipedes, and grasshoppers; smaller birds; amphibians; reptiles; and carrion. Threats to the burrowing owl include loss of nesting burrows, habitat loss, and mortality from motor vehicles. Low quality habitat occurs within the eastern portion of the proposed Project footprint; however, the proposed Project site lacks connectivity to additional suitable habitat for this species. Therefore, this species has a low potential to occur within the proposed Project footprint. Approximately 0.01 acre of Artemisia californica-Eriogonum fasciculatum Shrubland will be directly impacted due to proposed Project construction activities; this is the same area of impact identified in the 2019 MND. Due to the level of disturbance in the area of the proposed Project and the high level Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 23 21169 of human activity directly adjacent to the Artemisia californica-Eriogonum fasciculatum Shrubland, the sensitive wildlife species with a potential to occur are not expected on the proposed Project footprint; therefore, no Project impacts to the species are expected. Direct and indirect impacts to habitat for sensitive wildlife species or to sensitive wildlife species that may be present within natural communities located adjacent to the proposed Project footprint will be avoided or minimized with the implementation of the mitigation measures (MMs). The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM BIO-1: Project-related activities likely to have the potential to disturb suitable bird nesting habitat shall be prohibited from February 15 through August 31, unless a Project Biologist acceptable to the City of Newport Beach surveys the Project area prior to disturbance to confirm the absence of active nests. Disturbance shall be defined as any activity that physically removes and/or damages vegetation or habitat or any action that may cause disruption of nesting behavior such as loud noise from equipment and/or artificial night lighting. Surveys shall be conducted weekly, beginning no earlier than 30 days and ending no later than 3 days prior to the commencement of disturbance. If an active nest is discovered, disturbance within a particular buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the Biologist in consideration of species sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The Biologist shall record the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City of Newport Beach to document compliance with applicable State and federal laws pertaining to the protection of native birds. Similarly, for preserved vegetation that occurs within 50 to 100 feet of construction activities, if construction is occurring during the nesting season, preserved vegetation shall be surveyed for the presence of nesting birds. MM BIO-2: Flag or install construction fencing or silt fencing along the proposed Project boundaries to delineate construction limits and to prevent encroachment into adjacent natural communities. The limits of both the Superior and West Coast Highway wetlands will be clearly demarcated in the field and all on-site construction personnel will be informed about the wetland avoidance area prior to the commencement of construction activities. The construction contractor will install a solid protective barrier that is clearly visible to construction personnel, particularly any construction equipment operators, and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor the construction work to ensure that encroachment into the wetlands does not occur. MM BIO-3: Gravel bags should be placed along the tops of the v-ditches in order to minimize erosion and to prevent construction debris and potentially hazardous materials from entering the waterway during a rain event. Since the time of these surveys, the existing conditions on the Project site have not changed. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measures MM BIO-1 through MM BIO-3, however, no new significant impacts would occur that were not previously analyzed. Although the size of the impact area is increased, Impacts to sensitive wildlife species and habitats would remain less than significant. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 24 21169 Special Status Plant Species The biological report prepared for the 2019 Project concluded that no sensitive plant species (defined as federally and state listed endangered or threatened species, California Species of Special Concern, or otherwise documented sensitive species or habitats) were found during the survey. Therefore, of the 32 special status plant species with records of occurrences within the vicinity of the survey area identified during the literature search, there are no regional sensitive plant species that have a potential to be present within the survey area. Because the proposed Project would be within the footprint of the 2019 Project, there are no impacts anticipated to special status plant species due to proposed Project construction activities. Indirect impacts to habitat for sensitive plant species or to sensitive plant species that may be present within natural communities located adjacent to the proposed Project footprint will be avoided. As no sensitive plant species have a potential to grow in the proposed Project footprint, impacts to sensitive plant species are not anticipated and no new impacts would occur. The Project site contains 0.1 acre of planted Artemisia californica-Eriogonum fasciculatum Shrubland Alliance (Coastal Sage Scrub; CSS). The Restored Coastal Sage Scrub was planted as part of a habitat restoration project in Sunset Ridge Park on the northwest side of Superior Avenue and West Coast Highway. Similar to the 2019 Project, construction of the Project will result in temporary and permanent impacts to this planted vegetation as shown in Figure 4-2: Temporary and Permanent Vegetation Impacts. Permanent impacts would be limited to direct disturbance from the western bridge abutment and limited impacts would occur due to shading. Areas that are temporarily impacted during construction will be replanted once construction is complete. The 2019 Project calculated approximately 886 square feet (or 0.02 acre) of Restored Coastal Sage Scrub would be impacted due to the design of the bridge; however, based on design changes the proposed Project would impact 950 square feet (or 0.022 acre) of Restored Coastal Sage Scrub. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM BIO-4: Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint should be avoided to the greatest extent feasible. o Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint, that may be avoided, shall be flagged or construction or silt fencing should be installed along the avoidable vegetation to delineate construction limits and to prevent encroachment into adjacent natural communities. o Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which cannot be avoided will be mitigated through one of the following, in order of priority:  Onsite Mitigation: Any temporary impacts to CSS will be revegetated within the Sunset Ridge planted area, in areas that are not currently vegetated. Specifically, there is an opportunity for revegetation in an area outside of the delineated wetlands that, with approval from the Commission, could provide additive benefits to the Sunset Ridge Park planted area, immediately to the northeast of the Project site. This will provide a continuation of the CSS habitat previously revegetated onsite. The City will replant the area to be equivalent to existing conditions, which consists of superior high quality native vegetation with Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 25 21169 coverage of primarily CSS. If this area is not approved for revegetation by the Commission, alternative onsite mitigation opportunities will be evaluated.  Offsite Mitigation: Additive habitat assessment in the area adjacent to the project site within the replanted CSS would be provided to mitigate impacts from direct disturbance from the bridge structure and potential impacts from shading. The proposed Project will not result in significant impacts to sensitive plant species, as both temporary and permanent impacts will be mitigated as outlined above. Although the proposed Project would result in slightly greater impacts than the 2019 Project, the impacts would still be mitigated to less than significant with implementation of MM BIO-4. Impacts would remain less than significant under the proposed Project; no new significant impacts would occur and no major revisions to the 2019 MND would be required. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than Significant with Mitigation. The biological report for the 2019 Project concluded that the Sunset Ridge Park forms part of a riparian habitat corridor that stretches from Fairview Park in Costa Mesa to Sunset Ridge Park, Banning Ranch, and the Santa Ana River at the West Coast Highway in Newport Beach. This corridor provides habitat for terrestrial wildlife as well as a way to travel within the wildland urban interface. West Coast Highway, however, runs the width of the corridor and will discourage some wildlife from crossing. Wildlife can pass under the West Coast Highway in the Santa Ana River Channel, approximately 2 miles northwest of Sunset Ridge Park. Four sensitive vegetation communities were identified in the literature search as being present within 5 miles of the survey area (Chambers Group 2019). These four communities include Southern Dune Scrub, Southern Foredunes, Southern Coastal Salt Marsh, and Southern Cottonwood Willow Riparian Forest. None of these communities occur within the survey area. The Southern Cottonwood Willow Riparian Forest is located within 5 miles of the survey area. Southern Cottonwood Willow Riparian Forest is of special concern because the community contains habitat requirements for special-status plant and wildlife species and is therefore, considered valuable to the ecosystem. The community is considered sensitive by CDFW due to the due to habitat loss and fragmentation from development and water infrastructure. Based on the list of species with potential to occur within the survey area that was generated in the NESMI, the Southern Cottonwood Willow Riparian forest is not located within the survey area. There are no Southern Dune Scrub, Southern Foredunes, Southern Coastal Salt March, or Southern Cottonwood Willow Riparian Forest habitats within the survey area. No new permanent or temporary impacts to these areas would occur. Critical habitat has been designated in areas of Newport Beach for the coastal California gnatcatcher and is located within the western portion of the survey area; however, the habitat within the Project site is low quality and provides low quality nesting habitat. As discussed above, protocol surveys were conducted to assess habitat quality and potential use by CAGN. The habitat within the majority of the 500-foot buffer on those surveys and the Project site is low quality. The areas surrounding Sunset Park and within the Project site are lacking the higher density vegetation and mature shrubs that is required by CAGN for nesting. Therefore, it is likely the CAGN are utilizing the western edge of the Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 26 21169 buffer area, for foraging only and nesting in the Newport Banning Ranch area, outside of the 500-foot buffer. In 2019, no CAGN were observed flying or foraging closer than 480 feet to the Project site. Additionally, the applicant would be required to comply the MBTA and therefore, no new impacts to CAGN are anticipated to occur as a result of proposed Project activities. Coastal Land Use Plan 4.1.1-1 requires that the City define any area in which plant or animal life, or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments as an environmentally sensitive habitat area (ESHA). Utilizing the site-specific survey and analyses conducted for the 2019 Project, the Project site was found to not contain an ESHA. The proposed Project would occur within the same footprint of the 2019 Project and would operate with the same uses. Similar to the 2019 Project, the proposed Project would be consistent with the Coastal Land Use Policies. Implementation of MM BIO-1 through MM BIO-4, would ensure that impacts would remain less than significant; no new impacts would occur and no major revisions to the 2019 MND would be required. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than Significant with Mitigation. The 2019 MND concluded that there are no riparian/riverine areas, vernal pools, or waters of the United States or State are present within the proposed Project footprint. Within the survey area conducted for the jurisdictional delineation surveys, wetlands, as defined by the Coastal Act and the City’s Local Coastal Program (LCP) were identified both on and off the Project site. These were identified as the Superior Avenue Wetlands and the West Coast Highway Wetlands. The 2019 MND concluded that the Superior Avenue Wetland is outside the 100-foot buffer and are already surrounded by on-going disturbances. Additionally, the limits of the wetlands will be clearly demarcated in the field prior to the commencement of construction activities, and a biologist shall monitor the construction work to ensure that encroachment into the wetlands does not occur. The bridge itself would not result in any adverse shading impacts and therefore impacts to the Superior Avenue Wetland, would not occur. The proposed Project would occur within the 2019 Project footprint and therefore no new impacts would occur. Similar to the 2019 Project, the proposed Project has been designed to avoid directly impacting the Commission wetlands located on the slope along West Coast Highway. Project features are approximately 10 feet from the wetlands; however impacts are estimated to be only a few feet from the edge of the wetlands along West Coast Highway, well within the 100-foot wetland buffer specified in Title 21, Section 21.30B.040.C of the City of Newport Beach LCP Implementation Plan. Although proposed construction activities will occur within a few feet of the existing West Coast Highway wetlands, impacts to these wetlands will be prevented through the implementation of the following avoidance and minimization measures (e.g., protective fencing, signage, on-site monitoring, construction worker awareness). For instance, the limits of the wetlands will be clearly demarcated in the field and all on-site construction personnel will be informed about the wetland avoidance area Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 27 21169 prior to the commencement of construction activities. Also, the construction contractor will install a solid protective barrier that is clearly visible to construction personnel, particularly any construction equipment operators, and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor the construction work to ensure that encroachment into the wetlands does not occur. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM BIO-5: Following completion of the construction activities, the City will conduct monthly monitoring of the West Coast Highway wetlands to evaluate and document the associated conditions to determine if any unforeseen impacts from the proposed construction activities are occurring. This monthly monitoring will continue for up to one year, or until such time as it can be sufficiently demonstrated that the wetlands will continue to persist in perpetuity. If it is determined during post-construction monitoring that construction has resulted in an unexpected impact to the wetlands, appropriate remedial actions will be implemented by the City. For instance, an unforeseen disruption or obstruction of subsurface hydrology to the wetlands may warrant the City’s provision of an alternative water source that would continue to supply sufficient water to sustain the wetlands. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM BIO-5, however, no new significant impacts would occur that were not previously analyzed. Impacts to wetlands would remain less than significant; and no major revisions to the 2019 MND would be required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant Impact. As previously noted, the results of the biological survey concluded that essential fish habitats are not present within the proposed Project. The survey concluded that there are 18 listed bird species with potential to occur within the survey area. Of the 18 species, only two have been identified as having low potential to occur within the proposed Project, the burrowing owl (Athene cunicularia) and the coastal California gnatcatcher (Polioptila californica californica). All other species are considered to be absent. All migratory, non-game native bird species are protected by international treaty under the federal Migratory Bird Treaty Act (MBTA) of 1918 (Chambers Group 2019). Pursuant to the MBTA, it is unlawful to “take” (i.e., capture, kill, pursue, or possess) migratory birds or their nests. Virtually all native bird species are covered by the MBTA, as listed in 50 Code of Federal Regulation 10.13. Similar to the 2019 Project, the proposed Project would be required to follow the conditions of the MBTA. To avoid impacts to other birds protected by the MBTA, ground disturbance or removal of vegetation should be done outside the breeding season. If ground disturbance or vegetation removal will take place during the breeding season (generally February 15 through September 1), then, to minimize impacts, a qualified biologist will conduct a nesting bird survey within the proposed Project footprint at least two weeks prior to construction with a buffer at a minimum of 300 feet around the Project footprint and again within three days of construction activities. If a nest is found within the proposed Project footprint, minimization measures will be implemented under the direction of the Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 28 21169 qualified biologist. These measures may include a no-work zone around the nest, noise minimization measures, and biological monitoring of the nest to assess if the breeding birds are being disturbed by construction. The applicant is responsible for compliance with the MBTA. In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to the MBTA: The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. Due to the low potential of the burrowing owl (Athene cunicularia) and the coastal California gnatcatcher (Polioptila californica californica), and with ground disturbances and vegetation removal to occur outside of the breeding season, impacts would be less than significant with regard to wildlife species. Additionally, as previously discussed, a portion of the survey area is within Sunset Ridge Park, and the park forms part of a riparian habitat corridor that stretches from Fairview Park in Costa Mesa to Sunset Ridge Park, Banning Ranch, and the Santa Ana River at the West Coast Highway in Newport Beach. However, because West Coast Highway runs the width of the corridor, it will discourage some wildlife from crossing. Wildlife can pass under the West Coast Highway in the Santa Ana River Channel, approximately 2 miles northwest of Sunset Ridge Park. Therefore, no new significant impacts would occur and impacts would be less than significant regarding interfering with wildlife corridors. The proposed Project would not result in major revisions to the 2019 MND. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would involve the removal of trees that are located adjacent to the existing parking lot. These trees are ornamental and new trees will be installed within the larger proposed parking lot. A Tree Removal or Reforestation Application will be submitted to the Municipal Operations Department prior to tree removal activities. New trees will be installed in accordance with the tree planting specifications and street tree designation list by the City of Newport Beach (City of Newport Beach 2019b). The proposed Project would not conflict with any tree preservation ordinances. The proposed Project is not located within the City of Newport Beach’s environmental study areas according to the Local Coastal Program (City of Newport Beach 2005). Therefore, no new impacts would occur. The proposed Project would not result in major revisions to the 2019 MND. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 4-2Temporary and PermanentVegetation Impacts Name: 21169 PLAN Fig 4-2 Temporary and Permanent Vegetation Impacts2.MxdPrint Date: 10/28/2020, Author: pcarlos Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 29 21169 Figure 4-2: Temporary and Permanent Vegetation Impacts Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 30 21169 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant Impact. The 2019 MND noted that the Project site occurs within the Central/Coastal Subregion. Sunset Ridge Park and a portion of the northern area of the proposed Project is designated as ‘existing use’ according to the Orange County Central Coastal Habitat Conservation Plan Reserve. However, based on the results of the Biological Study prepared for the 2019 Project, there are no potentially significant impacts anticipated to the habitats or species that have the potential to occur. In addition, avoidance and minimization efforts would result in direct and indirect impacts to be less than significant to habitats, natural communities, and wildlife. Impacts would remain less than significant. The proposed Project would not result in major revisions to the 2019 MND. 4.5 CULTURAL RESOURCES 5. CULTURAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? (c) Disturb any human remains, including those interred outside of formal cemeteries? A records’ search, field study, and archaeological survey were conducted for the 2019 Project. The results of these studies concluded that none of the previously recorded resources are within the study area, and no historic or prehistoric resources were identified as a result of the field survey indicating the likelihood of encountering previously unrecorded resources is low. a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. Review of the Project area for the 2019 Project failed to identify any previously recorded historical resources potentially eligible for listing in the National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR). The proposed Project would be located in the same footprint of the 2019 Project and therefore no new impacts would occur and no revisions to the 2019 MND would be required. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than Significant Impact with Mitigation. The 2019 MND concluded that although no resources were found on the site and the likelihood of encountering previously unrecorded resources is low, cultural materials may be encountered during construction. It is the City of Newport Beach and Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 31 21169 Caltrans policy that work will stop in that area until a qualified archaeologist can evaluate the nature and significance of the find. In addition, the 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM CUL-1: If archaeological or paleontological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps (i.e., additional excavation, curation, preservation, etc.). The proposed Project would involve a similar amount of ground disturbance and would be in the same footprint as the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM CUL-1, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. c) Would the project disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation. The 2019 MND concluded that although the search did not result in the identification of prehistoric or historical archaeological resources within the proposed Project site and it is not expected that significant archaeological or historical resources would be on-site, resources that are buried may be encountered during grading. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM CUL-2: During proposed Project construction, activities will be halted and an archaeologist must be available to evaluate the find. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM CUL-2, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant. The proposed Project would not result in major revisions to the 2019 MND. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 32 21169 4.6 ENERGY 6. ENERGY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? (b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The 2019 MND found that energy usage during construction and operation of the 2019 Project would be minimal and impacts would be less than significant. Construction of the proposed Project would be similar to that of the 2019 Project and electricity, natural gas, and petroleum fuels would be considered minimal. Operation of the proposed Project would be the same as the 2019 Project and similar to the 2019 Project, the proposed Project would be required to comply with regulatory compliance measures outlined by the State and City related to Air Quality, Greenhouse Gas Emissions (GHG), Transportation/Circulation, and Water Supply. Additionally, the proposed Project would be constructed in accordance with all applicable City Building and Fire Codes. Therefore, the proposed Project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. No new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would comply with California Code of Regulations Title 24, which regulates the amount of energy consumed by new development. Therefore, the proposed Project would not result in new impacts and impacts would be less than significant. In addition, no major revisions to the 2019 MND would be required. 4.7 GEOLOGY AND SOILS 7. GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 33 21169 7. GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? (b) Result in substantial soil erosion or the loss of topsoil? (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less than Significant Impact. The 2019 MND noted that the Project site is not located within an Alquist-Priolo Earthquake Fault Zone; however, the Project site is located within the Newport- Inglewood-Rose Canyon fault zone located approximately 700 feet northwest. Similar to the 2019 Project, the proposed Project will provide structural plans to the City to indicated that the Project will meet the seismic design parameters within the 2019 California Building Code and policies outlines in the Safety Element in the General Plan. No new impacts would occur, and no revisions to the 2019 MND would be required. ii) Strong seismic ground shaking? Less than Significant Impact. As noted above, similar to the 2019 Project, the proposed Project is subject to potential ground shaking due to nearby faults. Similar to the 2019 Project, the proposed Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 34 21169 Project would implement grading and erosion control plans, comply with the NPDES permit and Waste Discharge Requirements, and include BMPs to minimize soil erosion. The proposed Project involves minor design changes to the previously approved bridge. Therefore the proposed Project would be consistent with the general plan and Coastal Land Use Plan for Seismic Hazards. No new impacts would occur and no major revisions to the 2019 MND would be required. iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. The 2019 MND noted that the proposed Project is not located within a liquefaction zone. The proposed Project is entirely within the 2019 Project footprint and therefore, no new impacts would occur and no major revisions to the 2019 MND would be required. iv) Landslides? Less than Significant Impact. The Proposed Project site is entirely within the 2019 Project site, meaning there are several areas within the proposed Project site designated to be prone to landslides. Similar to the 2019 Project, the bridge would not be located within a landslide or liquefaction zone, however portions of the parking lot would be located within a landslide zone. During construction, the vacant lot of the proposed Project will be graded flat. During this phase, the proposed Project will implement slope stabilization methods and best management practices (BMPs) to reduce surface erosion and reduce the potential of landslides. Once the parking lot is constructed, the area will be landscaped and relatively flat thereby reducing the potential for landslides. In addition, retaining walls along Coast Highway will be installed as part of the proposed Project and will reduce impacts associated with landslides. Therefore, implementation of the Proposed Project would not result in any new, significant impacts associated with landslides and no major revisions to the 2019 MND would be required. b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Soils within the Proposed Project site are classified as sandy loam, fine sandy loam, and gravelly coarse sand (USDA 2019). Similar to the 2019 Project, the proposed Project would comply with the policies listed in the Natural Resources Element to minimize soil erosion or loss of topsoil by implementing best management practices, site design and source control (City of Newport Beach 2006) and would comply with the General Plan and Coastal Land Use Plan for erosion minimization. Therefore, implementation of the Proposed Project would not result in new, significant impacts associated with soil erosion or the loss of topsoil. In addition, no major revisions to the 2019 MND would be required. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less than Significant Impact. The 2019 MND concluded that the Project site is not located in an area identified to have the potential for liquefaction and not located within a seismic hazard zone. However, similar to the 2019 Project, the proposed Project would be consistent with the General Plan policies for seismic strengthening by complying with applicable seismic design parameters. Therefore, implementation of the Proposed Project would not result new, significant impacts associated with Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 35 21169 landslides, lateral spreading, subsidence, liquefaction, or collapse. In addition, no major revisions to the 2019 MND would be required. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact. Expansive soils are certain types of clay soils that expand when saturated and shrink when dried. The 2019 MND concluded that with compliance with Section 3104 of the California Building Code for Pedestrian Walkways and Tunnels and the General Plan Goal S4 to minimize the potential risk to life or property for both construction of the pedestrian bridge and parking lot impacts would be less than significant. The proposed Project would also develop a bridge for pedestrian and bicycle uses with a slightly different design. However, the proposed Project would also comply with Section 3104 of the CBC and the General Plan Goal S4 and therefore no new impacts would occur. In addition, no major revisions to the 2019 MND would be required. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project activities include minor design changes to the 2019 Project. The Proposed Project, consistent with the 2019 Project, would not involve activities that would require the installation of septic tanks or alternative wastewater disposal systems. No new impacts would occur and no major revisions to the 2019 MND would be required. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact with Mitigation. The 2019 MND concluded that although no fossils or archaeological resources were found on the site, the Project site contains an above average potential for paleontological resources. The Project site is located within the footprint of the 2019 Project. The 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM PALEO-1: All project-related ground disturbance that could potentially impact the Monterey Formation and the Old Paralic Deposits will be monitored by a qualified paleontological monitor on a full-time basis, as these geologic units are determined to have a high paleontological sensitivity. Project-related excavations that occur in surficial younger alluvial deposits (not mapped in the current study area but existing in the vicinity) will be monitored on a part-time basis to ensure that underlying paleontologically sensitive sediments are not being impacted. Excavations exceeding 5 feet in depth in Quaternary alluvium will be monitored on a full-time basis. MM PALEO-2: A qualified paleontologist will be retained to supervise monitoring of construction excavations and to produce a Paleontological Monitoring and Mitigation Plan for the proposed project. Paleontological resource monitoring will include inspection of exposed rock units during active excavations within sensitive geologic sediments. The monitor will have authority to temporarily divert grading away from exposed fossils and halt construction activities in the immediate vicinity in order to professionally and efficiently recover the fossil Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 36 21169 specimens and collect associated data. The qualified paleontologist will prepare progress reports to be filed with the lead agency. MM PALEO-3: At each fossil locality, field data forms will be used to record pertinent geologic data, stratigraphic sections will be measured, and appropriate sediment samples will be collected and submitted for analysis. MM PALEO-4: Matrix sampling would be conducted to test for the presence of microfossils. Testing for microfossils would consist of screen-washing small samples (approximately 200 pounds) to determine if significant fossils are present. If microfossils are present, additional matrix samples will be collected (up to a maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant microfossil sample). MM PALEO-5: Recovered fossils will be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and re-posited in a designated paleontological curation facility. The most likely repository is the SDNHM. MM CUL-1: If archaeological or paleontological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps (i.e., additional excavation, curation, preservation, etc.). The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measures MM PALEO-1 through MM PALEO-5 and MM CUL-1, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. 4.8 GREENHOUSE GAS EMISSIONS 8. GREENHOUSE GAS EMISSIONS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would generate emissions that would be far below the AB 32 SCAQMD threshold. The Project as proposed, would result in an updated design for the bridge which would ultimately result in less construction than the 2019 Project. The Proposed Project would not increase impacts beyond those analyzed in the 2019 Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 37 21169 MND. Less than significant impacts would result, and no major changes to the 2019 MND would be required. b) Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would generate emissions that would be far below the AB 32 SCAQMD threshold, and the AB 1397 and SB 32 thresholds and therefore would not conflict with any applicable plan, policy, or regulation adopted for reducing the emissions of GHGs. The Project as proposed, would result in an updated design which includes a smaller footprint for the bridge which would ultimately result in less construction than the 2019 Project. Therefore, the proposed Project would not introduce new, significant impacts in addition to those analyzed in the 2019 MND, so no major revisions to the 2019 MND would be required. 4.9 HAZARDS AND HAZARDOUS MATERIALS 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (e) For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? (f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 38 21169 a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact. Similar to the 2019 Project, the construction of the proposed Project would result in the temporary transport and storage of hazardous materials. During construction, the proposed Project would utilize hazardous materials such as fuels and solvents. Potentially hazardous materials will be stored and disposed of according to regulations set forth by local, State, and federal regulations during construction operations. Once the construction of the bridge and parking lot, are completed, the proposed Project would not introduce new land uses that would require the routine transport, use, or disposal of significant amounts of hazardous materials. Therefore, the proposed Project is not expected to significantly increase the risk of the release of hazardous materials beyond risks analyzed in the 2019 MND, and no major revisions to the 2019 MND would be required. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact with Mitigation. A Hazardous Materials Assessment (HMA) was prepared for the 2019 Project which concluded construction activities may result in some potential release of contaminants during ground disturbing activities. In addition, the 2019 MND incorporated the following mitigation to ensure less than significant impacts: MM HAZ-1: Any contaminated soils or other hazardous materials removed from the proposed Project site shall be transported only by a Licensed Hazardous Waste Hauler who shall be in compliance with all applicable State and federal requirements, including U.S. Department of Transportation regulations under Title 49 of the CFR (Hazardous Materials Transportation Act), California Department of Transportation standards, Occupational Safety and Health Administration standards, and the Resource Conservation and Recovery Act (42 United States Code §6901 et seq.). The City of Newport Beach Public Works and Community Development Departments shall verify that only Licensed Haulers who are operating in compliance with regulatory requirements are used to haul hazardous materials. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM HAZ-1, however, no new impacts would occur that were not previously analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The 2019 MND noted that the nearest school is Pacifica Christian High School located approximately 0.45 miles from northeast from the proposed Project site on 883 West 15th Street in the City of Newport Beach. Similar to the 2019 Project, the proposed Project would not emit hazardous emissions or handle hazardous materials within one-quarter mile of a school. No new impacts would occur, and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 39 21169 d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The HMA that was prepared for the 2019 Project concluded that none of the nearby hazardous sites were located on or near the Project site. The proposed Project would be located within the same footprint as the 2019 Project. An updated review of the State Water Resources Control Board (SWRCB) GeoTracker online database and Department of Toxic Substances Control’s (DTSC’s) EnviroStor database (where applicable) were conducted and no new sites were identified. Therefore, no new impacts would occur and no major revisions to the 2019 MND would be required. e) For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The 2019 MND concluded that the nearest airport is John Wayne Airport located approximately 4.5 miles north from the proposed Project site and the nearest private heliport is located at Hoag Memorial Hospital approximately 0.5 miles northeast from the proposed Project site. The proposed Project site is not located within 2 miles of a public airport. The proposed Project would be located within the same footprint as the 2019 Project and therefore, no new impacts would occur. In addition, no major revisions to the 2019 MND would be required. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. The 2019 MND concluded that Superior Avenue and West Coast highway have been identified as potential tsunami run up zones, and evacuation route signs are located along Superior Avenue, and at the intersection of West Coast Highway (City of Newport Beach 2006). Similar to the 2019 Project, Superior Avenue has the potential to be temporarily closed at night to accommodate the installation of the proposed bridge’s superstructure. However, all other roads in the vicinity would remain open for travel, and Superior Avenue would maintain its current accessibility once construction is complete. The proposed Project would not impair the implementation of or interfere with, an adopted emergency response or emergency evacuation plan. The proposed Project would not include any significant roadway work or altering the routes of Superior Avenue or West Coast Highway. No new impacts would occur and impacts would be less than significant. In addition, no major revisions to the 2019 MND would be required. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? No Impact. The 2019 MND noted that the Project site is located in a low/no susceptibility area for wildfire hazards and would not construct any habitable structures. The proposed Project would be located within the same footprint as the 2019 Project and would also not construct any habitable structures. Therefore, no new impacts would occur and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 40 21169 4.10 HYDROLOGY AND WATER QUALITY 10. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off- site; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flood on- or off-site; iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows? (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less than Significant Impact. The proposed Project site is located entirely within the site analyzed in the 2019 MND, which is an urbanized area. Similar to the 2019 Project, the proposed Project could generate potential pollutants during construction including sediment, organic compounds, trash, debris, oils, grease, and solvents. Implementation of these requirements will minimize any potential of violating water quality standards and waste discharge requirements (City of Newport Beach 2006). Implementation of BMPs that would be outlined in the SWPPP would prevent impacts to the water quality. These practices include but are not limited to litter control, landscape design, efficient irrigation system, and general waste management. The proposed Project would comply with the policies identified in the Local Coastal Implementation Plan for water quality control (City of Newport Beach 2017b). Therefore, the Proposed Project would not introduce new significant impacts compared to the 2019 Project, and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 41 21169 b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The 2019 MND concluded that the depth of excavation would not reach groundwater levels and therefore it would not interfere with groundwater recharge. The proposed Project would not require excavation depths deeper than what was previously analyzed and therefore the Proposed Project would not deplete groundwater supplies or interfere substantially with groundwater recharge. No new impacts would occur and no major revisions to the 2019 MND would be required. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site; Less than Significant Impact. The 2019 MND noted that the Project would not involve the alteration or blockage of the existing concrete culverts. Similar to the 2019 Project, the proposed Project would not include the construction of any buildings or facilities or introduce permanent populations such as residents and employees that would significantly increase the capacities for the existing stormwater systems. The proposed Project would also implement BMPs provided in the Orange County Stormwater Program to control pollutant discharges from construction sites. No new impacts would occur, and no major revisions to the 2019 MND would be required. ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flood on- or off-site; Less than Significant Impact. Similar to the 2019 Project, the proposed Project, during construction, areas within the Project site would be compacted and the drainage patterns would be altered and operation of the Project would introduce impervious surfaces which would in turn result in increased runoff. Similar to the 2019 Project, the proposed Project would be subject to requirements of the California Regional Water Quality Control Board NPDES Permit and Waste Discharge Requirements for the area-wide urban runoff Orange County MS4 permit. Construction and post-construction activities would implement BMPs identified in the proposed Project SWPPP and NPDES permit to minimize the amount of surface runoff (SWRCB 2014). The development of a SWPPP and Erosion Control Plans would identify site specific BMPs that would manage and control surface runoff, and minimize flooding. The footprint of the Project would be very similar but slightly less than the approved 2019 Project, as the bridge is slightly shorter and would not require a support in Superior Avenue. Therefore no new impacts would occur, and no major revisions to the 2019 MND would be required. iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less than Significant Impact. The 2019 MND concluded that the Project’s construction and operational activities would introduce impervious surfaces and increase runoff to the area, however compliance with the General Plan’s goals and policies to minimize runoff would reduce impacts to less than significant. The proposed Project would also comply with the General Plan as shown in Table 4- Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 42 21169 2: General Plan and Coastal Land Use Plan Consistency Analysis – Water Quality Control. In addition, the proposed Project would not include the development of residential, commercial, or industrial facilities that could require expansion of existing stormwater drainage capacities. Per the goals of the Natural Resources Element (NR3) to enhance and protect the water quality, the proposed Project would comply with the following General Plan policies to minimize runoff and therefore would not exceed the capacity of the stormwater drainage systems, nor would it result in additional polluted runoff. No new impacts would occur and no major revisions to the 2019 MND would be required. Table 4-2: General Plan and Coastal Land Use Plan Consistency Analysis – Water Quality Control Policy Consistency with Policy General Plan Policy NR 3.5 Storm Sewer System Permit/Coastal Land Use Plan 4.3.2 (4.3.2-1 to 4.3.2-25) Require all development to comply with the regulations under the City’s municipal separate storm sewer system permit under the National Pollutant Discharge Elimination System. (Policy HB8.5). Consistent. The proposed Project would comply with the NPDES permit and Waste Discharge Requirements to minimize or control surface runoff. General Plan Policy NR 3.10: Water Quality Management Plan Require new development applications to include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events during construction and post-construction. (Policy HB8.10) Consistent. Prior to ground disturbance, the City will prepare and implement a Water Quality Management Plan to minimize runoff from rainfall events during construction and post construction. General Plan Policy NR 3.18 Parking Lots and Rights-of- Way Require that parking lots, and public and private rights- of-way be maintained and cleaned frequently to remove debris and contaminated residue. (Policy HB8.18) Consistent. Once developed, the proposed parking lot would be maintained and cleaned to minimize waste and contamination that could result in the degradation of water quality. Coastal Land Use Plan 2.17-2: New development shall provide for the protection of the water quality of the bay and adjacent natural habitats. New development shall be designed and sited to minimize impacts to public views of the water and coastal bluffs Consistent. The proposed Project is not located within a coastal bluff. However, there are scenic views of the water from the proposed Project. Construction of the pedestrian bridge will comply with the General Plan policies to minimize contamination and degradation of water quality, and minimize or control surface runoff with the implementation of site specific BMPs. iv) Impede or redirect flood flows? Less than Significant Impact. The 2019 MND followed the 2019 CEQA Guidelines Checklist which did not previously include this threshold. However, as previously mentioned, the proposed Project would not involve the alteration or blockage of the existing concrete culverts. Additionally, the proposed Project would develop a SWPPP and Erosion Control Plans which would identify site specific BMPs that would manage and control surface runoff, and minimize flooding. Impacts would be less than significant. No new impacts would occur and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 43 21169 d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than Significant Impact. Similar to the 2019 Project, the Project site is located approximately 1,000 feet northeast from the Pacific Ocean which has a low probability, but high-risk tsunami events. The proposed Project would not introduce new structures that could expose people to a tsunami or seiche. Similar to the 2019 Project, the proposed Project may result in the release of pollutants due to flooding during construction. As such, the proposed Project would handle potentially hazardous materials according to local, State, and federal regulations and would implement site control measures to minimize flooding. Tsunami and seiche zones have not changed since the 2019 Project. The proposed Project introduces no new risks of pollutants releasing from the Project site due to floods, tsunami, or seiche; and no major revisions to the 2019 MND will be required. e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would comply with the NPDES permit and would implement BMPs to reduce any impacts associated with water quality to less than significant. Additionally, the proposed Project would not include activities that would impact or modify groundwater resources. The Orange County Water District (OCWD) Groundwater Management Plan manages the Orange County Groundwater Basin. The proposed Project would not be located within any sampling wells or groundwater replenishment systems. Thus, the Proposed Project would comply with applicable water quality or groundwater management plans. No new impacts would occur and no major revisions to the 2019 MND would be required. 4.11 LAND USE AND PLANNING 11. LAND USE/PLANNING Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Physically divide an established community? (b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? a) Would the project physically divide an established community? No Impact. The 2019 MND noted the proposed Project would not physically divide an established community and would instead provide a needed connection between a parking lot and existing park for bicycle and pedestrian users. The uses onsite will remain as a public facility for public use. The bridge, parking lot, and park would not result in a new barrier in the community. The Project as proposed would result in minor changes to the 2019 Project that would also not physically divide an established community. No new impacts would occur and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 44 21169 b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The majority of the proposed Project site is designated as Parks and Recreation (PR) in the General Plan and is zoned Parks and Recreation (PR). The 2019 MND concluded that the uses associated with the 2019 Project would be consistent with the applicable plans including zoning and the Local Coastal Program (LCP). The Project as proposed would result in minor changes to the 2019 Project, which includes the change of the bridge design. No component of the Proposed Project, once operational, would have the potential to conflict with adjacent land uses. No new impacts would occur, and no major revisions to the 2019 MND would be required. 4.12 MINERAL RESOURCES 12. MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Project site is within the same site as the 2019 Project, which is mapped within Mineral Resource Zone 3 (MRZ-3). These are areas as “continuing known mineral occurrences of undetermined mineral resource significance” (DOC 1981). There is no active mining within the area (City of Newport Beach 2006). Similar to the 2019 Project, the proposed Project would not include any mining activities that would result in the loss of availability of known mineral resources. While the proposed Project will require heavy ground disturbance and earthwork activities, excavation depths are not anticipated to be deep enough to uncover significant mineral resources. Therefore, the Proposed Project would not result in a new impact associated with mineral resource availability, and no major revisions to the 2019 MND will be required. b) Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As noted above in item 4.12 a), the Project site is mapped within MRZ-3; however, no mineral resource extraction or other mining operations currently occur within or adjacent to the Project site. Similar to the 2019 Project, no mining or mineral extracting activities are proposed. No new impacts would occur, and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 45 21169 4.13 NOISE 13. NOISE Would the project result in: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (b) Generation of excessive groundborne vibration or groundborne noise levels? (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? A noise analysis was completed for the 2019 Project, which outlined potential noise levels associated with 2019 Project construction and operational activities. The Project site is the same as was analyzed in the previously approved 2019 MND. The construction and operational activities associated with the proposed Project are substantially similar to those analyzed in the 2019 MND and are not anticipated to significantly increase previous noise results. City of Newport Beach Noise Standards For construction activities within the City of Newport Beach, Municipal Code Section 10.28.040(A) exempts construction noise from the City’s noise standards, provided that construction activities are conducted between 7:00 a.m. and 6:30 p.m. Monday through Friday or between 8:00 a.m. and 6:00 p.m. on Saturdays. Section 10.28.040(D)(2)(b) of the Municipal Code exempts public works construction projects from the City noise standards provided that the City Manager or department director determines that the construction activities cannot be conducted during normal business hours. Operational activities are subject to the City’s exterior noise standards detailed in Section 10.26.025 of the Municipal Code that limits noise to 55 dBA between 7:00 a.m. and 10:00 p.m. and 50 dBA between 10:00 p.m. and 7:00 a.m. at the exterior of the nearby homes. a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. Similar to the 2019 Project, the proposed Project would consist of construction of a pedestrian and bicycle bridge overcrossing Superior Avenue and a new larger parking lot. The construction activities for the proposed Project are anticipated to begin in mid-2021 and would be completed in 14 to 18 months. The phases of construction (demolition, grading, construction) would occur in the same manner as proposed in the 2019 Project. In addition, the construction activities would occur during the same timeframes as the 2019 Project. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 46 21169 The noise analysis for construction of the 2019 Project concluded that construction impacts would be less than significant. The Project as proposed, would result in an updated design which includes a revision to the bridge design which would ultimately result in less construction than the 2019 Project. Accordingly, no new impacts would occur and impacts would be less than significant. Analysis of the 2019 Project concluded that operations-related onsite noise impacts to the nearby homes would be less than significant. Operation of the proposed Project would be the same as the 2019 Project and therefore no new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. No known sources of groundborne vibration or groundborne noise were associated with the operation of 2019 Project; therefore, implementation of the Proposed Project is not expected to result in operational impacts associated with groundborne vibration or groundborne noise. Construction equipment used during Project site excavation has the greatest potential to generate vibrations that would affect local residential land uses. Construction equipment would include loaded trucks, excavators, dozers, and loaders. Based on the modeling results from the noise study prepared for the 2019 Project, vibration levels from construction equipment would generate vibration levels would be 0.081 PPV at the nearest residence. Since the proposed Project construction activities are expected to be substantially similar to the 2019 Project construction activities, no new groundborne noise impacts would be introduced, and no major revisions to the 2019 MND would be required. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than Significant Impact. The proposed Project is located within the footprint of the 2019 Project. The Project site is not located within two miles of a public airport and is not in the vicinity of a private airstrip. The nearest airport is John Wayne Airport, which is located approximately 4.5 miles northeast of the proposed Project site. Therefore no new impacts would occur, and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 47 21169 4.14 POPULATION AND HOUSING 14. POPULATION AND HOUSING. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The 2019 MND concluded that the 2019 Project would not directly or indirectly induce population growth and therefore, no impacts would occur. The proposed Project would be substantially similar to the 2019 Project and would not directly or indirectly induce population growth. As such, no new impacts would occur and no major revisions to the 2019 MND would be required. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The 2019 MND concluded that because the 2019 Project would not include construction of any residences or housing units and would not involve any activities that would result displacing existing residents or housing, no impacts would occur. The proposed Project would be substantially similar to the 2019 Project and would not displace a substantial number of existing housing units or people, necessitating the construction of replacement housing elsewhere. Therefore, no new impacts would occur, and no major revisions to the 2019 MND will be required. 4.15 PUBLIC SERVICES 15. PUBLIC SERVICES. Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire Protection? Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 48 21169 ii) Police Protection? iii) Schools? iv) Parks? v) Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire Protection? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would not result in increased populations that would require additional public services, as the new bridge and associated facilities would serve the existing population. The 2019 Project did not include any activities that would require the modification of the Lido Fire Station or other fire stations. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. Similar to the 2019 Project, the proposed Project may temporarily increase the risk of fire due to the presence of construction equipment at the Project site. However, compliance with the Newport Beach Fire Department requirements for fire protection standards would minimize the risk of fire. Therefore, the proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection services or a need for new or physically altered fire protection services Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. ii) Police Protection? No Impact. The 2019 MND found that the 2019 Project would not result in increased populations that would require additional public services, nor would it impact the nearest police station and therefore no impact would occur. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. The proposed Project would also not result in increased populations that would require additional services or impact the nearest police station. Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. iii) Schools? No Impact. The 2019 MND noted that the 2019 Project would not result in an increase to population and therefore, no impacts would occur. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. The proposed Project would also not result in increased populations that would result in an increase to the population. Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. iv) Parks? Less than Significant Impact. The proposed Project includes minor alterations to the 2019 Project which included the construction of a bicycle and pedestrian bridge and an asphalt parking lot. Similar to the 2019 Project, the proposed Project would not alter Sunset Ridge Park except for temporary construction activities near the southeast portion of the park. These construction activities would be Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 49 21169 scheduled during low usage months, or events would be relocated to an alternate location temporarily if parking cannot be provided closer to the park. While the presence of the bridge will change the surrounding area, the proposed Project will provide park users additional parking and a safe passageway to access Sunset Ridge Park. Similar to the 2019 Project, the proposed Project would not result in the increased use of existing parks and recreational facilities. Therefore, the Proposed Project would not increase the use of existing recreational facilities such that physical deterioration would occur or be accelerated. No new impacts would occur, and no major revisions to the 2019 MND would be required. v) Other public facilities? Less than Significant Impact. The 2019 MND concluded that although the Hoag Child Center building is located relatively near the site, that the 2019 Project would not result in increased populations that would require an increase in hospital services and impacts would be less than significant. The proposed Project includes minor alterations to the 2019 Project including revisions to the design of the bridge. The proposed Project would also not result in increased populations that would result in an increase to the population. Consequently, no new impacts would occur, and no major revisions to the 2019 MND would be required. 4.16 RECREATION 16. RECREATION. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. The proposed Project includes minor alterations to the 2019 Project which included the construction of a bicycle and pedestrian bridge and an asphalt parking lot. Similar to the 2019 Project, the proposed Project would not alter Sunset Ridge Park except for temporary construction activities near the southeast portion of the park. These construction activities would be scheduled during low usage months, or events would be relocated to an alternate location temporarily if parking cannot be provided closer to the park. While the presence of the bridge will change the surrounding area, the proposed Project will provide park users additional parking and a safe passageway to access Sunset Ridge Park. Similar to the 2019 Project, the proposed Project would not result in the increased use of existing parks and recreational facilities. Therefore, the Proposed Project would not increase the use of existing recreational facilities such that physical deterioration Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 50 21169 would occur or be accelerated. No new impacts would occur, and no major revisions to the 2019 MND would be required. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. The Proposed Project does not include the construction or operation of any additional recreational facilities beyond those analyzed in the 2019 MND. No new impacts would occur and impacts would remain less than significant. 4.17 TRANSPORTATION 17. TRANSPORTATION. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities? (b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? (c) Substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (d) Result in inadequate emergency access? a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities? Less than Significant Impact. The 2019 MND concluded that the 2019 Project would provide an additional bicycle and pedestrian path to Sunset Ridge Park without significantly modifying existing roadways, transit, or bicycle lanes. Similar to the 2019 Project, the proposed Project would have the potential to include temporary road closures during construction. Superior Avenue may be closed at night depending on the bridge design chosen to accommodate the installation of the proposed bridge’s superstructure; all other roads in the vicinity would remain open. Superior Avenue, as listed as a tsunami run up area, would not be modified to prevent its use during an emergency. A traffic control plan would be prepared prior to construction to specify any potential reroutes, speed limits, etc. Therefore, no new impacts would occur, and implementation of the proposed Project would result in less than significant impacts. No major revisions to the 2019 MND would be required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. The 2019 MND noted that as per the CEQA Guidelines section 15064.3, subdivision (b)(1), projects that reduce vehicle miles traveled, such as pedestrian, bicycle and transit projects, should have a less than significant impact. As per the CEQA Guidelines section 15064.3, subdivision (b)(2), transportation projects which reduce vehicle miles traveled should be presumed to cause a less than significant transportation impact. The 2019 Project is not a land use project and Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 51 21169 would not involve changes to the existing land uses and impacts would be less than significant. The proposed Project would result in minor changes to the 2019 Project, is not a land use project, and would not involve changes to the existing land uses. Therefore, no new impacts would occur, and implementation of the proposed Project would result in less than significant impacts. No major revisions to the 2019 MND would be required. c) Would the project substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. The 2019 MND concluded that the addition of the bicycle and pedestrian bridge would not pose a hazard to high profile vehicles because height of the bridge (from ground to base). The pedestrian bridge would provide access which would increase pedestrian safety. Similar to the 2019 Project, the proposed Project would be built above the vertical clearance of 14 feet as identified in the California Vehicle Code (Caltrans). Therefore, no new impacts would occur, and implementation of the proposed Project would result in less than significant impacts. No major revisions to the 2019 MND would be required. d) Would the project result in inadequate emergency access? Less than Significant Impact. The proposed Project is within the 2019 Project footprint. Similar to the 2019 Project, Superior Avenue has the potential to be closed at night, to accommodate the installation of the proposed bridge’s superstructure, all other roads in the vicinity would remain open. Superior Avenue, is listed as a tsunami run up area, would not be modified to prevent its use during an emergency. A traffic control plan would be prepared prior to construction to specify any potential reroutes, speed limits, etc. Emergency access would be maintained during construction. Therefore, implementation of the proposed Project would not increase or introduce new impact associated with an emergency response plan or emergency evacuation plan. No major revisions to the 2019 MND would be required. 4.18 TRIBAL CULTURAL RESOURCES 18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 52 21169 18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. a) Would the project be listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or No Impact. The 2019 MND concluded that there were no historic or prehistoric resources identified or occur on the site. The proposed Project would be within the footprint of the 2019 Project and therefore would also not contain historic or prehistoric resource. No new impacts would occur, and no major revisions to the 2019 MND would be required. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant with Mitigation. The 2019 Project conducted the AB 52 consultation on June 27, 2019. Of the two tribes contacted, one responded. The Gabrieleño Band of Mission Indians- Kizh Nation responded within the 30-day timeframe under AB 52 and requested consultation if ground disturbance was planned. Since the project does call for ground disturbance, the City of Newport Beach engaged in consultation with Tribal Councilmembers on July 25, 2019. During the consultation, the Tribal Councilmembers indicated that the Project is within a culturally sensitive area. Because of this information, the City of Newport Beach proposed the following mitigation measure on July 26, 2019: MM TCR -1: Prior to issuance of any grading permit, the Applicant shall provide satisfactory evidence that a Native American monitor (i.e., Gabrieleño Band of Mission Indians-Kizh Nation), has been retained to observe ground disturbance activities during grading and excavation. In the event that tribal cultural resources are discovered, the Native American monitor shall be included in the consultation on the recommended next steps. The proposed Project would involve a similar amount of ground disturbance and would be within the footprint of the 2019 Project. Similar to the 2019 Project, the proposed Project would also implement Mitigation Measure MM TCR-1, however, no new impacts would occur that were not previously Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 53 21169 analyzed. Impacts would remain less than significant, and no major revisions to the 2019 MND would be required. 4.19 UTILITIES AND SERVICE SYSTEMS 19. UTILITIES/SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? (b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (e) Comply with federal, state, and local management and reduction statutes and regulations related to solid wastes? a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. The 2019 MND concluded the Project would not require relocation or construction of new utilities for wastewater, stormwater, electric power, natural gas, or telecommunications. The proposed Project would result in the same uses as the 2019 Project and there are no proposed structures or facilities, including commercial and residential properties that would require new utility connections. No new impacts would occur, and no major revisions to the 2019 MND would be required. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. The 2019 MND concluded that water for the Project will be provided by the City, and the City has acknowledged that there is adequate water supply to support the Project. Similar to the 2019 Project, the proposed Project would not involve in the construction of residential, commercial, or industrial buildings that would require large, frequent amounts water supplies for Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 54 21169 operation and maintenance. Additionally, the proposed Project would comply with local, regional, and state water conservation policies, and follow best management practices to reduce water consumption during construction including Policy NR 1.1, Water Conservation in New Development, of the General Plan (City of Newport Beach 2006). The proposed Project would include drought tolerant landscaping which will utilize recycled water. No new impacts on water supply would occur, and no major revisions to the 2019 MND would be required. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less than Significant Impact. The 2019 MND concluded that the Project would not involve the construction of residential, commercial, or industrial buildings that would require a significant need in wastewater treatment. The proposed Project would develop the same uses as the 2019 Project and would also not result in a need for significant wastewater treatment. Furthermore, the proposed Project would comply with the General Plan goals and policies in water conservation and recycled water use during development. No new impacts would occur, and no major revisions to the 2019 MND would be required. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. The 2019 MND noted that the construction of the Project would generate solid waste including scrap lumber, concrete, residual waste, packaging material, plastics, etc. The proposed Project would also result in waste generation from construction. Operation of the proposed Project would not involve in an increase in population within the proposed Project area and would not result in an increase in waste generation. Under the General Plan, the Orange County landfills will have adequate capacity to operate until 2035. To ensure optimal diversion of solid waste generated, the proposed Project would recycle, or salvage solid waste generated to minimize disposal into landfills. Compliance and incorporation of the City’s guidelines in waste reduction and recycling goals would result in no new impacts when compared to the 2019 Project. No major revisions to the 2019 MND would be required. e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid wastes? Less than Significant Impact. Similar to the 2019 Project, all activities associated with construction and operation of the proposed Project, would comply with all City, county, and State solid waste diversion, reduction, and recycling mandates, including compliance with the county-wide the Orange County Integrated Waste Management Plan. No new impacts would occur, and no major revisions to the 2019 MND would be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 55 21169 4.20 WILDFIRE 20. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Substantially impair an adopted emergency response plan or emergency evacuation plan? (b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? b) Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The 2019 MND noted that the Project site is located in an area of low/no susceptibility to wildfire (City of Newport Beach 2006) and would not include the installation or expansion of associated infrastructures (such as fuel breaks, emergency water sources, or other utilities) that could exacerbate a fire risk. The 2019 Project would not impair an emergency access route or an emergency response plan. The proposed Project is within the same footprint as the 2019 Project and would provide the same uses and layout. Therefore, no new impacts would occur, and no major revisions to the 2019 MND will be required. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 56 21169 4.21 MANDATORY FINDINGS OF SIGNIFICANCE 21. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact (a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) (c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact with Mitigation. Similar to the 2019 Project, the proposed Project would construct a pedestrian and bicycle bridge and a parking lot. The proposed Project is located in an urbanized area with a currently active park and parking lot. The proposed Project will not result in significant impacts to sensitive animal species because of their low potential to occur within the Project site. Although impacts would be slightly less than those of the approved Project due to the slightly reduced footprint, similar to the 2019 Project, the proposed Project may result in direct and indirect impacts to habitat for sensitive wildlife species or to sensitive wildlife species that may be present within natural communities adjacent to the proposed Project. Implementation of the following mitigation measures from the 2019 MND would also apply to the proposed Project and would result in less than significant impact to natural communities and sensitive plant species. • MM BIO-1: Project-related activities likely to have the potential to disturb suitable bird nesting habitat shall be prohibited from February 15 through August 31, unless a Project Biologist acceptable to the City of Newport Beach surveys the Project area prior to disturbance to confirm the absence of active nests. Disturbance shall be defined as any activity that physically removes and/or damages vegetation or habitat or any action that may cause disruption of nesting behavior such as loud noise from equipment and/or artificial night lighting. Surveys shall be conducted weekly, beginning no earlier than 30 days and ending no later than 3 days prior to Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 57 21169 the commencement of disturbance. If an active nest is discovered, disturbance within a particular buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the Biologist in consideration of species sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The Biologist shall record the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City of Newport Beach to document compliance with applicable State and federal laws pertaining to the protection of native birds. Similarly, for preserved vegetation that occurs within 50 to 100 feet of construction activities, if construction is occurring during the nesting season, preserved vegetation shall be surveyed for the presence of nesting birds. • MM BIO-2: Flag or install construction fencing or silt fencing along the proposed Project boundaries to delineate construction limits and to prevent encroachment into adjacent natural communities. The limits of both the Superior and West Coast Highway wetlands will be clearly demarcated in the field and all on-site construction personnel will be informed about the wetland avoidance area prior to the commencement of construction activities. The construction contractor will install a solid protective barrier that is clearly visible to construction personnel, particularly any construction equipment operators, and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor the construction work to ensure that encroachment into the wetlands does not occur. • MM BIO-3: Gravel bags should be placed along the tops of the v-ditches in order to minimize erosion and to prevent construction debris and potentially hazardous materials from entering the waterway during a rain event. • MM BIO-4: Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint should be avoided to the greatest extent feasible. o Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project footprint, that may be avoided, shall be flagged or construction or silt fencing should be installed along the avoidable vegetation to delineate construction limits and to prevent encroachment into adjacent natural communities. o Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which cannot be avoided will be mitigated through one of the following, in order of priority:  Onsite Mitigation: Any temporary impacts to CSS will be revegetated within the Sunset Ridge planted area, in areas that are not currently vegetated. Specifically, there is an opportunity for revegetation in an area outside of the delineated wetlands that, with approval from the Commission, could provide additive benefits to the Sunset Ridge Park planted area, immediately to the northeast of the Project site. This will provide a continuation of the CSS habitat previously revegetated onsite. The City will replant the area to be equivalent to existing conditions, which consists of superior high quality native vegetation with coverage of primarily CSS. If this area is not approved for revegetation by the Commission, alternative onsite mitigation opportunities will be evaluated.  Offsite Mitigation: Additive habitat assessment in the area adjacent to the project site within the replanted CSS would be provided to mitigate impacts Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 58 21169 from direct disturbance from the bridge structure and potential impacts from shading. One wetland area is located off site along the slope on the north side of Superior Avenue. Another wetland area is located along West Coast Highway, south of the proposed Project site. The proposed Project has been designed to avoid these wetlands. Mitigation Measure BIO-5, below, to ensure that the Project will not impact the wetlands. This adaptive management approach would safeguard the biological integrity of, as well as protect and preserve, the existing West Coast Highway wetlands. • MM BIO-5: Following completion of the construction activities, the City will conduct monthly monitoring of the West Coast Highway wetlands to evaluate and document the associated conditions to determine if any unforeseen impacts from the proposed construction activities are occurring. This monthly monitoring will continue for up to one year, or until such time as it can be sufficiently demonstrated that the wetlands will continue to persist in perpetuity. If it is determined during post-construction monitoring that construction has resulted in an unexpected impact to the wetlands, appropriate remedial actions will be implemented by the City. For instance, an unforeseen disruption or obstruction of subsurface hydrology to the wetlands may warrant the City’s provision of an alternative water source that would continue to supply sufficient water to sustain the wetlands. The proposed Project would also require grading and excavation that may result in the discovery of previously unidentified artifacts related to California history or prehistory. Implementation of the following mitigation measures from the 2019 MND would also apply to the proposed Project and would result in less than significant impact to cultural resources and paleontological resources. • MM CUL-1: If archaeological or paleontological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps (i.e., additional excavation, curation, preservation, etc.). • MM CUL-2: During proposed Project construction, activities will be halted and an archaeologist must be available to evaluate the find. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. • MM PALEO-1: All project-related ground disturbance that could potentially impact the Monterey Formation and the Old Paralic Deposits will be monitored by a qualified paleontological monitor on a full-time basis, as these geologic units are determined to have a high paleontological sensitivity. Project-related excavations that occur in surficial younger Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 59 21169 alluvial deposits (not mapped in the current study area but existing in the vicinity) will be monitored on a part-time basis to ensure that underlying paleontologically sensitive sediments are not being impacted. Excavations exceeding 5 feet in depth in Quaternary alluvium will be monitored on a full-time basis. • MM PALEO-2: A qualified paleontologist will be retained to supervise monitoring of construction excavations and to produce a Paleontological Monitoring and Mitigation Plan for the proposed project. Paleontological resource monitoring will include inspection of exposed rock units during active excavations within sensitive geologic sediments. The monitor will have authority to temporarily divert grading away from exposed fossils and halt construction activities in the immediate vicinity in order to professionally and efficiently recover the fossil specimens and collect associated data. The qualified paleontologist will prepare progress reports to be filed with the lead agency. • MM PALEO-3: At each fossil locality, field data forms will be used to record pertinent geologic data, stratigraphic sections will be measured, and appropriate sediment samples will be collected and submitted for analysis. • MM PALEO-4: Matrix sampling would be conducted to test for the presence of microfossils. Testing for microfossils would consist of screen-washing small samples (approximately 200 pounds) to determine if significant fossils are present. If microfossils are present, additional matrix samples will be collected (up to a maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant microfossil sample). • MM PALEO-5: Recovered fossils will be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and reposited in a designated paleontological curation facility. The most likely repository is the SDNHM. • MM TCR -1: Prior to issuance of any grading permit, the Applicant shall provide satisfactory evidence that a Native American monitor (i.e., Gabrieleño Band of Mission Indians-Kizh Nation), has been retained to observe ground disturbance activities during grading and excavation. In the event that tribal cultural resources are discovered, the Native American monitor shall be included in the consultation on the recommended next steps. With implementation of the above mitigation measures to reduce impacts to biological, cultural, and paleontological resources, impacts will remain less than significant and no major revisions to the 2019 MND would be required. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. The 2019 MND analyzed several cumulative projects including the following: Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 60 21169 • Project No: 18L11: West Coast Highway Median Landscaping: This project is the installation and enhancement of the landscaping and irrigation systems in the medians along West Coast Highway between the Santa Ana River and Newport Boulevard, and West Coast Highway and Balboa Boulevard/Superior Avenue. • PA2008-047: Old Newport GPA Project: 328, 332, and 340 Old Newport Boulevard: This project is the demolition of 3 existing buildings to construct a medical office building. This project is currently under construction and is expected to be completed at the end of 2019. • 15R19: Old Newport Boulevard/West Coast Highway Widening: This project is the widening of the westbound side of West Coast Highway, and realignment of Old Newport Boulevard. The 2019 MND concluded that in combination with other planned and pending development in the area, development of the proposed Project would have less than significant cumulative impacts. Since the time of Project approval, the City has received funding for an additional project which could be considered a cumulative project. This project includes widening West Coast Highway and constructing a pedestrian bridge across West Coast Highway to provide access from the parking lot across West Coast Highway as shown in Figure 4-3: West Coast Highway Pedestrian Bridge Location. As shown in Figure 4-4: West Coast Highway Bridge Rendering, this second bridge is not anticipated to block views of the ocean. However, it is unknown at this time when this Project would be constructed. Similar to other cumulative projects, this project would be considered a discretionary action that would trigger CEQA and it would be required to undergo project specific environmental review similar to the proposed Project, prior to construction. Impacts would be less than significant, and no major revisions to the 2019 MND would be required. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact. Effects to human beings are generally associated with air quality, noise, traffic safety, geology/soils, and hazards/hazardous materials. Similar to the 2019 Project, hazardous materials used during construction will be handled, stored, and disposed of according to local, State, and federal regulations. These impacts will cease upon completion of the proposed activities. Impacts will be less than significant. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 4-3West Coast Highway Pedestrian Bridge Location Name: 21169 PLAN Fig 4-3 West Coast Highway Bridge Location.MxdPrint Date: 9/28/2020, Author: pcarlos Proposed Project Bridge (Approximate Location) Future West Coast Highway Bridge (Approximate Location) ´ Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 61 21169 Figure 4-3: West Coast Highway Pedestrian Bridge Location Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Figure 4-4West Coast HighwayBridge Rendering Name: 21169 PLAN Fig 4-4 West Coast Highway Bridge Rendering.MxdPrint Date: 9/28/2020, Author: pcarlos Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 62 21169 Figure 4-4: West Coast Highway Bridge Viewshed Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 63 21169 SECTION 5.0 – REFERENCES California Department of Fish and Wildlife (CDFW) 2019 Data Viewer. DOC Maps. Accessed August 2020. https://maps.conservation.ca.gov/cgs/dataviewer/ California Department of Transportation (Caltrans) 2018 Height & Low Clearances, https://dot.ca.gov/programs/traffic-operations/legal-truck- access/height#:~:text=Height%20%26%20Low%20Clearances- ,Height%20%26%20Low%20Clearances,a%20height%20of%2014%20feet.&text=No%20 vehicle%20or%20load%20shall,of%2014%20feet%2C%203%20inches, accessed August 2020. City of Newport Beach 2005 Environmental Study Areas Map. Local Coastal Program; Coastal Land Use Plan. Available online at: https://www.newportbeachca.gov/PLN/LCP/LCP_2005_CLUP/MAP4- 1LCP05_ESA.pdf 2006 General Plan. Available online at: https://www.newportbeachca.gov/PLN/General_Plan/COMPLETE_FEB_2019/General_P lan_2006_Complete.pdf 2017a Coastal Land Use Plan. Available online at: https://www.newportbeachca.gov/PLN/LCP/Internet%20PDFs//CLUP_Cover%20and%2 0Table%20of%20Contents.pdf 2017b Local Coastal Program Implementation Plan. Available online at: https://www.codepublishing.com/CA/NewportBeach/html/pdfs/NewportBeach21.pdf 2019a Newport Beach Municipal Code. Accessed at: https://www.codepublishing.com/CA/NewportBeach/ 2019b Municipal Operations – Parks and Trees website. Available online at: https://www.newportbeachca.gov/government/departments/public-works/municipal- operations/parks-trees-20371 2020 Zoning Code Department of Conservation (DOC) 1981 Generalized Aggregate Resource Classification Map. Orange County – Temescal Valley and Adjacent Production. California Division of Mines and Geology. Department of Toxic Substances Control (DTSC) Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014) Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project MND Addendum Newport Beach, California Chambers Group, Inc. 64 21169 2019 EnviroStor. Hazardous Waste and Substances Site List (Cortese). Accessed August 2020. https://www.envirostor.dtsc.ca.gov State Water Resources Control Board (SWRCB) 2014 National Pollutant Discharge Elimination System (NDPES) Permit. Order No. R8-2014- 0002. NPDES Permit No. CAS 618030. Accessed August 2020. https://www.waterboards.ca.gov/santaana/water_issues/programs/stormwater/docs/o cpermit/2014/Draft_R8-2014-0002.pdf United States Department of Agriculture (USDA) 2019 Natural Resources Conservation Service. Web Soil Survey. Accessed August 2020. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx United States Fish and Wildlife Service (USFWS) 2019 Information for Planning and Conservation (IPaC) Trust Resource Report. Information for Planning and Conservation. Accessed at https://ecos.fws.gov/ipac/ and generated on June 3, 2019. 2019 Revised List of Migratory Birds; Final Rule. 50 CFR Part 10. Federal Register 78 (212): 65844-65864. Available online: https://www.federalregister.gov/articles/2013/11/01/2013-26061/general-provisions- revised-list-of-migratory-birds, accessed August 2020. Zoning Administrator - December 10, 2020 Item No. 8b Additional Materials Received After Deadline - Staff Superior Avenue Citywide Project CDP and MND (PA2019-014)